Petition for Appointment of a Sole Arbitrator (India) by OLL
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PETITION FOR APPOINTMENT OF A SOLE ARBITRATOR
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This template is used to file a petition before an Indian High Court for the court-appointed selection of a sole arbitrator when parties cannot agree on one. It is specifically designed for situations where a contract dispute has arisen, an arbitration clause exists, and one party has failed to respond to a notice for appointment.
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About this template
What is this template?
This is a formal legal application to an Indian High Court, not a private contract or a notice of dispute. It contains specific sections for the Petitioner's business reputation, the specific apartment construction dispute, and a formal Verification by a Constituted Attorney.
When should you use it?
Use this filing when a counterparty ignores a notice to appoint an arbitrator and you require a court order to commence proceedings. Use a Notice of Arbitration instead if you are still in the initial stage of requesting the other party's cooperation without court involvement.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 4 | Arbitration Agreement Reference | Cites the existing contract clause requiring all controversies and disagreements to be referred to a party-selected Arbitrator. |
| 5 | Notice of Selection | Confirms the Petitioner previously requested the Respondent to approve a specific Advocate as the sole Arbitrator via a formal notice. |
| 6 | Jurisdictional Statement | Asserts the High Court's jurisdiction based on the Respondent's business address and the location where the failure to approve occurred. |
| Prayer | Prayer for Relief | Requests the Court select a fit person as sole Arbitrator and order that application costs become part of the arbitration proceedings. |
| VERIFICATION | Verification | Requires a Director or Principal Officer to affirm the petition's contents are true based on company records and a specific Board Resolution. |
Who it's for
- a construction company in India whose client refuses to pay final bills or appoint an agreed arbitrator
- a party seeking High Court intervention under Section 11 of the Arbitration and Conciliation Act
- a petitioner whose contract requires arbitration but lacks a mechanism for deadlocked arbitrator selection
How long it runs and how it's signed
Law it's drafted under
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