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 bullets for counsel-led drafting
- Jurisdiction layering: expressly carve SARFAESI / DRT paths where statute mandates.
- Cool-off ladder: minimum days between notice, mediator assignment, arbitrator challenge window.
- Electronic records: admissibility of BharatNyay exports as business records.
- Emergency arbitrator: opt-in/opt-out aligning with Arbitration Act timelines.
- Language & seat: pick Indian seat unless regulatory ring-fencing forbids offshore seats.
Sample illustrative snippet (must be bespoke)
“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.”
Adapt numbers, tribunal rules, supervisory court references, stamping duties, taxation of costs inline with issuer legal guidance.