SPECIMEN ARBITRATION CLAUSE IN AGENCY AGREEMENT[CD1]
All
questions or differences arising out of this agreement relating to the
interpretation of this agreement or concerning or relating to the rights,
duties or liabilities pf the parties hereunder, or in respect of goods, moneys
or securing orders by the agent and forwarding thereof to the principal, or in
respect of delivery or non-delivery of orders by the principal on receipt of
the orders secured by the agent, or in respect of any damage or loss occurring
to any of the parties on account of the act or omission of the other, or
relating to fulfillment of the obligations of the parties under this agreement
or matters or any kind whatever arising out or in connection with this
agreement (whether during the continuance of the agency agreement or after its
completion and whether before or after the determination or breach of the
contract) shall be referred to the arbitration of Shri…………………………, sole
arbitrator. If the said Shri …………………………arbitrator dies or becomes unable to Act
or refuses to act, the parties may nominate another arbitrator in his place to
arbitrate upon the disputes or differences. The parties agree that they shall produce
before the arbitrator all books, deeds, papers, vouchers, registers and
documents within their possession or control, which the arbitrator may require
and call for, in his judgment relating to the matters referred. If the parties
neglect or refuse to attend on the reference after reasonable notice, the
arbitrator may proceed ex parte. The arbitrator shall keep the minutes of the
proceedings of arbitration in English and furnish copies of the same to each
party without any cost. The arbitrator shall be entitled to engage the services
of a stenographer, to record the proceedings of arbitration, the cost whereof shall
be borne by the parties equally. The cost of and incidental to the reference
and award shall. Be, in the discretion of the arbitrator, who may determine the
amount thereof and, shall direct by whom and to whom and in what manner the
same shall be borne and paid. This reference shall be deemed to be a reference
to arbitration Within the meaning of the Arbitration and Conciliation Act, 1996
or any statutory modification thereof. The arbitrator shall make his award
within six months from the date of entering on the reference or such further
extended time as may be decided by him with the consent of the parties. The
award of the arbitrator shall be final, conclusive and binding on the parties
to this contract. The parties agree that the award of the arbitrator shall not
be challenged on any ground excepting fraud collusion or error apparent on the
face of the award. None of the parties shall prosecute the arbitrator
concerning the matters referred to arbitration
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