ODR Rules shall apply to a wide range of disputes which includes but not limited to interpersonal disputes including consumer to consumer disputes (C2C), marital separation, interstate conflicts, property disputes, e-commerce transaction disputes, business to consumer (B2C) disputes, business-to-business disputes (B2B), and also dispute arising out of cross-border where the parties agreed that disputes relating to that transaction shall be resolved under these Rules, so long as the dispute falls within the scope of the Rules.

These Rules shall govern the ODR proceedings subject to such modifications as the parties may agree. Where any of these rules are in conflict with any provision(s) of the law applicable to the proceedings that provision of the applicable law shall prevail.

Unless the parties otherwise agree, the law applicable to all the proceedings under these Rules shall be the laws of India. For the avoidance of doubt this includes the law applicable to the parties agreement to resolve any dispute between them under the ODR Rules and the law applicable to the procedure of the dispute resolution proceedings under these Rules.

For purposes of these Rules:

• ODR or Online Dispute Resolution is a mechanism for resolving disputes through the use of electronic communications and other information and communication technology.
• UTKAL ODRplatform means a system for generating, sending, and receiving, storing, exchanging or otherwise processing communications under these Rules.
• Claimant means any party initiating ODR proceedings under the Rules.
• Respondent means any party to whom the notice is directed.
• Communication means any communication (including a statement, declaration, demand, notice, Response, submission, notification or request) made by means of information generated, sent, received or stored by electronic, magnetic, optical or similar means through UTKAL ODRplatform.
• Electronic address means an information system, or portion thereof, designated by the parties to the online dispute resolution process to exchange communications related to that process.

The principles that underpin ODR process include fairness, transparency, due process and accountability.

ODR platform may assist in addressing a situation arising in interpersonal disputes including consumer to consumer disputes (C2C), marital separation, interstate conflicts, property disputes, e-commerce transaction disputes, business to consumer (B2C) disputes, business-to-business disputes (B2B), and also dispute arising out of cross-border disputes etc.

ODR platform ought to be simple, fast and efficient, in order to be able to be used in a "real world setting", including that it should not impose costs, delays and burdens that are disproportionate to the economic value at stake.

ODR platform maintains the relationship between the UTKAL ODR administrator and a particular disputing party, so that users of the service are informed of potential conflicts of interest. UTKAL ODR administrator maintains the data or statistics on outcomes in UTKAL ODR processes, in order to enable parties to assess its overall record, consistent with applicable principles of confidentiality.

All communications in the course of ODR proceedings shall be communicated to the parties through UTKAL ODR platform.

• A communication shall be deemed to have been received when, following communication to the Parties in accordance with article 4.1, UTKAL ODR notifies the parties of its availability, in accordance with paragraph 4.4.
• UTKAL ODR shall acknowledge receipt of any communications by a party or the neutral at their electronic addresses.
• UTKAL ODR shall promptly notify a party or the neutral of the availability of any communication directed to that party or the neutral at the UTKAL ODR platform.
• UTKAL ODR shall promptly notify all parties and the neutral of the conclusion of the negotiation stage of proceedings and the commencement of the mediation stage of proceedings; the expiry of the mediation stage of proceedings; and, if relevant, the commencement of the arbitration stage of proceedings.

The claimant shall communicate to the ADMINISTRATOR, a Request/Notice for ODR proceedings in accordance with Article 5.4. The Request/Notice should, as far as possible, be accompanied by all documents and other evidence relied upon by the claimant or contains references to them.

The UTKAL ODR ADMINISTRATOR shall promptly notify the respondent that the Request/Notice for ODR proceedings is received at the UTKAL ODR Platform.

• The name and designated electronic address of the claimant and of the claimant's representative (if any) authorized to act for the claimant in the ODR proceedings
• The name and electronic address of the respondent and of the respondent's representative (if any) known to the claimant
• The grounds on which the claim is made
• Any solutions proposed to resolve the dispute
• The claimant's preferred language of proceedings
• The signature or other means of identification and authentication of the Claimant and/or the Claimant's representative
• Identification of the agreement invoked

The respondent shall communicate to the UTKAL ODR ADMINISTRATOR, a response to the Request/Notice in accordance with article 6.2 within seven (7) calendar days of being notified of the availability of the Request/Notice on the UTKAL ODRplatform. The response should, as far as possible, be accompanied by all documents and other evidence relied upon by the respondent or contains references to them.

• The name and designated electronic address of the respondent and the respondent's representative (if any) authorized to act for them respondent in the ODR proceedings
• A response to the grounds on which the claim is made
• Any solutions proposed to resolve the dispute
• The signature or other means of identification and authentication of the respondent and/or the Respondent's representative
• Statement of any counterclaim containing the grounds on which the counterclaim is made

The first stage of proceedings a technology enabled negotiation commences, in which the claimant and respondent negotiate directly with one another through the UTKAL ODR platform.

Timeline: If the parties have not settled their dispute by negotiation within ten (10) calendar days of submission of the commencement of the negotiation stage of proceedings, the mediation stage of UTKAL ODR proceedings shall immediately commence.

The parties may agree to a one-time extension of the deadline for reaching settlement. However, no such extension shall be for more than ten (10) calendar days.

If the negotiation process fails (i.e. does not result in a settlement of the claim), the process may move to a second, "Mediation" stage. Upon commencement of the mediation stage of UTKAL ODR proceedings, the UTKAL ODR ADMINISTRATOR shall promptly appoint a mediator in accordance with Article 12 and shall notify the disputing parties:

• Of that appointment in accordance with Article 11
• Of the deadline for the expiry of the mediation stage

Following appointment, the mediator shall communicate with the parties through UTKAL ODR platform to attempt to reach a settlement agreement.

At the expiry of the mediation stage, the Mediator shall proceed to communicate a date to the disputing parties for any final communications to be made. Such date shall be not later than ten (10) calendar days from the expiry of the Mediation stage.

Upon commencement of the Arbitration stage of UTKAL ODRproceedings, the UTKAL ODR ADMINISTRATOR shall promptly appoint an Arbitrator in accordance with Article 12, if parties agreed for the arbitration proceedings.

• Each party shall have the burden of proving the facts relied on to support its claim or defense.
• The Arbitrator shall evaluate the dispute based on the information submitted by the parties and shall render an award.
• The UTKAL ODR ADMINISTRATOR shall communicate the award to the parties and the award shall be recorded on the UTKAL ODRplatform for future preference.

• The award shall be made in writing and signed by the Arbitrator and shall indicate the date on which it was made and the place or mode of arbitration.
• The award shall state brief grounds upon which it is based.
• The award shall be rendered promptly, preferably within ten (10) calendar days from a specified point in proceedings.

Within five (5) calendar days after the receipt of the award, a party, with notice to the other party, may request the Arbitrator to correct in the award any error in computation, any clerical or typographical error, or any error or omission of a similar nature.

If the Arbitrator considers that the request is justified, he or she shall make the correction including a brief statement of reasons within two (2) calendar days of receipt of the request. Such corrections shall be submitted to the UTKAL ODR platform and shall form part of the award.

The Arbitrator may make such corrections on its own initiative.

If settlement is reached at any stage of the UTKAL ODR proceedings, the terms of such settlement shall be submitted to the UTKAL ODR platform, at which point, the UTKAL ODR proceedings will automatically terminate.

UTKAL ADMINISTRATOR shall appoint the neutral (Mediator/Arbitrator) promptly following commencement of the mediation and Arbitration stage of proceedings. Upon appointment of the neutral (Mediator/Arbitrator), the UTKAL ODR shall promptly notify the parties of the name of the neutral (Mediator/Arbitrator) and any other relevant or identifying information in relation to that neutral (Mediator/Arbitrator).

The neutral (Mediator/Arbitrator), by accepting appointment, confirms that he or she can devote the time necessary to conduct the UTKAL ODR proceedings diligently, efficiently and in accordance with the time limits in the Rules.

The neutral (Mediator/Arbitrator) shall, at the time of accepting his or her appointment, declare his or her impartiality and independence. The neutral (Mediator/Arbitrator), from the time of his or her appointment and throughout the UTKAL ODR proceedings, shall without delay, disclose to the UTKAL ODR, any circumstances likely to give rise to justifiable doubts as to his or her impartiality or independence.

If the neutral (Mediator/Arbitrator) resigns or otherwise has to be replaced during the course of UTKAL ODR proceedings, the UTKAL ODR shall appoint a neutral (Mediator/Arbitrator) to replace him or her pursuant to Article 12. The UTKAL ODR proceedings shall resume at the stage where the neutral (Mediator/Arbitrator) that was replaced ceased to perform his or her functions.

Subject to the Rules, the neutral may conduct the UTKAL ODRproceedings in such manner as he or she considers appropriate.

The neutral (Mediator/Arbitrator), in exercising his or her functions under the Rules, shall conduct the UTKAL ODRproceedings so as to avoid unnecessary delay and expense and to provide a fair and efficient process for resolving the dispute. In doing so, the neutral (Mediator/Arbitrator) shall remain at all times wholly independent and impartial and shall treat both parties equally.

• The neutral (Mediator/Arbitrator) shall conduct the UTKAL ODRproceedings on the basis of all communications made during the proceedings.
• At any time during the proceedings, the neutral may request or allow the parties to provide additional information, produce documents, exhibits or other evidence.
• The neutral (Mediator/Arbitrator) shall have the power to rule on his or her own jurisdiction, including any objections with respect to the existence or validity of any agreement to refer the dispute.
• The neutral (Mediator/Arbitrator), after making such inquiries as necessary, may, in his or her discretion, extend any deadlines under these RULES.

The UTKAL ODR ADMINISTRATOR, or, if relevant, NEUTRAL (Mediator/Arbitrator), shall notify parties of all relevant deadlines during the course of proceedings.

The UTKAL ODRplatform shall be specified in the dispute resolution clause or subject to the agreement by the parties.

The UTKAL ODRproceedings shall take place in the language of the agreement to submit disputes to ODR under the Rule or in the absence of such agreement; the UTKAL ODR shall determine the language or languages to be used in the proceedings.

In the event that a party indicates in a Request or response that it wishes to proceed in another language, the UTKAL ODR shall identify available languages that the parties can select for the proceedings, and the UTKAL ODRproceedings shall be conducted in the language or languages that the parties select.

A party may be represented or assisted by a person or persons chosen by that party. The names and designated electronic addresses of such persons and the authority to act must be communicated to the other party by the UTKAL ODR.

Save for intentional wrongdoing, the parties waive, to the fullest extent permitted under the applicable law, any claim against the UTKAL ODR and neutral (Mediator/Arbitrator) based on any act or omission in connection with the UTKAL ODR proceedings under the Rules.

The costs of the arbitration shall in principle be borne by the unsuccessful party or parties. However, the UTKAL ODR /Arbitrator may apportion each of such costs between the parties in the award if it determines that apportionment is reasonable, taking into account the circumstances of the case.

The term 'costs' includes:

• The fees of UTKAL ODR platform and the neutrals (Mediator/Arbitrator) fixed by the UTKAL ODR
• The reasonable costs of expert advice and of other assistance required by the neutral (Arbitrator) during the Arbitration Stage
• Legal and other costs incurred by the parties during the Arbitration Stage
• Any other fees and expenses of the UTKAL ODR platform