BazaarNexus strives to resolve any disputes that may arise between the platform and its users, including merchants and customers, in a fair and efficient manner. We encourage amicable resolutions through arbitration and mediation, which are outlined in this article.
1. Purpose of Arbitration and Mediation
At BazaarNexus, we believe in resolving conflicts in a cost-effective, efficient, and mutually respectful manner. We encourage arbitration and mediation as alternative dispute resolution (ADR) methods to avoid lengthy and costly litigation. These methods allow both parties to resolve disagreements with the help of a neutral third party, ensuring fairness and reducing potential delays.
2. Arbitration Process
Arbitration is a legally binding process in which a neutral third party, known as an arbitrator, hears the dispute and makes a decision. The arbitration process is typically faster and more confidential than court litigation. By using arbitration, both BazaarNexus and the user agree to settle disputes without going to court. The following outlines the key steps of the arbitration process:
- Initiation of Arbitration: Either party may initiate arbitration by sending a written notice to the other party. The notice will describe the nature of the dispute and the proposed resolution.
- Selection of Arbitrator: Both parties will mutually agree on an arbitrator or select one through an ADR organization. The arbitrator will have experience in handling disputes similar to the one at hand.
- Arbitration Hearing: A hearing will take place, during which both parties can present evidence and make their case. The arbitrator will then make a final decision.
- Arbitration Award: The arbitrator will issue a decision, known as an award. The award is binding and can be enforced through legal means if necessary.
3. Mediation Process
Mediation is a non-binding process in which a neutral third party, known as a mediator, assists the parties in reaching a mutually agreeable settlement. Mediation is often less formal than arbitration and is aimed at facilitating open dialogue and negotiation between the parties. The following outlines the key steps in the mediation process:
- Initiation of Mediation: Either party may propose mediation by contacting the other party in writing. The mediator will be selected by mutual agreement between both parties.
- Mediation Session: The mediator will organize a session in which both parties can discuss their issues openly and work towards a resolution. The mediator does not have decision-making authority but will facilitate communication.
- Settlement Agreement: If both parties agree to a resolution during mediation, a settlement agreement will be drafted. If no resolution is reached, the dispute may proceed to arbitration or litigation.
4. Jurisdiction and Governing Law
Any disputes that arise and are subject to arbitration or mediation will be governed by the laws of the United Arab Emirates (UAE). The arbitration or mediation process will also take place in the UAE, unless otherwise agreed upon by both parties. The ruling or settlement reached through these methods will be legally enforceable in accordance with UAE law.
5. Confidentiality
Both arbitration and mediation proceedings are confidential. The parties involved agree not to disclose any information regarding the proceedings, including statements made during hearings or sessions, unless required by law. This confidentiality ensures that the resolution process remains private and respectful.
6. Costs and Expenses
The costs of arbitration and mediation, including the fees of the arbitrator or mediator, will be shared between BazaarNexus and the user unless otherwise agreed upon. If the dispute is resolved through arbitration or mediation, the parties may also be responsible for their own legal fees, unless otherwise specified in the settlement or award.
7. No Class Action
Arbitration and mediation are designed to resolve individual disputes. As such, class action procedures are not applicable. Each dispute will be handled on an individual basis, and the parties agree not to pursue a class action lawsuit in any form.
8. Conclusion
BazaarNexus values transparency and fairness in all interactions with its users. Our arbitration and mediation policies are designed to ensure that any disputes are handled efficiently and effectively, without the need for lengthy legal processes. By using the platform, you agree to resolve disputes in accordance with the terms outlined here. Should you have any questions or concerns about the process, please feel free to reach out to our support team.