Arbitration Drafts

IN THE HIGH COURT OF JUDICATURE AT FORT WILLIAM IN BENGAL ORDINARY ORIGINAL CIVIL JURISDICTION. Suit No..................... of 19.................... In the matter of the Arbitration Act, 1940 (and) In the matter of the Arbitration Agreement, dated the.................... day of.................... 19.................... (Between) A. B. (name, description and place of residence)......................................... Plaintiff (and) C. D. (name, description and place of residence)...................................... Defendant The petitioner A. B. above named showeth: 1. By an agreement in writing, dated.................... day of.................... 19 .................... and entered into by and between the plaintiff and the defendant above named at................... (place where the agreement was entered into and signed) within the aforesaid jurisdiction, copy whereof is hereto annexed, it was agreed that the following matters in difference between the parties should be referred to the arbitration of.................. (name, description and place of residence of the arbitrator); (State matters of difference) 2. Difference has arisen between the plaintiff and the defendant as to .................... (state the nature of the difference) to which the said agreement applies.Your Petitioner, therefore, prays for an order that the said agreement be filed. Petitioner I.................... of.................... make oath.................... (solemnly affirm, and say that the matters referred to in paragraphs.................... to.................... or .................... of the foregoing petition are true to my knowledge Sworn (solemnly affirmed) etc.

IN THE HIGH COURT OF.............. In the Matter of Arbitration and Conciliation Act, 1996 And In the Matter of Arbitration Agreement dated.............. Between AB (Name, description and place of residence).................. Petitioner And CD (Name, description and place of residence)................ Respondent The petitioner AB above named most respectfully sheweth: — 1. That an agreement dated............... was entered between the petitioner and the respondent and it was agreed that in case any difference arising in respect of the contract entered, the dispute between the parties shall be referable to the arbitration. 2 That a copy of the said arbitration agreement dated............ is annexed hereto and marked as Annexure................ 3. That despite the work having been completed within time the Respondent did not make the payment. 4. That the petitioner requested Respondent to appoint the arbitrator but the Respondent had not appointed any arbitrator and thus a dispute arose for the pay ment of Rs................. PRAYER It is therefore most respectfully prayed that an independent arbitrator may be appointed by the Chief Justice. It is prayed accordingly. Petitioner Through Advocate Place:................... Dated:.................. IN THE HIGH COURT OF........................ Application No.................... /200 In the Matter of AB............................................. Petitioner versus CD............................................. Respondent AFFIDAVIT I................................................................................ resident of................ ............................................................ do hereby solemnly affirm and declare as under:— 1 That I am the.................................... in this case and hence competent to swear this affidavit. 2 That the contents of the accompanying application are true and correct. DEPONENT VERIFICATION Verified at............................ on this........................... day of.............. ...................................... that the contents of the above affidavit are true and correct to my knowledge. DEPONENT CASE LAW 1 Under the 1996 Act appointment of arbitrator/s is made as per the provision of Section 11 of the Act which does not require the court to pass a judicial order appointing arbitrator/s.1 2. Under Section 11 of Arbitration and Conciliation Act either of parties to agreement can be vested with power to appoint arbitrator and Chief Justice is vested with powers of appointment of sole arbitrator only when parties fails to agree on the arbitrator as per agreement.2 3. The petition for appointment of arbitrator filed in the year 1999, that is, after expiry of period of three years is barred by limitation.3 4. Contentions raised to oppose a petition seeking appointment of arbitrator that full and final payment had been made or that petition was beyond limitation can be raised before arbitrator as well and order appointing arbitrator could not be considered bad in law.4 1. M/s. Sundaram Finance Ltd. v. M/s. NEPC India Ltd., AIR 1999 SC 565. 2. Ranjul Baruah v. Numaiigarh Refinery Ltd., 2002(1) CCC 211 (Gau. ). 3. M/s. Pandit Munshi Ram and Associates (Pvt. ) Ltd. v. Delhi Development Authority, AIR 2001 Delhi 82. 4. Union of India v. Chandra Engineers, 2001(4) CCC 85 (Raj. ).

IN THE COURT OF..................................... Suit No..................... of 200 In the Matter of AB ............................................................. Petitioner versus CD............................................................... Respondent Most Respectfully Showeth: - 1. That vide agreement.................................. entered into between the petitioner and the respondent it was agreed that in case any difference arising in respect of the contract entered a reference shall be made to an arbitrator to be appointed by the consent of the parties to the agreement. 2. That a copy of the said arbitration agreement dated.............................. is annexed hereto and marked as Annexure..................................................... 3. That the differences having arisen between the petitioner and the respondent to the arbitration agreement, Shri........................................................... was appointed as arbitrator by the consent of the parties. 4. That the arbitrator in terms of the agreement should have given the award within a period of four months from the date of his appointment. 5. That the arbitrator has failed to use all reasonable despatch in entering and proceedings with the reference and in making an award in the matter. PRAYER It is therefore most respectfully prayed that the arbitrator be removed and some other person whom this Honble Court deems fit and proper may be appointed to fill in the vacancy so caused by the removal of the arbitrator. It is prayed accordingly. Applicant Through Advocate IN THE COURT OF............................................... Suit No..................... /200 In the Matter of AB.................................................... Plaintiff/Petitioner versus CD............................................. Defendant/Respondent AFFIDAVIT I.............................................................. resident of ............................................................................. do hereby solemnly affirm and declare as unden- 1. That I am the.................................................... in this case and hencecompetent to swear this affidavit. 2. That the contents of the accompanying application are true and correct. Deponent VERIFICATION Verified at.................... on this.................... day of.................... ......................................... that the contents of the above affidavit are true and correct to my knowledge. Deponent