Agreement to Refer a Dispute to One Arbitrator (India) by OLL
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Agreement to Refer Dispute to One Arbitrator
(Usual Form)
This Agreement made on the …day of …between AB, etc. AND CD, etc.
Whereas
1. AB has made the following claims against CD;
1. . …
2. …
3. …
4.
2. CD does not admit the said claims of AB.
3. Dispute have arisen between the parties hereto respecting these claims; and
4. The parties aforementioned agree to refer the said disputes to arbitration.
Now It Is Agreed Between The Parties Hereto as follows:
1. All the matters in dispute relating to the claims of CD are referred to the final determination and award of OP as arbitrator.
2. For the purpose of final determination of the disputes aforesaid, the arbitrator may take such evidence and make such enquiries, as he deems proper. He may proceed ex parte in case any party fails to attend before him after reasonable notice. However, he cannot embark upon any secret enquiries for this purpose behind the back of the parties.
3. The provisions of the Arbitration & Conciliation Act, 1996, so far as applicable and as are not consistent or repugnant to the purposes of this reference shall apply to this reference to arbitration.
4. Both the parties agree that they would co-operate and lead evidence before the arbitrator.
5. The parties hereto agree that this reference to arbitration would not be revoked by death of either party or for any cause.
6. The award of the arbitrator shall be binding on the parties their heirs, executors and legal representatives.
7. The parties hereto agree that within one months of the passing of award, the said award shall be filed in the court and a decree obtained in the terms of the award.
8. The cost of this reference shall be in the discretion of the arbitrator.
In Witness Whereof the parties hereto have signed this agreement on the day and year first written above.
……………………..… (Sd.)
(AB)
……………………..… (Sd.)
(CD)
This template is a formal agreement between two parties to resolve an existing dispute through a single arbitrator. It outlines the arbitrator's powers to gather evidence and conduct hearings, while ensuring the final award is legally binding and enforceable in court under Indian law.
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About this template
What is this template?
This is an arbitration submission agreement for an existing dispute, not an arbitration clause for a future contract. It contains specific procedural rules for ex parte proceedings and a requirement to file the award in court within one month.
When should you use it?
Use this when a dispute has already arisen and both parties agree to appoint one specific person to resolve it, instead of using a standard multi-arbitrator clause.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 1 | Reference to Arbitrator | Submits all matters in dispute relating to the claims of the parties to the final determination and award of a named arbitrator. |
| 2 | Powers of the Arbitrator | Authorises the arbitrator to take evidence, make enquiries, and proceed ex parte if a party fails to attend after reasonable notice. |
| 3 | Statutory Framework | Applies the provisions of the Arbitration & Conciliation Act 1996 to the reference where they are not repugnant to the agreement. |
| 5 | Non-revocation by Death | Ensures the reference to arbitration remains valid and is not revoked by the death of either party. |
| 7 | Filing of Award | Obliges the parties to file the award in court within one month of its passing to obtain a decree. |
| 8 | Costs | Places the cost of the arbitration reference within the sole discretion of the arbitrator. |
Who it's for
- parties in India who wish to resolve specific existing claims through a single arbitrator rather than litigation
- legal representatives seeking to formalise a reference to arbitration under the Arbitration & Conciliation Act 1996
How long it runs and how it's signed
Law it's drafted under
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