Arbitration act provides for a fast-track procedure, wherein, the arbitrator decides the cases on the basis of written pleadings and submissions from the parties. Thereafter, he can call for further information, if necessary.
Finally, an oral hearing may be held, only if the parties make a request, or if the arbitrator considers the same necessary. Thereafter, the case is closed for passing of the arbitral award or judgement. The entire procedure must be completed in a time-bound period of six months.
This dispute resolution and arbitration agreement shall apply if you (i) reside in India or (ii) do not reside in India, but bring any claim against us in India.
All disputes, which have not been successfully resolved through other amicable methods (as listed herein below) within 15 days of the first escalation, arising in and out of any agreement, having a valid arbitration clause will be subject to arbitration.
Amicable method of resolution in case of dispute between LuXia and owner.
Amicable method of resolution in case of dispute between owner and tenant.
Settlement discussions (recorded by way of emails or telephonic conversations). Through customer service requests or amicable method of resolution in case of dispute between LuXia and third party.
Settlement discussions (recorded by way of emails or telephonic conversations) If prior dispute resolution efforts (as mentioned above) have not been successful, an aggrieved party to an agreement can issue a notice in writing to all other parties of the agreement and inform them of its intention to refer a dispute (“Dispute”) to arbitration (“Notice of Arbitration”)
The procedure enunciated in the table below will be followed with respect to the adjudication of the dispute through arbitration:
Procedure to be followed during Arbitration process
1. Notice of arbitration: In case amicable method of resolution options have already been exhausted and have not been successful, then the aggrieved party can directly provide a notice invoking arbitration.
2. Appointment of arbitrator: The Parties need to mutually appoint the arbitrator within 3 days of receipt of Notice of Arbitration.
In the event that, the Parties fail to appoint the arbitrator mutually within the stipulated time, LuXia shall have the right to appoint the arbitrator
3. Statement of claim: Within 5 days after arbitrator is appointed.
4.Statement of defense and/or counterclaim: 5 days after receiving statement of claim.
5. If statement of defense, then rejoinder to statement of defence.
6. If counter claim is received, then reply to counter claim: 5 days after receiving statement of defense or 5 days after receiving counterclaim.
7. Rejoinder to reply to counter claim, if applicable: 5 days after receiving reply to counterclaim.
8. Evidence: All evidence will be administered through filing of documents along with the relevant pleadings.
9. Passing the award: Within 6 months of reference / appointment of arbitrator.
The arbitral award passed shall be final and binding and in accordance with law and can only be challenged on the grounds available under the arbitration and conciliation Act, 1996 (as amended).
Delivery of notices: Any notice required under the arbitration policy can be served through email or through a physical letter delivered by registered post to the addresses of the recipient registered with LuXia. In case the notice is delivered through email, a delivery receipt will be considered as sufficient proof of the notice being delivered. In case the notice is delivered through registered post, the delivery of the letter to the other Party would be assumed at the earlier of:
•Five (5) days from the date on which the letter is sent
•Date of actual receipt of the letter by the Other Party
In case there is a requirement for any physical hearing during the arbitration process, such hearings as per the directions of the arbitrator.
The cost of arbitration (including all legal costs) will be borne by the losing party. Till the continuation of the proceedings and passing of the award, all the parties will bear their own share of costs and can recover the same, once the award is passed, from the losing party.