REFERING DISPUTE TO ARBITRATOR[CD1]
This Agreement made between
Mr………………………………..
Mr……………………
resi_________________________________
hereinafter referred to as " the Party of the First Part, party____________________
(which expression shall unless contrary to the context or meaning thereof
include his successors, executors, administrators, legal representatives and
assigns)
And
Mr…………………………………
Mr………………………….
Resi____________________________________
hereinafter referred to as "second part, Party of the Second Part"
(which expression shall unless contrary to the context or meaning thereof
include his successors, executors, administrators, legal representatives and
assigns).
The parties hereto are collectively referred to as "the
parties".
Whereas
1. Above statues parties entering
an agreement dated______________ (herein after referred to as the said
Agreement) bide which it was agreed that First part, Party shall place order
and Second part, Party shall supply goods on such terms and conditions as laid
in said agreement.
2. Controversies and differences emerging between the said parties concerning
interpretation of some of the clauses of the said agreement , which parties
have consented to refer their controversies and differences for arbitration of
Shri_____________on such terms and conditions as hereinafter statues.
Now This Agreement Witnesses As Under:
1. All controversies
and differences between the parties hereto concerning interpreting of some of
the clauses of the said agreement are hereby referred to the conclusive
determination and award of the said arbitrator Mr……………………………………………………..
2. Arbitrator shall be
empowered taking such evidence and making such enquiries, as he may deem fit.
Arbitrator shall be empowered to administer both to the parties and witnesses
before him. Having served notice to parties who neglects, fails for attending
reference, arbitrator shall have power to hearings ex-parte. Arbitrator shall
record by keeping minutes of hearings of arbitration and taking notes of
evidence of witnesses as may be lead by any party to which arbitrator can
justly examine. Arbitrator shall pass award within _____________months after
entering the reference and the award made by the arbitrator shall bind and
concluding on the parties. If award is not passed by the arbitrator within fix
stipulated period or the arbitrator dies, or can not act due to illness or
denies to act before making award, this agreement shall become nullity and
documents filed with the Arbitrator shall be returned to the party producing
the same. Fee of Arbitrator shall be Rs._________ which fees and costs of this
reference and other expenses relating to the arbitration shall be borne by both
the parties in such proportions as inserted arbitrator. Arbitration herring
shall at ……………………………………. English shall be used in all written documents laid in
arbitration hearings.
3. Parties agreeing for
cooperating with arbitrator by furnishing the arbitrator all information's/
explanations as needed by him.
4. This submission to
arbitration shall be based on enactments of the Arbitration and Conciliation
Act, 1996 or any mandatory alteration thereof.
5. Award made by the
arbitrator per this agreement shall be filed in court within one month from the
date of signing of the award by Arbitrator and a decree shall be got per terms
of the award.
In Witness Whereof, the parties hereunto have signed this agreement
Date:
Witness:
1. The First Part Party
2. The Second Part party
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