Webinar on “INCORPORATION OF A PROPER AND EFFECTIVE DISPUTE RESOLUTION CLAUSE IN EVERY BUSINESS AGREEMENT” will be held on the 10th December 2020 from 4 P.M. to 5.00 P.M. Shri Moksha Kalyanram Abhiramula, Hon. Adviser on Company Law Matters & Intellectual Property Rights at ACC will be the speaker.

1. Moksha Kalyanram Abhiramula
Incorporation of a Proper &
Effective Dispute Resolution
Clause In Every Business
Agreement

2. Why do we
need a business
agreement?
TO ascertaining rights
TO enumerate responsibilities
TO understand LOIs
TO have clear exit options

3. Key areas of
Business
Agreement
Parties obligations01
02
03 Dispute Resolution
LOI- Inclusivity & Exclusivity

4. Of business entities spend
time on effective preparation
of business agreement with
due reference to Line of
Interests, Exclusive issues,
Dispute Resolution
38%

5. Parties
obligations
Product or
service
AS AGREED
Consideration
VALUE AGREED FOR
Deadlines
DELIVERY
DEADLINES

6. Business Agreement Outline
1 Parties details
Both the parties name,
address, mobile, email.
3 Obligations
Comprehensive list of
obigations of each party.
2 Subject Matter
The primary and allied
activities
4 Consideration
Financial consideration
and payment terms.

7. Business Agreement Outline
5 Risks & Cost
Inherent risk and cost
sharing details
7 Applicable Laws
Specific inclusions or
exclusions
6 Termination
by notice
by event
8 Dispute
Resolution
Mode and process of
dispute resolution

8. 1
Parties details
Business Name
Address
Represented by
Designation
Identity details
Mobile number
EMail

9. 2
Subject Matter
Complete description of business
activities covered under the
agreement.
Primary activities
Secondary activities

10. Explicit distribution of scope of
work among the parties.
Infrastructure earmarking and
utilization
Shared resources and allocations.
Timeline and deliveries
3. Obligations

11. Total Agreement Value
Payment structure
Penalty for default
Applicable Taxes
4. Consideration

12. Contingencies
Legislative changes
Warranties
Unexpected liabilities
Force Majeure
5. Risks & Cost

13. Mutual Consent
Default clause
Damages clause
Settlement issues
6. Termination

14. DIFFERENCE
OF OPINION
DISPUTEDISPUTEDISPUTE

15. Nature of
Dispute
Commercial
B
U
S I
N
E
S
S
T
R
A
N
S
A
C
T I
O
N

16. What are the
Types of Dispute
Resolution?
Mediation
Conciliation
Arbitration
02

17. Mediation
An interactive process
where an impartial third
party assists disputing
parties to resolve the
conflict.

18. Conciliation
A dispute resolution
process wherein the parties
seek to reach an amicable
dispute settlement with the
help of Conciliator.

19. Arbitration
A procedure in which a
dispute is submitted, by
agreement of the parties, to
one or more arbitrators
who make a binding
decision on the dispute.

20. Effective Dispute
Resolution Clause
Mediation Conciliation Arbitration

21. Dispute
Redressal
Time frame
Nature of hearings
ADR selection & order01
02
03
06

22. Mandatory contents
Time frame for
each method
Appointment
mode
Language of
proceedings
Process of
hearings &
arguments
Seat Venue

23. Sample - Dispute Resolution clause
The Parties agree that in the event of any disputes or
difference arising between the Parties in connection with
this Agreement, the aggrieved party shall notify the other in
writing the nature of dispute, value involved and breach
committed, if any, along with a request for commencement
of discussion towards amicable solution.

24. Sample - Dispute Resolution clause
The Parties shall attempt to reach an amicable solution by
mutual discussion within thirty days, if no solution is arrived
at on the 30th day, the dispute is taken for mediation or
conciliation.
Any dispute including the adjudication of its validity,
ratification, amendment, termination or breach of condition
or breach of agreement as a whole shall be referred to In
case of failure to resolve disputes amicably, the parties will
resort to mediation or conciliation.

25. Sample - Dispute Resolution clause
The mediator or conciliator shall be appointed by the
written consent of both the parties.
Such mediation or conciliation process shall be heard
& settled within 90 days.
If no settlement is arrived at on the 90th
day, the dispute is taken for arbitration.
All the arguments and hearings in such
process shall be made in English.

26. Sample - Dispute Resolution clause
The arbitral tribunal shall comprise of SOLE Arbitrator.
All the arguments and hearings with respect to the
arbitration proceedings shall be in written and in English
language only.
The seat and the venue of arbitration shall be in
Hyderabad.

27. Contact Us
9948 66 66 22
www.lamintage.com
lamintage@gmail.com