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1.1 The primary objective of these guidelines is to provide a clear procedure for both Clients and Providers on the Dobrh Platform in case a dispute arises in the course of Project execution, payment issues, or any other relevant matters. All parties involved must adhere to this procedure as the exclusive means for resolving disputes.
1.2 Capitalized terms used herein that are not otherwise defined shall have the meaning assigned thereto in the Terms and Conditions.
Any concerned party, whether a Client or Provider, can initiate a dispute process on the Platform based on a disagreement regarding payment, timeline, or any other aspect of the project.
All disputes must be formally submitted within thirty (30) days of the occurrence of the issue that prompted the dispute. Submissions made after this period will not be considered unless exceptional circumstances are demonstrated.
In case of a dispute for any aspect of the use of the Platform, you can initiate a “New Dispute.”
Complete the following fields after initiating the dispute:
Once the dispute is submitted, the Dobrh team will review the provided information within 30 days and might reach out to both parties involved to get a more comprehensive understanding. The parties are encouraged to promptly provide all information to the Dobrh team on request. The failure to provide any requested information is likely to result in an adverse outcome for the party withholding information. The team will decide based on the Platform's Terms & Conditions, evidence provided, and any other relevant information.
Once a resolution is made, both parties will be notified of the decision. The Dobrh team will propose a mutually equitable, non-binding resolution based on the results of the review within thirty (30) days of receipt of the new dispute. The resolution status will be updated to either "Resolved”, “Open," or “Under Review” (if further action or review is needed).
If any of the parties involved is not satisfied with the decision, they have the option to "Reopen this dispute."
To do this:
If both parties agree on a resolution or once the Dobrh team has made a final decision, the dispute will be marked as "Resolved". The related project can then continue as agreed, or it may be terminated based on the terms of the resolution.
Communication: Before initiating a dispute, it is recommended to communicate directly with the other party to try to reach an understanding or compromise.
Evidence: Always provide clear and concrete evidence when lodging or defending a dispute. This can be communication on the Platform, screenshots, project specifications, or any other relevant documents.
Maintain respectful communication: While disagreements can be frustrating, always maintain professionalism in communication.
Review Dobrh Terms & Conditions: Regularly review Dobrh's terms of service to ensure that you're aware of your rights and responsibilities.
Good Faith Negotiation: Prior to initiating a formal dispute process, parties are encouraged to engage in good faith negotiations to resolve the disagreement amicably. Documentation of these negotiations may be required if the dispute progresses to arbitration.
Dobrh aims to provide a smooth experience for both Clients and Providers. In cases where disagreements arise, these guidelines will assist in ensuring that disputes are resolved in a fair and transparent manner.
In the event that a complaint or dispute arising from the use of the Dobrh Platform has not been resolved satisfactorily through regular channels after the appeals procedure, both the user (client, service provider, or any other party) and Dobrh have the right to propose engaging in an arbitration process as an alternative means of resolution.
Notice of Arbitration: The party seeking arbitration shall provide electronic notice to the other party, outlining the nature of the dispute and the relief sought. This notice should be sent to Dobrh's official contact for dispute resolution via email at legal@cognifle.com.
Appointment of Arbitrator: The party seeking arbitration can use Dobrh's external arbitrator institution. Both parties need to mutually agree upon this or an alternative arbitrator or, failing that, will utilize the services of an arbitration institution to appoint an arbitrator.
Arbitration Proceedings: The arbitration proceedings will be conducted in accordance with the rules and regulations of the chosen arbitration institution. Both parties agree to abide by the decisions and rulings of the arbitrator.
Binding Decision: The decision rendered by the arbitrator will be final, binding, and enforceable by law. Both parties commit to accepting and complying with the arbitration outcome.
The parties agree that each shall bear its own legal costs and expenses incurred during the dispute resolution process unless the arbitrator's ruling specifies otherwise. The losing party shall be responsible for the arbitrator's fees only if determined by the arbitrator.
All arbitration proceedings and related documents shall be treated as confidential and not disclosed to any third party, except as required by law.
The arbitration proceedings shall be held at a venue (online or offline) mutually agreed upon by both parties or as determined by the chosen arbitration institution.
By utilizing the arbitration procedure described above, both users and Dobrh aim to resolve disputes in a fair and unbiased manner, promoting an environment of trust and accountability.
This arbitration provision is designed to supplement and complement any applicable laws and regulations, without waiving any rights or remedies available under the law. Any decision rendered by the arbitrator is intended to be in accordance with applicable legal provisions.
All parties agree to comply with relevant laws and regulations governing dispute resolution in the UAE. This includes adherence to the UAE Commercial Transactions Law and any relevant guidelines set forth by local arbitration authorities.
For any questions or concerns related to the arbitration process, please contact Dobrh's designated arbitration contact under legal@cognifle.com.