If you desire to resolve your dispute using Arbitalk's platform, you agree to be bound by its Dispute Resolution Rules ("Rules"). The Rules are designed to help you take maximum advantage of Arbitalk's online dispute resolution ("ODR") system and prevent needless litigation, safeguard yourself from adversities of disputes, and resolve them quickly, economically, effectively, and efficiently. Section 1 deals with preliminary aspects such as definitions, scope, modalities pertaining to communication, party obligations in respect of platform use, and data. Section 2 covers rules for arbitration proceedings on Arbitalk's ODR platform. Section 3 encapsulates rules for mediation/conciliation proceedings on Arbitalk's ODR platform. Note: If a dispute is referred for resolution to Arbitalk by a court, statutory authority, or governing body, 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 the request is made to Arbitalk.
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 Arbitalk 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. While Section 1 deals with preliminary aspects such as definitions, scope, modalities pertaining to communication, and arbitrators' and mediators'/conciliators' obligations in respect of platform use, Section 2 and 3 govern the code of conduct and disclosure rules for arbitrators and mediators/conciliators empanelled with Arbitalk, respectively. Click here to access the governing documents for resolving disputes on Arbitalk's ODR platform.
Model fee per dispute for arbitration administered by Arbitalk on its ODR platform is as under :
| Amount in Dispute* (INR) | Consolidated Fee (INR) |
|---|---|
| Up to 1,00,000 | 4,500 |
| 1,00,001 to 5,00,000 | 18,000 |
| 5,00,001 to 25,00,000 | 18,000 + 3% of claim amount over 5,00,000 |
| 25,00,001 to 50,00,000 | 72,000 + 2% of claim amount over 25,00,000 |
| 50,00,001 to 1,00,00,000 | 1,17,000 + 1% of claim amount over 50,00,000 |
| 1,00,00,001 to 5,00,00,000 | 1,62,000 + 0.75% of claim amount over 1,00,00,000 |
| 5,00,00,001 to 10,00,00,000 | 4,32,000 + 0.60% of claim amount over 5,00,00,000 |
| 10,00,00,001 to 20,00,00,000 | 7,02,000 + 0.50% of claim amount over 10,00,00,000 |
| Above 20,00,00,000 | For claim amounts over Rs. 20,00,00,000, kindly reach out to us at info@arbitalk.com. In no case shall the fees exceed INR 30,00,000. |
For claim amounts over Rs. 20,00,00,000, kindly reach out to us at info@arbitalk.com. In no case shall the fees exceed INR 30,00,000.
Model fee for cross-border disputes administered by Arbitalk on its ODR platform is as under :
| Amount in Dispute* (USD) | Consolidated Fee (USD) |
|---|---|
| Up to $5,000 | $450 |
| $5,001 to $10,000 | $675 |
| $10,001 to $25,000 | $1,350 |
| $25,001 to $50,000 | $2,700 + 3% of claim amount over $25,001 |
| $50,001 to $100,000 | $6,750 + 2% of claim amount over $50,001 |
| Above $100,000 | For claim amounts over $100,000, kindly reach out to us at info@arbitalk.com. |
For claim amounts over $100,000, kindly reach out to us at info@arbitalk.com.
(a) Amount in Dispute refers to aggregate of amount of claim and counterclaim.
(b) In the event of non-payment of fees by the Claimant within the prescribed timeline, the arbitration proceedings may be suspended. In the event of non-payment of fees by the Respondent(s), the Claimant may elect to make payment of the Respondent's share of fees within the prescribed timeline, failing which, the arbitration proceedings may be suspended.
(c) Similarly, in the event of a counterclaim, in the event of non-payment of fees by the Counter-Claimant within the prescribed timeline, the counterclaim may not be registered. In the event of non-payment of fees by the Counter-Respondent, the Counter-Claimant may elect to make payment of the Counter-Respondent's share of fees within the prescribed timeline, failing which, the counterclaim may not be registered. Further, in the event of a counterclaim, upon non-receipt of fees in full, the fees for the claim and counterclaim may be assessed separately and requisitioned accordingly.
(d) In case the Amount in Dispute is not determinable in monetary terms, the kindly reach out to us at info@arbitalk.com.
Model fee per dispute for mediation / conciliation administered by Arbitalk on its ODR platform is as under:
Case Filing Charge β Rs. 3,000;
Administration cost β Rs. 4,500 Upto 1 lakh Or upto 2%;
Per session β Rs. 2,000;
Mediator / Conciliator fee β As agreed between the mediator / conciliator and the parties.
Model fee per dispute for international mediation / conciliation administered by Arbitalk on its ODR platform is as under:
Registration fee β $125;
Administrative fee per session β $175;
Mediator / Conciliator fee β As agreed between the mediator / conciliator and the parties.
(a) The aforesaid fees are non-refundable and exclusive of applicable taxes.
(b) The fees are payable irrespective of the outcome of the dispute, promptly upon receipt of a payment requisition by Arbitalk.
(c) Stamp duty, statutory charges, out-of-pocket expenses, if any, shall be reimbursed to Arbitalk in accordance with the fee imposed by law or on actual basis, as the case may be.
(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 .
Under this project, Arbitalk extends its services free of cost to persons from low-income groups. Based on the eligibility and facts of the dispute, applications will be screened, and eligible parties will be notified.
With this project, Arbitalk aims to achieve the objective of making dispute resolution accessible to persons with disabilities. Communications sent via the platform will provide an option to solicit an Indian Sign Language interpreter to help people with hearing disabilities understand and communicate.
Arbitalk is not a law firm and does not provide legal advice. The use of Arbitalk's services is not a substitute for legal counsel. For legal matters, please consult a qualified legal practitioner.
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