RULES, CODE & FEES
DISPUTE RESOLUTION RULES
If you desire to resolve your dispute using Jupiter Council for Arbitration and Mediation’s (“JCAM”) platform, you agree to be bound by its Dispute Resolution Rules (“Rules”). The Rules are designed to help you take maximum advantage of JCAM online dispute resolution (“ODR”) system and prevent litigation thereby safeguard yourself from adversities of disputes and resolve them quickly, economically, effectively and efficiently. Note: If a dispute is referred for resolution to JCAM by a court orstatutory authority then such disputes shall be resolved in accordance with the rules, regulations, and guidelines of the referring authority that are in effect as of the date on which request is made to JCAM.
NEUTRALITY OF JCAM:
JCAM has no interest in the outcome of any dispute. The role of JCAM is limited to offering ODR services in a neutral, equitable, impartial, unbiased, cost effective and reasonable timeframe by utilising the state-of-art technology infra and facilities. JCAM never discriminates anyone on grounds of gender, disability, colour, caste and creed.
ARBITRATORS’ AND MEDIATORS’ CODE OF CONDUCT AND DISCLOSURE RULES
The Arbitrators’ and Mediators’ Code of Conduct and Disclosure Rules (“Code”) set out the general framework for ethics with which the arbitrators and mediators / conciliators empanelled with JCAM shall conduct the arbitration and mediation / conciliation proceedings, respectively. The Code also governs the disclosure requirements to act as an arbitrator or a mediator / conciliator. This code is in consonance with the applicable law i.e. Arbitration and Conciliation Act 1996, as amended up to date read with rules, if any, and the same is pari materia of applicable codified law in force read with law of the land/judgments.
Statutory law including Arbitration and Conciliation Act 1996, as amended up to date read with rules, if any, as applicable shall govern, assist and guide the process, procedure and rules for resolving disputes on JCAM’s ODR platform. Moreover, the arbitration tribunal is free to conduct, hold, appreciate evidence and conclude proceedings and provide for detailed procedure as per the mentioned procedures, law in force, read with applicable rules, as applicable.
MODEL FEE SCHEDULE
If a dispute is referred for resolution to JCAM by any party, then the fee for resolution of such disputes shall be as follows:
Model fee per dispute for arbitration/mediation/conciliation administered by JCAM on its ODR platform is as mutually agreed between the parties.
Note :
(a) The aforesaid fees are non-refundable and exclusive of applicable taxes. (b) Stamp duty, taxes including GST and TDS, statutory charges, out-of-pocket expenses, if any, shall be reimbursed to JCAM in accordance with the fee imposed by law or on actual basis, as the case may be.
(c) The full fees is payable in advance irrespective of the outcome of the dispute, promptly upon receipt of a payment requisition by JCAM.
(d) The cost or professional charges of any legal practitioner or authorised representative, including without limitation, cost of appointment and / or representation and / or any other incidental costs shall be borne by the respective parties.
(e) Each party shall be responsible for its respective taxation obligations as per the applicable laws for the time being in force.
USAGE/SERVICE POLICY OF JCAM PLATFORM:
In case you have availed or availing any of the services provided by JCAM platform, you are exclusively bound by the terms and conditions as mentioned/available on the website and these terms and conditions shall have an overriding effect over any other agreement/SLA/MoU/document signed between the parties including such documents where JCAM is a party to the said agreement/document.
DISPUTE RESOLUTION:
In case any dispute has arisen, representation shall be made to JCAM within 30 days for the purpose of amicable resolution of the dispute. Further, in case any dispute has arisen between any party and JCAM, all efforts shall be made to amicably resolve the dispute within 7 days by mediation. In the event such disputes are unresolved after failed mediation, such disputes shall be referred to Delhi International Arbitration Centre (DIAC). DIAC shall have exclusive jurisdiction to resolve such dispute and any party may approach DIAC. No claim against JCAM shall be entertained by any court/tribunal except as stated herein.
INDEMNIFICATION
You hereby indemnify and hold JCAM, its directors/promoters/shareholders, affiliates, subsidiaries, holding companies absolutely harmless out of any claims arising out of usage of any of the services provided by/availed from JCAM, its directors/promoters/shareholders, affiliates, subsidiaries, holding companies.
LIMITATION OF LIABILITY
The overall liability of the JCAM, its directors/promoters/shareholders, affiliates, subsidiaries, holding companies is capped at INR 1000/- to any party who has approached JCAM for resolution of any dispute refereed to the same. No claim against JCAM shall be entertained by any court/tribunal except as stated herein. In case any awards/orders, if any, passed in furtherance of proceedings via JCAM platform is dismissed/set aside/dismissed with costs by any court, the overall liability is capped at INR 100/- per party who availed the service. No such claim can be made by any parties against JCAM after the expiry of 6months of such proceedings concluded in furtherance of usage of JCAM platform. Any third party shall have absolutely no right to claim anything against JCAM, its directors/promoters/shareholders, affiliates, subsidiaries, holding companies.
If you have any questions or require any questions, suggestions, clarifications or queries please feel free to reach out to us at odr@jcam.in .
