Arbitration Drafts

Before the Court of Civil Judge, Bombay Suit No …………………………of 1998 In the matter of the Arbitration and Conciliation Act, 1996 AND In the matter of the Arbitration Agreement dated the …………………………day of………20 ….. BETWEEN   A son of…………………………resident of…………………………Plaintiff, and B son of…………………………resident of…………………………Defendant   The petition of above named defendant B sheweth 1. The plaintiff A has filed the above suit against this defendant for…………………………The said dispute is, subject of an arbitration, agreement dated………………………… 2. By an agreement in writing dated …………………………and entered into by and between the Plaintiff and Defendant above named at Bombay within the jurisdiction of this Honourable Court, certified copy whereof is hereto annexed, it was agreed that the manors in dispute or difference arising between the parties will be referred to the arbitrati0on of Shri …………………………son of …………………………resident of…………………………and Shri…………………………son of …………………………resident of ………………………… (State the matters in difference between the parties) 3. This defendant has not filed his first statement before this court in the matter.   Your petitioner, therefore, prays for an order staying the proceeding of the suit and direct the plaintiff to get the matter settled by arbitration in accordance with the arbitration agreement.   I, A son of …………………………resident of………………………… solemnly affirm and state that the matters referred to in paragraphs 1 to 2 are true to my personal knowledge and belief.   Verified at…………………………this…………………………day of……………20 ……… Defendant's Advocate

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 Suit No..................... of.................... 19.................... ........................................ versus ........................................ (Title of Suit) The petition of A. B. and C. D. abovenamed showeth: 1. This suit is instituted for (state nature of claim). 2. The matters in difference between the parties are (state matters of difference). 3. The petitioners being all the parties interested have on the day of .................... 19.................... at.................... within the jurisdiction aforesaid agreed (state nature of agreement) that the matter in difference as between them shall be referred to the arbitration of (name, description and place of residence of the arbitrator or the manner as to the appointment of arbitrator agreed upon between the parties). 4. The petitioners therefore pray: (a) that the aforesaid matters in difference be referred for determination to the arbitrator abovenamed: (b) that the date within which-the award is to be made be fixed. Verification.............. LETTER SENT BY ONE PARTY FOR SETTLEMENT OF DISPUTE THROUGH ARBITRATOR (Section 2(a)) The letter can be treated as arbitration agreement.1 APPLICATION FOR FILING ARBITRATION AGREEMENT The application for filing arbitration agreement is a stage prior to institution of suit and is not a suit.2 ARBITRATION AGREEMENT The agreement that parties may go to suit or may also go to arbitration is not an arbitration agreement.3 APPLICATION FOR REFERRING DISPUTE TO ARBITRATOR The application for referring dispute to arbitrator cannot be treated as plaint as contemplated under Civil P. C.4 1. Ganga Pollution Control Unit v. Civil Judge, Allahabad, AIR 2001 All. 149. 2. P. A. Ahammed Ibrahim v. Food Corporation of India, AIR 1999 SC 3033. 3. Wellington Associates Ltd. v. Kirti Mehta, AIR 2000 SC 1379. 4. P. A. Ahammed Ibrahim v. Food Corporation of India, AIR 1999 SC 3033.

This Agreement made at……………………on this……………day of………20…between X son of 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 Y son of Shri.......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 First Part has entered into a contract to supply…………to the party of the Second Part.   AND WHEREAS the differences and disputes have arisen between the said parties above mentioned relating to quality of goods supplied by the party of the First Part.   AND WHEREAS the party of the Second Part has not made full payment to the party of the First Part and the parties hereto could not settle the disputes mutually.   AND WHEREAS the parties have agreed to refer their disputes to the conciliation of one conciliator Shri ...................   NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:   (1) All the disputes between the parties relating to the supply of…………shall be referred to conciliation of sole conciliator Shri……………for his final determination. (2) Each party shall submit to conciliator a brief written statement describing the general nature of the dispute and points at issue. Each party shall send a copy of such statement to the other party. If the conciliator requests for submission of a further written statement of his position and the facts and grounds in support thereof, supplemented by any documents and other evidence that such party deems appropriate, he shall submit the said written statement, etc. The party submitting such written statement, shall send a copy of such statement, documents and other evidence to the other party   (3) The conciliator shall assist the parties in an independent and impartial manner in their attempt to reach an amicable settlement of their dispute.   (4) The conciliation proceedings shall be held at such place as determined by the conciliator, after consultation with the parties, having regard to the circumstances of the conciliation proceedings.   (5) The parties shall cooperate with the conciliator. Each party shall endeavour to comply with requests by the conciliator to submit written materials, provide evidence and attend meetings.   (6) Both the parties may arrange for administrative assistance during the conciliation proceedings as required by the conciliator.   (7) If during the conciliation proceedings, it appears to the conciliator that there exist elements of a settlement which may be acceptable to the parties, he shall formulate the terms of a possible settlement and submit them to the parties, for their observations. After receiving the observation of the parties the conciliator may reformulate the terms of a possible settlement in the light of such observations. If the parties reach agreement on a settlement of the dispute, they may draw up and sign a written agreement. On the parties signing the settlement agreement, it shall be final and binding on the parties and persons claiming under them respectively.   (8) On execution of settlement or agreements, the conciliator shall authenticate the said agreement and furnish a copy thereof to each of the parties.   (9) The cost of conciliation shall be fixed by the conciliator and give written notice thereof to the parties. The costs of conciliation shall be borne by the parties in equal shares.   In witness whereof the parties have signed these presents hereof, the day, month and year first hereinabove written.   Witnesses   1. Signed and delivered by X   2. Signed and delivered by Y