JUPITICE ODR PROCEDURAL RULES

1.1 The JUPITICE ODR Rules shall apply to a wide range of disputes which includes but not limited to interpersonal disputes including consumer to consumer disputes (C2C), marital separation, interstate conflicts, property disputes, e-commerce transaction disputes, business to consumer (B2C) disputes, business-to business disputes (B2B), and also dispute arising out of cross-border where the parties agreed that disputes relating to that transaction shall be resolved under these Rules, so long as the dispute falls within the scope of the Rules.

1.2 These Rules shall govern the ODR proceedings subject to such modifications as the parties may agree. Where any of these rules are in conflict with any provision(s) of the law applicable to the proceedings that provision of the applicable law shall prevail.

1.3 Unless the parties otherwise agree, the law applicable to all the proceedings under these Rules shall be the laws of India. For the avoidance of doubt this includes the law applicable to the parties agreement to resolve any dispute between them under the Jupitice ODR Rules and the law applicable to the procedure of the dispute resolution proceedings under these Rules.

2.1 'ODR' or Online Dispute Resolution is a mechanism for resolving disputes through the use of electronic communications and other information and communication technology.

2.2 'JUPITICE ODR platform' means a system for generating, sending, and receiving, storing, exchanging or otherwise processing communications under these Rules.

2.3 'Claimant' means any party initiating ODR proceedings under the Rules.

2.4 'Respondent' means any party to whom the notice is directed.

2.5 'Communication' means any communication (including a statement, declaration, demand, notice, Response, submission, notification or request) made by means of information generated, sent, received or stored by electronic, magnetic, optical or similar means through JUPITICE ODR platform.

2.6 'Electronic address' means an information system, or portion thereof, designated by the parties to the online dispute resolution process to exchange communications related to that process.

3.1 The principles that underpin JUPITICE ODR process include fairness, transparency, due process and accountability.

3.2 JUPITICE ODR platform may assist in addressing a situation arising in interpersonal disputes including consumer to consumer disputes (C2C), marital separation, interstate conflicts, property disputes, e-commerce transaction disputes, business to consumer (B2C) disputes business-to business disputes (B2B), and also dispute arising out of cross-border disputes etc.

3.3 JUPITICE ODR platform ought to be simple, fast and efficient, in order to be able to be used in a "real world setting", including that it should not impose costs, delays and burdens that are disproportionate to the economic value at stake.

TRANSPARENCY

3.4 JUPITICE ODR platform maintains the relationship between the JUPITICE ODR administrator and a particular disputing party, so that users of the service are informed of potential conflicts of interest.

3.5 JUPITICE ODR administrator maintains the data or statistics on outcomes in JUPITICE ODR processes, in order to enable parties to assess its overall record, consistent with applicable principles of confidentiality.

3.6 All relevant information is always available on the JUPITICE'S website in a user-friendly and accessible manner.

INDEPENDENCE

3.7 JUPITICE ODR administrator always adopts a code of ethics for its neutrals, in order to guide neutrals as to conflicts of interest and other rules of conduct.

3.8 JUPITICE ODR administrator follows the policies dealing with identifying and handling conflicts of interest.

EXPERTISE

3.9 JUPITICE implements comprehensive policies governing selection and training of neutrals.

3.10 There is an internal oversight/quality assurance process that helps the JUPITICE ODR administrator to ensure that a neutral conforms to the standards it has set for itself.

CONSENT

3.11 JUPITICE ODR process is based on the explicit and informed consent of the parties.

4.1 All communications in the course of ODR proceedings shall be communicated to the parties through JUPITICE ODR platform.

4.2 A communication shall be deemed to have been received when, following communication to the Parties in accordance with article 4.1, JUPITICE notifies the parties of its availability, in accordance with paragraph 4.4.

4.3 JUPITICE shall acknowledge receipt of any communications by a party or the neutral at their electronic addresses.

4.4 JUPITICE shall promptly notify a party or the neutral of the availability of any communication directed to that party or the neutral at the JUPITICE ODR platform.

4.5 JUPITICE shall promptly notify all parties and the neutral of the conclusion of the negotiation stage of proceedings and the commencement of the mediation stage of proceedings; the expiry of the mediation stage of proceedings; and, if relevant, the commencement of the arbitration stage of proceedings.

5.1 A party may request the commencement of ODR proceedings by submitting a Request for Commencement to the JUPITICE ODR platform.

5.2 The Request for Commencement shall include the following information:

• The name and contact details of the party making the request;
• The name and contact details of the other party;
• A description of the dispute;
• The amount in dispute;
• The jurisdiction of the dispute;
• The law applicable to the dispute;
• The agreed or proposed method of dispute resolution;
• Any other relevant information.

5.3 Upon receipt of the Request for Commencement, the JUPITICE ODR platform shall promptly notify the other party of the request.

5.4 The other party shall respond to the Request for Commencement within [five (5)] calendar days.

5.5 If the other party does not respond to the Request for Commencement within [five (5)] calendar days, the Request for Commencement shall be deemed to have been accepted.

6.1 The respondent shall communicate to the JUPITICE ADMINISTRATOR, a response to the Request/Notice in accordance with article 6.2 within [seven (7)] calendar days of being notified of the availability of the Request/Notice on the JUPITICE ODR platform. The response should, as far as possible, be accompanied by all documents and other evidence relied upon by the respondent or contains references to them.

6.2 The response shall include:

• The name and designated electronic address of the respondent and the respondent's representative (if any) authorized to act for them respondent in the ODR proceedings
• A response to the grounds on which the claim is made;
• Any solutions proposed to resolve the dispute;
• The signature or other means of identification and authentication of the respondent and/or the Respondent's representative.

6.3 Statement of any counterclaim containing the grounds on which the counterclaim is made. The respondent may provide, at the time it submits its Response, any other relevant information, including information in support of its response, and also information in relation to the pursuit of other legal remedies.

7.1 The first stage of proceedings a technology enabled negotiation commences, in which the claimant and respondent negotiate directly with one another through the JUPITICE ODR platform.

7.2 If the response does not include a counterclaim, the negotiation stage shall commence upon communication of the response to the JUPITICE, and notification thereof to the claimant. If the response does include a counterclaim, the negotiation stage shall commence upon communication of the response by the claimant to that counterclaim and notification thereof to the respondent, or after the expiration of the response period set out in Article 6, whichever is earlier.

7.3 If the respondent does not communicate to the JUPITICE ADMINISTRATOR a response to the Request/Notice in accordance with the form contained in Article 6.2 within the time period set out in Article 6.1, or where one or both parties request that the process move to the mediation stage of the proceedings, or a party elects not to engage in the negotiation stage of proceedings, then the mediation stage of JUPITICE ODR proceedings shall immediately commence.

7.4 If the parties have not settled their dispute by negotiation within [ten (10)] calendar days of submission of the commencement of the negotiation stage of proceedings, the mediation stage of JUPITICE ODR proceedings shall immediately commence.

7.5 The parties may agree to a one-time extension of the deadline for reaching settlement. However, no such extension shall be for more than [ten (10)] calendar days.

8.1 If the negotiation process fails (i.e. does not result in a settlement of the claim), the process may move to a second, "Mediation" stage. Upon commencement of the mediation stage of JUPITICE ODR proceedings, the JUPITICE ADMINISTRATOR shall promptly appoint a mediator in accordance with Article 12 and shall notify the disputing parties:

• of that appointment in accordance with Article 11 and
• of the deadline for the expiry of the mediation stage

8.2 Following appointment, the mediator shall communicate with the parties through JUPITICE ODR platform to attempt to reach a settlement agreement.

8.3 If the parties have not settled their dispute by mediation within [ten (10)] calendar days of being notified of the appointment of the mediator pursuant to Article 11 the JUPITICE ODR proceedings shall move to the final (arbitration) stage of proceedings pursuant to Article 9.

9.1 At the expiry of the mediation stage, the Mediator shall proceed to communicate a date to the disputing parties for any final communications to be made. Such date shall be not later than [ten (10)] calendar days from the expiry of the Mediation stage.

9.2 Upon commencement of the Arbitration stage of JUPITICE ODR proceedings, the JUPITICE ADMINISTRATOR shall promptly appoint an Arbitrator in accordance with Article 12, if parties agreed for the arbitration proceedings.

9.3 Each party shall have the burden of proving the facts relied on to support its claim or defense.

9.4 The Arbitrator shall evaluate the dispute based on the information submitted by the parties and shall render an award. The JUPITICE ADMINISTRATOR shall communicate the award to the parties and the award shall be recorded on the JUPITICE ODR platform for future preference.

9.5 The award shall be made in writing and signed by the Arbitrator and shall indicate the date on which it was made and the place or mode of arbitration.

9.6 The requirement in article 9.5 for:

• The award to be in writing shall be met where the information contained in the award is accessible so as to be usable for subsequent reference; and
• The award to be signed shall be met where data is used to identify the Arbitrator and to indicate his or her approval of the information contained in the award.

9.7 The award shall state brief grounds upon which it is based.

9.8 The award shall be rendered promptly, preferably within [ten (10)] calendar days from a specified point in proceedings as determined by the JUPITICE ADMINISTRATOR.

9.9 An award may be made public with the consent of all parties or where and to the extent disclosure is required of a party by legal duty, to protect or pursue a legal right or in relation to legal proceedings before a court or other competent authority.

9.10 The award shall be final and binding on the parties. The parties shall carry out the award without delay.

9.11 In all cases, the Arbitrator shall decide in accordance with the terms of the contract, taking into consideration any relevant facts and circumstances.

9.12 The Arbitrator shall apply the rules of law designated by the parties as applicable to the substance of the dispute. Failing such designation, the Arbitrator shall apply the law which it determines to be appropriate.

9.13 The Arbitrator shall decide as amiable Compositeur or Ex Aequo Et Bono only, if the parties have expressly authorized the Arbitrator to do so.

10.1 Within [five (5)] calendar days after the receipt of the award, a party, with notice to the other party, may request the Arbitrator to correct in the award any error in computation, any clerical or typographical error, or any error or omission of a similar nature. If the Arbitrator considers that the request is justified, he or she shall make the correction including a brief statement of reasons within [two (2)] calendar days of receipt of the request. Such corrections shall be submitted to the JUPITICE ODR platform and shall form part of the award. The Arbitrator may make such corrections on its own initiative.

11.1 If settlement is reached at any stage of the JUPITICE ODR proceedings, the terms of such settlement shall be submitted to the JUPITICE ODR platform, at which point, the JUPITICE ODR proceedings will automatically terminate.

12.1 The JUPITICE ADMINISTRATOR shall appoint the neutral (Mediator/Arbitrator) promptly following commencement of the mediation and Arbitration stage of proceedings. Upon appointment of the neutral (Mediator/Arbitrator), the JUPITICE shall promptly notify the parties of the name of the neutral (Mediator/Arbitrator) and any other relevant or identifying information in relation to that neutral (Mediator/Arbitrator).

12.2 The neutral (Mediator/Arbitrator), by accepting appointment, confirms that he or she can devote the time necessary to conduct the JUPITICE ODR proceedings diligently, efficiently and in accordance with the time limits in the Rules.

12.3 The neutral (Mediator/Arbitrator) shall, at the time of accepting his or her appointment, declare his or her impartiality and independence. The neutral (Mediator/Arbitrator), from the time of his or her appointment and throughout the JUPITICE ODR proceedings, shall without delay, disclose to the JUPITICE, any circumstances likely to give rise to justifiable doubts as to his or her impartiality or independence. The JUPITICE ADMINISTRATOR shall promptly communicate such information to the parties.

12.4 Either party may object to the neutral's (Mediator/Arbitrator) appointment within [two (2)] calendar days:

• of the notification of appointment without giving reasons therefor; or
• of a fact or matter coming to its attention that is likely to give rise to justifiable doubts as to the impartiality or independence of the neutral (Mediator/Arbitrator), setting out the fact or matter giving rise to such doubts, at any time during the JUPITICE ODR proceedings.

12.5 Where a party objects to the appointment of a neutral (Mediator/Arbitrator) under article 12.4 (i), that neutral shall be automatically disqualified and another shall be appointed in his or her place by the JUPITICE. Each party shall have a maximum of [three (3)] challenges to the appointment of a neutral (Mediator/Arbitrator) following each notice of appointment, following which the appointment of a neutral by the JUPITICE will be final, subject to article 12.4 (ii). Alternatively, if no challenges are made within [two (2)] days of any notice of appointment, the appointment will become final, subject to article 12.4 (ii).

12.6 Where a party objects to the appointment of a neutral under article 12.4 (ii) above, the JUPITICE ADMINISTRATOR shall make a determination within [three (3)] calendar days, regarding whether that neutral shall be replaced.

12.7 Either party may object, within [three (3)] calendar days of the final appointment of the neutral (Mediator/Arbitrator), to the provision by the JUPITICE to the neutral (Mediator/Arbitrator) of information generated during the negotiation stage. Following the expiration of this [three-day] period and in the absence of any objections, the JUPITICE shall convey the full set of existing information on the JUPITICE ODR platform to the neutral (Mediator/Arbitrator).

12.8 The number of Mediators shall be one and arbitrators one or three.

If the neutral (Mediator/Arbitrator) resigns or otherwise has to be replaced during the course of JUPITICE ODR proceedings, the JUPITICE shall appoint a neutral (Mediator/Arbitrator) to replace him or her pursuant to Article 12. The JUPITICE ODR proceedings shall resume at the stage where the neutral (Mediator/Arbitrator) that was replaced ceased to perform his or her functions.

14.1 Subject to the Rules, the neutral may conduct the JUPITICE ODR proceedings in such manner as he or she considers appropriate.

14.2 The neutral (Mediator/Arbitrator), in exercising his or her functions under the Rules, shall conduct the JUPITICE ODR proceedings so as to avoid unnecessary delay and expense and to provide a fair and efficient process for resolving the dispute. In doing so, the neutral (Mediator/Arbitrator) shall remain at all times wholly independent and impartial and shall treat both parties equally.

14.3 Subject to any objections under Article 12, the neutral (Mediator/Arbitrator) shall conduct the JUPITICE ODR proceedings on the basis of all communications made during the proceedings, the relevance of which shall be determined by the neutral (Mediator/Arbitrator). The JUPITICE ODR proceedings shall be conducted on the basis of these materials only unless the neutral (Mediator/Arbitrator) decides otherwise.

14.4 At any time during the proceedings the neutral (Mediator/Arbitrator) may request or allow the parties (upon such terms as to costs and otherwise as the neutral (Mediator/Arbitrator) shall determine) to provide additional information, produce documents, exhibits or other evidence within such period of time as the neutral (Mediator/Arbitrator) shall determine.

14.5 The neutral (Mediator/Arbitrator) shall have the power to rule on his or her own jurisdiction, including any objections with respect to the existence or validity of any agreement to refer the dispute to JUPITICE ODR platform. For that purpose, the dispute resolution clause that forms part of a contract shall be treated as an agreement independent of the other terms of the contract. A determination by the neutral (Mediator/Arbitrator) that the contract is null shall not automatically entail the invalidity of the dispute resolution clause.

14.6 The neutral (Mediator/Arbitrator), after making such inquiries as he or she may deem necessary, may, in his or her discretion, extend any deadlines under these Rules.

The JUPITICE ADMINISTRATOR, or, the relevant, NEUTRAL (Mediator/Arbitrator), shall notify parties of all relevant deadlines during the course of proceedings.

The JUPITICE ODR platform shall be specified in the dispute resolution clause or subject to the agreement by the parties.

The JUPITICE ODR proceedings shall take place in the language of the agreement to submit disputes to ODR under the Rule or in the absence of such agreement; the JUPITICE shall determine the language or languages to be used in the proceedings. In the event that a party indicates in a Request or response that it wishes to proceed in another language, the JUPITICE shall identify available languages that the parties can select for the proceedings, and the JUPITICE ODR proceedings shall be conducted in the language or languages that the parties select.

A party may be represented or assisted by a person or persons chosen by that party. The names and designated electronic addresses of such persons and the authority to act must be communicated to the other party by the JUPITICE.

Save for intentional wrongdoing, the parties waive, to the fullest extent permitted under the applicable law, any claim against the JUPITICE and neutral (Mediator/Arbitrator) based on any act or omission in connection with the JUPITICE ODR proceedings under the Rules.

The costs of the arbitration shall in principle be borne by the unsuccessful party or parties. However, the JUPITICE /Arbitrator may apportion each of such costs between the parties in the award if it determines that apportionment is reasonable, taking into account the circumstances of the case.

The term 'costs' includes:

1. The fees of JUPITICE ODR platform and the neutrals (Mediator/Arbitrator) fixed by the JUPITICE as set forth;
2. The reasonable costs of expert advice and of other assistance required by the neutral (Arbitrator) during the Arbitration Stage;
3. Legal and other costs incurred by the parties during the Arbitration Stage; and
4. Any other fees and expenses of the JUPITICE ODR platform.