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GUIDELINES
FOR EMPANELMENT OF INSTITUTIONS/CENTRES FOR ADR/ODR SERVICES
APPLICABILITY
i.
These Guidelines shall be applicable to
the States/Union Territories UTs for empaneling the institutions or Centers providing
alternate dispute resolution services for the purpose of references made by
Micro and Small Enterprises Facilitation Councils MSEFCs for conducting online
Conciliation and/or Arbitration services on the MSME ODR Portal under Chapter V
of Micro, Small and Medium Enterprises Development Act, 2006 Act no 27 of 2006 hereinafter
referred to as the Act
ii.
These Guidelines shall apply for the
appointment, termination, and re-appointment in the institutions or Centers providing
alternate dispute resolution services by the States /Uts under the Act. Such
Institutions or Centers shall only provide services through the MSME ODR Portal
of the Ministry of MSME.
iii.
The institutions or Centers empaneled in
accordance with these Guidelines shall maintain a panel of Conciliators or
Mediators or Arbitrators for conducting alternate dispute resolution services on
the MSME ODR Portal as referred by MSEFCs under the Act. Further, a panel of
Conciliators or Mediators or Arbitrators shall be maintained by the empaneled institutions
or Centers as per the suggested norms laid down in these guidelines.
iv.
These Guidelines are only applicable to
the institutions or Centers conducting alternate dispute resolution services on
the MSME ODR Portal of the Ministry of MSME.
NORMS FOR EMPANELMENT OF
INSTITUTIONS OR CENTRES
i.
The States/UTs shall empanel one or more
governments or private institutions or Centers for the purpose of references made
by the Micro and Small Enterprise Facilitation Centers for conducting alternate
dispute resolution services on the MSME ODR Portal, as a service provider. The
States/Uts shall enter into a relevant agreement with such institutions or Centers.
ii.
The States/Uts Shall gather requisite
information from the institutions or Centers desirous of being empaneled for
providing alternate dispute resolution services on the MSME ODR Portal under
these guidelines Such information shall include copies of incorporation documents
or registration certificate, memorandum of association and articles of
association, rules governing Conciliation or Mediation or Arbitration, PAN,
Legal Entity Identifier Number, etc. Changer, if any, to any of this
information may be notified to the concerned States / Uts promptly.
iii.
The States /Uts shall also gather any other
information or credentials from the institutions or Centers deemed relevant to
the empanelment process including: details of Conciliators or Mediators or
Arbitrators empaneled by such institutions or Centers, details of Conciliators
or Mediators or Arbitrators empaneled by such institutions or Centers experienced
in conducting online Conciliation or Mediation or Arbitration, norms for such
empanelment fees costs and charges levied for the conduct of Conciliation or
Mediation or Arbitration, aggregate number of disputes received for resolution,
aggregate number of disputes received for resolution through online Conciliation
or mediation or Arbitration if applicable, aggregate number of disputes
resolved, aggregate number of disputes resolved by means of online Conciliation
or Mediation or Arbitration if applicable, aggregate number of MSME disputes resolved,
aggregate number of MSME disputes resolved by means of online Conciliation or
Mediation or Arbitration if applicable. Such credentials shall be furnished at
the time of empanelment and thereafter on a semi-annual basis. June/December
iv.
The details of Conciliators or Mediators
or Arbitrators required to be furnished shall include.
a. Unique
count of Conciliators or Mediators or Arbitrators in commercial matters along
with the education.
b. Training
and professional qualification, number of years of experience.
c. Pervious
experience in conducting Conciliation or Mediation or Arbitration including experience
in MSME disputes or sectors.
d. Languages
conversant with spoken written readable and
e. Other
demographic details such as age, sex and location .
NORMS
FOR PANEL OF CONCILIATORS/MEDIATORS OR ARBITRATORS
1. The
empaneled institutions or centers shall maintain a panel of Conciliators or
Mediators or Arbitrators, based on the following suggested factors or criteria
A
the applicant shall be a citizen of India
b.
the applicant shall not be less than thirty-three years of age and not more
than seventy years of age
c.
the applicant shall be well versed in the English language reading writing and
speaking and any one or two of the regional languages and the ability to read,
write, and speak required for communication and effective dispute resolution
d
the applicant shall have requisite skills in legal drafting communication and
decision-making skills required for imparting a fair resolution of a dispute.
E
the applicant shall have knowledge of the functioning of the MSME sector and
the laws applicable to the same
F
Professional Experience
1- Legal
Services certified professionals handling Conciliation or mediation or
Arbitration independently for a minimum period of ten 10 years with a legal
background and or
2- Judges
Retired Judges of the Hon’ble Supreme Court, the High Courts, or the District
Courts.
3- Advocates enrolled with respective Bar Association and
having a minimum of ten years of experience in litigation or Conciliation or
Mediation or Arbitration and having knowledge of commercial and Arbitration
laws.
4- Executives
Company Secretaries or Senior Legal and Commercial executives of the Government
Retd or Public Sector Undertaking PSU Retd, or private organizations with at
least an experience of fifteen years of legal knowledge.
5- Industrial
experts any industry or industrial establishment personnel of a post higher
than a Company Director or a person of similar or of a higher post with
experience of at least ten years in the specialized area of domestic and
international business and contracts along with legal experience in handling Arbitration
matters.
6- Eminent
persons having specialized knowledge, skill, diligence, qualification expertise
and experience to ten years in handling MSME disputes
