Special Case on a Question of Law in a Building Contract Reference (India)
This template is used to refer a specific legal question to a court during an ongoing arbitration process related to a building contract. It allows an arbitrator to seek a judicial decision on whether certain evidence, such as external correspondence, should be considered when calculating payments.
Special case on question of law arising during reference of differences under building contract
In the Matter of an Arbitration between [parties] and In the Matter of the Arbitration and Conciliation Act, 2015
Special Case
THIS is a special case stated for the decision of the court [pursuant to an order of [the Honourable Mr. Justice ______________] dated ________ ] in accordance with section 8 of the Arbitration and Conciliation Act, 2015.
By a contract in writing (annexed hereto and marked M. N. 1) dated the ______ day of _________, made between [claimant] (hereinafter called the claimant) and [respondent] (hereinafter called the respondent) the claimant agreed to build for the respondent and the respondent agreed to pay for a house to be built on certain land of the respondent at _________ [place] in accordance with a specification and plans in the said contract referred to at a price of Rs._______ or such other sum as should become payable in accordance with the conditions of the said contract.
One of the conditions of the said contract was that any dispute that might arise between the parties should be referred to arbitration and a dispute did arise and was referred to me as sole arbitrator.
At the hearing before me it was contended on behalf of the claimant that in calculating the amount due under the said contract I ought to have regard to certain correspondence between the parties relating to a contract dated the ________ day of ________ for another house being built by the respondent for the claimant on the adjoining site but having heard the objection of the respondent I declined to admit such correspondence as evidence. A bundle containing the said correspondence is annexed hereto and marked ______.
THE QUESTION for the decision of the court is:
Whether or not in calculating the amount due I ought to have regard to the said correspondence.
AS WITNESS etc.
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About this template
What is this template?
This is a formal legal filing used within an ongoing arbitration to seek a court's ruling on a specific point of law. It is not a final award or a standard civil complaint, but a procedural bridge between arbitration and the judiciary. It contains specific sections for the agreed facts and the formulated legal question.
When should you use it?
Use this when a building contract dispute hinges on a complex interpretation of Indian law that the arbitrator cannot resolve without court guidance. Use a Statement of Claim instead if you are initiating the arbitration itself rather than seeking a mid-process legal opinion.
What's inside
| Clause | Name | What it does |
|---|---|---|
| Recitals | Recitals of Reference | Names the parties and identifies the specific building contract and arbitration agreement that gave rise to the legal dispute. |
| Paragraph 1 | Statement of Facts | Sets out the material facts found by the arbitrator or agreed by the parties which are necessary for the court to decide the question of law. |
| Paragraph 2 | The Question of Law | States the precise legal question, such as the interpretation of a specific contract clause, for the court's opinion. |
| Paragraph 3 | Arbitrator's Findings | Details the provisional findings made in the arbitration and explains why a judicial determination of law is required to proceed. |
Who it's for
- an arbitrator in India seeking a court opinion on a specific legal interpretation during building contract proceedings
- parties to an Indian construction dispute wishing to resolve a threshold legal issue via a Special Case
- legal practitioners drafting a formal reference under the Arbitration and Conciliation Act 1996
How long it runs and how it's signed
Law it's drafted under
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