Early Neutral Evaluation Model Clause

ENE Model Agreement:
Model Early Neutral Evaluation Agreement
Date:
Parties:
Party A:
Party B:
Party C:
Party D:

Address of Parties:
Party A:
Party B:
Party C:
Party D:

Name of Evaluator:
Indian Dispute Resolution Centre (IDRC)
34, Babar Lane, Bengali Market, New Delhi,110001.

Details of Dispute: (Here set out details of the contract(s) or other legal relationship(s) and brief details of the dispute(s) to be resolved by Early Neutral Evaluation.)

Terms and Conditions:

1.Appointment of Evaluator
IDRC has appointed the Evaluator to provide a non-binding recommendation on the Dispute.

2.Purpose of Early Neutral Evaluation
Unless the Parties subsequently agree otherwise, this Early Neutral Evaluation leads to a non-binding Recommendation ("the Recommendation") being issued by the Evaluator.

3.Confidentiality
The Early Neutral Evaluation process is private and confidential. The Parties, the Evaluator and IDRC will keep the matter entirely confidential except as is required by law.

4.Independence
The Evaluator and IDRC are independent of the Parties, neutral and impartial, and do not act as advisers to the Parties.

5.Conduct of Early Neutral Evaluation
The Evaluator will conduct the Early Neutral Evaluation in accordance with procedural directions, which the Evaluator will seek to agree with the Parties. If they cannot be agreed, the Evaluator’s directions will prevail.

5. Mediation Option
At any time before the issue of the Evaluator’s Recommendation the Parties may agree to refer the Dispute to mediation, in accordance with IDRC’s Mediation Rules. In that case each of the Parties notifies the Evaluator and IDRC, and the Early Neutral Evaluation is suspended. If the Dispute is settled by mediation, the Early Neutral Evaluation comes to an end and the Parties settle the fees and expenses of the Evaluator and of IDRC. If the Dispute is not settled by mediation, the Early Neutral Evaluation resumes.

6. Reasons in the Recommendation
The Recommendation of the Evaluator [shall/shall not] include reasons.

7. Fees and Expenses
Unless the Parties agree otherwise, the fees and expenses of the Early Neutral Evaluation will be borne by the parties in equal shares. The fees and expenses will be estimated by IDRC and paid to IDRC as a condition precedent for the Early Neutral Evaluation to start. The Evaluator will be paid fees and expenses. Interim bills may be raised by IDRC to cover the Evaluator’s fees at the Evaluator’s option. A final account of the fees and expenses will be sent to the parties by IDRC when the Recommendation is ready for issue to the Parties and the Recommendation will be released on payment by the Parties of any further amounts due. IDRC will reimburse the Evaluator. If the Parties agree not to proceed with Early Neutral Evaluation, IDRC will refund a proportionate amount of the fees and expenses advanced, depending on the amount of work done by the Evaluator and IDRC.

8. No Liability
The Parties expressly acknowledge that neither the Evaluator nor IDRC shall be liable to the Parties for any act or omission whatsoever in connection with this Early Neutral Evaluation.

9. Role of IDRC
IDRC appoints the Evaluator. The Evaluator is responsible for the procedure from then on. IDRC may be consulted by any of the Parties to this Agreement in case of difficulty. Should the Evaluator be unable to complete the task, IDRC will appoint a substitute Evaluator within a reasonable time.

After the Recommendation
None of the Parties will call the Evaluator or IDRC (or any employee, consultant, officer or representative of IDRC) as a witness, consultant or arbitrator in any litigation or arbitration in relation to the Dispute and the Evaluator and IDRC will not act voluntarily in any such capacity without the written agreement of all the Parties.

Law and Jurisdiction
This Agreement shall be governed by Indian law and under the jurisdiction of the Indian courts. All the Parties to this Agreement agree to refer any dispute arising in connection with it to mediation first.

Signature of Parties

Signature of Evaluator

Signature of IDRC Official