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Refer Dispute For Arbitration

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22 views2 pages

Refer Dispute For Arbitration

Uploaded by

ugharde
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as TXT, PDF, TXT or read online on Scribd
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Format of agreement to refer dispute for arbitration by parties with mutual

consent.
A dispute can be referred to Arbitrator by mutual consent of the parties. Agreement
under section 7 of Arbitration and Reconciliation Act can be signed by the
parties. The parties can decide who will be the Arbitrator and can also appoint
them as per section 7 of the Act. The decision of Arbitrator is bound to all the
parties.

Sample Format of Agreement to refer a dispute for Arbitration by parties with


mutual consent.

AGREEMENT

This Agreement made at ____ on this __ day of _______ between Mr. X __________ son
of ___________ aged ___________ Resident of _________________________of the ONE
PART

AND

Mrs. Y daughter of ___________ aged ___________ Resident of _______________of the


OTHER PART

Whereas Mr. X and Mrs. Y are full brother and sister and

Whereas the father of both X & Y died Intestate, on or about the _____day of
____leaving some moveable property in the shape of ornaments, Bank accounts,
investment and one immovable property, and

Whereas disputes have arisen between the parties regarding their rights to and
shares in the said property and also regarding partition of the said property, and

Whereas parties have agreed to refer all the disputes regarding their claims to the
said property including the question of partition thereof, according to their
respective rights to two arbitrators viz. Mr. M and Mr. N. the former being
appointed by Mr. X and the latter by Mrs. Y. and

Whereas the parties have agreed to enter into this agreement for reference to
arbitration of the said disputes and claims to the two arbitrators in the manner
following.

Now It 1s Agreed Between the Parties Hereto As Follows:

1. The parties hereto refer all their disputes and claims regarding the properties
left by their father the late Mr ___________ including the question of their
respective shares and including effecting partition of the said properties and all
other questions incidental thereto to the arbitration of the said two Arbitrators
Mr. _______________M and Mr. N.

2. The said Arbitrators shall, before entering upon the reference appoint an
Umpire.

3. The Arbitrators shall direct the parties to file their respective inventories of
the properties left by the said deceased. as per their respective contentions.
4. The said Arbitrators shall allow the parties to file their respective claims and
contentions and to file documents relied upon by them within such reasonable time
as the Arbitrators may direct.

5. The said Arbitrators shall give hearing to the parties either personally or
through their respective Advocates but the Arbitrators will not be bound to take
any oral evidence including cross examination of any party or person.

6. The said Arbitrators shall make their Award within a period of four months from
the date of service of a signed copy of this Agreement on them by any of the
parties hereto provided that the Arbitrators will have power to extend the said
period from time to time with the consent of both the parties.

7. The Arbitrators will not make any Interim Award.

8. The Arbitrators will have full power to award or not to award payment of such
costs
of and Incidental to this arbitration by one party to the other as they may think
fit.

9. Subject to the provisions of the Arbitration Act 1940 the award will be binding
on the
parties hereto.

10. The Arbitration shall subject to what is herein provided, be governed by the
provisions of the Arbitration Act. In Witness Whereof the parties have put their
respective hands the day and year first hereinabove written.

X ___________________

In the presence of Witnesses


1.

Y ___________________

2.

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