A. I agree to abide by the Rules, Regulations and Bylaws of the ODR Institution;
B. I agree to take up and complete the conciliation and / or arbitration cases
assigned to me within the timelines with utmost due diligence and timely manner;
C. All Conciliators and Arbitrators being of equal status, I shall not object to my
appointment as a Conciliator or Arbitrator in a particular case on the basis of my previous status
or that of any appointed conciliator or arbitrator.
D. I agree that inclusion / exclusion from the panel of Conciliators or Arbitrators
is at the discretion of the ODR Institution.
E. I hereby declare that I shall appear before the respective court as a witness or
in any other capacity, at any time and place as directed by the court, from time to time. I shall
comply with court directives regarding their participation in proceedings.
F. I am aware that the ODR Institution shall review my performance based on
timeliness, complaints received against conduct, quality of Awards, No. of cases handled, challenged
and upheld, tenure as Conciliator or Arbitrator with the ODR Institution, No. of hearings held per
case, reason(s) for adjournments, reason for challenging the award, participation in training
programs and any other criteria which may deem fit and prescribed from time to time.
I state that the above given particulars are true and correct.
DECLARATION
I, _____, do hereby declare that:
a) I declare that I meet the 'fit and proper' criteria and confirm as under:
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a) I am a person who has a general reputation and
record of fairness and integrity, including but not limited to
i) financial integrity;
ii) good reputation and character; and
iii) honesty;
b) I am not involved in any act of fraud, dishonesty or
act of moral turpitude;
c) I have not been convicted or charged by any Court of
Law for any offence involving moral turpitude or any economic offence or found guilty of any
offence against the securities laws or any criminal investigation or vigilance enquiry pending
against me;
d) I have not been declared insolvent under the
Insolvency and Bankruptcy Code;
e) I have not been found to be of unsound mind by a
court of competent jurisdiction;
f) I have not been removed previously as a Conciliator
or Arbitrator in circumstances where moral probity or incompetence were an issue.
g) I am financially sound and have not been categorized
as a willful defaulter by any Bank or Financial Institution; and
h) I shall abide by the Code of Conduct defined for
Conciliators and Arbitrators as mentioned below and as may be modified and / or updated from
time to time:
i) I shall act in a fair, unbiased, independent and
objective manner;
ii) I shall maintain the highest standards of
personal integrity, truthfulness, honesty and fortitude in discharge of my duties;
i) I shall disclose my interest or conflict in a
particular case, i.e., whether any party to the proceeding had any dealings with or is related
to me;
j) I shall not engage in acts discreditable to my
responsibilities;
k) I shall avoid any interest or activity which is in
conflict with the conduct of my duties as a Conciliator or Arbitrator;
l) I shall perform my duties in an independent and
objective manner and avoid any activity(ies) that may impair, or may appear to impair, my
independence or objectivity;
m) I shall conduct arbitration proceedings in
compliance with the principles of natural justice and the relevant rules as amended from time to
time;
n) I shall endeavour to pass arbitral award
expeditiously and within the prescribed time;
o) I shall pass detailed, well - reasoned and speaking
arbitral awards;
p) I shall endeavour those adjournments, if any, should
be granted only as an exception rather than a rule after recording the reasons thereof in
writing;
q) I shall ensure that principles of natural justice
are followed;
r) I shall maintain confidentiality w.r.t. proceeding
and its associated recordings and shall not disclose any confidential information unless
required by Court of law or legal authority.
