ARBITRAL AWARD BY AN ARBITRAL TRIBUNAL

THIS IS THE AWARD by the undersigned, made the.] _________ day of _________ WHEREAS by an agreement under the deed, dated__________ and made between ___________________________ (insert the name, address etc. of contractor) of the one part and _____________________  (insert the name, address etc. of owner of the property) of the other part (being an agreement by the said contractor) to construct certain works upon the land of the said (owner) in accordance with sanctioned plans and specifications contained therein it was agreed between the parties that if any dispute should arise in future between the parties thereto relating to or touching the said agreement or the interpretation thereof or in relation to the rights, duties or liabilities of either party there under the same should be referred to two arbitrators to be appointed by each and the two appointed arbitrators shall appoint the third arbitrator who shall act as the presiding arbitrator in accordance with the provisions of Arbitration & Conciliation Act, 1996. AND WHEREAS dispute shaving arisen between the a foresaid parties relating to the said agreement the said (contractor) by writing dated ___________ nominated and appointed Shri ___________ (one arbitrator) ______________ of etc, and the said (owner) by writing dated _____________ nominated and appointed Shri ____________ (other arbitrator) of etc, to act as arbitrators and settle the said matters in dispute between the parties. AND WHEREAS the said arbitrators respectively accepted the said appointments and took upon themselves to discharge the burden of the said reference and before starting the proceeding for the consideration of the disputed matter referred to them by writing under their hands dated _________ appointed me the said Presiding Arbitrator in the said arbitration. AND WHEREAS the said arbitrators duly extended the time for making the award until the _______ day of ________. AND WHEREAS the said arbitrators were unable to agree amongst them- selves unanimously upon an award and under such circumstances gave me notice in writing dated _________- and thereupon the disputes stood referred to me. NOW BE IT KNOW that, I, said Presiding Arbitrator, make my award on the following matter: I find that the completion of the work although was delayed for _________ months beyond the agreed date on which it ought to have been completed but I find that such delay was caused partly by exceptionally bad weather and partly by lack of workmen caused by labour strikes and also their having taken up construction works under the Government and I find and award that the said (contractor) is not liable for any damage on that account. I find that a part of the work executed by the said ________________ (contractor) was found to be defective in the following respects __________ (defects set out) and I award that the said (owner) is entitled to Rs.___________ as damages on that account. ? I find and award that after deducting the said sum of Rs. ____________ on account of the damages there is still due and owing to the said (contractor) in respect of the matters in dispute between the said parties to reference the sum of ____________. I direct the said (owner) shall pay the said sum of Rs. ________ to the said (contractor) on or before the _____ day of_______. I award and direct that the cost of the said (contractor) relating to and incidental to this arbitration reference including the costs of the arbitrators and of this award which is Rs. ________ shall be borne and paid by the said (owner) or whatever may be the award as to costs. Shri _____________ [Arbitrator] having agreed to all the above decisions of the arbitral tribunal this Arbitral, this award is made by the majority of all its members. ? Place: Date: Signatures of three arbitrators Members of Arbitral Tribunal

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ARBITRAL AWARD AS TO EASEMENTS, ETC.

I AWARD that the said passage yard and pump are the property of the said [one party] subject to the right of the said [other party] to the free use of water from the said pump in common with the said [one party] and of ingress and regress into and out of the said yard by and over the said stile for the purpose of fetching water therefrom and for all other purposes at his own free will and pleasure And I also award that the said pump shall in future be repaired at the joint expense of the said [one party] and [other party]. I AWARD that the said [one party] and his successors in title the owners and occupiers from the time being of the house known as No.____________ Street and his or their respective servants and licensees shall at all times hereinafter have and enjoy a right of passage on foot over and along a covered way or passage leading from ___________ Street aforesaid towards _________________ court unto and into the yard of the said [one party] behind and adjoining his said house No.___________ Street through a door in the wall belonging to the said [other party] which forms the boundary of the said yard on the west. I AWARD that the said [party] and his successors in title the owners and occupiers for the time being of the said house and property known as _____________ and his or their respective servants and licensees shall have and enjoy a right at all times and for all purposes connected with the use and occupation of the said house or any house to be hereafter erected on the said property as a private residence but not further or otherwise with or without carts carriages or wagons motor or other vehicle to go and return over and along the private road or way coloured brown on the plan annexed to this my award from the point marked _______________ to the point marked __________________ on the said plan the said [party] and his successors in title from time to time contributing one-fourth part of the expenses of maintaining the said road and the fences and gates thereof in good repair and condition. I AWARD that the said [party] is entitled to the perpetual use of the four several windows now opened on the west side of the said building called ____________ and the right to access of light and air to all such windows.   Signature

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PETITION UNDER SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT 1996 FOR SETTING ASIDE AWARD

IN THE HIGH COURT OF.......................... In the Matter of Arbitration -and Conciliation Act, 1996 And In the Matter of Arbitration Agreement dated................... Between A B (Name, description and place of residence)...................... Petitioner And C D (Name, description and place of residence)...................... Respondent The Petitioner A B above named respectfully sheweth: - 1. That an agreement dated.................. was entered between the Petitioners and the Respondents whereby (State facts) 2 That vide the said agreement entered into between the Petitioners and the Respondents it was agreed that in case of dispute arising between the parties the same shall be referred to arbitration under the Act. 3. That the Respondents invoked the arbitration clause and appointed "SP" as their arbitrator and also appointed "XYZ" firm as Advocates to represent them in arbitration proceedings. The petitioners appointed "JK" as their arbitrators. 4. That during pendency of arbitration proceedings the Petitioners came to know that the son of "SP" the arbitrator appointed by the Respondents was a partner in the firm of Advocates who were representing the Respondents before the arbitrator. 5. That the Petitioners filed an application under sections 12 and 13 of the Act challenging the appointment of "SP" as an arbitrator and the said application of the Petitioners was rejected. 6. That the arbitrators made the Award directing the Petitioner to pay the amount of claim made by the Respondents. 7 That "SP" failed to disclose that his son was a partner in the firm of Advocates representing the Respondents in arbitration proceedings. 8. That there has been breach of mandatory provision of Section 12 of the Act and the entire proceedings including award made by the arbitrator is vitiated for non compliance with the provisions of Section 12 of the Act by the arbitrator "SP". PRAYER It is therefore most respectfully prayed that this Honble Court may be pleaded to set aside the award dated................. This Honble Court may be pleaded to pass such further order(s) as may do complete-justice on the facts and circumstances of the case. Petitioner Through Advocate Place:................... Dated:................... IN THE HIGH COURT OF............................... Petition 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 The provisions of Section 12 of the Arbitration and Conciliation Act. 1996 are mandatory in nature and in case of breach of that mandatory provision the entire proceedings including the award made by the arbitrator must be held to be vitiated for non-compliance with the provisions of Section 12 of the Act by the arbitrator.1 2 So long as composition of the Arbitral Tribunal or the arbitral procedure are in accordance with the agreement of the parties, Section 34 does not permit challenge to an award merely on the ground that the composition of the Arbitral Tribunal was in conflict with the provisions of Part I of the Act.2 3. Objections against arbitral award filed beyond prescribed period provided under Section 34 of the Arbitration and Conciliation Act, 1996 cannot be entertained as award becomes immediately enforceable.3 1. Union of India v. Tolani Bulk Carriers Ltd., 2002(2) CCC 137 (Bom. ). 2. Narayan Prasad Lohia v. Nikunj Kumar Lohia. AIR 2002 SC 1139. 3. Jyoti Motors v. Industrial Credit and Development Syndicate Ltd.. 2002(3) CCC 72 (Guj.).

Continue ReadingPETITION UNDER SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT 1996 FOR SETTING ASIDE AWARD