Agreement of Reference to a Common Arbitrator (India)
This template is used by two parties to formally agree to refer a dispute regarding the management of their partnership business to a single, mutually appointed arbitrator. It outlines the appointment of the arbitrator and defines the scope of the arbitration based on the existing partnership deed.
Agreement of Reference to a Common Arbitrator
This deed of agreement made on this ____ day of ________, 2000, between:
1. Mr. RN, aged about __ years s/o Mr. PT, r/o _________________, hereinafter called the 1st party.
2. Mr. KK, aged about __ years s/o Mr. PT, r/o ________________, hereinafter called the 2nd party.
Whereas first and second parties have some dispute regarding management of the partnership business, being run by the parties. And whereas both the parties are agreed upon to refer the dispute to one arbitrator duly appointed by the both parties.
Now This Deed of Agreement Witnesses as Under: -
1. That both the parties have agreed upon to appoint Mr. SB s/o Mr. KM r/o ______________________ as arbitrator.
2. That both the parties appoint Mr. SB as arbitrator.
3. That the arbitrator will go through the partnership deed and decide the dispute between the parties under the provision of the partnership deed.
4. That this deed shall be confined only upto the dispute of the management of the firm.
Witnesses:
1. Name……………. Sd/-……………………
Address…………. 1st party……………..
2. Name……………. Sd/-………..
Address…………. 2nd party…………………..
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About this template
What is this template?
This document is a submission agreement where parties jointly appoint a single individual to resolve a specific dispute. It is not a broad arbitration clause found within a larger contract, but a standalone agreement created after a dispute has already emerged. It contains specific powers for the arbitrator to examine witnesses and demand document production.
When should you use it?
Use this when a dispute exists and both sides agree to use a specific person to settle it instead of going to court. Use an Arbitration Clause instead if you are currently drafting a main contract and want to pre-agree on how future disputes will be handled.
What's inside
| Clause | Name | What it does |
|---|---|---|
| Introduction | Recitals of Dispute | Names the parties involved and describes the specific nature of the differences or disputes that have arisen between them. |
| Clause 1 | Reference to Arbitrator | Formally refers all matters in difference between the parties to the final determination and award of the named Arbitrator. |
| Clause 2 | Production of Documents | Obliges parties to produce all books, deeds, papers, and writings related to the matters in difference as required by the Arbitrator. |
| Clause 3 | Examination of Parties | Permits the Arbitrator to examine parties and witnesses under oath or affirmation regarding the dispute. |
| Clause 4 | Costs of Reference | Grants the Arbitrator discretion to determine who shall pay the costs of the reference and the award. |
| Clause 5 | Finality of Award | States that the parties agree to abide by the award made by the Arbitrator as final and binding. |
Who it's for
- parties in India seeking to resolve a private commercial dispute without litigation
- business partners who have reached an impasse and agree to a single arbitrator
- litigants wishing to stay court proceedings in favor of private arbitration
How long it runs and how it's signed
Law it's drafted under
Frequently asked questions
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