Comprehensive Model ODR Clauses
Tailored Solutions for Diverse Scenarios
1. Jupitice Administered Clause
"Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by online dispute resolution mechanism under the administration of the Jupitice Online Dispute Resolution Centre in accordance the Jupitice Administered Online Dispute Resolution Rules, time being in force when the Notice of Commencement is submitted.
The parties hereby agree as follows:
- The seat of ODR 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 _________
This clause shall survive the termination of the contract."
2. Expedited Jupitice Administered Clause
"Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by administered Online Dispute Resolution under the Jupitice Online Dispute Resolution Centre in accordance the Jupitice Expedited Online Dispute Resolution Procedural Rules, time being in force when the Notice of Commencement is submitted.
The parties hereby agree as follows:
- The seat of ODR 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 _________
This clause shall survive the termination of the contract."
3. Ad-Hoc Online Arbitration on Jupitice Platform
"Any dispute, controversy, or claim arising out of or relating to this contract, including its existence, validity, interpretation, performance, breach, or termination, shall be resolved by online on the Jupitice Online Platform at odr.jupitice.com
The ODR proceedings shall be governed by the ODR rules to be mutually decided by both parties. The seat of dispute resolution (arbitration, conciliation, mediation, etc.) shall be _______________, and the dispute resolution shall be conducted by _____________(one/three) neutrals(s) appointed by the mutual consent of the parties.
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 ODR proceedings shall be conducted in ___________ (language). The settlement agreement outcome of mediation, negotiation or conciliation shall be final. The arbitral award rendered shall be final and binding on the parties and enforceable under applicable law.
This clause shall survive the termination of the contract."