Various Recitals of Remission of an Arbitral Award (India) by OLL
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VARIOUS RECITALS OF REMISSION OF ARBITRAL AWARD
AND WHEREAS at the request of the parties I stated my award in the form of a special case for the decision of the High Court.
AND WHEREAS my award was remitted to me to give effect to the answer of the court on question [(b)] [and to deal with the costs of the hearing before the arbitrators, subject to this, that the amount of __________ not having been challenged before the court remains as found by me in the case, namely the amount of Rs._________ [and to deal with the amount of interest] and with leave to appeal with the time extended to six weeks if necessary.
AND WHEREAS no appeal was entered and the parties by counsel appeared before me on the ________ day of __________
AND WHEREAS my award was remitted to me to reconsider the fees awarded in the light of the judgment of the court.
This template provides various legal recitals for an arbitrator when an award has been remitted back to them by a court for reconsideration. It includes standard language for addressing court decisions on specific questions, fee adjustments, and costs after a high court review.
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About this template
What is this template?
This document is a collection of recitals for a supplemental or revised arbitral award. It is not the substantive award itself but provides the necessary introductory text to explain why the award is being reissued.
When should you use it?
Use this when a High Court has sent an award back to an arbitrator for reconsideration of specific points like fees or costs. Use an Arbitral Award template for the full substantive decision instead.
What's inside
| Clause | Name | What it does |
|---|---|---|
| Recital 1 | Special Case Statement | Records that the arbitrator stated the original award as a special case for a High Court decision at the parties' request. |
| Recital 2 | Court Answer Implementation | Obliges the arbitrator to give effect to the court's answer on specific questions while maintaining unchallenged amounts in Rupees. |
| Recital 2 | Cost and Interest Determination | Permits the arbitrator to deal with hearing costs and interest amounts as directed by the remitting court. |
| Recital 4 | Fee Reconsideration | Directs the arbitrator to reconsider their own awarded fees in light of the specific judgment issued by the court. |
Who it's for
- an arbitrator in India updating an award following a High Court remission order
- legal practitioners drafting a revised arbitral award that must implement specific court answers on costs or interest
How long it runs and how it's signed
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