Application for Setting Aside an Arbitral Award (India) by OLL
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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.
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This document is a formal application used to request that a court set aside or quash an arbitral award. It is typically utilized when a party believes an arbitrator has exceeded their jurisdiction or failed to address specific issues raised during the arbitration process.
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About this template
What is this template?
This is a formal court petition for use in Indian High Courts to invalidate an arbitration award. It is not a notice of arbitration or a commercial contract, but a post-award judicial filing. It specifically contains sections for identifying the sole arbitrator (Respondent No. 2) and annexing the statement of facts marked as 'C'.
When should you use it?
Use this when an arbitrator has decided on matters not submitted to them or failed to decide on a specific issue like 'issue No. 5'. Use an 'Appellate Brief' instead if you are appealing a court's judgment rather than setting aside an arbitral award.
What's inside
| Clause | Name | What it does |
|---|---|---|
| Paragraph 4 | Arbitration Agreement Reference | Identifies the specific building work contract and the selection of Respondent No. 2 as the sole arbitrator for the dispute. |
| Paragraph 8 | Grounds for Quashing | Lists specific legal grounds including the award dealing with matters beyond the ambit of presentation to arbitration. |
| Paragraph 11 | Omission of Issues | Claims the award is defective because it evades deciding on issue No. 5 which was raised during proceedings. |
| VERIFICATION | Verification | A Director or Constituted Attorney affirms the facts are true based on records and a Board Resolution. |
Who it's for
- a petitioner in India seeking to challenge an arbitrator's decision in High Court
- a construction company director verifying a petition based on a specific Board Resolution
- legal counsel filing under the Original Civil Jurisdiction of an Indian High Court
How long it runs and how it's signed
Law it's drafted under
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