Format of Agreement for Reference to Two Arbitrators

Format of Agreement for Reference to Two Arbitrators

Birth Certificate Affidavit FormatThis deed of agreement made on this ___________, 2000 between:

  1. SN, aged about ___ years, r/o ______________________, hereinafter called the 1st party.
  2. PK aged, about ___ years s/o Mr. GC r/o ________________, hereinafter called the 2nd party.
  3. RK aged about 25 years s/o Mr. GC r/o __________________, hereinafter called the 3rd party.

Where as first, second and third parties have been carrying on business of sales and purchase of electrical goods at _______________________ in partnership under name and style _____________________ since ____________.

and Where as all the three parties have invested equal capital at the start of the business.

and Where as all the three parties have equal share of profit and loss in partnership business,

and Where as difference have arisen between the parties and now it has become impossible to carry on the business under the partnership.

and Where as the parties aforesaid have agreed to refer the matters hereunder to two arbitrators namely Mr. PK s/o Mr. RP r/o ___________________ and Mr. GL s/o Mr. SL r/o ____________________ for their decision.

Now This Deed of Arbitration Witnesses As Under: –

  1. That the profit and loss account of the partnership business shall be prepared under the supervision of arbitrators aforesaid.
  2. That the liabilities to pay the dues of the creditors by the parties shall be settled by the arbitrators on settlement of the account.
  3. That the arbitrators shall decide the date on which the partnership firm shall be deemed to be dissolved.
  4. That the arbitrators shall decide the matter within 4 months. But in case the matter is not decided within 4 month the time to make the award shall be extended by mutual consent of the parties.
  5. That the arbitrators are entitled to appoint an umpire, when they require during the period in which they are required to make the arbitration award.
  6. That if the arbitrators agree among themselves on the matter of dispute, then their award shall be final. If they differ on the matters, then umpire shall decide the matter and the award by umpire shall be binding on the parties.
  7. The arbitrators shall issue notice to the parties for appearance to clear the position of dispute and produce evidences which they think proper. But if the parties do not appear, the arbitrators shall decide the matter ex-parte.
  8. This deed of agreement shall be binding on the legal representatives, assignee and heir of the parties, in case of death of either party.
  9. The arbitrators may, if they deem it necessary, appoint an account for finalisation of the accounts and shall fix the remuneration of the accountant which shall be included in the cost of the arbitrators fee.
  10. On the arbitration award, if any sum is due on any of the parties, then the party in whose favour the award is granted, may apply to the Court for a decree upon the award and for extension thereof.
  11. That except the matter provided in this agreement, the provisions of the Arbitration Act shall apply.
  12. That it shall be the discretion of the arbitrators to fix the cost of this reference.

The abovenamed parties do hereby agree to all the terms and conditions stated above without any duress, coercion or undue influence and after fully understanding the terms of this deed of arbitration and bind ourselves, our heirs, assignees and legal representatives, and hereby put our hands on this __________, 2000 in the presence of the following witnesses:

 

 

Witnesses:

  1. Name……………..                 1.Signature…………                     1st party

Address…………..

  1. Name……………..                 2.Signature…………                     2nd party

Address…………..

  1. Name……………..                 3.Signature…………                     3rd party

Address…………….

Format of Agreement of Reference to two Arbitrators

Birth Certificate Affidavit FormatThis Agreement made at … this … day of… between Mr. A of the one Part and Mrs. B of the other Part…. residing at …

Whereas Mr. A and Mrs. B are full brother and sister.

and Whereas the father of both A & B 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. X and Mr. Y. the former being appointed by Mr. A and the latter by Mrs. B.

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. X and Mr. Y.
  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.

Signed by the with in named

Mr. A …… in the presence of

Signed by the with in named

Mr. B …… in the presence of