Referring a Dispute to an Arbitrator (India)
This template is an arbitration agreement used to refer existing disputes or differences between two parties to a named arbitrator for a final and binding decision. It outlines the arbitrator's powers, the timeline for the award, and confirms that the process will follow the Indian Arbitration and Conciliation Act, 1996.
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About this template
What is this template?
This is a formal notice used to initiate arbitration proceedings and is not a court filing or a final settlement. It contains specific placeholders for the date of the original agreement and a summary of the disputed matters.
When should you use it?
Use this document when a contract breach or disagreement occurs and the agreement requires resolution through arbitration rather than litigation. Use a Statement of Claim instead if the arbitration has already commenced and you are filing formal pleadings.
What's inside
| Clause | Name | What it does |
|---|---|---|
| Body | Notice of Referral | Invokes the arbitration clause from a primary agreement to resolve specifically described disputes. |
| Paragraph 1 | Arbitration Agreement Reference | Identifies the specific underlying contract and the date it was executed by the parties. |
| Paragraph 2 | Description of Dispute | Provides a placeholder for the claimant to detail the nature of the disagreements and claims. |
Who it's for
- a party in India seeking to initiate arbitration proceedings under a pre-existing contract
- legal practitioners drafting a formal notice of arbitration to an opposing party
- businesses needing to satisfy the statutory requirement of notice before appointing an arbitrator
How long it runs and how it's signed
Law it's drafted under
Frequently asked questions
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