Contract Clauses

Mediation Only

Any dispute that may arise between [Party 1] and [Party 2] in reference to this Agreement, or the interpretation, application or construction thereof, and any matter, without limitation, shall be referred to mediation. All mediation proceedings shall be subject to IBA-DRF rules and the place of mediation shall be IBA DRF.

OPTIONAL - If mediation is not successful, the dispute shall be submitted to arbitration, conducted before an arbitrator, appointed with mutual consent, in accordance with the Arbitration Act 1940. Judgment may be entered on the arbitration award in any court having jurisdiction; provided. Within twenty (20) working days of the conclusion of the arbitration hearing, the arbitrator(s) shall prepare written findings of fact and conclusions of law. It is mutually agreed that the written decision of the arbitrator(s) shall be valid, binding, final and non-appealable; provided however, that the parties agree that the arbitrator shall not be empowered to award punitive damages against any party.

At any time during the arbitration proceedings, both parties may mutually decide to refer the dispute again to mediation to resolve the dispute. Each party can refer the matter to mediation only one (1) time after the initiation of arbitration proceedings.

MedArbMed

Any dispute that may arise between [Party 1] and [Party 2] in reference to this Agreement, or the interpretation, application or construction thereof, and any matter, without limitation, shall first be referred in writing to the [Middle Management Officers] of each party. If the dispute is not resolved by the [Middle Management Officers] within [21] days from the date on which the dispute has been referred to them in writing, it shall be referred to the [Managing Director or equivalent post known by whatsoever title] of each party.

OPTIONAL - If the [Managing Directors] are unable to resolve the dispute within a further [21] days, and if the dispute concerns [technical issue], then the parties [may/shall] refer the dispute to [relevant body/process] for binding expert determination.

If the aforementioned process fails to resolve the dispute, the dispute shall be referred to mediation. All mediation proceedings shall be subject to IBA-DRF rules and the place of mediation shall be IBA DRF.

If mediation is not successful, the dispute shall be submitted to arbitration, conducted before an arbitrator, appointed with mutual consent, in accordance with the Arbitration Act 1940. Judgment may be entered on the arbitration award in any court having jurisdiction; provided. Within twenty (20) working days of the conclusion of the arbitration hearing, the arbitrator(s) shall prepare written findings of fact and conclusions of law. It is mutually agreed that the written decision of the arbitrator(s) shall be valid, binding, final and non-appealable; provided however, that the parties agree that the arbitrator shall not be empowered to award punitive damages against any party.

ArbMedArb

Any dispute that may arise between [Party 1] and [Party 2] in reference to this Agreement, or the interpretation, application or construction thereof, and any matter, without limitation, shall first be referred in writing to the [Middle Management Officers] of each party. If the dispute is not resolved by the [Middle Management Officers] within [21] days from the date on which the dispute has been referred to them in writing, it shall be referred to the [Managing Director or equivalent post known by whatsoever title] of each party.

If the aforementioned process fails to resolve the dispute, the dispute shall be referred to arbitration, conducted before an arbitrator, appointed with mutual consent, in accordance with the Arbitration Act 1940. Judgment may be entered on the arbitration award in any court having jurisdiction; provided. Within twenty (20) working days of the conclusion of the arbitration hearing, the arbitrator(s) shall prepare written findings of fact and conclusions of law. It is mutually agreed that the written decision of the arbitrator(s) shall be valid, binding, final and non-appealable; provided however, that the parties agree that the arbitrator shall not be empowered to award punitive damages against any party.

At any time during the arbitration proceedings, both parties reserve the right to refer the dispute to mediation. Entering into mediation shall immediately put into effect a stay of proceedings in the arbitration until the finality of mediation. In case of a failure of mediation the arbitration proceedings shall resume forthwith. At any time during the arbitration proceedings, both parties may mutually decide to refer the dispute again to mediation to resolve the dispute. Each party can refer the matter to mediation only one (1) time after the initiation of arbitration proceedings.

All mediation proceedings shall be subject to IBA-DRF rules and the place of mediation shall be IBA-DRF.