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Credit Card Arbitration Agreement Template for India

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Key Requirements PROMPT example:

Credit Card Arbitration Agreement

"I need a standard Credit Card Arbitration Agreement for our bank's new credit card product launching in March 2025, compliant with Indian law and RBI guidelines, with particular emphasis on online dispute resolution capabilities."

Document background
The Credit Card Arbitration Agreement is a crucial document used when establishing alternative dispute resolution mechanisms between credit card issuers and their customers in India. It is typically implemented alongside the main credit card agreement and becomes relevant when disputes arise regarding credit card services, charges, or related matters. The agreement must comply with the Indian Arbitration and Conciliation Act, 1996, RBI Master Directions on Credit Cards, and consumer protection laws. It provides a more efficient and cost-effective alternative to court litigation while ensuring fair treatment of consumers. The document should be updated periodically to reflect changes in arbitration laws, banking regulations, and RBI guidelines.
Suggested Sections

1. Parties: Identification of the credit card issuer and the cardholder

2. Background: Context of the agreement, referring to the main credit card agreement

3. Definitions: Key terms used in the agreement including 'Dispute', 'Arbitration', 'Award', 'Arbitrator', etc.

4. Scope of Arbitration: Types of disputes covered and excluded from arbitration

5. Agreement to Arbitrate: Mutual agreement to resolve disputes through arbitration and waiver of litigation rights

6. Arbitration Procedures: Process for initiating arbitration, selecting arbitrators, and conducting proceedings

7. Governing Law: Specification of Indian law and the Arbitration and Conciliation Act, 1996 as governing law

8. Costs and Fees: Allocation of arbitration costs and fees between parties

9. Awards: Process for rendering and enforcing arbitration awards

10. Severability: Provision ensuring that if any part is invalid, the rest remains enforceable

Optional Sections

1. Class Action Waiver: Optional section waiving right to participate in class actions - include if permitted under applicable law

2. Small Claims Exception: Option to exclude small claims from mandatory arbitration - include for consumer protection

3. Online Arbitration Provisions: Include if offering virtual arbitration options

4. Multi-lingual Provisions: Include if agreement needs to be executed in multiple languages

5. Opt-out Rights: Include to give cardholders right to opt out of arbitration within specified timeframe

Suggested Schedules

1. Schedule A - Arbitration Fee Schedule: Detailed breakdown of various arbitration fees and costs

2. Schedule B - Arbitration Procedures: Step-by-step procedures for conducting arbitration

3. Appendix 1 - Arbitration Notice Form: Template form for initiating arbitration

4. Appendix 2 - Opt-out Form: Template form for opting out of arbitration agreement if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

































Clauses



























Relevant Industries

Banking

Financial Services

Consumer Services

FinTech

Payment Services

Credit Services

Retail Banking

Relevant Teams

Legal

Compliance

Risk Management

Credit Card Operations

Customer Service

Product Development

Regulatory Affairs

Dispute Resolution

Contract Management

Relevant Roles

Legal Counsel

Compliance Officer

Risk Manager

Credit Card Operations Manager

Customer Relations Manager

Product Manager - Credit Cards

Legal Operations Director

Regulatory Affairs Manager

Dispute Resolution Specialist

Contract Manager

Banking Operations Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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