Dispute Resolution & Arbitration

These terms and any dispute arising out of or in connection with the use of the Sky Charter India Platform shall be governed by and construed in accordance with the Laws of India, including the Indian Contract Act, 1872, the Information Technology Act, 2000, the Consumer Protection Act, 2019, the Arbitration and Conciliation Act, 1996, and applicable DGCA regulations.

Before initiating any formal dispute resolution proceedings, the parties agree to attempt to resolve any dispute amicably through good faith negotiations. Either party may request a meeting (in-person or virtual) to discuss the dispute and explore resolution options. The negotiation period shall not exceed thirty (30) days from the date of written notice of the dispute.

If the dispute cannot be resolved through good faith negotiation within thirty (30) days, either party may refer the dispute to arbitration. The arbitration shall be conducted by a sole arbitrator in accordance with the Arbitration and Conciliation Act, 1996 as amended. The seat of arbitration shall be Jodhpur, Rajasthan, India. The arbitration proceedings shall be conducted in the English language.

The sole arbitrator shall be mutually appointed by the parties within fourteen (14) days of the referral to arbitration. If the parties fail to agree on the appointment of the arbitrator within such period, either party may request the Chief Justice of the High Court of Rajasthan or their designate to appoint the arbitrator.

The arbitrator shall be a legal professional with at least fifteen (15) years of experience in commercial law, aviation law, or contract law, and shall be independent of both parties.

The arbitration shall be conducted on an ad-hoc basis. The arbitrator shall have the power to determine the procedure for the arbitration, subject to the principles of natural justice and fair hearing. The parties agree to cooperate in the expeditious conduct of the arbitration.

• The arbitrator shall issue procedural directions within fourteen (14) days of appointment
• Each party shall have the right to present evidence and make submissions
• The arbitrator may appoint experts with the parties' consent
• The arbitration shall be completed within twelve (12) months of the arbitrator's appointment

The arbitrator shall render a reasoned award in writing. The award shall be final and binding on both parties. The parties agree to abide by and implement the award without delay.

The award may be enforced in any court of competent jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996. The parties waive any right to challenge the award except on grounds permitted under Section 34 of the Arbitration and Conciliation Act, 1996.

Subject to the arbitration agreement above, the courts at Jodhpur, Rajasthan shall have exclusive jurisdiction over any disputes arising out of or in connection with these terms, including disputes not subject to arbitration, interim relief applications, and enforcement proceedings.

Each party shall bear its own costs, legal fees, and expenses incurred in connection with the dispute resolution process. The arbitrator shall have the discretion to award costs to the prevailing party, taking into account the conduct of the parties and the complexity of the dispute.

All negotiations, arbitration proceedings, and awards shall be kept confidential by both parties, except as required by law or for enforcement purposes. Neither party shall disclose the existence, content, or outcome of any dispute resolution proceedings without the prior written consent of the other party.