Arbitral Award by Two Arbitrators in a Building Alterations Dispute (India) by OLL
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Arbitral award by two arbitrators under clause for reference of future differences in agreement for making alterations and repairs
In the Matter of an Arbitration between [parties]?THIS IS THE AWARD of us ___________________________ [insert the name, address etc. of first arbitrator] and _____________________________________[insert the name, address etc. of second arbitrator] made the _____ day of ______.
WHEREAS:
By an agreement dated the ________ day of _______ and made between [insert the name, address etc. of owner] of the one part and [insert the name, address etc. of contractor] of the other part the said [contractor] in consideration of the sum of Rs. ____________ to be paid to him as hereinafter mentioned agreed with the said [owner] that he the said [contractor] at his own proper expense would on or before the _______ day of ________ in a complete and workman like manner and with good and substantial materials of all sorts make the several alterations repairs and improvements to a dwelling-house known as [name] and situate at [place] and in such manner as therein is more particularly mentioned and set forth in consideration whereof the said [owner] agreed to pay to the said [contractor] the sum of Rs. _________ in manner following (that is to say) the sum of Rs. __________ part thereof on the _________ day of _________ then next ensuing and the sum of Rs. __________ residue thereof within fourteen days next after the said dwelling-house should be completely repaired and altered in manner therein before mentioned. And it was thereby mutually agreed that if any dispute should arise between the said parties relating to the performance of the said agreement the same should be left to the decision of two indifferent persons as arbitrators the one to be named by the said [owner] and the other by the said [contractor] or to an umpire to be chosen by the said arbitrators. ?
The said [contractor] has made such alterations repairs and improvements to the said dwelling-house pursuant to the said agreement and has received from the said [owner] the sum of Rs. _________ being the first payment mentioned in the said agreement.
Disputes have since arisen touching the repairs made as aforesaid and the same have been referred to us the said [first arbitrator] and [second arbitrator].
[Third Arbitrator] who was duly appointed Presiding Arbitrator duly provided over the arbitral proceedings.
NOW BE IT KNOWN that we the said [first arbitrator] and [second arbitrator] hereby award as follows that is to say:
That the sum of Rs. _______ shall be deducted from the said sum of Rs.___________ so remaining to be paid to the said [contractor] as aforesaid.
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This template provides a formal arbitral award issued by two arbitrators to resolve a dispute involving building repairs and alterations. It outlines the deduction of costs, the final balance due to the contractor, and instructions for the division of arbitration expenses and mutual releases between parties.
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About this template
What is this template?
This is a final arbitral award issued by a panel of two arbitrators following a construction dispute. It is not an arbitration agreement or a court judgment, but a binding decision that calculates a final debt in Rupees (Rs.) and settles the allocation of tribunal costs. It specifically includes provisions for a 'Presiding Arbitrator' and a requirement for 'mutual release' documents upon payment.
When should you use it?
Use this template when two arbitrators have concluded proceedings regarding building alterations and need to issue their final decision. Use a Consent Award template instead if the parties have reached their own settlement during the proceedings.
What's inside
| Clause | Name | What it does |
|---|---|---|
| WHEREAS | Recitals of Agreement | Recites the original repair agreement including the consideration of a specific sum of Rs. and the timeline for completion. |
| WHEREAS | Arbitration Reference | Confirms the dispute arose under a mutual agreement to refer performance issues to two arbitrators or a chosen umpire. |
| NOW BE IT KNOWN | Award of Deductions | Specifies a specific sum in Rs. to be deducted from the remaining balance owed to the Contractor. |
| NOW BE IT KNOWN | Final Payment Order | Directs the Owner to pay the Contractor a specific balance of Rs. at a designated time and place. |
| NOW BE IT KNOWN | Arbitration Expenses | Orders both parties to pay arbitration charges in equal moieties and settles the arbitrators' costs at a fixed Rs. amount. |
| NOW BE IT KNOWN | Mutual Release | Requires parties to execute mutual releases in writing upon final payment if requested by either party. |
Who it's for
- arbitrators resolving a dispute over the quality or cost of building repairs in India
- a contractor seeking a formal order for payment of a remaining balance via arbitration
- a property owner requiring a documented deduction for incomplete or poor workmanship
How long it runs and how it's signed
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