Dispute Resolution & Advisory
Helping members resolve trade disputes through conciliation and advisory services
Process For Initiation Of Conciliation Proceedings
For redressal of your concerns, please email your application to legal@iref.net
Attach Relevant Documents
Legal Declaration Form
Submit on your company letterhead with authorized signature
Payment Proof
Processing fee of ₹5,000 + GST (Non-refundable)
Representation to DRA
Complete details explaining the nature of dispute with supporting documents
About DRA Wing at IREF
The Dispute Resolution and Advisory (DRA) Wing of the India Rice Exporters Federation (IREF) offers conciliation as a key mechanism for resolving trade disputes. It operates under the administrative authority of the DRA Wing and in compliance with Part III of the Arbitration and Conciliation Act, 1996. The process is structured to facilitate dialogue, foster mutual understanding, and enable parties to arrive at a mutually satisfactory resolution in a cost-effective and expeditious manner.
The DRA Wing is focused on facilitating fair and impartial resolutions to trade disputes while simultaneously promoting ethical trade practices. By providing structured advisory and capacity-building initiatives, the Wing supports the federation's members in navigating both domestic and international trade challenges.
Objective
To ensure fair, transparent, and efficient resolution of trade disputes through structured conciliation mechanisms, preserving commercial relationships while upholding industry standards.
Conciliation Facilities
Providing a platform for amicable dispute resolution through trained conciliators, reducing litigation costs and maintaining business relationships between parties.
Advisory Functions
- •Issuing advisories to members and trade entities on defaulters and unreliable parties
- •Disseminating best practices and guidelines for safe trade transactions
- •Enabling members to perform due diligence before entering trade agreements
Capacity Building
Conducting workshops, webinars, and training sessions to equip members with knowledge of trade regulations, dispute prevention, and resolution mechanisms.
Federation Representation on Behalf of Members
IREF, through the DRA Wing, may offer representation to members on a case-to-case basis in trade-related matters before government bodies, export promotion councils, banks, or similar institutions. Such representation is at the sole discretion of the DRA Wing and is subject to the nature and merit of the issue.
Issue Detail
Detailed documentation of the trade issue with relevant evidence
Federation Opinion
Expert opinion from IREF on the merits of the case
Recommendations
Suggested course of action and representation strategy
Eligibility for DRA Services
Only IREF member entities are eligible to avail conciliation and advisory services. Non-members may seek limited assistance on a case-by-case basis, subject to approval and applicable fees.
8 Principles of Conciliation Proceedings
Voluntary Participation
The conciliation process is entirely voluntary. No party shall be compelled to participate, and any party may withdraw at any stage with prior written intimation.
Impartiality and Independence
The conciliator shall remain neutral and independent throughout the proceedings, ensuring no bias toward either party.
Confidentiality
All communications, documents, and information disclosed during conciliation are strictly confidential and shall not be admissible as evidence in any judicial or arbitral proceeding.
Good Faith and Cooperation
Parties are expected to engage constructively and in good faith, providing accurate information and cooperating in the resolution process.
Informality and Flexibility
The conciliation process is informal and adaptable to the specific circumstances of each case, allowing the conciliator to structure proceedings as deemed appropriate.
Equality of Parties
Both parties shall be treated equitably, with equal opportunities to present their case and respond to the submissions of the other party.
Neutral Venue and Language
Proceedings shall be conducted in a neutral location and language agreed upon by both parties, or as decided by the conciliator in consultation with the parties.
Role of Conciliator
The conciliator facilitates dialogue between parties and may suggest solutions but cannot impose any decision. The parties retain full autonomy over the outcome.
Process Overview
Initiation of Request
The complainant submits a formal request to the DRA Wing via email, including a brief of the dispute, supporting documents (such as contracts, invoices, correspondence), and a declaration on company letterhead confirming no parallel judicial proceedings. The declaration must state that the matter is not pending before any court, tribunal, or arbitration forum.
Processing Fee & Charges
A non-refundable processing fee of ₹5,000 + GST is payable at the time of submission. Additional charges may apply based on complexity. Premium services such as expedited handling or international disputes may involve separate pricing.
Acknowledgement & Appointment
Upon receipt and verification, the DRA Wing issues an acknowledgement. A conciliator is appointed with the consent of both parties. If parties fail to agree on a conciliator, the DRA Wing may appoint one based on expertise and neutrality.
Preliminary Resolution Attempt
The DRA Wing initiates contact with the opposite party to convey the matter and invite participation in conciliation. A preliminary effort is made to resolve the issue amicably through dialogue. If the opposite party declines to participate or fails to respond within a reasonable timeframe, the conciliation is deemed to have failed.
Comprehensive Assessment
If a resolution is not achieved at the preliminary stage, the DRA Wing proceeds to a comprehensive assessment. Both parties are required to submit detailed written statements, additional documents, and clarifications as requested. Joint or separate sessions may be held as needed. The conciliator may propose settlement options, but the final agreement must be mutually accepted.
Final Advisory & Caution List
If conciliation fails or the responding party does not participate in good faith, the DRA Wing may issue an advisory or add the non-cooperative party to its internal Caution List. This list is circulated among members to promote due diligence and prevent similar trade risks.
Disclosure of Parallel Proceedings
Parties must disclose any ongoing or contemplated legal, arbitral, or regulatory proceedings involving the same subject matter. Failure to make such disclosure may result in termination of the conciliation process and potential listing in the Caution List.
Settlement Agreement
If parties reach a mutually acceptable resolution, a Settlement Agreement is drafted and signed. This agreement may be enforceable as per applicable laws, including under Section 73 of the Arbitration and Conciliation Act, 1996.
Non-Settlement Report
If no resolution is achieved, the conciliator issues a Non-Settlement Report. The DRA Wing may, at its discretion, issue an advisory and/or include the defaulting party in the Caution List.
Final Advisory and Caution List
Following unsuccessful conciliation or non-participation by the respondent, the DRA Wing may:
Issue an advisory against the defaulting party.
Add the non-cooperative party to the Caution List circulated among members.
Inform relevant authorities or export promotion councils if warranted.
Purpose for Advisory and Caution List
The Caution List serves as a preventive measure to alert members about potentially unreliable parties. It is not a legal blacklist but an internal tool for due diligence.
Important Notice
The DRA Wing's decisions are advisory in nature. IREF does not act as a judicial or quasi-judicial body. Parties retain the right to pursue other legal remedies.
DISCLAIMER
By submitting a conciliation request to the DRA Wing of IREF, you acknowledge and agree to the following:
The conciliation process is non-binding unless a signed settlement agreement is executed between parties.
IREF, including its office bearers, employees, and conciliators, shall not be held liable for any outcomes, decisions, or representations made during conciliation.
The information provided during conciliation shall not be used as evidence in any judicial or arbitral proceedings.
The Caution List is an internal advisory tool and does not constitute a legal blacklist or defamation.
The DRA Wing reserves the right to decline any case that is deemed frivolous, vexatious, or not within the scope of trade dispute resolution.
Representation before external bodies is at the sole discretion of IREF and is not guaranteed.
Participation by the opposite party is voluntary; IREF cannot compel any entity to engage in conciliation.
All fees paid are non-refundable, regardless of the outcome of the conciliation.
IREF may amend these terms and procedures at any time without prior notice.
Users are advised to seek independent legal counsel before or during the conciliation process.
The DRA Wing of IREF remains committed to facilitating fair, efficient, and constructive resolution of trade disputes. We encourage our members to engage with us proactively to foster a trustworthy trading environment.