India Two Arbitrators Agreement Template

About this agreement

Title: Agreement for Reference to Two Arbitrators Format

Are you seeking a professional Agreement for Reference to Two Arbitrators Format to resolve disputes efficiently? Our ready-to-use legal template in PDF and Word format is designed for quick download and customization, perfect for businesses and individuals in India.

What is an Agreement for Reference to Two Arbitrators?

An Agreement for Reference to Two Arbitrators Format is a crucial legal document under the Arbitration and Conciliation Act, 1996 in India. It allows disputing parties to mutually agree to refer their dispute to two arbitrators instead of one, ensuring a balanced and fair resolution process. This format is commonly used when parties prefer dual representation to avoid bias and expedite settlements outside traditional courts.

This customizable template outlines the terms for appointing two arbitrators, defining their powers, and setting the arbitration procedure. Whether you're dealing with commercial contracts, partnership disagreements, or construction disputes, having a standardized Agreement for Reference to Two Arbitrators Format saves time and reduces legal costs.

Why is it Important?

In India's overburdened judicial system, arbitration offers a faster, confidential, and cost-effective alternative. An Agreement for Reference to Two Arbitrators ensures neutrality by involving two experts, often one from each side, who may appoint an umpire if needed. It's legally binding under Section 7 of the Act, making the award enforceable like a court decree.

Key benefits include:

Speedy Resolution: Avoid lengthy court trials.
Confidentiality: Keep disputes private.
Expertise: Arbitrators bring specialized knowledge.
Flexibility: Parties control the process and timeline.

Using a ready-to-use Agreement for Reference to Two Arbitrators Format minimizes errors and ensures compliance with court and company requirements, protecting your interests effectively.

Key Elements of the Agreement for Reference to Two Arbitrators Format

A comprehensive Agreement for Reference to Two Arbitrators Format should include:

Parties Involved: Full names, addresses, and contact details of the disputing parties.
Dispute Description: Clear statement of the dispute, including reference to the original contract.
Appointment of Arbitrators: Names or method of selecting two arbitrators (e.g., each party nominates one).
Umpire Clause: Provision for appointing an umpire if arbitrators disagree.
Arbitration Procedure: Rules governing hearings, evidence, language, and venue.
Seat of Arbitration: Specified location in India, impacting governing law.
Costs and Fees: Allocation of arbitrator fees and expenses.
Award Timeline: Deadlines for delivering the final award.
Signatures: Executed by all parties with witnesses.

Our free download Agreement for Reference to Two Arbitrators Format incorporates all these essential sections, making it fully compliant and ready to use.

Who Should Use This Agreement for Reference to Two Arbitrators Format?

This legal template is ideal for:

Businesses: In commercial disputes, joint ventures, or supply agreements.
Contractors and Developers: For construction or project delays.
Partners: In partnership dissolutions or profit-sharing conflicts.
Individuals: In property or tenancy disputes.

Common use cases include civil disputes, breach of contract claims, and pre-litigation settlements across India.

Download Your Customizable Agreement for Reference to Two Arbitrators Format Now

Get instant access to our professional Agreement for Reference to Two Arbitrators Format in PDF/Word format. Customize it with AI tools or seek legal help for your specific needs. Paid options ensure premium, editable templates tailored for Indian courts.

Final Note

While this ready-to-use Agreement for Reference to Two Arbitrators Format is a valuable starting point, it's recommended to consult a legal expert for personalization. Not a substitute for professional advice. Explore related templates like Arbitration Agreement Format, Reference to Arbitrator Sample, or Clause for Two Arbitrators for more options.

AGREEMENT FOR REFERENCE TO TWO ARBITRATORS

Non-Judicial

AGREEMENT FOR REFERENCE TO TWO ARBITRATORS

THIS AGREEMENT made on theday ofBETWEEN AB, etc., of the one part AND CD, etc. of the other part.

WHEREAS the parties aforesaid have been carrying on the business as partners in the name and style of. atunder a partnership deed dated.;

AND WHEREAS each party has contributed to the capital of the partnership RSand has been sharing the profit and loss of the partnership in equal shares;

AND WHEREAS the business in the partnership has been carried on for the last years,

AND WHEREAS disputes and difference have arisen between the parties hereto rendering it impossible to carry on the business in the partnership; and

AND WHEREAS the parties have agreed to refer the following matters for the decision of two arbitrators, namely M/s. AND

(1) The amount of profit and loss as per the books of account of the partnership;

(2) The liability of the parties to pay the amounts on settlement of accounts; and

(3) Fixation of the date on which the partnership shall be deemed to be dissolved.

NOW IT IS HEREBTY AGREED as follows:

1. The arbitrators shall enter upon the reference and decide the aforesaid matters.

2. The arbitrators shall make their award within three months after entering upon the reference or after having been called on to act by notice in writing from any party to the submission, or on or before any later day to which the arbitrators by any writing signed by them may from time to time enlarge the time in making the award.

3. The aforesaid two arbitrators shall have the power to appoint an Umpire at any time of the period during which they have to make the award.

4. If the arbitrators agree among themselves then their unanimous decision shall award and will be binding on the parties. If the arbitrators do no agree, then the umpire shall make his award within one month, after the original or extended time appointed for making the award of the arbitrators has expired, or on before any later day to which the Umpire by any writing signed by him, may from time to time enlarge the time for making the award and in that case the decision of the Umpire shall be binding on the parties.

5. The arbitrators may proceed ex parte in case the either party fails to appear after reasonable notice.

6. This agreement shall remain effective and enforceable against the legal representatives of either party in case of death.

7. The arbitrators may appoint an accountant for examining the account of the party if they think necessary and the remuneration of the accountant as determined by the arbitrators shall be the costs in the reference to be paid by the parties as the arbitrators may direct in their award.

8. In case the arbitrators award that any sum is due from one party to the other, then the party to whom the said sum is awarded may apply to the court for having a decree passed in terms of the award and may realise the amount in execution of the decree from the other party.

9. The provisions of the Indian Arbitration & Conciliation Act, 1996, shall apply to this reference.

10. The costs of this reference shall be in the discretion of the arbitrators.

IN WITNESS WHEREOF the parties hereto have signed this agreement on the day and year first written above.

(Sd.)

(AB)

(Sd.)

(CD)

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Important Guidelines

Guidelines for Drafting an Agreement for Reference to Two Arbitrators:

Introduction: Clearly identify the parties involved, the date of the agreement, and the nature of the dispute to be resolved through arbitration.

Arbitrator Selection: Specify the names and details of the two arbitrators, outlining the process for their selection and any qualifications or criteria that must be met.

Arbitration Procedure: Define the procedural rules and guidelines for the arbitration, including the venue, language, and any specific rules to be followed during the arbitration process.

Terms of Reference: Clearly outline the scope of the dispute, the issues to be arbitrated, and any specific matters that the arbitrators should consider during the proceedings.

Confidentiality and Awards: Include provisions regarding the confidentiality of the arbitration proceedings and the issuance of a final award by the arbitrators.

Common Mistakes to Avoid:

Vague Arbitrator Selection Process: Clearly articulate the process for selecting arbitrators to avoid potential disputes or delays in the arbitration proceedings.

Incomplete Arbitration Procedure: Ensure that the agreement comprehensively outlines the entire arbitration procedure, leaving no room for ambiguity or misunderstandings.

Unclear Terms of Reference: Clearly define the scope of the dispute and the issues to be decided to provide guidance to the arbitrators and avoid procedural complications.

Ignoring Applicable Laws: Ensure that the agreement complies with relevant arbitration laws and regulations to enhance the enforceability of the arbitral award.

Failure to Specify Venue and Language: Clearly state the venue where the arbitration will take place and the language in which the proceedings will be conducted to avoid procedural challenges.

Lack of Confidentiality Clause: Include a confidentiality clause to protect sensitive information exchanged during the arbitration process.

Agreements for Reference to Two Arbitrators are used in various commercial contexts where parties agree to resolve disputes through arbitration. Following these guidelines helps ensure a smooth and fair arbitration process while avoiding common pitfalls that may arise during the resolution of disputes. Seeking legal advice during the drafting stage is advisable for increased clarity and legal soundness.

Frequently asked questions

What is an Agreement for Reference to Two Arbitrators?→

This is a legal agreement in India where disputing parties mutually agree to refer their dispute to two arbitrators for resolution under the Arbitration and Conciliation Act, 1996, bypassing court proceedings.

Is the Agreement for Reference to Two Arbitrators valid in India?→

Yes, it is legally valid across India when executed properly, stamped as per state laws, and complies with the Arbitration and Conciliation Act, 1996.

Does this agreement require stamp duty in India?→

Yes, it attracts nominal stamp duty varying by state (e.g., Rs. 100-500 in many states); ensure payment to make it admissible in court or arbitration.

In what format can I download the Agreement for Reference to Two Arbitrators?→

Available for free download in editable Word (.docx) and PDF formats for easy customization and professional use.

Can I edit or customize this Agreement for Reference to Two Arbitrators?→

Yes, it is fully customizable; modify party details, arbitrator clauses, and terms to fit your specific Indian legal needs.

When and who should use the Agreement for Reference to Two Arbitrators?→

Use it when two parties in a commercial or civil dispute in India prefer arbitration over litigation; ideal for businesses seeking quick, private resolution.