SCHOOL OF LAW, NARSEE MONJEE INSTITUTE OF

MANAGEMENT STUDIES, BANGALORE

EMPLOYMENT AGREEMENT

NAME : ARYAA SINGH (81022019405)

SUBJECT: ALTERNATIVE DISPUTE RESOLUTION

SUBMITTED TO: PROFESSOR. SHANTANU

COURSE: BBA.LLB (H) 3rd YEAR

DATE: 20TH October

 ARBITRATION AGREEMENT

This arbitration agreement executed on 20/10/2022

BETWEEN

V.K Kumar and constructions, a company incorporated under companies act, 2013
represented by V.K Kumar, son of K.K Kumar having its registered office at BlockG-654,
Hulimavu, Karnataka, 560083, hereinafter referred to as the Employer.

AND

Mr. Chirag son of Mr. Aditya residing at 5/98, Gottigere, Karnataka, 560098 hereinafter
referred to as the employee.

WHEREAS

The employer is carrying on the business of clothes. The employer called for applications
from the eligible candidates for the post human resource manager and in response thereto an
application was forwarded by the employee to employer.

On processing the application and the relevant documents, the employer found the employee
adequately qualified for the post and offered to appoint him as human resource manager in
the Company.

The employee has accepted the said appointment on the terms and conditions herein after set
out.

In event of dispute of every arising between the above-mentioned parties in respect of the
agreement executed 20/10/2022 between the same parties but not limited to the breach of
trust, performance, existence, enforcement, non performance or termination of the agreement
shall be refereed to arbitration as per the terms laid down further in the agreement.

GENERAL ARBITRATION TERMS

a) The purpose of the Original Agreement are as follows:

The First Party agreed to hire an employee for the post of human resource manager in the
company. The Second Party agreed to be appointed as human resource manager of the
company and terms and conditions attached to it.
Any conflict, dispute, or controversy arising from or in relation to the Original Agreement,
including but not limited to any dispute concerning the construction, validity, interpretation,
enforceability or breach of the Original Agreement, shall be exclusively resolved by binding
arbitration conducted in accordance with this Agreement.

b) The terms of this Agreement serve as a bar to any suit, action, or proceeding instituted in
any other court in respect to the disputes which require being referred to arbitration as
per this Agreement.

c) Upon submission of the conflict, dispute, or controversy to arbitration, the submitting

Party shall notify the other Party within 30 days by sending a notice to the address
provided under this Agreement.

d) Nothing contained in this Agreement shall be deemed to give the arbitrators any power,
right or authority to change amend, modify, add, or alter any provisions as provided in
the Original Agreement between the Parties.

ARBITRAL PROCEDURES

a) Whenever a dispute arises between the Parties:

I. The Party who raises the issue must usually state the facts supporting his/her claim
the points at issue and the relief or remedy sought, and the Party on the opposite
side must state his/her defence in respect of these particulars, and any counterclaim
or set off he/she seeks to claim while filing his/her statement of claim and
defence, respectively.

II. Parties can submit with their statements all documents they consider to be relevant
or add a reference to the documents or other evidence they will submit.

III. Either Party can amend or supplement his/her claim or defence during the course of
arbitral proceedings unless the arbitrator considers it inappropriate.

IV. The Arbitrator must as far as possible, hold oral hearings for the presentation of
evidence or for oral argument on a day-to-day basin, not grant any adjournments
unless sufficient cause is made out, and can impose costs including exemplary costs
on the Party seeking adjournment without any sufficient cause.
 V. The Parties must be given sufficient notice in advance of any hearing and of any
meeting of the Arbitrator for the purposes of inspection of documents, goods,
or other property.

VI. If without showing sufficient cause, the Claimant fails to communicate his/her
statement of claim, the Arbitrator must terminate the proceedings.

VII. If without showing sufficient cause, either Claimant or Respondent fails to appear at
an oral hearing or to produce documentary evidence, the Arbitrator can continue the
proceedings and make the arbitral award on the evidence before it.

b) The Arbitrator will convince an initial conference to consider preliminary matters in the
dispute and give detailed instructions to the Parties of proceedings of arbitration.

c) Additional conferences may be convened by the Arbitrator, if necessary, by serving

notice to the Parties.

d) Whenever possible the conference will be conducted through video conferencing. The
Arbitrator may at his/her sole discretion require the Parties and/or their counsel to attend
the conference in person by serving a notice of reasonable period.

LAW AND RULES

a) The Arbitration and Conciliation Act, 1996 will govern this Agreement.

b) Any disputes arising out of or in relation to this Agreement will be referred to the ICA
(International council of Arbitration) and the rules and regulations of DIAC (Delhi
International Arbitration Centre) will be followed.

ARBITRATORS

a) The committee of arbitrators shall consist of 3 arbitrators appointed mutually by the

Parties. Each Party shall appoint a chairman: if the Arbitrators cannot agree on the
appointment the Chairman, then the Chairman shall be appointed by the concerned
authority under the applicable law.

b) The arbitrator shall have at least 5 years of arbitration experience and shall have served
at of least 2 or more times as an arbitrator prior to appointment under this Agreement.

c) The arbitrator's decision will be final and binding.

d) The arbitrator shall issue a written arbitration decision revealing essential findings and
conclusions upon which the decision and/or award is based.

e) Unless the Parties agree otherwise, a replacement arbitrator shall be appointed by the
concerned authority in case of the death or resignation of any arbitrator during the
course of proceedings.

SEAT OF ARBITRATION

The parties are free to agree on the place of arbitration. Failing any agreement, the place
of arbitration shall be determined by the arbitral tribunal having regard to the
circumstances of the case, including the convenience of the parties. The arbitral
tribunal may, unless otherwise agreed by the parties, meet at anyplace it considers
appropriate for consultation among its members, for hearing witnesses, experts or the
parties, or for inspection of documents, goods or other property.

LANGUAGE OF ARBITRATION

The language of the arbitration shall be as follows: English and Hindi.

AWARD

The Parties agree to abide by any award issued by the arbitrator and the judgement of any
court with Jurisdiction may be entered on the award.

COMMUNICATION

a) Any communication with the Arbitrator shall be copied contemporaneously to the other
Party at the address for service nominated in this Agreement.

b) Each Party to this Agreement shall notify others in writing of any changes in the address
or communication details pursuant to entering into this Agreement. If the Party fails to
update the changes in writing, any notices or correspondence to the address mentioned
above will be treated as valid and binding.

c) Email and documents in electronic form are preferred unless otherwise directed.

d) The written notice must specify the claims asserted against the other Party. Notice of any
claim sought to be arbitrated must be served within the limitations period under
the applicable law.
CONFIDENTIALITY

a) The Parties understand that during the course of any negotiations or discussions
undertaken prior to and/or in pursuance of this Agreement, during arbitration
proceedings, and the Original Agreement, either Party may become privy and to and/or
come into possession of information of proprietary nature, belonging to other Party. Such
proprietary information is herein referred to as "Confidential Information" and shall
include information whether written, visual or oral in any other medium, including
information, or data disclosed to the Receiving Party by the Disclosing Party or by a
third Party on behalf of the Disclosing Party and shall (i) any information having been
disclosed prior to the date of this Agreement. (ii) any information relating to the
Disclosing Party's business, procedures, products, training modules, processes, plans,
know-how, designs, trade secrets, market opportunities, computer programs; (iii) this
Agreement or any terms and conditions thereof.

b) Confidential Information shall not include any information that (i) is or becomes publicly
available without breach of the terms of this Agreement; (ii) becomes lawfully available
to the Receiving Party from a third Party free from any confidentiality restriction, or (iii)
was previously in the possession of the Receiving Party and which was not acquired
directly or indirectly from the Disclosing Party, as evidenced by written records.

c) Receiving Party or any Party to whom it transmits the Confidential Information pursuant
to this Agreement may disclose the Confidential Information if it becomes legally
compelled to do so under any relevant law, regulation or order of the court, provided the
Disclosing Party is given prompt notice of such requirement or such order and (where
possible) provided reasonable opportunity to contest it and scope of such disclosure is
limited to the extent possible.

d) The Receiving Party agrees and covenants with the Disclosing Party (i) to maintain
confidentiality with respect to the Confidential Information coming into its knowledge
and possession before or during the term of this Agreement; (ii) to use the same solely
for the purpose as envisaged under this Agreement; (iii) to inform the Disclosing Party of
any incident of breach of the Receiving Party's confidentiality obligations under this
Agreement within 24 hours from the occurrence of such incident.
MODIFICATION OF AGREEMENT

In the event any provision of this Agreement is determined to be invalid by any court or other
entity of competent jurisdiction, the provision of this Agreement shall be deemed to have
been amended and the Parties hereto agree to execute all documents necessary to evidence
such amendment so as to eliminate or modify any such invalid provision so as to carry out the
intent of this Agreement as far as possible and to render this Agreement enforceable in all
respects as so modified.

NO WAIVER

The failure of any Party hereto to enforce any provision of this Agreement shall in no way be
construed to be a waiver of such provisions or to affect the validity of this Agreement or any
part thereof or the right of either Party to enforce each and every provision in
accordance with its terms.

HEADINGS

The headings in this Agreement are included for the convenience of reference only and in no
way define or delimit any of the provisions hereof or otherwise affect their
construction or effect.

INTERPREATION

The Parties acknowledge and agree that each Party has reviewed and negotiated the terms and
provisions of this Agreement and has had the opportunity to contribute to its revision.
Accordingly. the rule of construction to the effect that ambiguities are resolved against the
drafting Party shall not be employed in the interpretation of this Agreement. Rather, the terms
of this Agreement shall be construed fairly as to both Parties and not in favour or
against either Party.

SURVIVAL OF OBLIGATION

Notwithstanding any other provisions of this Agreement, at termination, expiration or

completion of this Agreement, any provisions of this Agreement which would by their nature
be expected to survive termination, expiration or completion shall remain in provisions which
are explicitly stated to survive termination, expiration or completion shall remain in full force
and effect, including but not limited to any provisions which are explicitly stated to survive
termination, expiration or completion.
COUNTERPARTS

This Agreement may be executed in two or more counterparts, each of which shall be deemed
an original, but all of which together constitute one and the same instrument.

ENTIRE AGREEMENT

Both the Parties represent and agree that they have read this Agreement, understand its terms
and the fact that it releases all claims each might have entered into this Agreement without
duress or coercion from any source. This Agreement supersedes all other Agreements entered
into between the Parties.

MISCELLAEOUS

Except as expressly modified herein, the terms of Employment contract dated october 20,
2022 remains unchanged and continues in full force and effect.

IN WITNESS WHEREOF, the Parties hereto have executed this agreement

on October 20, 2022

SIGNED ON BEHALF OF THE FIRST PARTY:

________________________________________

Signature

V.K Kumar and Constructions PVT.LTD

Name of authorized signatory: Mr V.K Kumar (Director)

Dated: October 20, 2022

SIGNED ON BEHALF OF THE SECOND PARTY:

___________________________________________

Signature

Name of authorized person: Mr. Chirag  (Employ)

Dated: October 20, 2022