Arbitral Award on Validity of a Covenant in Restraint of Trade (India) by OLL
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ARBITRAL AWARD ON DISPUTE AS TO VALIDITY OF COVENANT IN RESTRAINT OF TRADE
[Reciting that by an assignment made the _______ day of ___________
Between
______________________________ (insert name, address etc. of party) of the one part
AND
________________________ (insert name, address etc. of party) of the other part the said (ONE PARTY) assigned (inter alia) the goodwill of the business of _________ theretofore carried on by him at ________ Street in [the City of] unto the said ( OTHER PART ). and thereby covenanted that he would not [recite the covenant shortly] And reciting that the said ( ONE PARTY ). contended that the said covenant was unreasonable and void and had commenced to carry on business at ______________ in [the City of] in breach of the terms thereof And reciting agreement to refer question of the validity of the said covenant and all other questions between the parties to arbitration.] Now I do find and adjudge that the hereinbefore recited covenant is having regard to the nature and extent of the business heretofore carried on by the said (ONE PARTY) reasonably necessary for the protection of the goodwill as assigned as aforesaid and is valid and I direct that the said (ONE PARTY) do forthwith cease to carry on the said business so commenced by him in breach of such covenant and I assess the damages in respect of the continuing breach thereof up to the date of this my award at the sum of Rs. ___________ And I direct payment of the said sum of Rs. _________ to be made to the said (OTHER PART). at the office of his solicitor __________ in _______ within one month of the date hereof.
This template provides a formal arbitral award concerning a dispute over a covenant in restraint of trade under Indian law. It outlines the arbitrator's decision on whether a non-compete clause is reasonable and valid, including directions for the breaching party to cease operations and pay assessed damages.
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About this template
What is this template?
This is an arbitral award, not a contract between the parties. It contains a specific adjudication on the reasonableness of a non-compete clause and a direct order for the cessation of business activities. It is not an agreement to arbitrate or an employment contract.
When should you use it?
Use this template when an arbitration process has concluded and a formal decision is required to enforce or invalidate a non-compete clause. Use an Arbitration Agreement if the parties are only just agreeing to refer their dispute to a third party.
What's inside
| Clause | Name | What it does |
|---|---|---|
| Introduction | Recital of Assignment | Identifies the underlying transfer of business goodwill and the specific non-compete covenant being challenged by one party. |
| Now I do find and adjudge | Finding on Validity | States the arbitrator's conclusion that the covenant is reasonably necessary and valid given the nature of the business. |
| I direct | Injunctive Direction | Orders the breaching party to immediately cease carrying on the competing business at a specific location. |
| I assess | Assessment of Damages | Quantifies the damages in Rupees for the breach and sets a one-month deadline for payment to the solicitor's office. |
Who it's for
- an arbitrator resolving a dispute over the enforceability of a non-compete clause in a business sale
- parties in India seeking a formal award regarding a breach of a covenant in restraint of trade
- legal practitioners drafting an award following an assignment of goodwill and a subsequent breach of restrictive covenants
How long it runs and how it's signed
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