Legal Drafts

In the Matter of an Arbitration between [parties]?THIS IS THE AWARD of me _____________________________________________________________[insert the name, address etc. of arbitrator] made the _______ day Of ________. WHEREAS: By an agreement dated the _______ day of ________ and made between [parties] after reciting that the parties thereto were the owners of adjoining estates situate at _______ and that differences had arisen between them touching their respective rights in reference to certain hedges fences and alleged rights of way [or whatever else may be the dispute] it was agreed that all matters in difference between the parties thereto should be referred to me the said [arbitrator] so that I should make my award on or before the ________ day of ________ or on or before any other day not later than three months thereafter to which I might enlarge the time for making my award and that the costs of and attending the reference and of my award should be in my discretion. By two several endorsement so on the said agreement I have enlarged the time for making my award until the _________ day of _____. NOW BE IT KNOWN that I the said [arbitrator] make and publish this my award of and concerning the matters so referred to me as follows: I award and determine [here set out in consecutive paragraphs the arbitrator’s decision upon all the points referred to him]. I award and direct that the costs of this my awards hall be paid by the said ________ [or shall be paid by the said parties in equal shares] and that the said _______ shall bear and pay his own costs and the costs as between solicitor and client of the said ______ of an incidental to the arbitration [or that each party shall bear his own costs of and incidental to the arbitration] [if the arbitrator likes to fix the amount of the costs he may add: and I determine the costs of the said _______ to amount to the sum of Rs.________].  AS WITNESS etc.   Place: [Signature of the sole member of the Arbitral Tribunal]

In the Matter of an Arbitration between [parties]?THIS IS THE AWARD of my ____________________________________________ [insert the name, address etc. of arbitrator] made the ______ day of _______. WHEREAS by an agreement in writing dated the ______ day of ______ and made between [insert the name, address etc. of first party] of the one part and [insert the name, address etc. of second party] of the other part the said parties agreed to refer all matters in difference between them [if necessary, add relative to [stating the specific matters]] to me the said [arbitrator] so that I should make my award thereon ready to be delivered to the said parties on or before the ______ day of______ next and further agreed that the costs of and attending such reference and of my award NOW BE IT KNOWN that I the said [arbitrator] hereby make and publish this my award of and concerning the matters so referred to me in manner following that is to say: I award and determine: That the said [second party] has a just and valid claim and demand ?against the said [first party] to the extent of Rs.________.  That the said [first party] has a just and valid claim against the said [second party] to the extent of Rs. ________ [a less sum] so that after deducting the latter sum from the former there remains justly due to the said [second party] from the said [first party] the sum of Rs._______.  The said [first party] shall on the _______ day of ______ next pay the said sum of Rs.________ unto the said [second party] at his shop at _____ [between the hours of ______ and _______ of the clock in the [forenoon].  The said sum of Rs. _________ shall be paid accepted and taken as and for full satisfaction and discharge and as a final end and determination of the said difference in the matters so referred as aforesaid and all demands upon or in respect of the same by either of the said parties against the other of them. ? The said [first party] shall bear and pay his own costs of and attending the said arbitration and shall pay to the said [second party] his costs of and attending the said arbitration and shall pay the costs of this my award and which I tax and settle at the sum of Rs. _______ And I determine the costs of the said [second party] to amount to Rs._________.  AS WITNESS etc.   Place: [Signature of the sole member of the Arbitral Tribunal]

In the Matter of an Arbitration between _____________________________________________________ [insert the name, address etc. of parties]. THIS IS THE AWARD of me ________________________________________________________[insert the name, address etc. of Presiding Arbitrator] made  the _______ day of) _________.  WHEREAS: By an agreement dated the ________ day of ________ and made between _______________________ [insert the name, address etc. of contractor] of the one part and [insert the name, address etc. of owner of property] of the other part (being an agreement by the said [contractor] to construct certain works upon the premises of the said [owner] in accordance with plans and specifications therein referred to) it was agreed that if any dispute should arise between the parties thereto touching the said agreement or the construction thereof or the rights duties or liabilities of either party thereunder the same should be referred to two arbitrators and their Presiding Arbitrator in accordance with the provisions of section 11(3) of the Arbitration and Conciliation Act, 2015. Disputes having arisen between the parties to the said agreement the said [contractor] by writing dated the ________ day of _________ nominated and appointed ____________________ [insert the name, address etc. of one arbitrator] and the said [owner] by writing dated the ______ day of _________ nominated and appointed [insert the name, address etc. of other arbitrator] to be the arbitrators to settle the said matters in difference. The said arbitrators respectively accepted the said appointment took upon themselves the burden of the said reference and by writing under their hands dated the ________ day of _________ appointed me the said [third arbitrator] as Presiding Arbitrator in the said arbitration before entering upon the consideration of the matters referred to them. ? The said arbitrators in accordance with a power contained in the said agreement duly enlarged the time limited by the said agreement for making their award until the _______ day of _______. The said arbitrators were unable to agree upon an award and gave me notice in writing dated the ______ day of _______ of that fact [or allowed the time limited for doing so to expire without making an award] and thereupon the disputes stood referred to me. ? NOW BE IT KNOWN that I the said [Presiding Arbitrator] make and publish this award of and concerning such matters as follows: We find that the completion of the work was delayed for three months beyond the date on which it ought to have been completed but we find that such delay was caused partly by exceptionally bad weather and partly by other causes not within the control of the said [contractor] within the meaning of the clauses of the said agreement, dated the _________ day of _________ which relate to time of completion and damages for failure to complete and we find and award that the said [contractor] is not liable for any damages on that account. We find that part of the work executed by the said [contractor] was defective in the following respects [set out] and we award that the said [owner] is entitled to damages on that account. We award that after deducting the said sum of Rs. ________ there is due and owing to the said [contractor] in respect of the matters in dispute between the said parties to the reference the sum of Rs. _______. We direct the said [owner] to pay the said sum of Rs._______ to the said [contractor] on or before the _______ day of ______. We award and direct that the costs of the said [contractor] of and incidental to the reference together with the costs of the arbitrators and of this our award shall be borne and paid by the said [owner, or whatever may be the award as to costs]. AS WITNESS etc. Place: [Signature of majority of members of Arbitral Tribunal]