Referring a Dispute to an Arbitrator (India) by OLL
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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 submission agreement to arbitration, which is used after a dispute has already arisen. It is not an arbitration clause within a larger commercial contract, but a standalone document naming a specific individual as the arbitrator.
When should you use it?
Use this when you have an existing dispute under a prior agreement and both parties agree to appoint a specific person to resolve it. Use a standard 'Arbitration Clause' instead if you are drafting the original commercial contract before any dispute exists.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 1 | Reference to Arbitrator | Refers all controversies concerning the interpretation of the original agreement to the award of the named arbitrator, Shri [Name]. |
| 2 | Arbitrator Powers | Grants the arbitrator power to take evidence, administer oaths, and conduct ex-parte hearings if a party fails to attend. |
| 2 | Award Deadline | Requires the arbitrator to pass an award within a specified number of months or the agreement becomes a nullity. |
| 2 | Fees and Expenses | Sets an arbitrator fee of a specific Rupee amount to be shared between the parties as determined by the arbitrator. |
| 4 | Legal Framework | Establishes that the submission is based on the Arbitration and Conciliation Act, 1996. |
| 5 | Filing of Award | Obliges the filing of the award in court within one month of signing to obtain a formal decree. |
Who it's for
- parties to a goods supply agreement who disagree on the interpretation of specific clauses
- businesses in India seeking to resolve a dispute through a private named arbitrator rather than litigation
- contractors wishing to convert an informal dispute into a formal arbitration process under the 1996 Act
How long it runs and how it's signed
Law it's drafted under
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