ODR SUBMISSION AGREEMENT
Online Dispute Resolution
Current Agreements (Addendum)
ODR Clause Exists - Addendum to ODR Clause (Short Version)
The Clause No. _____ of Contract No. _____ between ___________ and _______________ dated _____ is hereby substituted and shall be replaced by the following clause:
(Brief description of contract under which disputes, controversies, differences or claims have arisen or may arise). The parties hereby agree as follows:
- The law of this ODR clause shall be governed by the Jupitice Expedited Online Dispute Resolution Rules, time being in force.
- The seat of ODR Proceedings shall be _________.
- The number of neutral(s) shall be ________ (one or three).
- In case the parties fail to appoint the neutral(s) as per the agreed procedure or within the stipulated timeframe, Jupitice shall act as the appointing authority and shall appoint the neutral(s) to resolve the dispute.
- The settlement agreement outcome of mediation, negotiation or conciliation shall be final.
- The arbitral award rendered shall be final and binding on both parties.
- The ODR proceedings shall be conducted in ________
Signed: _________ (Claimant)
Signed: _________ (Respondent)
Date: _________
Dispute Arisen/Not Arisen - Full Agreement
The Clause No. _____ of Contract No. _____ between ___________ and _______________ dated _____ is hereby substituted and shall be replaced by This Online Dispute Resolution (ODR) Submission Agreement for Jupitice ODR ("Agreement") which is entered into on [current date], by and between:
CLAIMANT:
Name: [Party's Name]
Address: [Party's Address]
Email: [Party's Email Address]
Phone: [Party's Phone Number]
RESPONDENT:
Name: [Other Party's Name]
Address: [Other Party's Address]
Email: [Other Party's Email Address]
Phone: [Other Party's Phone Number]
Together, the Claimant and Respondent shall be referred to as the "Parties."
WHEREAS, the Parties are desirous of resolving any disputes arising out of or in connection with their relationship through ODR administered by Jupitice ODR Centre. ("Jupitice");
NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
Background
The Parties have engaged in a ________________ (dispute type) related to ___________ (brief of dispute) (the "Dispute").
Both Parties recognize the value of resolving this Dispute through ODR. In addition to that, the parties agree to participate in Online Dispute Resolution by the Jupitice ODR Centre (the "Centre") to resolve the dispute.
Online Administered Dispute Resolution
Both Parties hereby consent to the resolution of the Dispute through the ODR mechanism using the Jupitice ODR services via its Online Platform. The online arbitration process includes, but is not limited to, the following:
- Submission of evidence, documents, and arguments through the online platforms.
- Virtual hearings, meetings, or conferences held via video conferencing on the platform.
- Communication with the neutral(s) and the opposing party through electronic and digital means.
ODR Procedural Rules
The Parties agree to abide by the rules and procedures outlined in the Jupitice Administered Online ODR Rules/Jupitice Expedited ODR Rules, time being in force when the Notice of Commencement is submitted (hereinafter known as 'procedural rules') of the ODR Centre for conducting Online Arbitration. This includes any specific guidelines related to the Online Dispute Resolution Process.
Seat and Venue of Arbitration
The Parties acknowledge that the Seat of Arbitration for the resolution of the Dispute will be _____. The Parties also acknowledge that the Venue of Dispute Resolution will be the Jupitice ODR Platform: https://odr.jupitice.com
Neutral Selection
The Parties acknowledge that qualified and impartial, _____________(sole or three) neutrals(s) shall be appointed to conduct the ODR proceedings, as per the procedural rules set by the ODR Centre. In case the parties fail to appoint the neutrals(s) as per the agreed procedure or within the stipulated timeframe, Jupitice shall act as the appointing authority and shall appoint the neutral(s) to resolve the dispute.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of _____ (India)
Language of Proceedings
The language to be used in resolving the Dispute shall be ___________
Confidentiality
Both Parties acknowledge and agree that all arbitration proceedings and any related documents, information, or discussions shall remain confidential. The Parties will not disclose any information about the arbitration to third parties, except as required by law.
Costs and Fees
The costs and fees associated with the conciliation, mediation, and arbitration, including the neutral's fees, shall be borne by the parties as decided: ________________
Award and Enforcement
The Parties agree that any settlement agreement or arbitral award rendered by the neutral(s) will be final and binding. The award may be entered as a judgment in any court with jurisdiction. Both Parties consent to the enforcement of the award as a legal judgment.
Entire Agreement
This Agreement constitutes the entire understanding between the Parties regarding the online resolution of the Dispute. Any modifications or amendments must be in writing and signed by both Parties.
Execution
This Agreement is effective upon the signatures of both Parties, signifying their consent to resolve the Dispute through the ODR mechanism. By signing this Agreement, both Parties acknowledge their understanding of and consent to the online arbitration process for the resolution of their dispute.
Claimant:
[Your Full Name]
Signature: ______________________
Date: ______________________
Respondent:
[Other Party's Full Name]
Signature: ______________________
Date: ______________________
By signing this document, all the parties agree and give free consent to acknowledge their rights and abide by the duties, liabilities, and obligations arising out of and the procedure set out in the ODR Agreement, Arbitration Terms, and Conditions, and Consent Form.
Kindly return/upload a signed copy of this Agreement to the ODR Centre for processing. Upon receipt of both Parties' signed Agreements, the ODR proceedings will commence.
When Arbitration Clause Does Not Exist
Dispute Arisen or Not Arisen - Agreement to Arbitrate/Arbitration Submission Agreement
This Online Dispute Resolution Submission Agreement for Jupitice Administered Online Dispute Resolution ("Agreement") is entered into on [current date], by and between:
CLAIMANT:
Name: [Party's Name]
Address: [Party's Address]
Email: [Party's Email Address]
Phone: [Party's Phone Number]
(Hereinafter known as the 'Claimant')
RESPONDENT:
Name: [Other Party's Name]
Address: [Other Party's Address]
Email: [Other Party's Email Address]
Phone: [Other Party's Phone Number]
(Hereinafter known as the 'Respondent')
Together, the Claimant and Respondent shall be referred to as the "Parties."
WHEREAS, the Parties are desirous of resolving any disputes arising out of or in connection with their relationship through the Online Dispute Resolution (ODR) mechanism administered by Jupitice ODR Centre ("Jupitice");
NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
Background
The Parties have engaged in a ________________ (dispute type) related to ___________ (brief of dispute) (the "Dispute").
Both Parties recognize the value of resolving this Dispute through ODR. In addition to that, the parties agree to participate in Online Dispute Resolution by the Jupitice ODR Centre (the "Centre") to resolve the dispute.
Online Administered Dispute Resolution
Both Parties hereby consent to the resolution of the Dispute through the ODR mechanism using the Jupitice ODR services via its Online Platform. The online arbitration process includes, but is not limited to, the following:
- Submission of evidence, documents, and arguments through the online platforms.
- Virtual hearings, meetings, or conferences held via video conferencing on the platform.
- Communication with the neutral(s) and the opposing party through electronic and digital means.
ODR Procedural Rules
The Parties agree to abide by the rules and procedures outlined in the Jupitice Administered Online ODR Rules/Jupitice Expedited ODR Rules, time being in force when the Notice of Commencement is submitted (hereinafter known as 'procedural rules') of the ODR Centre for conducting Online Arbitration. This includes any specific guidelines related to the Online Dispute Resolution Process.
Seat and Venue of Arbitration
The Parties acknowledge that the Seat of Arbitration for the resolution of the Dispute will be _____. The Parties also acknowledge that the Venue of Dispute Resolution will be the Jupitice ODR Platform: https://odr.jupitice.com
Neutral Selection
The Parties acknowledge that qualified and impartial, _____________(sole or three) neutrals(s) shall be appointed to conduct the ODR proceedings, as per the procedural rules set by the ODR Centre. In case the parties fail to appoint the neutrals(s) as per the agreed procedure or within the stipulated timeframe, Jupitice shall act as the appointing authority and shall appoint the neutral(s) to resolve the dispute.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of _____ (India)
Language of Proceedings
The language to be used in resolving the Dispute shall be ___________
Confidentiality
Both Parties acknowledge and agree that all arbitration proceedings and any related documents, information, or discussions shall remain confidential. The Parties will not disclose any information about the arbitration to third parties, except as required by law.
Costs and Fees
The costs and fees associated with the conciliation, mediation, and arbitration, including the neutral's fees, shall be borne by the parties as decided: ________________
Award and Enforcement
The Parties agree that any settlement agreement or arbitral award rendered by the neutral(s) will be final and binding. The award may be entered as a judgment in any court with jurisdiction. Both Parties consent to the enforcement of the award as a legal judgment.
Entire Agreement
This Agreement constitutes the entire understanding between the Parties regarding the online resolution of the Dispute. Any modifications or amendments must be in writing and signed by both Parties.
Execution
This Agreement is effective upon the signatures of both Parties, signifying their consent to resolve the Dispute through the ODR mechanism. By signing this Agreement, both Parties acknowledge their understanding of and consent to the online arbitration process for the resolution of their dispute.
Claimant:
[Your Full Name]
Signature: ______________________
Date: ______________________
Respondent:
[Other Party's Full Name]
Signature: ______________________
Date: ______________________
By signing this document, all the parties agree and give free consent to acknowledge their rights and abide by the duties, liabilities, and obligations arising out of and the procedure set out in the ODR Agreement, Arbitration Terms, and Conditions, and Consent Form.
Kindly return/upload a signed copy of this Agreement to the ODR Centre for processing. Upon receipt of both Parties' signed Agreements, the ODR proceedings will commence.