Award Made on a Reference by the Court (India)
This document is a formal template for an arbitrator to issue a decision, or award, in a dispute that has been referred to them by a court. It provides the necessary structure to identify the court order, the parties involved, and the specific findings or resolutions reached during the arbitration process.
Award (Made on Reference by Court)
In The Matter of an Arbitration between AB, etc. and CD, etc., WHEREAS in pursuance of an order of reference made by the court of ………………and dated the…………following matter in difference between AB and CD has been referred to me (us) for determination, namely…………..
NOW I, we having duly considered the matter referred to me (us) hereby make my (our) award as follows:
1. (We) award……..
i. ………………….
ii. …………………
……………………..…(Sd.)
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About this template
What is this template?
This is a formal legal instrument used by an arbitrator to record a final decision in a dispute referred by a court. It is not a private arbitration agreement or a settlement deed, but a quasi-judicial determination. It contains specific sections for court reference details and the reasoned findings required for enforceability under Indian law.
When should you use it?
Use this template when a court has stayed a civil suit and referred the parties to arbitration, and the arbitrator is ready to issue a final ruling. If the parties have reached their own agreement during the process, use a Consent Award instead.
What's inside
| Clause | Name | What it does |
|---|---|---|
| Introduction | Recitals | Describes the underlying litigation and the specific court order that referred the dispute to arbitration. |
| Issues | Points for Determination | Lists the specific legal and factual questions the arbitrator must resolve to decide the case. |
| Analysis | Findings and Reasons | Sets out the arbitrator's evaluation of the evidence and the legal basis for the final decision. |
| Operative Part | Award | States the final decision on the claims, including the specific sum of money or performance required. |
| Expenses | Costs | Allocates the responsibility for arbitration fees and legal expenses between the parties. |
Who it's for
- an arbitrator appointed by an Indian court to resolve a pending civil suit
- legal practitioners drafting a formal award under the Arbitration and Conciliation Act 1996
- parties in India seeking a formal record of an arbitral decision originating from court proceedings
How long it runs and how it's signed
Law it's drafted under
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