DISPUTE RESOLUTION
GOVERNING LAW AND JURISDICTION
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at DELHI. Any dispute or difference either in interpretation or otherwise, of any terms of these terms and conditions between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by THESHILP and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Mumbai. The High Court of judicature at Mumbai alone shall have the jurisdiction and the Laws of India shall apply.
However, before you submit a claim for arbitration, you must first contact customer service representative at THESHILP and give him/her an opportunity to resolve the dispute. Similarly, before THESHILP takes a dispute to arbitration, it must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty (60) days from the date you may inform THESHILP.com to appoint Arbitrator to resolve the dispute and THESHILP.com shall within 15 days from the receipt of such intimation, appoint the Sole Arbitrator. The venue of the Arbitration shall be at Mumbai and the language of the Arbitration shall be English and the applicable Law shall be the Laws of India.
Any award rendered pursuant to the arbitration shall be final and binding on both parties and no appeal shall lie from such award. Such award may be rendered enforceable and executory by any court having jurisdiction over the person or the property of the person against whom enforcement of the award is sought.
Notwithstanding the provisions in this Clause, THESHILP shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trademark or other intellectual property rights or confidential information etc.
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