GCADR aims to provide major services under the ADR scheme. This organization is a qualified and competent institution which provides services in the field, of conciliation, mediation and arbitration of various conflicts utilizing ADR procedures and is actually filled with supply of technically qualified competent mediator, arbitrator and other trained counselors profusedly equipped with various procedures and useful technical platform providing absolutely professional results. GCADR is presently mounted as www.gcadr.com and is able to be exhibited in several other platforms or subunits as well.
We can be contractual honoring the various principles, setout herein through email to gcadrclt@gmail.com. GCADR is approved trade mark of the organization entitled Grandeur De Legis Pvt.Ltd. Our CIN No. is U69100KL2024PTC090744. The rules and byelaws framed here under is meant to help GCADR qualified and competent professionals to resolve various disputes brought in and is before it. These prime regulations are all within the constitution of Arbitration and Conciliation Act -1996 or any other similar statutes intended to work similarly in the field of alternate dispute’s resolutions as such and also under the further amendments, if any. But additionally we offer a technologically capable portal, such as emails, push notification voice mail, SMS, or other digital and even physical devices so that transparency in follow up actions, and viability relating to any dispute redressal.
The GCADR is comprised of an eminent competent and qualified professional, who are equipped with resolving any problem under ADR in its present form or amended in future. GCADR is also entitled to decline to accept any conflicts which may be out-rightly unentertainable under any statute and GCADR is ultimate authority is fixing the remuneration and declining cases for non-payment. The Bunch of professionals of the GCADR refers able qualified competent and supported by authentic certificate to function as the officials of the GCADR in arbitration, mediation, or conciliation.
The officials of the GCADR are entitled to interpret and act upon this said rules not as a restriction but to canvas a wider and sensible appreciation of regulation with a view to arrive at feasible decisions. The GCADR rules can be modified or alerted or even substituted by the admin team for ensuring better results. The GCADR team can also from time to time issue clarifications or explanations of the applicability of existing rules and the rules up to date will be available to the public in case of necessity. The term office day clarifies that the office shall work doing office hours as fixed by the admin team. They decided the language is mainly English and in exclusive cases other languages can be used in case of necessity and also pragmatically. Payments to the GCADR shall be only through its admin and payment, through the officials are not encouraged or allowed. The admin wing will identify the litigating parties utilizing their private information, based on which the cases are entertained. In case of litigating parties GCADR can refused any case due to practical difficulties and in view of any public policy in such cases that may arise.
Before any case is accepted for conciliation, mediation and arbitration they shall be a preliminary investigation at the instance of the admin team in order to find out the grounds. On coming process would come under the rules of the GCADR referred above, and also whether the particular case is acceptable or not under the norms of the GCADR. The admin team will also ensure whether proper documents are supplied and also whether the prescribed fee is paid and all the relevant documents and information shall be submitted by clients through website of the GCADR; officials of the GCADR shall process the approved case with in two working days which time can be altered by them on proper information to the parties. The appointment of GCADR officials is subject to challenge by the litigants at the proper forum. However any one challenging the appointment of the official shall intimate through online his grounds for such challenge within 15 days. Such appointment is notified subject to section 12 of Arbitration and Conciliation act. A dispute on the appointment of its officials is to be communicated to the contestant within 5 days of this appointment. In case the objection is sustained, new officials can be appointed at the earliest time. This appointment of an official is for a time till his death or his resignation for any reason. A new official can be appointed by the case officer, made under the GCADR rules. In any such case and in case of mediator or arbitrator failed to act on a complainant or are continuously absent the decision of the GCADR will be final and binding.
1. GCADR provides all ADR reliefs through online only principally: In exempted cases if so determined by a GCADR competent and certified ADR professional, by his written order, parties will be physically summoned
2. Before any ADR process is taken up ley the GCADR admin team, they will conduct an online inspection and review of the documents or any electronic messages or any online discussions with the concerned parties through its competent and certified ADR professionals. There after the professional can direct a personal interaction either through digital or video platform and if it is found absolutely necessary the impugned dispute can be talked over directly by way of personal negotiation. Even in such cases the professional can insist upon uploading the concerned issues for an early assessment and all these can reflect in the interaction with the concerned party leading to a final resolution of the dispute.
3. The parties can participate in the matter of the direct negotiation either personally or through and authorised agent. Such letter of authority shall be submitted by the party and should be acceptable to the GCADR professional.
4. The concerned parties, while drawing a settlement, may use their on forms or formats either handwritten or mechanically. However the narrations and citations shall be in line with the principles of the GCADR. Parties can require for or and will be supplied details of mediation of that case. Sample formats of the agreement or settlement as the case may be, also will be made available.
5. Parties may submit arguments documents or any data by themselves or through the witnesses but, the same should be authenticated by parties signature
6. Principal mode of communication between the GCADR and the concerned parties is through electronic media. At the discretion of the GCADR, whatsapp, SMS and even voice message can be used as a media for communication at the discretion of the GCADR.
7. The clients or the concerned parties are fully responsible of the contents of the issues raised before the GCADR, and they alone have responsible and liable of the veracity and truthfulness of the contents so brughtin . GCADR may deploy any method to identify the concerned parties and even the contents of the complaints raised before them.
1. GCADR will periodically review the ADR proceedings and information’s gathered and also the final result of the resolved dispute.
2. GCADR online provides ample clarity of its services and the methods adapted for resolutions of dispute to the parties and also will inform the progress of the procedures and probable line of resolution proposed to be adopted by its qualified professionals to ensure transparency of services provided by GCADR. In case of necessity the GCADR professionals can directly approach the complaining parties and interact with them to find out the truthfulness of the suit and whether any under lined malice or revenge are involved.
3. The qualified and competent GCADR professionals will act or deal with the cases under the cover of standardised parameters of capability, benefit to the party and reasonable resolution of the dispute.
4. GCADR shall store any data provided as a part of the complaint or issue at their discretion. It may also store a permanent record of any such mediation reconciliation.
5. It is the duty of each mediator/conciliator/arbitrator to keep up high standards of integrity and efficiency while dealing with the issues involved and cases brought in before them for redressal. The ADR professionals shall also keep up principle of natural justice also, while solving a dispute.
6. Meeting with the parties are allowed in case of necessity or on request from the parties.
7. The ADR professionals make a proposal for the resolution of any dispute while negotiation or after any discussion but such proposal shall be in writing and communicated on time to the concerned parties involved. This can be done either online or while in personal discussion.
8. The GCADR professional can draft any agreement in concurrence with parties involved, and finalise the same, subject to any changes or modification that the parties may suggest. Such agreements shall be signed by all the parties and the principal GCADR professional who conducted the proceedings. The time limit for arriving at an agreement is presently fixed as 15 days. However time can be extended if so found necessary.
9. At any rate the parties can receive the final agreement original, on payment of applicable fee and other charges.
10. The agreement so arrived shall not be presented in any court of law as a piece of evidence
1. The GCADR utilizes mainly online platform which is capable of uploading, reviewing, and also sharing of data, document required for a solution of dispute.
2. GCADR enables the customers to supply their cases, evidence and present their witnesses through online process. In the matter of arbitration proceedings the GCADR profession can directly interact and gather information about the issues involved. All such information shall be stored online and used at the appropriate time.
3. Arbitration shall be dealt with appropriately and in accordance with prescribed standards of law applicable and also keeping in mind the professional repute that the GCADR expects. As stated even before, prior to taking up arbitration cases the GCADR professionals can insist upon the parties to upload all the required documents and concerned data and our professionals will insist upon a sworn in affidavit affirming the truthfulness of the data or documents so uploaded. If the professionals decipher that data and documents uploaded contains untrue facts, arbitration brief itself can be rejected.
4. The GCADR professionals can also require the concerned parties to actively participate. In case if any digital or video conferences the professionals may also take appropriate step to store any such information or procedures so as to ensure transparency and fool proof resolutions. However GCADR reserves its right to make available all such stored data to the concerned parties.
5. Physical presence of the parties is not a must but can be allowed on the request of the concerned parties. Even then right to reject such presence is vested in the GCADR professionals. GCADR professionals are capable of holding any such meetings using electronic media and physical presence of the parties is allowed in absolutely necessary cases to safe guard the fairness and just procedures in arriving at a resolution. The concerned costs are recoverable form the litigating parties.
6. In case where one of the parties alone is present, the other party being absent the arbitrator can pass an award showing reasons for such decisions, on merits.
7. The reasons as to be recorded and the order of the arbitrator shall be on merits. The arbitrator shall keep a track of dates of posting and also noting the number of times he attempted to contact the parties and also the various modes of communication with the party.
8. The GCADR shall ensure that such arbitration cases shall be taken up within two working dates from the date of his appointment.
9. Before going to the merits of the case the arbitrator has to decide the procedure and the time factor for submitting the arguments decision etc..
10. The arbitration proceedings its processing etc. cannot be allowed to extend more than 45 days from the date of the reference. The GCADR professional shall decide and determine the procedure and time limit for all concerned works dealt with. In any case the arbitration proceedings must be closed within a span of above mentioned, 45 days the GCADR professional can intimate the concerned clients of the time factor and days fixed for the arbitration and hearing dates in advance. The arbitrator is also bound to follow the time frame and also the total time consumed.
11. If any of the contestant parties insist on a counter to be filed, the same can be allowed and the complaint and the counter shall be taken up together.
12. While dealing with the brief as a procedure the counter claims shall be numbered separately. The parties shall pay the requisite fee to the GCADR office in accordance with the schedule framed for the purpose.
13. The rival claims shall be assigned and handled by the same arbitrator and claim, dispute and counter claims shall be taken up simultaneously along with the main case.
14. The arbitrator shall provide amble opportunity to the claimants to present their case, to advance any evidence, to produce documents etc. and examine witnesses on the side of the parties who shall be examined in accordance with law. However no evidence of any sort shall be considered without the knowledge or notice of all the contesting parties. The arbitrator shall record the date of posting, the time taken for hearing on each posting and shall assess the progress of the cases so as to comes an early resolution/award.
15. Witnesses can be examined only and solely at the discretion of the arbitrator. The arbitrator can insist upon chief affidavits of the witnesses prior to their examination.
16. The principles of examining a witness in court shall be applicable to GCADR arbitration proceedings. Witnesses shall upload their proposed statements to the GCADR professionals. Such statements shall be self-attested or accompanied by an undertaking in the prescribed form of the GCADR set up.
17. Before the evidence is recorded within the time prescribed, both by the parties and their witnesses, statements or counter statements shall be filed within the time frame set by the GCADR administration. In case of non-production of self-attested declaration the evidence of witnesses will be rendered non applicable and the party bringing in witness is bound to meet their expenses.
1. In the matter of witness examination the GCADR can frame its own procedures and all the parties and their witnesses are bound to follow the same.
2. The arbitrator is entitled to appoint experts or any local invigilators of their own system to gather evidence and other helpful data relating to arbitration cases or any other connected procedures.
3. The expenses of collecting evidence will be paid by the parties in any manner to the arbitrator.
4. All such commissioners or invigilators are bound to file a report either orally or conveyed through the electronic media which data shall be stored by the GCADR for a better appreciation of dispute in arbitration. The commissioners reports are accessible to the parties and arbitrators are bound to make comments, remarks, objections etc.. on any such reports.
1. Examining the parties and witnesses appearing and giving evidence.
2. Passing an interim order subject to arbitration and conciliation Act.1996
3. Pass any award and also correct clerical error that happened in advertently
4. Serve any interrogatory to the parties in disputes
5. Decide and resolve and pass an award in accordance with law.
6. Act and come to a conclusion according to law.
7. To discover and direct production of any document
8. In appropriate cases award interest on the amounts arrived at by the arbitration in accordance with sec.37 of arbitration and conciliation Act 1996.
9. To treat the arbitration clause as an independent agreement
10. To decide against challenges of jurisdiction issues of arbitrator entertaining the relevant case.
11. To dismiss any arbitration case where such petitions and claims are filed without sufficient cause.
12. To direct the parties to deposit concerned cost in the GCADR account.
13. Matters not provided herein above shall be governed by the Arbitration and Conciliation Act.
1. The arbitrator appointed shall not be bound for any cost or damage even alleging negligence in the matters of cases referred.
2. Arbitration cannot function as a witness in any connected cases of the parties to the referred cases.
3. The GCADR can issue electronic copy of the concerned arbitration procedure and award in appropriate cases on payment of prescribed fee.
1. The GCADR as a whole is responsible for proper storing of data and documents of their cases, on the technology platform GCADR can issue certified copies on payment of fee or cost.
1. It is a direction of the GCADR to retain or return any documents or books procedure before it.
2. In the matters regarding stamp duty, the same will be charged in accordance with concerned statutes.
3. Any party logging in to entertain a complaint in a case may withdraw the same if he so decides.
4. GCADR will return the fee or a proportionate amount at their discretion, in deserving cases. However registration and arbitrations fee are not refundable.
5. At any rate GCADR or its certified professionals shall not be liable for any damages or charges or losses of any nature while processing the issues or arriving at the decisions, since these are exclusive services provided by the GCADR through their competent professionals.
6. GCADR can revise or replace any or all the rules including fee schedules at their discretion at appropriate time.
