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Frequently Asked Questions
Have any questions? We’re here for you.
General
Bharat Solve is an organisation providing Alternate Dispute Resolution services globally. Bharat Solve provides Mediation, Arbitration and Conciliation through Online, Offline and Hybrid modes. Our dispute resolution experts are distinguished in their varied fields and possess the requisite skills to handle complexities in the gamut of disputes. Guided by our institutional rules, ably supported by our case management team and powered by our custom tech portal, Bharat Solve enables efficient and binding resolution of disputes. Bharat Solve’s ecosystem is built on neutrality, transparency, simplicity and trust.
ADR refers to settlement of disputes outside the court with the help of a neutral third party. ADR denotes a wide range of processes and techniques that parties can use to resolve disputes by way of Negotiation, Mediation, Arbitration and Conciliation.
With the advent of globalization, where business is conducted freely across boundaries, the need for efficient and effective dispute management systems has become paramount.
The best time to decide not to fight is when parties are not fighting. Though no party gets into an agreement wanting for it to fallout but one must be conscious of this possibility. Parties surely can exercise control over how they deal with the consequences of this fallout. Incorporating Bharat Solve’s model clause sets the tone, method and manner of dispute resolution i.e it streamlines the process to resolve a future disagreement.
Yes. Bharat Solve’s Rules of Mediation and Bharat Solve’s Rules of Arbitration govern proceedings. These rules have been adopted to suit the dynamic global parameters while making the Mediation and Arbitration process equitable and cost effective.
*insert link to Rules*
After appointing a suitable neutral, Bharat Solve aims to optimize the ADR processes wherein dedicated Case Managers are assigned to assist in smooth conduct and coordination between the Panellists and the parties. This minimises the time spent in administration and coordination, so panellists and parties can focus their time most productively.
We offer services for the Mediation/Arbitration sessions such as assistance in writing of awards, registering of settlements, venue booking and IT support. We provide support staff such as Stenographers, translators, etc to conduct the sessions.
Where needed, Bharat Solve appoints independent expert witnesses to determine technical points – such as ascertaining damages, complex cost calculations or industry specific technicalities.
Bharat Solve is not a law firm and does not provide legal advice. Bharat Solve is an independent, neutral institution that does not represent parties.
Upon registration of a dispute, a neutral is assigned on behalf of all the parties after evaluating various factors such as:
- Dispute: nature, complexity and quantum
- Neutral: area of expertise, availability and ability to conduct the proceedings neutrally and fairly
- In light of expressed preferences of the Parties such as Language, Seat etc
To maintain integrity and independence of the ADR Process, parties shall not unilaterally communicate with the assigned neutral and the neutral shall not communicate unilaterally with any party. Any and all communication with the neutral shall be through Bharat Solve.
There is no fixed minimum or maximum claim amount restriction for filing a case with Bharat Solve.
Yes. Bharat Solve offers languages other than English on agreement of Parties. This includes regional and international languages.
ODR proceedings entail the same validity and enforceability as the ADR Process.
Adding to the inherent benefits of ADR, ODR further eases the process of dispute resolution by enhancing participation, removing travel costs, making it more accessible and providing greater flexibility. ODR may allow for the participation of parties who could not otherwise attend an in-person meeting due to geographical and logstical challenges, old age or a disability. ODR may be appropriate where there are sensitivities between the parties that may be exacerbated by being in the same room (e.g. matrimonial disputes).
In fact, for low value high volume disputes, cross-border disputes, e-commerce, etc it is the most appropriate mode of dispute resolution.
The empanelment is based on profile verification, past experience, ADR training and performance evaluation. Such empanelment does not entail any fee. To get empanelled kindly submit details on ‘Join our Panel’ link and we will contact you on given contact details.
Yes. As it turns out, appointment of a neutral is a challenging task for two opposing sides to agree on. Bharat Solve can help appoint a qualified and suitable neutral having no-conflict of interest for either of the parties. We also appoint support staff and expert witnesses so that possibility and allegation of bias is eliminated. Each neutral is subject to Disclosures as per Bharat Solve’s Rules of Conduct.
Yes. Bharat Solve has model clauses for Arbitration, Mediation, Med-Arb, Arb-Med-Arb proceedings as well as for existing disputes. Parties may incorporate the preferred and suitable model clause in agreements/contracts from- *insert link here *
Yes Bharat Solve has a distinguished panel ranging from legal luminaries to business leaders and from generalists to subject experts suited to handle a gamut of dispute types.
Yes, if both the parties agree, the parties are at liberty to nominate/appoint their own neutral provided they otherwise qualify to act in that capacity. Every neutral is subject to Disclosures as per Bharat Solve’s Rules of Conduct.
Online Dispute Resolution (ODR) involves using legally recognized ADR mechanisms to resolve disputes in an online environment. It is a modern counterpart of ADR and refers to the use of technology to resolve disputes out-of-court, by adopting various mechanisms such as arbitration, conciliation, mediation, negotiation or a combination thereof (collectively referred to as “ADR Process”). It has the potential to solve for one of the most challenging problems faced by humanity –‘access to justice’.
ODR is not a separate mechanism, simply the conduct of ADR Process in an online environment. Accordingly, the law not only permits ODR, but it has also gained wide recognition in India from the judiciary, the government and business enterprises. It is advocated for by The United Nations Commission on International Trade Law and by NITI Aayog **The NITI Aayog Expert Committee on ODR. **
To incorporate ODR as a dispute resolution mechanism in your contract:
- Insert an appropriate ADR clause from Bharat Solve Model Clauses in the contract and include ODR clause: “The parties wish to incorporate online mode for proceedings as far as practicable”
[Please ensure that there are no conflicting dispute resolution clauses under the heading “Dispute Resolution” or “Arbitration” or under a similar section in the contract. In case the contract is already executed, parties can still opt for ODR mechanisms by agreeing to it by an exchange of letters / emails.] - The ‘Notice’ clause in the contract should enable parties to serve notices / communications by email, tele-messaging applications such as text message and WhatsApp; and
- Preferably – The ‘Governing Law’ clause in the contract states that the contract is governed by and construed in accordance with the laws prevalent in India.
Yes. Once a dispute is registered on Bharat Solve’s ODR platform by a party, an invitation will be sent by Bharat Solve to the other party. Once accepted, the ADR Process will commence on Bharat Solve’s platform in the preferred online, offline or hybrid mode.
- Cloud-based end-to-end ODR platform accessible from desktops, laptops and smartphones
- Smart case management tools
- Email, WhatsApp and SMS integration along with real-time communication
- Technology assisted case allocation tool for assignment of suitable neutral
- Automated document workflow
- Pre-formatted documents
- E-signatures and e-stamping
All notices, updates, information and documents will be communicated in real-time via email and messaging applications such as SMS / WhatsApp and can also be viewed in real-time by logging in to Bharat Solve’s ODR platform.
Bharat Solve has implemented appropriate safeguards to prevent unauthorized access to any party’s information or documents and to maintain data security. Bharat Solve employs encryption technology for protecting sensitive information. Bharat Solve follows generally accepted industry standards to protect the information and documents submitted on Bharat Solve’s ODR platform. However, no method of electronic transmission or storage is 100% secure. While Bharat Solve strives to use commercially acceptable means to protect the information and documents of the parties, Bharat Solve does not guarantee its absolute security and assumes no liability or responsibility for disclosure of any party’s information due to errors in transmission, unauthorized third-party access, or other causes beyond Bharat Solve’s control. The parties play an important role in keeping its information secure. Parties should not share its account information with any third party.
Arbitration
Oral hearings can be conducted in person or virtually on audio / video-conferencing applications.
Parties may choose to be represented or assisted through an authorised representative for the proceedings. However, the professional charges of the authorised representative, cost of appointment and representation or any other incidental costs shall be borne by the appointing party. In relation to the arbitration proceedings, the arbitrator will have the discretion to determine whether costs are payable by one party to another, the amount of such costs and when such costs are to be paid.
Notwithstanding non-participation by a party, the arbitration proceedings may continue and the arbitrator may proceed with the adjudication of the dispute based on the evidence before the arbitrator. It is recommended that all parties should participate in the proceedings for proper resolution of the dispute.
As per the Arbitration and Conciliation Act, 1996, an arbitration award is final and binding on the parties and enforceable as if it were a decree of the court. The NewYork convention, signed by over 160 nations, gives such awards global enforceability.
Yes. Bharat Solve provides the option for Interim relief and urgent orders in emergency situations.
Parties are required to carry out the arbitral award immediately and without delay to avoid serious consequences as provided under the law.
While the platform, technology and process have been designed and developed keeping in mind confidentiality obligations applicable to dispute resolution, the applicable laws bind the parties, practitioners and providers to confidentiality. Accordingly, all proceedings facilitated and administered by Bharat Solve are confidential except where and to what degree disclosure is necessary for purposes of implementation and enforcement.
Arbitration generally takes 12 months from the day of the appointment of the arbitral tribunal.
Bharat Solve’s fastrack arbitration rules aim to finish the procedure of arbitration in 6 months from the date of commencement of Arbitral proceedings.
When necessary and as requested, interim awards may be passed by the appointed arbitral tribunal.
Yes awards rendered through any of our mechanisms (Negotiated settlements/Mediation/Arbitration/Conciliation) are enforceable. Not only nationally but Internationally enforceable through the various conventions countries are signatories to
- Arbitration is a less formal and more flexible process than court litigation, and it is conducted in a private setting. Parties to the arbitration, as well as arbitrators, are obliged to maintain the confidentiality of all matters relating to the proceedings except to the extent required to enforce the arbitral award.
● Parties are free to provide their preferences for choosing the arbitrator/s having the relevant qualifications and subject matter expertise to adjudicate the matter. This also helps speed up the hearings as the arbitral tribunal is specialised in the dispute type and the industry. ● Parties are free to choose the procedures and rules for the conduct of an arbitration. Section 19(1) of Arbitration and Conciliation Act, 1996 states that the Arbitration Tribunal shall not be bound by the Civil Procedure Code, 1908 (5 of 1908), or the Indian Evidence Act, 1872 (1 of 1872). Meaning, overall parties are more involved and have more control over the procedure and proceedings.
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- The contract contains an appropriate dispute resolution clause;
- Acceptance of invitation to resolve on MORD platform;
- Parties make a joint application; or
- Dispute is referred to by a court, tribunal or regulatory authority.
Mediation
Mediation is a confidential and informal process of ADR whereby the disputing parties work with a neutral third party i.e. the Mediator to resolve their disputes. The Mediator facilitates the exchange of information and the bargaining process to arrive at a mutually acceptable solution.
A settlement agreement made in pursuance to mediation proceedings shall be final and binding on the parties. The terms of settlement may also be recorded in a conciliation agreement and it shall have the same status and effect as if it is an arbitral award. The Singapore Convention gives mediation global validity and standing.
Minimum of 2 sessions. Depending on the progress of the first two sessions Parties may choose to move forward and undergo more sessions as required to achieve a resolution. The number of sessions depends on the cooperation of the parties as also complexity and other factors on a case-to-case basis. Bharat Solve endeavours to conclude mediation in the shortest time possible giving you a considerable benefit of time saving.
Maximum duration of the Mediation process from the time of appointment of Mediator is generally 3-6 months. Settlements through mediation can be reached oftentimes in a matter of a few sessions while the maximum number of days for a mediation to be concluded is 180 days .Whereas some special cases, as an exception, may be granted a further one time extension
Mediation is terminated and a Mediation Failure report is made without assigning blame or reason for such failure.
We went to mediation and reached an agreement that everyone signed. What happens now?
Settlement agreements reached through mediation are legally binding and enforceable like an arbitration award. Such an agreement is registered with authorities or submitted to court as the case may be.
The mediator does not decide right or wrong nor does a mediator make decisions for the participants. Instead, the role of the mediator is to help people respectfully discuss what is important to them and to reach their own agreement.
Mediation is an attractive mode of dispute settlement as it :
- minimises the cost of settling any dispute;
- gives parties control over the dispute-settlement process;
- provides a speedy settlement;
- maintains confidentiality concerning the dispute;
- preserves and develops an underlying business relationship between the parties to the dispute.
Going to court is an expensive and a time-consuming affair, given the large pendency of cases in India it may take years to reach a conclusive decision. Mediation on the other hand is a time saving and relatively inexpensive mode of dispute resolution.
Mediation is a facilitative process which helps parties resolve disputes in a non-confrontational way. Parties are guided by the mediator to arrive at a mutually agreeable solution while keeping the entire process confidential parties are left feeling satisfied with the outcomes.
A dispute can be Resolved using Mediation on Bharat Solve platform when:
- Both parties are willing,
- Mediation may be initiated at any stage with or without court directions,
- Pre-institution Mediation mandated for all commercial cases,
- Family courts also mandate mediation at the pre-institution level.
During a mediation session, disputing parties will be given opportunities to voice their concerns. The mediator will guide them towards important issues to be resolved, facilitating the negotiation to reach a mutually agreeable solution. Depending on the situation, he or she may speak to each party separately. When an agreement is reached, the terms are recorded and signed by the parties.
All mediation sessions are held in confidence. There are no transcripts or formal recordings of the session. Only the mediator, the parties and/or their authorised representatives and advisors are allowed to be present.
You can apply for mediation by clicking here *insert link*
While it is advisable to attend mediation sessions with a lawyer it is not mandatory to do so.
No. Mediation can only commence when all parties involved have consented to it.