A. This Preamble shall form part of the Solvhub Conciliation Rules (the“Solvhub Conciliation Rules” or the “Rules”).
B. In these Rules:
I. References to "Solvehub" are to the Board of Directors of Solvhub- Online Dispute Resolution Institution (the “Solvhub”) or to any other person orbody duly authorised in writing by the Solvhub’s Board of Directors to carry out any function that is to be undertaken under these Rules;
II. The "Solvhub Platform" shall mean a multi-purpose hub for resolving disputes online which uses the on-line dispute resolution software to be adopted and revised by Solvhub from time to time and which may be accessed at www.solvhub.in;
III. "Online Dispute Resolution" or "ODR" means a mechanism for resolving disputes through the use of electronic communications and other information and communication technology;
IV. Transmission through the Solvhub Platform shall include all data input and communications conducted through the Solvhub Platform;
V. Words and expressions importing the masculine gender include the feminine and neutral genders; and
VI. Words and expressions in the singular include the plural and words and expressions in the plural include the singular;
1.1 to promote, encourage and facilitate the resolution of disputes by Conciliation via the Solvhub Platform in a fair, efficient and cost-effective manner; and
1.2 to ensure all online Conciliation communications be kept safe and confidential.
2.1 For the purposes of these Rules, Conciliation is a voluntary, private and structured process comprising one or more sessions in which the Solvhub appointed Conciliator, without adjudicating a dispute or any aspect of it, shall assist the parties to the dispute to do any or all of the following through the Solvhub Platform:
a. identify the issues in dispute;
b. explore and generate options;
b. communicate with one another;
b. reach a settlement regarding the resolution of the whole, or part, of the dispute.
2.2 For the purposes of Rule 2.1, a session is an online meeting between a Conciliator and one or more of the parties to a dispute, and includes any Solvhub Platform activity undertaken in respect of:
a. arranging or preparing for such an online meeting; and
b. following up any matter or issue raised in such an online meeting.
3.1 Where parties with a defined legal relationship, whether contractual or otherwise, have agreed that disputes between them shall be referred to Conciliation conducted on the Solvhub platform and/or under the Solvhub Conciliation Rules, such disputes shall be settled in accordance with these Rules, subject to such modification as the parties may agree and Solvhub may accept.
3.2 These Rules shall govern the Conciliation except that, where any of these Rules is in conflict with a provision of the law applicable to the Conciliation from which the parties cannot derogate, that provision of the law shall prevail.
4.1 Save as otherwise provided in these Rules, a notice, including a notification, communication or proposal, shall be uploaded to and transmitted through the Solvhub Platform.
4.2 In agreeing to make use of the Solvhub Platform, a party has agreed to accept transmission by electronic means through the Solvhub Platform and agreed that such transmission constitutes service of any such notice, communication or proposal.
4.3 A notice transmitted by electronic means through the Solvhub Platform is deemed to have been received on the day it is uploaded to the SOlvhub Platform.
4.4 For the purpose of calculating a period of time under these Rules, such period shall begin to run on the day following the day when a notice is received. If the last day of such period is an official holiday or a non-business day at the residence or place of business of the addressee, the period is extended until the first business day which follows. Official holidays or non – business days occurring during the running of the period of time are included in calculating the period.
5.1 A party to a dispute may request for Conciliation ("Request") by submitting the Request through email to Solvhub for Conciliation. Such Request shall include the following:
a. brief details of the nature of the dispute;
b. the names and contact details of the parties;
c. the amount in dispute (if any);
d. the remedies sought; and
e. a request that the other party agrees to use of the Solvhub Platform for the purpose of Conciliation and related communication.
5.2 Together with the Request, the party or parties filing the Request shall pay the online filing and administrative fees required, unless the parties agree otherwise, on the date the Request is submitted.
5.3 An Invitation to Conciliation notice shall be sent by either the initiating party or Solvhub to the other party(ies) through various modes of communication, briefly identifying the subject of the dispute.
5.4 For the purpose of Rule 5.3:
a. if an address has been designated by a party specifically for this, any Request shall be delivered to that party at that address, and if so delivered shall be deemed to have been received. Delivery by electronic means such as facsimile or email may only be made to an address so designated.
b. in the absence of such designation, a Request is:
I. received if it is physically delivered to the addressee; or
II. deemed to have been received if it is delivered at the place of business, habitual residence or mailing address of the addressee.
c. if, after reasonable efforts, delivery cannot be effected in accordance with Rules 5.4 (a) or (b), a Request is deemed to have been received if it is sent to the addressee’s last known place of business, habitual residence or mailing address by registered letter or any other means that provides a record of delivery or of attempted delivery.
d. a Request shall be deemed to have been received on the day it is delivered in accordance with Rules 5.4 (a), (b) or (c), or attempted to be delivered in accordance with Rule 5.4 (c). A Request transmitted by electronic means is deemed to have been received on the day it is sent, except that a Request so transmitted is only deemed to have been received on the day when it reaches the addressee’s electronic address.
6.1 party or parties who receive a Request from the initiating party shall notify Solvhub of their response to the Request ("Response") within ten (7) days.
6.2 If the other party rejects the invitation, there will be no conciliation proceedings, and the proceedings shall be terminated as per Solvhub Rules;
6.2 If a reply to the invitation to conciliation is not received within thirty days from the date on which the invitation is sent, or within such other period of time as specified in the invitation whichever is later, it may be treated as a rejection of the invitation to conciliate, and the proceedings shall be terminated as per Solvhub Rules;
The appointing authority under the Solvhub Conciliation Rules shall be Solvhub. In exercising its functions under these Rules, Solvhub may require from any party and the Conciliators the information it deems necessary and it shall give the parties and, where appropriate, the Conciliators, an opportunity to present their views in any manner they consider appropriate. All such communications between the parties and Solvhub shall be provided for through the Solvhub Platform or by official email.
8.1 There shall be one Conciliator, unless the parties agree otherwise. The Conciliator shall be appointed by Solvhub under these Rules read with Section 64(2) and 68 of the Arbitration and Conciliation Act, 1996.
8.2 In appointing a Conciliator, Solvhub shall consider the need for the Conciliator to be independent and impartial of the parties.
8.3 The parties shall agree to the appointment of the proposed Conciliator and the proposed Conciliator shall, in accordance with Rule 9 below, confirm that he or she can devote the time necessary to conduct the Conciliation proceedings diligently, efficiently and in accordance with the time limits in these Rules.
8.4 If the Conciliator declines the appointment, a new Conciliator will be appointed by Solvhub.
8.5 The Solvhub may, in appropriate cases, replace the conciliator and may appoint another conciliator.
8A.1 The Solvhub may appoint an individual as a case manager from Solvhub’s panel of case managers. An intimation shall be sent to the parties intimating them about the appointment of Case Manager/s through various modes.
8A.2 Case Manager shall contact the parties through various modes of communication to inform the parties of important dates for submitting their individual or joint brief statement to the conciliator and details of the conciliator.
8A.3 Case Manager will be available to answer queries related to the process provided under Solvhub Rules and for administrative / secretarial assistance (if required) to the parties. Case Manager will also ascertain the correctness and genuineness of submissions made by the parties.
8A.4 Case Manager’s shall capture information of all communication related to the case as per these Rules as an update on the Platform.
8A.5 The Solvhub may, in appropriate cases, replace the case manager and may appoint another case manager.
The Conciliator shall, at the time of accepting his or her appointment, declare his or her acceptance and availability to conduct the Conciliation diligently and efficiently and confirm his or her impartiality and independence. The Conciliator, from the time of his or her appointment and throughout the Conciliation proceedings, shall without delay, disclose to Solvhub, any circumstances likely to give rise to justifiable doubts as to his or her impartiality or independence. Solvhub shall promptly communicate such information to the parties via the Solvhub Platform.
10.1 Either party may object to the Conciliator’s appointment within two (2) calendar days:
a. of the notification of the appointment with giving reasons therefor; or
b. 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 Conciliator, setting out the fact or matter giving rise to such doubts at any time during the Conciliation proceedings.
10.2 If no challenges are made within the period provided in Rule 10.1 above, the appointment will become final.
10.3 Where a party objects to the appointment of a Conciliator, Solvhub shall make a determination within three (3) calendar days, regarding whether a Conciliator shall be replaced.
10.4 Where a party's objection to the appointment of a Conciliator is accepted by Solvhub, that Conciliator shall be automatically disqualified and another appointed in his or her place by Solvhub. Each party shall have a maximum of three (3) challenges to the appointment of a Conciliator throughout the Conciliation process, following which the appointment of a Conciliator by Solvhub will be final.
11.1The Conciliator may conduct the Conciliation in any manner he or she considers appropriate including by ODR using the Solvhub Platform, taking into account the circumstances of the case, the wishes of the parties (if any), and the need for a swift settlement of the dispute. The Conciliator shall seek to maintain fair treatment of the parties at all times.
11.2 The Conciliator shall commence the Conciliation as soon as possible after his appointment and shall use his best endeavors to reach a settlement and conclude the Conciliation within ten (21) days of his or her appointment.
11.3 The conciliator, upon appointment and during conciliation proceedings, may request each party to submit written statements and additional information as deemed appropriate, along with documents, if any, describing the general nature of the dispute and the points at issue. Such statements of the parties shall be uploaded on the Platform in the form of documents or as an update and shall be made available to all parties and the conciliator.
11.4 The conciliator may, at any stage of the conciliation proceedings, make proposals for a settlement of the dispute. Such proposals shall be in writing and may be accompanied by a statement of the reasons therefor.
The parties shall cooperate and give full assistance to the Conciliator throughout the Conciliation process.
Solvhub shall apply the rules of law designated by the parties as applicable to the substance of the dispute. Failing such designation by the parties, Solvhub shall apply the law which it determines to be appropriate.
14.1 Communication with Solvhub shall be in English, unless otherwise agreed by Solvhub.
14.2 Subject to an agreement by the parties, the Conciliator shall promptly after his or her appointment, determine the language or languages to be used in the Conciliation. The Conciliator's decision shall apply to the online Conciliation sessions as well as any further written statements and communications.
14.3 Solvhub may order that any documents and any supplementary documents or exhibits submitted in the course of the Conciliation process, delivered in their original language, shall be accompanied by a translation into the language(s) agreed upon by the parties or determined by the Conciliator.
15.1 A person must not disclose any Conciliation communication except as provided by Rules 15.2 or 15.3.
15.2 2 A person may disclose a Conciliation communication if:
a. disclosure is made with the consent of:
I. each of the parties to the Conciliation;
II. the Conciliator for the Conciliation or, if there is more than one, each of them; and
I. if the Conciliation communication is made by a person other than a party to the Conciliation or a Conciliator, the person who made the communication;
b. the content of the Conciliation communication is information that has already been made available to the public, except for information that is only in the public domain due to an unlawful disclosure;
c. the content of the Conciliation communication is information that is otherwise subject to discovery in civil proceedings or to other similar procedures in which parties are required to disclose documents in their possession, custody or power;
d. there are reasonable grounds to believe that the disclosure is necessary to prevent or minimise the danger of injury to a person or of serious harm to the well-being of a child;
e. the disclosure is made for research, evaluation or educational purposes without revealing, or being likely to reveal, directly or indirectly, the identity of a person to whom the Conciliation communication relates;
f. the disclosure is made for the purpose of seeking legal advice; or
g. the disclosure is made in accordance with a requirement imposed by law.
15.3 A person may disclose a Conciliation communication with leave of a competent court or tribunal:
a. for the purpose of enforcing or challenging a mediated settlement agreement;
b. for the purpose of establishing or disputing an allegation or complaint of professional misconduct made against a Conciliator or any other person who participated in the Conciliation in a professional capacity; or
c. for any other purpose that the court or tribunal considers justifiable in the circumstances of the case.
15.4 A mediated settlement agreement between the parties shall be confidential, except where disclosure is required for the purposes of Rules 15.2 and 15.3 above.
15.5 Solvhub, Conciliators and the parties to proceedings under Solvhub Rules shall comply with all applicable laws in relation to confidentiality, including under section 42A of the Act.
16.1 When it appears to the conciliator that there exist elements of a settlement which may be acceptable to the parties, he shall formulate the terms of a possible settlement and submit them to the parties for their observations. After receiving the observations of the parties, the conciliator may reformulate the terms of a possible settlement in the light of such observations.
16.2 If the parties reach agreement on a settlement of the dispute, they may draw up and sign a written settlement agreement. If requested by the parties, the conciliator may draw up, or assist the parties in drawing up, the settlement agreement.
16.3 When the parties sign the settlement agreement, it shall be final and binding on the parties and persons claiming under them respectively.
16.4 The conciliator shall authenticate and sign the settlement agreement and furnish a copy thereof to each of the parties.
16.5 The conciliator, either on the basis of their own satisfaction or upon confirmation by the Case Manager or any other authorised person, may verify the correctness and genuineness of a settlement agreement submitted by the parties on Platform.
16.6 The settlement agreement shall have the same status and effect as if it is an arbitral award on agreed terms on the substance of the dispute rendered by an arbitral tribunal under section 30 of the Arbitration Act.
17.1 Conciliation which has been commenced pursuant to these Rules shall be terminated upon the uploading of written confirmation of termination by Solvhub to the Solvhub Platform after the occurrence of the following:
a. the signing by the parties of a settlement agreement;
b. the written notification provided to the Conciliator or Solvhub via the Solvhub Platform by any party that either or both parties have decided no longer to pursue the Conciliation;
c. the written notification uploaded by the Conciliator to the parties via the Solvhub Platform, that in the Conciliator’s opinion the Conciliation will not resolve the dispute between the parties; or
17.2 The Conciliator shall promptly notify Solvhub of the signing of a settlement agreement by the parties and shall upload a copy of any such settlement agreement to the Solvhub Platform.
Unless otherwise agreed or provided in these Rules, each party shall bear its own costs, regardless of the outcome of the Conciliation or any subsequent arbitral or judicial proceedings. Any additional costs shall be borne equally by both parties.
The parties shall not initiate, during the conciliation proceedings, any arbitral or judicial proceedings in respect of a dispute that is the subject-matter of the conciliation proceedings except that a party may initiate arbitral or judicial proceedings where, in his opinion, such proceedings are necessary for preserving his rights.
All parties to proceedings under Solvhub Rules hereby jointly and severally exempt Solvhub from any liability arising from the Solvhub administration, conciliators, case managers, vendors, agent, employee under Solvhub Rules or any other law in course of discharge of their duties and rights exercised in good faith and no action shall be initiated against them.