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Education · Agreements

Model ODR clauses for lending contracts

Clauses shape seat, tribunal constitution, escalation tiers, confidentiality, interim relief interplay, electronic service of process, and appellate routes — BharatNyay’s clause workshop piggybacks on patterns seen in arbitration institutions worldwide.

Checklist

Counsel-led drafting bullets

Use this checklist when tailoring ODR clauses for lending and enterprise contracts.

01

Jurisdiction layering

Expressly carve SARFAESI / DRT paths where statute mandates.

02

Cool-off ladder

Minimum days between notice, mediator assignment, arbitrator challenge window.

03

Electronic records

Admissibility of BharatNyay exports as business records.

04

Emergency arbitrator

Opt-in/opt-out aligning with Arbitration Act timelines.

05

Language & seat

Pick Indian seat unless regulatory ring-fencing forbids offshore seats.

Sample

Illustrative snippet

Must be bespoke — adapt numbers, tribunal rules, court references, stamping duties, and taxation of costs with issuer legal guidance.

Sample clause (illustrative only)
“Any dispute arising from this Facility Letter shall first be submitted to BharatNyay’s guided negotiation and mediation tiers for not less than [●] calendar days.
If unresolved, the matter shall be finally settled by arbitration in [Seat], in [Language], administered in accordance with the Arbitration &
Conciliation Act, 1996 and [Institutional Rules].
The tribunal may conduct hearings electronically; parties waive objections to authenticity solely on digital modality where integrity controls are evidenced.”

Pair clause design with platform features and procedural rules.

Procedural rules → Book clause workshop