AN ARBITRATION AGREEMENT SAMPLE1

This agreement is prepared as a sample agreement by taking possible circumstances into

considerations and the parties may form their arbitration agreement pursuant to the
Rules

1. This arbitration agreement is made

between ............................................................................... residing at the address
of ....................................... and .................................................... residing at the address
of ......................................................, and the parties who have enacted the Agreement,
hereinafter shall be referred to as THE PARTIES.

(The address and titles of both parties shall be written in the blank spaces, if the contract is
signed by a real person (sole proprietorship), then the name and surname of that person shall
be written.)

2. The parties have agreed on the settlement of any dispute arising out of or in connection
with the ……………………………
dated......................................................................subjected Agreement by arbitration through
the TOBB Arbitration Council in accordance with the TOBB Arbitration Rules.

The parties, by reading the Rules, shall declare that they have accepted to comply with its
terms, obligations and consequences beforehand.

(It is required for the parties to clearly state the subject and date of the agreement of which the
parties would like to seek the settlement of any dispute arose out through the TOBB
Arbitration process, within the blank spaces. If there are more than one commercial agreement
between the parties, then they should prepare and sign a separate arbitration agreement for
each of them.)

3. The parties have decided to have the arbitration conducted

at..........................................................

(The parties shall write the name of the city as the place of arbitration in this section, if they
wish. the Arbitration Council shall determine the place of arbitration, if there is no such
determination of the parties.)

4. The parties have agreed on ............................... as the applicable law to this arbitration.
(This article is important for the disputes arising out of international commercial agreements.
The parties shall state the name of the country, if they agree on whose law be applicable. If
there is no such agreement on this matter, then the arbitrator(s) shall, by himself, determine
the law to be applied. It is natural to apply the Turkish Law to the arbitration between the
Turkish companies.)

5. The parties each undertake to pay half of the arbitration expenses that shall be notified
subsequent to filing the suit before the TOBB Arbitration Council as an advance payment.

1
An example of the Arbitration Clause that will be placed in the commercial agreements has been shown in the section on “Introduction to
TOBB Arbitration” in this book.
Each party also undertakes to pay his share of the total expenses determined within the
Arbitral Award approved by the Council.

In the case where the defendant does not pay half of the advance payment, then the claimant
shall be obliged to pay the total advance payment amount.

6. It is determined by the parties that disputes shall be settled by........................... arbitrator(s).

(The above blank space, depending on the disputes settled by a sole arbitrator or more than
one arbitrator, shall be filled accordingly.)

OPTIONAL TERMS

7. a) The parties have agreed on the appointment of a sole arbitrator by the TOBB Arbitration
Council.

(This article shall be included, if the parties agree on the disputes settled by a sole arbitrator
and who is appointed by the TOBB Arbitration Council.)

7.b) The parties have nominated, as the sole arbitrator, ................................................. residing
at the address of ....................................................

However, in the case where the sole arbitrator is not approved by the TOBB Arbitration
Council, then the parties accept that the arbitrator shall be appointed by the Council.

(This article shall be included in the case of an agreement between the parties for the sole
arbitrator beforehand.)

7.c) The parties accept to nominate the sole arbitrator by themselves within 30 days from the
notification of the arbitration request to the defendant and the appointment of the sole
arbitrator by the Council if the parties cannot agree on the nomination of the sole arbitrator or
in the case where the nomination of the sole arbitrator by the parties is not approved by the
Council.

(The provision within this article may be included in the agreement when the parties leave the
appointment of the sole arbitrator until after the dispute occurs.)

8.a)The parties accept to have one of the 3 arbitrators to be nominated by the claimant in its
petition of arbitration request and the second arbitrator to be nominated by the defendant in its
response and the third arbitrator to be selected by these two arbitrators within 15 days;

The appointment of the arbitrators by the Council if the claimant or the defendant does not
state the name of its arbitrator or if they leave the nomination of the arbitrators to the Council;

The appointment of the third arbitrator by the Council, when the parties’ arbitrators do not
nominate the third arbitrator within 15 days.

(This article may be included in the agreement in the cases where it is envisaged that the
disputes be settled by three arbitrators and the appointment of the two arbitrators by the
claimant and the defendant, and the third arbitrator by the parties’ arbitrators.)
8. b) The parties accept to have one of the 3 arbitrators to be nominated by the claimant in its
petition of arbitration request and the second arbitrator to be nominated by the defendant in its
response and the third arbitrator to be nominated by the Council;

The arbitrators appointed by the Council in the cases where the plaintiff or the defendant does
not nominate an arbitrator or if they leave the appointment of the arbitrators to the Council.

(This article may be included in the agreement in the cases where the appointment of the third
arbitrator is left to the TOBB Arbitration Council).

8.c) The parties agree upon the appointment of all three arbitrators by the TOBB Arbitration
Council.

(This article shall be included if the appointment of three arbitrators is completely left to the
TOBB Arbitration Council.)

9. The parties accept to sign the Terms of Reference to be drawn up in the presence of the
arbitrator(s) upon the invitation of the arbitrator (or the Chairman of the Arbitral Tribunal),
that the arbitration procedures shall still continue without interruption and be effectual even if
they abstain from signing it, and the abstention of either one or both parties from signing the
Terms of Reference shall not affect the validity of the Arbitral Award.

10. The parties undertake to pay the arbitration expenses in accordance with the TOBB
Arbitration Rules in the case of the reconciliation of the parties or the claimant waiving his
claim after the dispute is submitted to the TOBB Arbitration.

11. We hereby undertake to accept and to comply with the provisions of this arbitration
agreement comprising 10 articles as above.

On behalf of On behalf of

____________ ___________

____________ ___________

(It is necessary for the parties to include the list of the authorized signatures showing the
authority for representation and to sign.)
 APPLICATION FOR SETTING ASIDE AN AWARD
 

In the High Court at (Name of Place) Ordinary Original Civil Jurisdiction

In the matter of:
An application under section 34 of the said Act
And
In the matter of:
An Arbitration Agreement contained in Contract No. 444 dated ..................
And
In the matter of:
(Name of Place) Construction a company registered under the Companies Act and doing
business at (Name of Place)
Petitioner
Versus
1....................................., a company registered under the Companies Act 1956 and doing business
at (Name of Place)
2. Mr. …………............................
Respondents
To
The Hon'ble Mr.........................Chief Justice and His Companion Justices of the said Hon'ble
Court
The petitioner named above most respectfully
sheweth:
1. Per an under agreement dated............... the petitioner undertook to build apartments on first
respondent on consented specifications, terms/conditions with price.
2. Petitioner completed the work, got payment of the running bills, offered handing over of
houses, apartments and guest houses and claimed payment of final bill.
3. The first respondent raised several flimsy objections for withholding payment of remaining
bills.
4. Per arbitration clause in said agreement the parties herein that is the petitioner and respondent
No. .................selected respondent No. .................. as the sole arbitrator to settle and adjudicate all
the controversies and disagreements, between the petitioner and the first respondent emerging out
of the building work done by petitioner for the first respondent.
5. The disagreements and controversies emerged on ............... and thereafter the same were
referred to arbitration of respondent No. 2 on .................. and respondent
No. .......................entered into reference on ..................
6. After that various sittings were held and both the petitioner and the first respondent lead both
documentary/oral evidence.
7. Respondent No. .................. passed his award on ..................... notified the same to parties with
a copy thereof on ..................... A copy of the Award is annexed hereto marked 'B'.
8. The said award being illegal and be quashed inter alia, the below reasons;
(a) the said award deals with a controversies not stipulated by the parties;
(b) the said award deals with a matter not coming within the terms of presentation to arbitration;
(c) the said award having decisions on matters beyond the ambit of the presentation to arbitration.
(d) the award does not deal with issue No. ...................raised and decided.
9. The controversies referred to respondent No............................. for arbitration will appear from
the statement of facts with counter statement of facts. Copies of those documents are enclosed
hereto marked .............. and ................respectively.
10. The parties raised various issues after that respondent No. .........................decided these issues
and the parties did not object.
11. After the award is passed. It is found that award deals with issues not raised and the award
evades to decide on issue No......................... which was raised and decided by respondent
No. .......................
12. Petitioner says that Award is bad in law. factually said award is illegal and should be quashed.
13. Petitioner says that this Hon'ble Court will be pleased to check the Award with documents
filed along with award and instruct further enquiry as may be compulsory and after that quashed
the said award.
14. Unless orders are passed as prayed for herein petitioner will sustain loss with prejudice.
15. This application is made bona fide with interest of justice.
Petitioner hence humbly prays Your Lordships for below orders:
(a) The Award passed by respondent No. ................... on...............be quashed;
(b) Costs of this application be paid by respondent No. ...............................;
(c) Further orders be passed and instructions be issued which this Hon'ble Court may consider
proper and fit;
And petitioner as in duty bound shall ever pray.
Signature of the Advocate for the petitioner
Signature of the petitioner
VERIFICATION
1. I being Director of (Name of Place) construction and its Principal Officer and Constituted
Attorney. I know and I have acquainted myself with the facts and circumstances of this case and I
can depose thereto. I am empowered and competent to verify the aforesaid petition and I do verify
the same on behalf of the petitioner.
2. The statements bearing in paragraphs 1 to 15 hereinabove are true to my best knowledge basing
on information got from records kept by the petitioner company and I believe them to be true.
Solemnly affirmed on oath by the said Mr. ..........................................pertaining to Board
Resolution dated ............... of the contraction India Private Ltd. in the Court House at …………
(Name of Place) on the ……………….20….
Deponent