Arbitral Award Remitting a Former Award to the Sole Arbitrator for Reconsideration (India)
This template is used by a sole arbitrator to issue a new award after a High Court has remitted a previous award back to them for reconsideration. It allows the arbitrator to specify necessary amendments while confirming the remaining parts of the original decision.
Arbitral award on former award being remitted to Arbitral Tribunal of sole arbitrator for reconsideration
[TO ALL to whom these present shall come greeting:]
WHEREAS by an order of the High Court made the __________ day of _________ it was ordered that my award dated the ___________ day of _________ should be referred back to me to reconsider and amend the same.
NOW I ________________________ [insert the name of arbitrator] having reconsidered my said award [or, where further evidence has been adduced having taken upon myself the burden of this further reference and having heard and duly considered the allegations and evidence further made and adduced by the said parties] hereby award and direct that the following amendments be made in the said award dated the _______________ day of ________________ that is to say [state the amendments to be made].
AND in all other respects I confirm my said award made in the matter of this reference and dated the _________ of ____________.
AS WITNESS etc.
[Signature of arbitrator]
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About this template
What is this template?
This is a formal arbitral instrument used in the Indian legal system to send a previously issued award back to the arbitrator. It is not an initial award or a settlement agreement, but a procedural order directed by a court or through legal challenge to rectify specific deficiencies.
When should you use it?
Use this when a court finds that an arbitral award contains errors that can be cured by the arbitrator rather than the award being set aside. Use an Application to Set Aside an Arbitral Award instead if you wish to terminate the award's validity entirely.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 1 | Background of Dispute | Summarizes the original dispute and the subsequent issuance of the previous award that is now being remitted. |
| 2 | Reason for Remission | Specifies the legal or procedural grounds under Section 34 of the Arbitration and Conciliation Act for returning the matter to the arbitrator. |
| 3 | Scope of Reconsideration | Identifies the specific issues, findings, or clerical errors that the sole arbitrator is directed to address during the reconsideration period. |
| 4 | Timeframe for New Award | Sets a deadline for the arbitrator to complete the reconsideration and issue the revised arbitral award. |
Who it's for
- an Indian court remitting an arbitral award back to a sole arbitrator
- parties in an Indian arbitration seeking to cure defects in an award without setting it aside entirely
How long it runs and how it's signed
Law it's drafted under
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