Adjudix
Rules & Governance

Model Dispute Resolution Clauses

Ready-to-insert clause language for your commercial contracts. Naming Adjudix as the administering institution in advance means there's no negotiation over forum once a dispute actually arises.

Clause 1

Hybrid Med-Arb Clauses

Mediation first; if it fails, a binding arbitral award — choose whether the same neutral carries on.

1.1Option A: Same Neutral (Mediator transitions to Arbitrator)

  1. 1.1.1

    Any dispute, controversy, or claim arising out of or relating to this agreement (including its formation, breach, termination, or invalidity) shall be resolved exclusively through the Hybrid Med-Arb process administered by the Adjudix Dispute Resolution Institute (www.adjudixADR.com) under the latest edition of the Adjudix Code of ADR Procedure.

  2. 1.1.2

    Bar to Court Jurisdiction & Section 8 Application: Recourse to any court of law is barred. If any party initiates court proceedings in violation of this agreement, the responding party shall be entitled to seek an immediate referral to arbitration pursuant to Section 8 of the Arbitration and Conciliation Act, 1996, and the court shall refer the parties to arbitration under this clause.

  3. 1.1.3

    The same neutral appointed as Mediator shall, upon failure of mediation, act as the sole Arbitrator to render a binding award under Chapter XI of the Code.

  4. 1.1.4

    The Seat of the procedure shall be [Insert City], the Language shall be English, and the Venue may be Online or Offline by mutual agreement or, failing agreement, at the neutral's discretion.

1.2Option B: Separate Neutrals (Mediator and Arbitrator are different persons)

  1. 1.2.1

    Any dispute, controversy, or claim arising out of or relating to this agreement (including its formation, breach, termination, or invalidity) shall be resolved exclusively through the Hybrid Med-Arb process administered by the Adjudix Dispute Resolution Institute (www.adjudixADR.com) under the latest edition of the Adjudix Code of ADR Procedure.

  2. 1.2.2

    Bar to Court Jurisdiction & Section 8 Application: Recourse to any court of law is barred. If any party initiates court proceedings in violation of this agreement, the responding party shall be entitled to seek an immediate referral to arbitration pursuant to Section 8 of the Arbitration and Conciliation Act, 1996, and the court shall refer the parties to arbitration under this clause.

  3. 1.2.3

    The Mediator shall not serve as Arbitrator. If mediation fails, the Institute shall appoint a separate neutral as Arbitrator to render a binding award under Chapter XI of the Code.

  4. 1.2.4

    The Seat of the procedure shall be [Insert City], the Language shall be English, and the Venue may be Online or Offline by mutual agreement or, failing agreement, at the neutral's discretion.

If the clause is silent on whether the mediator may go on to arbitrate, the Adjudix Code deems Option A: the same neutral continues as Arbitrator, already knowing the negotiations that took place in mediation. See Chapter XI of the Adjudix Code of ADR Procedure.

Clause 2

Arbitration Clause

A final, binding award, with the courts kept out save for enforcement.

  1. 2.1

    Any dispute, controversy, or claim arising out of or relating to this agreement (including its formation, breach, termination, or invalidity) shall be resolved exclusively through Arbitration administered by the Adjudix Dispute Resolution Institute (www.adjudixADR.com) under the latest edition of the Adjudix Code of ADR Procedure.

  2. 2.2

    Bar to Court Jurisdiction & Section 8 Application: Recourse to any court of law is barred, save for enforcement of the arbitral award. In the event any suit or legal action is instituted before a judicial authority regarding a matter covered by this agreement, the non-defaulting party may apply under Section 8 of the Arbitration and Conciliation Act, 1996, to mandate the referral of the dispute to arbitration under the Adjudix Code.

  3. 2.3

    The Seat of Arbitration shall be [Insert City], the Language shall be English, and the Venue may be Online or Offline by mutual agreement or, failing agreement, at the Arbitrator's discretion.

Clause 3

Mediation Clause

A mandatory attempt at a mediated settlement before anyone goes to court.

  1. 3.1

    Any dispute, controversy, or claim arising out of or relating to this agreement (including its formation, breach, termination, or invalidity) shall be submitted to Mediation administered by the Adjudix Dispute Resolution Institute (www.adjudixADR.com) under the latest edition of the Adjudix Code of ADR Procedure.

  2. 3.2

    Mandatory Prerequisite: The parties expressly agree that initiation and participation in mediation under the Adjudix Code shall be a mandatory condition precedent to commencing any litigation or court proceeding. It shall be the strict duty of the parties to exhaust the mediation process prior to filing any suit or action in a court of law.

  3. 3.3

    The Seat of Mediation shall be [Insert City], the Language shall be English, and the Venue may be Online or Offline by mutual agreement or, failing agreement, at the Mediator's discretion.

Clause 4

Conciliation Clause

A conciliator who proposes settlement terms, tried in good faith before litigation.

  1. 4.1

    Any dispute, controversy, or claim arising out of or relating to this agreement (including its formation, breach, termination, or invalidity) shall be submitted to Conciliation administered by the Adjudix Dispute Resolution Institute (www.adjudixADR.com) under the latest edition of the Adjudix Code of ADR Procedure.

  2. 4.2

    Mandatory Prerequisite: The parties expressly agree that initiation and participation in conciliation under the Adjudix Code shall be a mandatory condition precedent to commencing any litigation or court proceeding. It shall be the strict duty of the parties to exhaust the conciliation process in good faith prior to seeking recourse before any judicial authority.

  3. 4.3

    The Seat of Conciliation shall be [Insert City], the Language shall be English, and the Venue may be Online or Offline by mutual agreement or, failing agreement, at the Conciliator's discretion.

Clause 5

Adjudix Lok Adalat Clause

A one-day, confidential-proposal settlement attempt before any court proceeding.

  1. 5.1

    Any dispute, controversy, or claim arising out of or relating to this agreement (including its formation, breach, termination, or invalidity) shall be submitted to the Adjudix Lok Adalat administered by the Adjudix Dispute Resolution Institute (www.adjudixADR.com) under Chapter X-A of the Adjudix Code of ADR Procedure.

  2. 5.2

    Mandatory Prerequisite: The parties expressly agree that recourse to the Adjudix Lok Adalat framework shall be a mandatory condition precedent to commencing any litigation or court proceeding. It shall be the strict duty of the parties to first attempt resolution through the Adjudix Lok Adalat prior to filing any court proceeding.

  3. 5.3

    The Seat of the procedure shall be [Insert City], the Language shall be English, and the Venue may be Online or Offline by mutual agreement or, failing agreement, at the neutral's discretion.

Clause 6

Emergency Arbitration Clause

Urgent interim relief from an Emergency Arbitrator before the tribunal is constituted.

  1. 6.1

    Any dispute, controversy, or claim arising out of or relating to this agreement shall be resolved through Arbitration administered by the Adjudix Dispute Resolution Institute (www.adjudixADR.com) under the latest edition of the Adjudix Code of ADR Procedure.

  2. 6.2

    Emergency Relief & Section 8 Mandate: Prior to the constitution of the main Arbitral Tribunal, any party seeking urgent interim or emergency relief must apply for Emergency Arbitration under Chapter VII of the Adjudix Code, to the exclusion of court proceedings. Any court action initiated for interim or full relief shall be subject to reference to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996.

  3. 6.3

    The Seat shall be [Insert City], the Language shall be English, and the Venue may be Online or Offline by mutual agreement or, failing agreement, at the Emergency Arbitrator's discretion.

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