Arbitration Drafts

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 Q 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 party of the First Part has undertaken to construct a building for the party of the Second Part vide Agreement dated(hereinafter referred to as "the said agreement).   AND WHEREAS the differences and disputes have arisen between the said parties above mentioned relating to the said agreement and the parties hereto could not settle the disputes mutually.   AND WHEREAS the parties have agreed to refer their disputes to the arbitration, of two arbitrators Mr . ..................... and ……………………..   NOW THIS AGREEMENT WITNESSES AS FOLLOWS:   (1) All the disputes between the parties relating to the said agreement shall be referred to arbitration of two arbitrators viz. Shri…………..and Shri……….(hereinafter referred to as "the arbitrators") for their final determination.   (2)The arbitrators shall appoint a presiding arbitrator within a period of one month of these presents   (3) The arbitrators shall have the power to open up, review and revise any certificate, opinion, decision, notice or requisition and to determine all matters in dispute.   (4) The arbitrators shall make their award within a period of four months or such further extended time as may be decided by them, as the case may be, with the consent of the parties from the date. of entering on the reference.   (5) If during the arbitration proceedings, the parties mutually agree, compromise or compound their disputes, the reference to arbitration and the appointment of the arbitrators shall be deemed to have been revoked and the arbitration proceedings shall stand withdrawn or terminated with effect from the date on which the parties file a joint memorandum of Settlement thereof, with the arbitrators   (6) If the arbitrators agree among themselves, then their award shall be final and binding on the then the arbitrators shall give a notice in writing to the presiding parties. If the arbitrators do not agree, arbitrator stating that they cannot agree and in such case the presiding arbitrator shall enter on the reference and he shall make his award within two months of entering on the reference or within such extended time as the parties may allow.   (7) The parties agree that they would cooperate and produce before the arbitrators or umpire all books, deeds, papers, accounts, writings and documents within their possession or power, which may be required or called for, and do all other things which during the proceedings on the reference, the arbitrators or presiding arbitrator may require. If any of the parties do not cooperate or remains absent at the reference, the arbitrators or the presiding arbitrator Would be -at liberty to proceed with the reference ex-parte.   (8) The parties agree that this reference to arbitration would not be revoked by the parties or by the death of either party   (9) If during the arbitration, the arbitrator or arbitrators become incapacitated, either by death, sickness or any other inability, then the parties may nominate another arbitrator or arbitrators, in, place of the arbitrator or arbitrators becoming incapacitated.   (10) The cost 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 attorney and client or as between party and party, and shall direct by whom and to whom and in what manner, the same shall be borne and paid.   (11) This 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 and the provisions of Arbitration and Conciliation Act, 1996, so far as applicable and as are not inconsistent or repugnant to the purposes of this reference shall apply to this reference to arbitration.   (12) The award of the arbitrators or the presiding officer, as the case may be, shall be final and binding on the parties   (13) It is agreed that the party of the first part shall not delay the carrying out of the works by reason of disputes being referred to arbitration-and shall -proceed with the works with all due diligence. (14) The arbitration proceedings shall take place at New Delhi.   (15) The arbitration proceedings will be conducted in English language and all parties shall file their pleadings etc. in English language. The parties -shall also file documentary evidence accompanied by a translation into English language   IN WITNESS WHEREOF, the parties have signed these presents hereof, the day and year first hereinabove written.   WITNESSES 1 Signed and delivered by A 2 Signed and delivered by C

THIS AGREEMENT made at ... this ... day of... between Mr. A of the One Part Mr. B of the Second Part and Mr. C of the Third Part. WHEREAS the parties hereto have been carrying on business in partnership under a Deed of Partnership dated ... entered into by the parties hereto and in the name of M/s X Y Z & Co. AND WHEREAS disputes and differences have arisen between the parties regarding the management of the business of the partnership accounts and the legality of certain transactions entered into. AND WHEREAS one of the partners has given notice of dissolution of the partnership, the validity of which is disputed by the others. AND WHEREAS each of the parties in terms of the arbitration clause contained in the said Deed of Partnership has appointed an arbitrator being Mr. D. Mr. E and Mr. F. AND WHEREAS the parties have agreed to enter into a separate submission paper or Arbitration agreement in the manner following: NOW IT IS AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS: 1) The parties hereto agree to refer to the said three Arbitrators M/s. D, E and F all their disputes and differences 'inter se' touching the business of the said partnership, its properties and accounts and arising out of or in connection with the said Deed of Partnership and without prejudice to the generality of this clause, to decide the following questions:- (a) To decide whether the notice of dissolution given by one partner Mr. A is valid if so, the date of dissolution and If not to decide whether the other parties are entitled to continue the said business without the said Mr. A and to decide the date of his retirement. (b) In the event of the arbitrator holding that the partnership is dissolved, to divide and partition the moveable and immovable assets of the Firm among the parties according to their respective rights under the Deed of Partnership with power to the Arbitrator to sell any part of the said assets for equitable distribution among the parties. (c) To take accounts of the partnership for the last three years that is from ... to ... and to ascertain the amount payable by one to the other or others If any. (d) To make provisions for payment of debts and liabilities of the Firm including Income-tax liabilities. 2) he Arbitrators shall direct the parties to file statements of their respective claims, legal submissions and reliefs claimed and each party to file his statement of defence in reply to the statements of claims of others. 3) The Arbitrators shall allow the parties to produce documents in support of their claims. 4) The Arbitrators shall direct the books of account and other papers of the Firm to be produced before them and arrange for their safe custody. The Arbitrators will have power to appoint a qualified accountant to inspect the accounts and to draw a balance sheet,. 5) The Arbitrators shall allow the parties to be represented by their respective advocates. 6) The Arbitrators shall not be bound to take oral evidence but if any party or their witness is examined he will be allowed to be cross-examined. 7) If there is difference of opinion between the Arbitrators during the Arbitration proceedings or in making the award the decision of the majority will prevail and binding on the parties. 8) The Arbitrators shall be entitled to make one or more Interim Awards. 9) The Arbitrators shall make their award within four months from their entering upon the reference but can extend the said period from time to time with the consent of all the parties hereto obtained in writing. 10) In the event of any party refusing to participate in the Arbitration proceedings or remaining absent without valid cause, the Arbitrator shall have power to proceed ex-parte against such party. 11) The costs of the Arbitration proceedings will be in the discretion of the Arbitrators. 12) The Arbitration, subject to what is herein provided shall be governed by the Arbitration &Conciliation Act, 1996. IN WITNESS WHEREOF the parties hereto have put their hands the day and year first hereinabove written. Signed and delivered by the withinnamed Mr. A . ..... in the presence of Signed and delivered by the withinnamed Mr. B ..... in the presence of ..... Signed and delivered by the withinnamed Mr. C ..... in the presence of

This agreement made on this __________, 2000 at ____________ between: 1. Mr. KC aged about ___ years s/o Mr. JN r/o ________________, hereinafter called the 1st party. 2. Mr. PC aged about ___ years s/o Mr. KC r/o ________________, hereinafter called the 2nd party. 3. Mr. JL aged about ___ years s/o Mr. KC r/o ________________, hereinafter called the 3rd party. 4. Km. KV aged about ___ years d/o Mr. KC r/o _______________, hereinafter called the 4th party. 5. Mr. JN aged about ___ years s/o Mr. KC r/o ________________, hereinafter called the 5th party. Whereas the above parties are members if a Joint Hindu family and has joint assets and business. And whereas differences have arisen among the parties in connection with their rights in assets and business. And whereas the parties are not agreed in connection with division of assets and business. And whereas parties have named also claim regarding acquiring of certain properties out of their personal resources, which are not to be divided. And whereas parties have agreed to refer the matters to two arbitrators namely: (i) Mr. PK aged about ___ years s/o Mr. JN r/o _________________, and (ii) Mr. KL, aged about ___ years s/o Mr. JK, r/o _________________. NOW THIS AGREEMENT WITNESSES AS UDNER :- 1. That arbitrators shall decide the value of the joint family property and shall determine the division of the same among the members. 2. That the arbitrators shall determine the assets and shall determine the value of the goodwill of the business and shall distribute the same among the parties. 3. That the arbitrators shall divide the business and family property among the parties in the manner they decide. 4. That the arbitrators shall determine the share of unmarried daughter, which shall be given to 1st party for safe custody and give her after her marriage. 5. The arbitrate shall be entitled to award compensation in money form one party to another in order to equalize the share. 6. That the arbitrators shall be entitled to sell the property, which is not divisible and distribute the sale proceed among the parties. 7. The arbitrators shall also be entitled to partition any of the joint family property, build the structure or demolish any of them as they may think fit. 8. That the arbitrators, may issue notices in writing, mentioning the date and place of hearing, on which date the parties are bound to attend for providing evidences in connection with their claims. 9. That the arbitrators shall be entitled to appoint an accountant for accounting purposes, whose remuneration shall be included in the arbitrators fee, which they will charge. 10. That the arbitrators award shall be final and binding on all the parties, their successors, assignees and legal representatives. 11. If the arbitrators differ, they will appoint an umpire whose decision shall be find. The above named and parties do hereby agree to all the terms and conditions mentioned above without any duress, coercion or undue influences and after fully understanding the terms and conditions of this deed of arbitration and bind ourselves, our heirs, assignees and legal representatives , and do hereby put our hands on this ___________, 2000 in the presence of the following witnesses: Witnesses: 1. Name. 1st party Address. 2nd party .. 3rd party. 2. Name. 4th party. Address. 5th party.