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- REFERING DISPUTE TO ARBITRATOR..
REFERING DISPUTE TO ARBITRATOR This Agreement made between Mr……………………………….. Mr…………………… resi_________________________________ hereinafter referred to as " the Party of the First Part, party____________________ (which expression shall unless contrary to the context or meaning thereof include his successors, executors, administrators, legal representatives and assigns) And Mr………………………………… Mr…………………………. Resi____________________________________ hereinafter referred to as "second part, Party of the Second Part" (which expression shall unless contrary to the context or meaning thereof include his successors, executors, administrators, legal representatives and assigns). The parties hereto are collectively referred to as "the parties". Whereas 1. Above statues parties entering an agreement dated______________ (herein after referred to as the said Agreement) bide which it was agreed that First part, Party shall place order and Second part, Party shall supply goods on such terms and conditions as laid in said agreement. 2. Controversies and differences emerging between the said parties concerning interpretation of some of the clauses of the said agreement , which parties have consented to refer their controversies and differences for arbitration of Shri_____________on such terms and conditions as hereinafter statues. Now This Agreement Witnesses As Under: 1. All controversies and differences between the parties hereto concerning interpreting of some of the clauses of the said agreement are hereby referred to the conclusive determination and award of the said arbitrator Mr…………………………………………………….. 2. Arbitrator shall be empowered taking such evidence and making such enquiries, as he may deem fit. Arbitrator shall be empowered to administer both to the parties and witnesses before him. Having served notice to parties who neglects, fails for attending reference, arbitrator shall have power to hearings ex-parte. Arbitrator shall record by keeping minutes of hearings of arbitration and taking notes of evidence of witnesses as may be lead by any party to which arbitrator can justly examine. Arbitrator shall pass award within _____________months after entering the reference and the award made by the arbitrator shall bind and concluding on the parties. If award is not passed by the arbitrator within fix stipulated period or the arbitrator dies, or can not act due to illness or denies to act before making award, this agreement shall become nullity and documents filed with the Arbitrator shall be returned to the party producing the same. Fee of Arbitrator shall be Rs._________ which fees and costs of this reference and other expenses relating to the arbitration shall be borne by both the parties in such proportions as inserted arbitrator. Arbitration herring shall at ……………………………………. English shall be used in all written documents laid in arbitration hearings. 3. Parties agreeing for cooperating with arbitrator by furnishing the arbitrator all information's/ explanations as needed by him. 4. This submission to arbitration shall be based on enactments of the Arbitration and Conciliation Act, 1996 or any mandatory alteration thereof. 5. Award made by the arbitrator per this agreement shall be filed in court within one month from the date of signing of the award by Arbitrator and a decree shall be got per terms of the award. In Witness Whereof, the parties hereunto have signed this agreement Date: Witness: 1. The First Part Party 2. The Second Part party Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)
- REFERING DISPUTE TO ARBITRATOR
REFERING DISPUTE TO ARBITRATOR This Agreement made between MR……………………….. address_________________ hereinafter referred to as " the Party of the First Part, party_______________________ (which expression shall unless contrary to the context or meaning thereof include his successors, executors, administrators, legal representatives and assigns) And Mr……………………………………………………………………………………… address _________________________________________ hereinafter referred to as "second part, Party of the Second Part" (which expression shall unless contrary to the context or meaning thereof include his successors, executors, administrators, legal representatives and assigns). The parties hereto are collectively referred to as "the parties". Whereas 1. Above statues parties entering an agreement dated______________ (herein after referred to as the said Agreement) bide which it was agreed that First part, Party shall place order and Second part, Party shall supply goods on such terms and conditions as laid in said agreement. 2. Controversies and differences emerging between the said parties concerning interpretation of some of the clauses of the said agreement , which parties have consented to refer their controversies and differences for arbitration of Shri__________on such terms and conditions as hereinafter statues. Now This Agreement Witnesses As Under: 1. All controversies and differences between the parties hereto concerning interpreting of some of the clauses of the said agreement are hereby referred to the conclusive determination and award of the said arbitrator Shri………………………. 2. Arbitrator shall be empowered taking such evidence and making such enquiries, as he may deem fit. Arbitrator shall be empowered to administer both to the parties and witnesses before him. Having served notice to parties who neglects, fails for attending reference, arbitrator shall have power to hearings ex-parte. Arbitrator shall record by keeping minutes of hearings of arbitration and taking notes of evidence of witnesses as may be lead by any party to which arbitrator can justly examine. Arbitrator shall pass award within _______months after entering the reference and the award made by the arbitrator shall bind and concluding on the parties. If award is not passed by the arbitrator within fix stipulated period or the arbitrator dies, or can not act due to illness or denies to act before making award, this agreement shall become nullity and documents filed with the Arbitrator shall be returned to the party producing the same. Fee of Arbitrator shall be Rs._________ which fees and costs of this reference and other expenses relating to the arbitration shall be borne by both the parties in such proportions as inserted arbitrator. Arbitration herring shall at ………………... English shall be used in all written documents laid in arbitration hearings. 3. Parties agreeing for cooperating with arbitrator by furnishing the arbitrator all information's/ explanations as needed by him. 4. This submission to arbitration shall be based on enactments of the Arbitration and Conciliation Act, 1996 or any mandatory alteration thereof. 5. Award made by the arbitrator per this agreement shall be filed in court within one month from the date of signing of the award by Arbitrator and a decree shall be got per terms of the award. In Witness Whereof, the parties hereunto have signed this agreement Date: Witness: 1……………………………………………The First Part Party 2………………………………………………The Second Part party Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)
- PETITION UNDER SECTION 9 FOR INTERIM MEASURE BY COURT
PETITION UNDER SECTION 9 FOR INTERIM MEASURE BY COURT In the Court of District Judge, ………………….. Misc Case No…….. of 20………………... Mr……………………………. ........................... Petitioner/Applicant; Vs. Mr……………………………………...................... Respondent/Opposite Party. Petition under Section 9 of the Arbitration and Conciliation Act, The petitioner/applicant above named begs to state as under:— 1. That the petitioner/applicant entered into a Contract Agreement on: for supply/construction, etc. of. 2. That the said Contract Agreement contains an arbitration clause which is being reproduced here in under:— 3. That [all relevant facts to show why interference of the court is needed to protect the subject-matter of the dispute or for securing the amount in dispute in the arbitration. PRAYER Wherefore, it is respectfully prayed that this Hon'ble Court may be pleased to direct the respondents to furnish security in the form of ........................... of like amount of the claims of the claimant/applicant or order such other suitable interim measure, etc. for the preservation, interim custody, etc. of the subject-matter of the dispute in arbitration pending/proposed to be settled by arbitration, etc. and which shall be in the interest of justice. ………………. DATED: Applicant VERIFICATION I, …..……….., the petitioner/applicant above named do hereby verify that the contents of paragraphs .... to. ……….... are true to my personal knowledge, while those of paragraphs. .... to ...... are based on legal advise and records. …………………... DATED: Applicant Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)
- AAPPLICATION CHALLENGING THE JURISDICTION OF THE ARBITRATOR UNDER SECTION 16
AAPPLICATION CHALLENGING THE JURISDICTION OF THE ARBITRATOR UNDER SECTION 16 Before the Hon'ble Sole Arbitrator/Arbitral Tribunal In the Matter of Arbitration Between Mr…………...................................................at………………………………………….... Claimants; Vs. Mr……………………………………………..……………at…………………………………......... Opposite Party. The applicants/claimants/respondents above named beg to state as under:— 1. That the aforesaid claim petition/alleged arbitration dispute was referred to the Learned Arbitrator/Arbitral Tribunal in pursuance of an alleged arbitration agreement by the claimant. 2. That [facts showing why the arbitrator has no jurisdiction/such as because there is no arbitration clause between the parties. . .]. 3. That in view of the aforesaid facts the Learned Arbitrator/Arbitral Tribunal has no jurisdiction to proceed with the present statement of claims preferred by the claimants and as such would be without jurisdiction hence as such the claim petition of the claimants is liable to be rejected outright. 4. That the applicant without submitting to the jurisdiction of the Learned Arbitrator has pleaded the aforesaid. PRAYER Wherefore, it is respectfully prayed that in the interest of justice and the above stated preliminary objections and facts and circumstances of the case, this Hon'ble Arbitral Tribunal may be pleased not to entertain the arbitration disputes and the proceedings may kindly be dismissed as not maintainable since the tribunal/Learned Arbitrator does not possess jurisdiction to entertain the same due to lack of competence, and the alleged disputes referred to this tribunal by the claimants be rejected with costs in favour of the respondents. Thane Dated: Advocate Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)
- PETITION FOR SELECTING OF AN ARBITRATOR
PETITION FOR SELECTING OF AN ARBITRATOR Special Suit No. ............................................... of........................................... Before the High Court at …………………………………………………………………………….. In the matter of an application under section 8 of the Arbitration and Conciliation Act 1996 M/S…………… …………………………………………. .at………………………………. ……………………………………..Petitioner VERSUS M/s…………………………………………………………………………... ……………….Respondent To The Hon'ble Mr. ..................................................... Chief Justice with His Companion Justices of the said Hon'ble Court The petition above named of ………………………………………………..construction., most respectfully Showeth: 1. Petitioner entered into a contract with the respondent for building of some flats on terms/conditions having in an Agreement dated ……………….. 2. Petitioner on completion work and offering handing over of flats and demanded from the respondent payment of final bill. 3. The respondent did not pay the outstanding amount knowingly and petitioner according with the arbitration clause in the agreement referred the controversies for arbitrating of Mr ………………………..…………. Advocate and served notice accordingly to respondent. 4. Said notice remained unrepelled and the arbitration proceedings could not begin.5. Petitioner has now been served with a Summons for appearing and defending a suit as filed by the respondent for damages against the petitioner for contravening the said contract. 6. Petitioner has to enter appearance and file statement in the said suit. Petitioner says that the said suit covering the contract for building of flats. Which work the petitioner has completed and presented the final bill but payment has not been received. The controversies and disagreements emerge by and between the petitioner and respondent concerning the building also with payment of bills of petitioner. 7. Owing to arbitration clause in said contract petitioner duly gave a notice on the respondent and appointed the Advocate being sole arbitrator. 8. Petitioner was willing and still ready to get the controversies and disagreements decided by the Arbitrator to be appointed under the Arbitration Clause in the agreement notice whereby was served on the respondent. However due to not appointing the sole Arbitrator as said by petitioner, the Hon'ble Court will be pleased to appoint an Arbitrator per section 11 of the Arbitration and Conciliation Act 1996. 9. Petitioner says that per facts and circumstances of the case the proceedings in the said suit be stayed. Arbitrator be appointed to settle the controversies between the parties relating to said suit and Award be passed. 10. Unless orders are passed as prayed for petitioner will sustained loss with prejudice. 11. This application is made bona fide with interest of justice. Petitioner hence humbly prays Your Lordships with following orders: (a) Staying further proceedings in the above suit; (b) An Arbitrator be selected to settle the controversies emerged in the suit or otherwise in the arbitration proceedings; (c) Costs of this application become the costs in the arbitration proceedings; (d) Subsequent orders be passed and instruction be given as this Hon'ble Court may deem proper and fit. And petitioner, as in duty bound, shall ever pray. Verification (1) I being ……………………………….………. construction, and a principal officer and a Constituted Attorney. I know and I have made myself acquainted with the facts/circumstances of the case and I can depose thereto. I am competent to affirm and do hereby affirm and declare and verify on behalf of the petitioner. (2) The statements having in paragraphs 1 to 11 of above petition are true to my best knowledge basing on records kept by the petitioner and believed by me to be true. Solemnly affirmed on oath by the said Mr......... Pertaining to a Board Resolution dated ......... of construction India Private Ltd. in the Court of ………………………. on this ............. day of ………………. Deponent Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)
- NOTICE UNDER SECTION 11 OF ARBITRATION AND CONCILIATION ACT 1996
NOTICE UNDER SECTION 11 OF ARBITRATION AND CONCILIATION ACT 1996 Date………To M/s.......................................Address…………………………. Arbitration of controversies emerging under Contract No. 3 entered with us. Dear Sirs, You have entered Contract No……. with us undertaking to build office complex as per terms/conditions existing in said contract. You have not constructed building along with delivery of possession, which you had consented to build on our behalf. You have been paid advances and all your running bills by us, despite this; you are delaying the matter inordinately. Time being essence of the contract, you have not followed the time schedule. Some part of building you have built and consented for joint inspections were seen has defective and unsuitable for occupation. Despite requests you have neglected in completing the work. Due to contravention of this agreement we have suffered losses and these losses are continuing suffering each day. Our huge investment stands blocked. We have to pay interest to our Banker for the finance got in making payment to you. As Per clause No….. of said contract, there exist an agreement for referring the controversies by Arbitration to Mr. …………………………………………….., Advocate of ………………………………………………… Per enactments of section 11 of Arbitration and Conciliation Act 1996 we hereby serve you notice for approving the selection of Mr. ……………………………………………………………., Advocate, being Sole Arbitrator in the matter of differences and controversies which have emerge between the parties herein and the same be referred for adjudication to him. The said controversies are, inter alias, the following: (a) If the construction of Office complex per said Contract No……………….……. being according to the contract? (b) If the Building has been completed according to specification with terms/conditions of the contract? (c) If the contractor has handed over completed building (d) If we has sustained any loss/damages owing to breach of the terms/conditions of the contract by you? (e) What is the damage with indemnification which the employer bear right to get from the contractor? Please give your concurrence within ..days of receipt of this letter. Yours faithfully Signature Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)
- APPLICATION FOR INTERIM RELIEF UNDER SECTION 17
APPLICATION FOR INTERIM RELIEF UNDER SECTION 17 Before the Hon'ble Sole Arbitrator/Arbitral Tribunal In the Matter of Arbitration Between ......................................................................................... Claimants and ......................................................................................... Opposite Party. Application for Interim Relief under Section 17 of the Arbitration & Conciliation Act, 1996 The applicants/claimants above named beg to state as under:— 1. That the aforesaid arbitration proceedings were commenced pursuant to order dated .................……..of the Hon'ble Chief Justice appointing the Learned Arbitrator as the sole arbitrator in the present case. Statement of claims was filed by the claimants before this honorable arbitral tribunal on ----------------. The claim is for a sum of Rs ------------------- in exclusion to the pending elite interest and future interest. 2. That ever since the respondents have put in appearance, a lame and hyper-technical defense has been raised; and has been vigorously adhered to that this Hon'ble Arbitral Tribunal lacks jurisdiction to adjudicate the claims. 3. That the applicant/claimant has reason to say so in as much as the respondents are passing through a very grave financial crisis and due publicity has been given in a section of the press that the liabilities of the respondents far exceeds their assets. 4. That if during the pendency of the present arbitral proceedings the respondents are able to succeed in their endeavour, the petitioner will be left in the lurch, in case of an award being granted in its favour for which it has a very sanguine hope. 5. That in the circumstances it is absolutely necessary that the respondents be directed to furnish security by providing a fixed deposit receipts against the amount of claims of the claimants and to deposit the same with this Arbitral Tribunal otherwise these proceedings might be rendered futile. Significantly till date there has been no denial by the respondents on merits of the claims of the claimants. PRAYER Wherefore it is respectfully prayed that this Hon'ble Arbitral Tribunal may be pleased to direct the respondents to furnish security in the form of fixed deposits of like amount of the claims of the claimant/applicant with this Hon'ble Arbitral Tribunal during the pendency of these arbitral proceedings and as per the mandate of Section 17 of the Arbitration & Conciliation Act, 1996 in the interest of justice. ………………………………………………… Dated: ADVOCATE Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)
- PETITION UNDER SECTION 34 CHALLENGING THE AWARD
PETITION UNDER SECTION 34 CHALLENGING THE AWARD In the Court of District Judge, ……………………………. Regular Suit No. ________________of 20………………………. Mr………………………………………………………………......... Petitioner/Applicant: Vs. Mr. …………………………………………… Respondent/Opposite Party. The petition/application under Section 34 of the Arbitration and Conciliation Act, 1996 for setting aside of the award dated: — — -----------—,served on—_________________________, passed by CDF [Sole Arbitrator/Arbitral Tribunal Comprisin ………………………………............] in the case of ………….vs. ………………….., etc. Valuation: Court Fee: The petitioner/applicant above named begs to state as under:— 1. That……………………….... [Brief facts of the case inclusive of grounds of challenge in paragraph wise form] 2.That...... …………………3. That this Hon'ble Court has jurisdiction to hear this suit as the cause of action has accrued within the territorial jurisdiction of this Court. The valuation of the petition is Rs.......................... Upon which a court Fee of Rs……………………………………........ Is being paid herewith. PRAYER Wherefore, the petitioner/applicant prays for the following reliefs: The award dated ______________ passed by CDF may be set aside for the facts and Circumstances stated to in the present application/petition. OR Remit the matter to the arbitrator for reconsideration and adjudication in accordance with the provisions of the Arbitration and Conciliation Act, 1996. This Court may be further pleased to grant such other relief as it may deem just and proper in the facts and circumstances of this case. Award the cost of these proceedings. ……………………….Dated: Applicant. Through Advocate VERIFICATION I, ………………………………., the petitioner/applicant above named do hereby verify that the contents of paragraphs .................. to. ......................... are true to my personal knowledge, while those of paragraphs. …………………………... to ………………........ are based on legal advise and records. ………………………. DATED: Applicant. Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)
- APPLICATION FOR CANCELLATION OF ARBITRATION AGREEMENT
APPLICATION FOR CANCELLATION OF ARBITRATION AGREEMENT Before High Court of …………………………………………………..……….. Ordinary Original Civil Jurisdiction In the matter of Arbitration and Conciliation Act 1996 And In the matter of an application per section 7 of the said Act And ………………………………………………cotracter ………………………………Petitioner And M/s ……………………………………………. At…………………Respondent To The Hon'ble Mr. ........................................................................Chief Justice with his Companion Justices of the said Hon'ble Court The humble petition of the petitioner above-named most respectfully showeth: 1. Petitioner received on dated…………………….a notice dated……………..from respondent requesting the petitioner to select an arbitrator per alleged agreement of Arbitration contained in a Contract No. ….. dated ………………………………. 2. Petitioner states that the alleged agreement for referring controversies to arbitration was illegal and not binding on the petitioner, inter alias, for the following reasons: (a) ................................................ (b) ................................................ 3. Petitioner states that the subject-matter of the alleged controversies between the parties is within the power of Court at ……………. 4. Petitioner reasonably fears if the said agreement is permitted to remain outstanding future proceedings may be taken by respondent according to said notice or otherwise and in that eventuality your petitioner would be seriously prejudiced. 5. The subsistence and legality of the alleged Arbitration Agreement alleged to be passed by respondent have to be determined by this Hon'ble Court on presentation thereof by the respondent. 6. The respondent be instructed to present the alleged Arbitration Agreement before this Hon'ble Court for cancellation and scrutiny. 7. Unless orders are made as prayed for petitioner will sustain loss with prejudice. 8. This application is made bona fide with interest of justice. Petitioner hence humbly prays to Your Lordships for following Orders: (a) Instructing the respondent to present the Arbitration Agreement before this Hon'ble Court; (b) Declaring that the said Arbitration Agreement is illegal, void and ineffective; (c) Cancellation of alleged Arbitration agreement as null and void; (d) Instructing that the said notice dated .................being illegal, void and ineffective; (e) Stay order restraining the respondent from giving any effect or subsequent effect to the said notice; (f) Costs of this application be paid by the respondent; (g) Further Orders be passed and instructions be given as the Hon'ble Court may consider proper and fit to afford complete relief to petitioner. Signature of Advocate for the petitioner Signature of petitioner Verification (1) I being a Director of…………………………………………………..…….. Builders and a principal officer with a Constituted Attorney. I know and I have made myself acquainted with the facts/circumstances of the case and I am able to depose thereto. I am empowered and competent to verify and I do verify the above stated petition on behalf of …………………………………………………………………………Builders. (2) The statements in paragraphs 1 to 8 herein are true to my best knowledge basing on information got from records kept by petitioner ………… Builders. and believed by me to be true. Solemnly affirmed by said Mr.......................................pertaining to Board Resolution dated …………………..Builders. in the Court …………………………… this..................day of ……………………………….... Deponent Download Word Document In English. (Rs.40/-) Download PDF Document In Marathi. (Rs.30/-)
- APPLICATION FOR SETTING ASIDE AN AWARD
APPLICATION FOR SETTING ASIDE AN AWARD In the High Court at ……….. …………………………………………………..Original Civil Jurisdiction In the matter of: An application under section ……………………………………………... of the said Act And In the matter of: An Arbitration Agreement contained in Contract No………………………….. ….. dated ....................... And In the matter of: ……………………………………At……………………………Petitioner Versus 1. M/s…………………………………………………… at……………………….. 2. Mr. ……………………………………………….. Advocate,, ………………………………………… Respondents To The Hon'ble Mr.............................................Chief Justice and His Companion Justices of the said Hon'ble Court The petitioner named above most respectfully sheweth: 1. Per an under agreement dated............................... the petitioner undertook to build apartments on first respondent on consented specifications, terms/conditions with price. 2. Petitioner completed the work, got payment of the running bills, offered handing over of houses, apartments and guest houses and claimed payment of final bill. 3. The first respondent raised several flimsy objections for withholding payment of remaining bills. 4. Per arbitration clause in said agreement the parties herein that is the petitioner and respondent No. 1 selected respondent No. 2 as the sole arbitrator to settle and adjudicate all the controversies and disagreements, between the petitioner and the first respondent emerging out of the building work done by petitioner for the first respondent. 5. The disagreements and controversies emerged on ..................... and thereafter the same were referred to arbitration of respondent No. 2 on ....................... and respondent No. 2 entered into reference on .................. 6. After that various sittings were held and both the petitioner and the first respondent lead both documentary/oral evidence. 7. Respondent No. 2 passed his award on ……….................... notified the same to parties with a copy thereof on ......................... A copy of the Award is annexed hereto marked 'B'. 8. The said award being illegal and be quashed inter alias, the below reasons; (a) the said award deals with a controversies not stipulated by the parties; (b) the said award deals with a matter not coming within the terms of presentation to arbitration; (c) the said award having decisions on matters beyond the ambit of the presentation to arbitration. (d) the award does not deal with issue No. 5 raised and decided. 9. The controversies referred to respondent No. 2 for arbitration will appear from the statement of facts with counter statement of facts. Copies of those documents are enclosed hereto marked 'C' and ‘B’ respectively. 10. The parties raised various issues. after that respondent No. 2 decided these issues and the parties did not object. After the award is passed. It is found that award deals with issues not raised and the award evades deciding on issue No. 5 which was raised and decided by respondent No. 2. 12. Petitioner says that Award is bad in law. Factually said award is illegal and should be quashed. 13. Petitioner says that this Hon'ble Court will be pleased to check the Award with documents filed along with award and instruct further enquiry as may be compulsory and after that quashed the said award. 14. Unless orders are passed as prayed for herein petitioner will sustain loss with prejudice. 15. This application is made bona fide with interest of justice. Petitioner hence humbly prays Your Lordships for below orders: (a) The Award passed by respondent No. 2 on...............be quashed; (b) Costs of this application are paid by respondent No. 1; (c) Further orders be passed and instructions be issued which this Hon'ble Court may consider proper and fit; And petitioner as in duty bound shall ever pray. Signature of the Advocate for the petitioner Signature of the petitioner VERIFICATION 1. I being Director of Coimbatore construction and its Principal Officer and Constituted Attorney. I know and I have acquainted myself with the facts and circumstances of this case and I can depose thereto. I am empowered and competent to verify the aforesaid petition and I do verify the same on behalf of the petitioner. 2. The statements bearing in paragraphs 1 to 15 hereinabove are true to my best knowledge basing on information got from records kept by the petitioner company and I believe them to be true. Solemnly affirmed on oath by the said Mr. ..........................................pertaining to Board Resolution dated ............... of the …………………………………... in the Court House ………………………….. Deponent Download Word Document In English. (Rs.40/-) Download PDF Document In Marathi. (Rs.40/)
- AWARD BY PRESIDING ARBITRATOR AWARD
AWARD BY PRESIDING ARBITRATOR AWARD In the matter of Arbitration Between ……………………………………………………………………………………………. Mr……………………… …………………………………..………………………………………… MR……………………… ………………………….. Respondents). Whereas 1. The parties hereto entered into an agreement dated_________ (herein after referred to as the said Agreement) whereby it was consented that ________________(give the kind of the agreement) on such terms and conditions as given the said agreement. 2. Thereafter some controversies and differences have emerge between the said parties concurring interpretation of the some of the clauses of the said agreement and the parties referred their controversies to the arbitration of Mr...___________ and Mr..____________ vide arbitration agreement dated ____________. 3. The said two arbitrators before entering the reference selected me to act as umpire in the said arbitration in writing dated ________. 4. The counsel for the parties submitted their respective cases before the said two arbitrators and led documentary and oral evidence in support thereby. 5. The said two arbitrators controverted matters in, after taking into consideration the representation made by the counsel for the conclude parties and all documentary, and oral evidence as adduced by the parties. 6. The said two arbitrators severed a notice to me expressly dated ______ stating that they could not consent amongst themselves unanimously on an award and thence I entered on the reference. Now I, the umpire, on hearing the parties, on conisation matters and hearings, award and instruct as follows: 1. The respondents shall give to the claimant a sum of Rs. ________ due to the claimant due to __________ with an interest @ ___% till the date of payment and such sum shall be paid to the claimants within a period of ___ months from the date of this award, notice whereof is served to the parties. 2. The counter-claim made by the respondents against the claimant shall not be admissible. 3. We further inspect the respondents will pay to the claimant a sum of Rs.______by way of costs of this reference. 4. _____________________________(any other award given by the presiding arbitrator) 5. ______________________________(any other award given by the presiding arbitrator) I, authoriseMr….__________ advocate to file this award before the court and to take such further send be necessary for implementing this award. I have set my hands in the matters aforementioned between the parties this ______day of ________. Umpire Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)
- Agreement for Reference to Arbitration between Partners
Agreement for Reference to Arbitration between Partners An Agreement made the day……….of…………between A of……..(partner No.1) AND B of……………..(partner No.2) AND C of…….(partner No.3) Where as disputes have arisen between the aforesaid partners in connection with the affairs of the partnership which the said partners have not been able to adjust mutually, and Where as the partners have agreed to refer the said disputes to the arbitration of one sole arbitration (or three arbitrators one to be appointed by each partners) whose award shall be final and binding on the said partners, and Where as the partners have agreed that accounts of the partnership shall be properly scrutinized, rendered and settled between the said partners and the partnership to be dissolved from such date as he arbitrator (or arbitrators) shall deem fit. Now it is hereby Agreed between the abovementioned partners as follows: 1. That Shri……………………………………….shall be the sole arbitrator. OR That Shri…………..has been appointed as an arbitrator on his behalf by partner No.1 and Shri………………has been appointed as an arbitrator by partner No.2 and partner No.3 has appointed Shri……………..as an arbitrator on his behalf. 2. That the arbitrator (or arbitrators) shall take into their possession the books and documents of the partnership and shall be responsible for the safe custody thereof. 3. That the arbitrator (or arbitrators) shall record and keep the minutes of the proceedings of arbitration and take notes of evidence of such witnesses as may be produced by any of the parties to this agreement or which the arbitrator or arbitrators shall deem fit to examine and such evidence shall taken on oath. 4. The arbitrator (or arbitrators) shall be entitled to appoint or obtain the services of an accountant or munim or such other persons as may be well-versed in examining accounts of the partnership and shall also be entitled to take opinion of counsel on any matter arising in the course of proceedings. 5. The cost of the partners and their witnesses attending the arbitration proceedings and award shall be paid out of the partnership assets unless the arbitrator (or arbitrators) shall be of the opinion that costs have been wantonly and unnecessarily incurred by or on behalf of a partner wishing to delay proceedings or causing loss to the partnership. In Witness Whereof the partners aforesaid have signed this agreement of reference is token of acceptance thereof. Witness Partner No.1……………….. Witness Partner No.2……………… Witness Partner No. 3……………. Download Word Document In English. (Rs.15/-)













