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Online Dispute Resolution Process-Steps
Phase I: Ensuring that all Stakeholders are willing to use Arbitration.in platform
The proceedings of Arbitration.in can be originated either by an Arbitrator as a part of his standard process or by one of the disputing party.
1.The originator of the dispute resolution mechanism registers a request for ODR at Arbitration.in paying the initial registration fee and the following particulars,
a) Information on parties/counter party?-Name, Address, E Mail, Mobile
b) Reference of the Contract agreement- with copy of the arbitration/dispute resolution clause in the agreement/any other document upon which the service is sought to be invoked
2. Arbitration.in registers the request allocates a registration ID and appoints a "Registrar" for the proceedings
3. Registrar sends a notice to the Parties/ counter party seeking his acceptance.
4. If the recipient seeks clarifications, Registrar provides the clarifications
5.If the party/counter party refuses to use Arbitration.in and the arbitration clause in the contract does not provide for the use of Arbitration.in, the proceedings cannot progress. Registrar will advise the originator accordingly and close the file.
6. If the parties/counter party provide consent, Registrar will convey the same to the originator.
7.Where the originator is one of the parties, Registrar will suggest the parties to appoint of the Arbitrator as provided in the contract. (P.S: Arbitrator may also originate the proceedings of Arbiration.in). The originator and the counter party need to negotiate and agree on an arbitrator. If necessary the suggestions and acceptance can be routed through the Registrar. Registrar will then send a request to the Arbitrator and seek his consent.
8. If the Arbitrator is not willing to use the facilities of Arbitration.in, the registrar will advise the originator and close the file.
9. If the Arbitrator and all the parties to the proposed arbitration provide their consents, it will be duly recorded by the Registrar and further proceedings would be initiated.
Phase II: Booking of the Virtual Arbitration Room
1. Originator would book the Arbitration room by paying a minimum fee as required along with indicating the likely number of persons who may be present in the room at the time of arbitration and suggest alternative meeting times. Registrar will communicate with other stake holders and try to fix a date and time suitable to all.
2.Once the date and time is frozen, Registrar will send necessary access credentials to the participants and invite them. Options will be provided to use digital signature or Aadhar for entry failing which a password and OTP would be used appropriately. Options will be provided to the users for encrypted communication as a first choice.
3.Once acknowledgements are received from all the stakeholders, Registrar will make the technical arrangements to keep the Virtual Room available and send standard instructions to all stakeholders. A brief demo session may be provided individually with each of the stakeholders to ensure that any technical glitches are sorted out.
4. The arbitrator will provide his instructions on the procedure he would adopt for conducting the meeting through the Registrar which will be communicated to the parties.
5.If any documents are to be exchanged in advance, Arbitrator would fix the time within which such documents are to be exchanged and such documents will be exchanged through the Registrar.
6. If any witnesses are intended to be produced, parties need to indicate it to the Arbitrator and Arbitrator should confirm, after which the Registrar shall make arrangements to issue entry passes to the witnesses indicating the date and time at which they need to be available.
Phase III: Arbitration Proceedings
1. On the date and at the time the arbitration is fixed, participants can arrive 15 minutes earlier and be ready to start the proceedings at the appointed time.
2. At the appointed time, Registrar will provide necessary instructions and confirm the identity of the parties by mutual authentication before commencement of the proceedings.
3.If any documents have already been exchanged, they will be displayed during the proceedings and taken on record.
4. The Arbitrator will then take over the proceedings and give his instructions to the parties.
5.As per the instructions of the Arbitrator, parties will make their presentations. If any of the parties need to use a Power Point Presentation or a white board, Registrar will provide the screen sharing option for the presentation.
6. As per the instructions of the Arbitrator, if witnesses are to be presented, they would be allowed entry at the appropriate time and given an opportunity to make their depositions with cross examinations and questioning of the witnesses as decided by the Arbitrator.
7. As per the instructions of the Arbitrator, once the presentations of the parties are completed, they may be allowed to present their oral arguments or written arguments.
8. Where necessary, the session may be adjourned and continued until all the proceedings are completed to the satisfaction of the Arbitrator.
9. The Arbitrator will either in the same session or in a subsequent proceeding read out the essential part of the award or the complete award as per his choice and submit his written award to the parties with a copy to the Registrar for records.
10. The Registrar will make arrangements for recording of the proceedings.
Phase IV: Distribution of Copy of Proceedings
1. Once the arbitration proceedings are completed, the Registrar will prepare the recording of the proceedings, digitally sign it and make it available to the stake holders as a soft copy as required.
2.Additional copies and copies in CD form to be couriered would be provided on request with appropriate payment of charges.
Mediation Proceedings
The general steps for the Mediation Proceedings will be similar to the above as may be relevant to the Mediation process.