Process For Initiation Of Conciliation Proceedings

THE DISPUTE RESOLUTION & ADVISORY WING AT THE INDIAN RICE EXPORTERS’ FEDERATION (IREF)

Members,

The Dispute Resolution & Advisory (DRA) Wing of the Indian Rice Exporters’ Federation (IREF) has been instituted with a firm commitment to support our members by providing a structured and professional mechanism for grievance redressal, dispute resolution, and expert advisory services. Recognizing the complex challenges inherent in international trade, the DRA Wing is intended to serve as a dedicated platform to safeguard the interests of our valued members and to promote fair, efficient, and effective resolution of trade-related issues.

Objective: To facilitate prompt grievance redressal and promote seamless cooperation between members and affiliated trade partners.

1. Conciliation Facilities: The DRA Wing shall establish and administer conciliation facilities to resolve trade disputes arising –

• amongst IREF members inter se, and
• between IREF members and third parties,

through a fair, impartial, and efficient conciliation process in accordance with Part III of the Arbitration & Conciliation Act, 1996.

2. Advisory Functions: In addition to conciliation, the DRA Wing shall provide expert advisory services to members by –

• issuing advisories and guidance notes on matters concerning trade disputes;
• disseminating best practices and preventive measures; and
• enabling members to exercise greater diligence in their future commercial transactions.

3. Capacity Building: The DRA Wing shall also undertake initiatives to enhance awareness and understanding among members regarding dispute resolution mechanisms, compliance obligations, and risk management in international trade.
4. Federation Representation on behalf of members: The Indian Rice Exporters Federation is committed to safeguarding the interests of its members. In line with this, the Federation shall undertake both structured presentations on behalf of members exporters before the respective authority, inclusive of government agencies, associations, organisations or concerned party. Each representation will detail issue clearly outlining the problem being faced by the member. Presenting the federation’s opinion providing a collective and well considered viewpoint. Offer recommendations suggesting practical solutions for resolution. This initiative is aimed at facilitating timely redressal of issues faced by members, ensuring that the collective strength and expertise of the Federation support individual concerns effectively.

Eligibility and Services: All duly enrolled and paid members of IREF shall be entitled to avail the facilities of the DRA Wing for the purpose of resolving trade-related disputes and obtaining specialized advisory services on matters concerning trade and commerce.

Principles of Conciliation proceedings:

1. Voluntary Participation – Conciliation shall be based on the free will of the parties. No party shall be forced to enter, continue, or conclude the conciliation process.
2. Impartiality and Independence – The conciliator must remain neutral and independent. He shall disclose any circumstances likely to affect the impartiality before or during the proceedings.
3. Confidentiality – All communications, documents, and proposals made during the conciliation proceedings are confidential. Such information shall not be used in any subsequent legal or arbitral proceedings unless both parties agree otherwise.
4. Good faith and cooperation – Parties shall participate in good faith, exchange necessary information honestly and cooperate to find a mutually acceptable solution.
5. Informality and Flexibility – Conciliation proceedings shall not be bound by legal rules or technicalities. The procedure may be adapted by the conciliator in consultation with the parties.
6. Equality of Parties – Each party shall be given equal opportunity to present its views and proposals. The conciliator must ensure a fair balance in discussions.
7. Neutral venue and language – The place and language of conciliation shall be neutral and convenient for all parties, unless otherwise agreed.
8. Role of the Conciliator – The conciliator shall clarify issues in dispute, suggest resolution and encourage settlement.

Process Overview: The engagement process with the DRA Wing shall follow the steps outlined below –

1. Initiation of Request – Any member seeking to initiate mediation or advisory services under the DRA Wing shall submit the prescribed Conciliation/Advisory Request Form, together with all supporting documents and evidence, duly completed in all respects.

• For conciliation, the application shall be treated as a formal request for commencement of conciliation
• For advisory requests, the documents shall be forwarded to the DRA Wing Secretariat for preliminary assessment.

2. Processing Fee and Additional Charges – A non-refundable processing fee of INR 5,000 (plus applicable taxes) shall be payable by the member at the time of filing the request, to be deposited into IREF’s designated bank account.

In certain cases, depending on the complexity of the dispute and the extent of resources required, a success fee or additional charges may be levied. Any such fee, if applicable, shall be duly communicated to the concerned member in advance, prior to the initiation of the process.

Members are strictly advised not to share or discuss details of their disputes on IREF WhatsApp groups or other informal communication channels.

3. Acknowledgement and Appointment of Conciliator – Upon receiving the completed Conciliation Request Form (formal representation and legal declaration) together with the prescribed processing fee, the Secretariat of the DRA Wing shall promptly issue an Acknowledgment of Receipt and assign a unique case number to the matter.

The Secretariat of DRA Wing shall initiate and manage the process of appointing the Conciliator(s):

• Where the parties can mutually agree upon a conciliator from the IREF list of approved Conciliators, such conciliator shall be appointed with the consent of the parties.
• In the absence of such consensus, the Secretariat of DRA Wing shall nominate and appoint a conciliator in fair and impartial manner, exercising its discretion to ensure efficiency and neutrality.

The Secretariat may, at its discretion, also draw upon relevant industry and legal expertise to support the conciliation process, while ensuring that the independence and neutrality of the appointed conciliator remain fully preserved.

4. Preliminary Resolution and Advisory Services – Upon the appointment of conciliator by the Secretariat of the DRA Wing, the conciliator shall promptly initiate efforts to facilitate an amicable settlement between the parties, based on the principles of voluntariness, neutrality and confidentiality.

• The conciliator may conduct preliminary sessions with the parties to identify issues in dispute, explore settlement options and guide the parties towards a mutually acceptable resolution.
• Alongside this process, the Secretariat of the DRA Wing may, where necessary, extend initial advisory support to the aggrieved member on matter such as trade practices, documentation safeguards, and risk mitigation measures, with the objective of protecting the member’s ongoing commercial interests.

5. Comprehensive Assessment and Outcome – Where preliminary resolution efforts do not immediately result in settlement, the conciliator appointed by the Secretariat shall undertake a detailed assessment of the dispute. Both parties shall be invited to submit their statements, documents, and supporting evidence for consideration. The outcome of such assessment may be either:
6. Settlement Agreement
   • If the parties reach an agreement resolving all or part of their disputes, the terms shall be reduced to writing in the form of a Settlement Agreement on non-judicial stamp, duly signed by the parties and authenticated by the conciliator.
   • Such agreement shall carry binding effect between the parties and may, at their discretion, be enforced as per applicable law.
   • The Secretariat DRA Wing may, in its advisory capacity, issue general guidance to members based on lessons drawn from the settlement, while strictly maintaining confidentiality of the specific terms.

1. Non-Settlement Report

• If no settlement is reached within the prescribed period or if the conciliator forms the view that settlement is not possible, the conciliator shall issue a Non-Settlement Report.
• The report shall not disclose the reasons for non-settlement, nor contain any matter relating to the conduct of the parties during mediation.
• Following such closure, the DRA Wing may extend advanced advisory services to the concerned member(s), including guidance on litigation, arbitration, and risk management measures, to safeguard their trade interests.

6. Disclosure of Parallel Proceedings – In the event that either party initiates; has already commenced with or resorts to any legal recourse, proceedings, or remedies other than the conciliation facilities offered by the IREF Conciliation Centre, such party shall be under an obligation to disclose the same in writing to the IREF Secretariat within forty-eight (48) hours of taking such measure. Failure to disclose or any concealment of such information shall result in the immediate termination of the ongoing conciliation proceedings, without prejudice to any other rights of IREF or the other party.

7. Final Advisory and Caution List – Upon completion of the conciliation process, and irrespective of whether the matter concludes in a settlement or non-settlement, the DRA Wing may, in its advisory capacity, issue an Official Trade Advisory containing recommendations, preventive guidance, or lessons for future transactions.

• Such advisories shall be disseminated to the wider trade community through IREF’s official channels, including the website, newsletters, social media platforms, and other appropriate means of communication.
• Where a party is found, based on the proceedings and supporting material, to be in clear default of trade obligations, the Secretariat of DRA Wing may, after due consideration, include the name of such party in IREF’s Caution List. The Caution List shall be maintained and published by IREF to alert members regarding potential risks in future dealings.
• Members remain at liberty to consider or rely upon such advisories and caution notices at their discretion when entering subsequent trade transactions.

Purpose for Advisory and Caution List – The issuance of any Advisory or Caution List by the DRA Wing is intended solely for the purpose of guiding and advising IREF members, based on the facts and circumstances of a particular dispute. Such advisories and caution notices shall be prepared in good faith and in the best judgment of the DRA Wing, without constituting a legal determination of liability. Members are encouraged to treat these advisories as indicative guidance to exercise caution and prudence in their trade dealings.

We warmly invite all members to make full use of this institutional mechanism for amicable dispute resolution, structured advisory support, and collective trade protection. Your continued trust and active participation are the foundation of such initiatives and play a vital role in strengthening the integrity, credibility, and resilience of the Indian Rice Exporters Federation community.

DISCLAIMER – IREF DRA WING

The following disclaimers govern the dispute resolution and advisory services offered by the Dispute Resolution & Advisory (DRA) Wing of the Indian Rice Exporters’ Federation (IREF). By availing such services, members acknowledge and accept the following:

1. Advisory Nature – All services, opinions, and recommendations issued by the DRA Wing are strictly advisory in nature. They are intended solely to assist members in making informed decisions and shall not be construed as binding legal, commercial, or financial determinations.
2. Limitation of Warranties – IREF expressly disclaims and excludes all forms of guarantees, assurances, representatives or warranties, whether express or implied, including but not limited to the accuracy, completeness, or future enforceability of such advice.
3. No Liability or Indemnification – Under no circumstances shall IREF, its office bearers, committee members, mediators, or advisors be held liable, accountable, or subject to indemnification for any loss, damage, or consequence arising from reliance on the services conciliation and/or recommendations of the DRA Wing.
4. Non-Sustainability for Legal Proceedings – The advisory opinions, notes, or recommendations issued by the DRA Wing shall not be admissible in any judicial, arbitral, or administrative proceeding against IREF or relied upon as a statement of IREF’s official legal disposition.
5. Confidentiality Obligations – All advice, recommendations, and mediation-related communications provided by the DRA Wing are strictly confidential. Members shall not disclose, publish, or otherwise use such information in any manner that may prejudice or involve IREF in external disputes or proceedings.
6. Exclusion of Legal Recourse Against IREF – By availing the services of the DRA Wing, members expressly agree that no legal proceedings, claims, or actions of any kind shall be initiated against IREF or its representatives in connection with the services rendered under this initiative.
7. Independence of Parties – Members retain full and independent responsibility for their business, commercial, and legal decisions. The advice provided by the DRA Wing shall not substitute the need for members to obtain independent professional legal or commercial counsel.
8. Advisory Issued in Good Faith – All advisories, trade cautions, and recommendations are issued by the DRA Wing in good faith and based on available information, without any obligation on IREF to verify or guarantee the same.
9. No Precedential Value – Any advisory, caution list, or recommendation issued in relation to a specific dispute shall be considered case-specific and shall not constitute a precedent or binding guideline for IREF or its members in future disputes.
10. Acceptance of Terms – Availing the services of the DRA Wing constitutes deemed acceptance of this disclaimer in full. Members acknowledge that the DRA Wing functions solely as a facilitative and advisory body, and IREF shall not be held responsible for any reliance placed upon its services.