ODR Portal uses different clauses for different purposes. Choose the most relevant one for your Agreement/Contract and dispute resolution. These clauses are as follows:
(1) For Cyber Arbitration Or Online Arbitration: An Arbitration is a legally binding process that has to be complied with by the parties to the dispute. Award or decision of an Arbitrator is enforceable in a court of law and this gives it great value. A majority of proceedings under the ODR Portal are “Cyber Arbitration” or Online Dispute Resolution (ODR) using Arbitration. So a clause appointing an Arbitrator or ODR Expert of ODR Portal must be either per-incorporated in an Agreement/Contract or the parties to the dispute unanimously agree to appoint one of the experts of ODR Portal as an Arbitrator where the Agreement/Contract is silent or there is no Agreement/contract.
(a) Where An Agreement Exists: This is the clause that can be used in all Agreements/Contracts of the parties who wish to use the Techno Legal Services of ODR Portal:
“Parties to the Agreement hereby agree unconditionally that in case of any dispute between them, the same shall be resolved using the Cyber Arbitration/Online Arbitration available at the ODR Portal of Perry4Law Organisation (P4LO) at https://odrindia.in/odr/, as per its terms and conditions. The decision of the ODR Expert/Cyber Arbitrator/Online Arbitrator shall be final and binding upon the parties to the Agreement and their successors and heirs”
(b) Where No Agreement Exists: This is the clause that can be used in all disputes between the parties who wish to use the Techno Legal Services of ODR Portal where there is no per-existing Agreement/Contract containing the ODR Clause:
“Parties to the dispute hereby agree unconditionally to resolve the dispute in question using the Cyber Arbitration/Online Arbitration available at the ODR Portal of Perry4Law Organisation (P4LO) at https://odrindia.in/odr/, as per its terms and conditions. The decision of the ODR Expert/Cyber Arbitrator/Online Arbitrator shall be final and binding upon the parties to the Agreement and their successors and heirs”
(2) For Cyber Mediation Or Online Mediation: If the parties to the dispute are not using Arbitration proceedings, they can still use Mediation/Conciliation proceedings of ODR Portal. A mediation normally cannot be enforced in a court of law but due weightage is given to it by courts while reaching at a judgment.
A major advantage of a Mediation is that it is not dependent upon a per-existing ODR Clause to be initiated. It can be initiated on the spot and without an ODR Clause. Also, Mediation can be invoked by a single party to the dispute whereby the other party is invited to resolve the matter using Cyber Mediation or Online Mediation. A Mediation can be converted into an Arbitration if both parties agree to the same in writing subsequent to the initiation of Mediation proceedings. Once it becomes an Arbitration, all procedure and features of Arbitration becomes applicable.
Any party to the dispute can approach the ODR Portal of P4LO using any modes of communication and we would initiate the Mediation proceedings once all requirements are met. The other party would be informed and invited to the Mediation/Arbitration proceedings of ODR Portal.
(3) For Online Grievances And Online Dispute Resolution: This is an upcoming field where stakeholders are facing an increased number of Grievances and Deficiency in Services by the Goods and Service Providers. As per Indian law and laws of other countries, appointment of Nodal/Grievance Officers has become mandatory. These officers may be in banks, social media companies, govt departments, private companies, etc and ODR Portal helps stakeholders to resolve their grievances and disputes using ODR.
For instance, if someone has hacked your bank account or stolen money from your account, ODR Portal can help you in recovering the same as soon as possible. You have to approach us immediately after the theft/crime so that your money can be returned to full extent.
If any e-commerce company or website has failed to deliver your goods as per the specifications or is refusing to refund you your money, ODR Portal can help you in recovering the same.
If you have faced a cyber crime, ODR Portal can not only register the same at its portal but also investigate and coordinate with the law enforcement agencies. It can also help you in registering the complaint/FIR at the cyber crime cells in India.
ODR Portal can help you in almost all situations and you can see a list of the areas where we can help you at the drop down menu available at https://www.odrindia.in/odr/