Special Case on a Question of Law in a Building Contract Reference (India) by OLL
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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.
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.
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About this template
What is this template?
This is a statement of case submitted by an arbitrator to a civil court. It is not an arbitration award or a witness statement, but a specialized procedural filing that contains the relevant facts, the contested evidence marked as 'M. N. 1', and the specific question for the judge.
When should you use it?
Use this when an evidentiary or legal dispute arises during a building contract arbitration that requires a court's interpretation before the arbitrator can calculate the final price. Use an 'Application for Interim Measures' instead if you are seeking an immediate injunction rather than a ruling on a point of law.
What's inside
| Clause | Name | What it does |
|---|---|---|
| Recital 3 | Reference to Arbitration | Confirms that a sole arbitrator was appointed to resolve disputes arising from the original building contract for the house at a specific site. |
| Recital 4 | The Dispute of Evidence | Records the Claimant's request to admit correspondence from a different contract dated on a specific day and the Respondent's objection to it. |
| The Question | The Question for Decision | Formulates the specific legal inquiry for the court regarding whether the arbitrator must regard the annexed correspondence when calculating the final amount due. |
Who it's for
- an arbitrator in India seeking a court ruling on the admissibility of evidence from a related building contract
- parties to a construction dispute in India where a point of law prevents the arbitrator from reaching a final award
How long it runs and how it's signed
Law it's drafted under
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