Arbitration Drafts

THIS AGREEMENT made at………………on this………………….day of………….20………between X Y Co. Ltd.., a company incorporated under the Companies Act, 1956 and having its registered office at hereinafter referred to as "the Company" (which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include its successors and assigns) of the ONE PART and Shri A, son of B resident of ……………hereinafter referred to as "the Contractor" (which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include his successors, executors, administrators, legal representatives or assigns) of the OTHER PART.   WHEREAS   (1)The company and the contractor have entered into an agreement under which the contractor had undertaken to do certain works for the company   (2)The contractor has done some works for the company and made certain claims for the said works, which the company did not admit.    (3) The contractor has suggested to the company to refer the matter of disputes to the sole arbitration of Shri…………….. which the company has agreed in its Board's meeting held on ……………authorised Shri……………………..its General Manager (Commercial) to enter in to- this agreement for making reference on behalf of the company.   NOW THIS AGREEMENT WITNESSES AS FOLLOWS:   (1) The parties agree that all matters in difference, disputes and controversies between the parties hereto shall be referred to the sole arbitration of Shri . ......................   (2) The parties agree that they would cooperate and submit all books, papers, accounts, vouchers, writings and documents within their possession or control, which the arbitrator may require and call for, relating to the matters referred to arbitration. The parties shall also be entitled to adduce documentary or oral evidence as they may think fit by such date as the arbitrator may appoint or whenever permitted by the arbitrator to do so thereafter. The arbitrator shall make a record of the oral evidence adduced by the parties and submit the same along with the documentary evidence, produced by the parties or their witnesses to the court at the time of filing the award.   (3)The arbitrator shall enter upon the reference on or about.........   (4) The fee of the arbitrator shall be Rs …………………….per hearing but in no case fee will exceed Rs …………………..for the entire proceeding.   (5)The arbitrator shall make his award within, three months or such extended time as may be decided by him, with the consent of the parties from the date of entering on the reference. (6) If any party after reasonable notice, shall at any time neglect or refuse to attend on the reference, the arbitrator may proceed ex parte.   (7)The arbitrator may appoint an expert or counsel and take his opinion for determination of any matter arising in the matter and act on his, or their advice.   (8)The cost of and incidental to the reference and award respectively shall be in the discretion of the arbitrator, who may determine the amount thereof, or direct the same to be taxed as between party and party and shall direct by whom and to whom and in what manner the same shall be borne and paid.   (9) This submission shall be deemed to be a submission to arbitration within the meaning of the Indian Arbitration and Conciliation Act, 1996 or any statutory modification thereof.   (10)The award of the arbitrator shall be final and binding on the parties and shall not be set aside except on the ground of fraud or collusion. (11)If the arbitrator refuses or neglects to attend or act in the arbitration, any party may apply to the court for the appointment of an arbitrator in his place after giving one week's notice to the other party.   (12) None of the parties shall prosecute or bring any action against the arbitrator concerning the matter referred to arbitration   IN ITNESS WHEREOF the parties hereto have affixed their signature in the presence of witnesses on the day and year first hereinabove written.     WITNESSES 1 Signed and Delivered by X Y Co. Ltd. by the hand of Shri……………………..duty authorised official 2. Signed and delivered by A

THIS AGREEMENT made at………………on this………day of…….20 ………between A, son of B, resident of…………………..hereinafter referred to as "the party of the FIRST PART" (which expression shall unless it be repugnant to the context or meaning thereof include his heirs, executors, administrators, legal representatives and assigns) and C, son of D, resident of…………....hereinafter referred to as "the party of the SECOND PART" (which expression shall unless it be repugnant to the context or meaning thereof include his heirs, executors, administrators, legal representatives and assigns).-   WHEREAS the aforesaid parties are trading as partners under the Parties as firm name and style of M/s……….at ……… under an Agreement of partners Partnership dated………….(hereinafter referred to as the said Agreement).   AND WHEREAS disputes and differences have arisen between the said parties in respect of the, business carried on in partnership.   AND WHEREAS the parties have agreed to refer their disputes to arbitration of Shri………..under the terms and conditions hereinafter mentioned.    NOW THIS AGREEMENT WITNESSETH AS UNDER:   (1) All disputes and differences between the parties hereto relating to or touching their respective rights, duties and liabilities under the said agreement are hereby referred to the final determination and award of the said arbitrator Shri.......................   (2) The arbitrator shall take into possession the books and documents of the partnership and shall remain with him and he shall release the said books and' documents to the parties after the publication of the award.   (3) The parties agree that they will cooperate with the arbitrator and the parties shall produce before the arbitrator all books, deeds, papers, accounts, writings and documents within their possession or control, which the arbitrator may require and call for. The arbitrator shall also be empowered to administer oath to the parties and witnesses appearing before him.   (4) If any party after reasonable notice, neglects or refuses to attend on the reference, the arbitrator shall be at liberty to proceed ex parte.   (5) The arbitrator shall be entitled to employ a chartered accountant for examining the accounts of the partnership, if he thinks necessary and the remuneration of the accountant as determined by the arbitrator shall be the costs in the, reference and to be paid by the parties as the arbitrator may direct in his award.   (6) The arbitrator shall record and keep minutes of the proceedings of arbitration and take notes of evidence of witnesses as may be produced by any of the parties or which the arbitrator shall deem fit to examine.     (7) This submission to arbitration shall be deemed to be a submission to arbitration within the meaning of the Arbitration and Conciliation Act, 1996 or any statutory modification thereof. (8) The arbitrator shall make his award within four months after entering the reference and the award shall be final and binding on the parties.   (9) The arbitrator shall be paid a fee of Rs ……. and such fees and the costs of this reference and other expenses incidental to the arbitration shall be in the discretion of the arbitrator, who may determine the amount or direct the same to be taxed between party and party, and shall direct by whom and to whom and in what manner, the same shall be borne and paid.   (10) If the award is not given within the stipulated period or the arbitrator dies, or becomes incapacitated due to illness or refuses to act, this agreement shall become null and void and the documents filed with the arbitrator shall be returned to the party producing the same.   (11) The award of the arbitrator shall be filed in the court within one month from the date of signing of the award by the arbitrator and a decree shall be obtained In terms of the award.   IN WITNESS WHEREOF the parties aforesaid have signed, these presents, the day and year first hereinabove written.   WITNESSES 1 Signed and delivered by A 2. Signed and delivered by C

THIS AGREEMENT made this………….day of……..20……….. between A, son of resident of…………(hereinafter, referred to partner No. 1), B, son of Y, resident of…………….hereinafter referred to, partner No. 2) and Q son of Z resident of…………………(hereinafter referred to partner No. 3).   WHEREAS   (1) The aforesaid partners are trading as partners under the firm name and style of M/s…………at…………….. under an Agreement of Partnership dated………………….   (2) Disputes and differences have arisen between the aforesaid partners in connection with the affairs of partnership, and it is not possible to carry on the business in, future.   (3) The parties have agreed to refer the disputes and differences to arbitration of three arbitrators one to be appointed by each partner, whose award shall be final and binding on the said parties     NOW IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS:   (1) All the disputes and differences between the parties hereto shall be referred to arbitration of M, N and 0 arbitrators nominated by A, B and C respectively.   (2)The arbitrators shall enter upon the reference on or about.........    (3) The arbitrator M shall be the presiding arbitrator of the tribunal of arbitration and he shall preside at every meeting of the arbitrators. The presiding arbitrator shall record the proceedings of arbitration and will issue notices and summons required to be issued by the arbitrators under his own signature.   (4)The arbitrators shall hold proceedings and deliberate jointly and the witnesses and the parties will be examined in the presence of all of them. However, if due to unavoidable circumstances any arbitrator is unable to present at any sifting of the arbitrators, the presiding arbitrator may proceed with the proceeding with another arbitrator and report proceedings at the next joint meeting of the arbitrators.   (5) In case of difference on any point or award, the decision of the majority shall be deemed to the decision of the arbitrators and shall be binding on all the parties.   (6) The parties shall cooperate with the arbitrators and shall submit documents, writings, papers, vouchers and books within their possession or control which the arbitrators may require and call for. The parties shall also be entitled to adduce oral or documentary evidence as they may think fit on such dates, as the arbitrators may appoint or whenever allowed by the arbitrators to do so.   (7)The arbitrators shall make their reasoned award within one year or such further extended time as may be decided by them, with the consent of the parties from the date of entering on the reference. In case during the arbitration proceedings, the parties mutually settle, compromise or compound their disputes or differences, the reference to arbitration and the appointment of arbitrators shall be deemed to have been revoked and the arbitration proceedings shall stand withdrawn or terminated with effect from the date on which the parties file a joint memorandum of settlement thereof, with the arbitrators.   (8) The award of the arbitrators shall be final and binding 'on the parties . (9) The submission to arbitration shall not be revoked by the death of any party and the arbitrators may proceed with the reference after the death of any party.   (10) If any party after reasonable notice, at any time neglects or refuses to attend on the reference without showing any sufficient and good cause for omitting to attend, which the arbitrators consider good and sufficient, the arbitrators shall be at liberty to proceed ex parte.   (11) The arbitrators may appoint an accountant for examining the accounts of the partnership, if they think necessary and the remuneration of the Accountant as determined by the arbitrators shall be the costs in the reference   (12) The post of and incidental to the reference and award respectively shall be in the discretion of the arbitrators, who may determine the amount thereof, or direct the same to be taxed as between party and party and shall direct by whom and to whom and in what manner, same shall be borne and paid.   (13) This submission shall be deemed to be a submission to arbitration within the meaning of the Arbitration and Conciliation Act, 1996 or any statutory modification thereof.   (14) The arbitrators shall make a record of the oral evidence adduced by the parties.   IN WITNESS WHEREOF, the parties hereto have set and subscribed their respective hand the day and year first hereinabove written.   WITNESSES 1 Signed and delivered by A Signed and delivered by B 2. Signed and delivered by C