Free Arbitral Award Template by 2 Arbitrators India PDF/Word

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Title: Arbitral Award by Two Arbitrators and Presiding Arbitrator Format

Need a reliable Arbitral Award by Two Arbitrators and Presiding Arbitrator Format for your arbitration proceedings in India? Download our ready-to-use legal template in PDF or Word format today.

In the realm of alternative dispute resolution, an Arbitral Award by Two Arbitrators and Presiding Arbitrator Format serves as the final and binding decision rendered by a tribunal consisting of three members: two arbitrators appointed by the parties and a presiding arbitrator. Governed by the Arbitration and Conciliation Act, 1996, this document is crucial for resolving commercial, construction, or partnership disputes efficiently without lengthy court battles.

Why is it Important?

An Arbitral Award by Two Arbitrators and Presiding Arbitrator Format is essential because it provides a conclusive resolution to disputes, enforceable as a court decree under Section 36 of the Act. It ensures fairness through majority decision-making (2:1), minimizes delays, and upholds confidentiality. In India, courts uphold these awards unless challenged on limited grounds like public policy violations, making it a preferred choice for businesses seeking swift justice. Using a standardized Arbitral Award by Two Arbitrators and Presiding Arbitrator Format helps comply with legal requirements, reducing the risk of procedural errors that could lead to award set-asides under Section 34.

Key Elements of the Arbitral Award by Two Arbitrators and Presiding Arbitrator Format

Our customizable Arbitral Award by Two Arbitrators and Presiding Arbitrator Format includes all essential sections:

Preamble: Details of the arbitration agreement, parties involved, and tribunal composition (two arbitrators and presiding arbitrator).
Procedural History: Summary of hearings, evidence presented, and timeline of proceedings.
Issues for Determination: Clear statement of disputes referred to arbitration.
Findings and Reasons: Detailed analysis of facts, law applied (including Indian Contract Act, Specific Relief Act), and rationale for the decision, signed by majority.
Operative Part: Specific reliefs, such as payment of money, specific performance, or dismissal of claims, with interest and costs allocation.
Signature and Date: Signatures of the two arbitrators and presiding arbitrator, or notation of dissent.
Annexures: Supporting documents like pleadings, witness statements, and expert reports.

This comprehensive structure ensures the award is reasoned, as required by Section 31(3), enhancing its enforceability.

Who Should Use This Arbitral Award by Two Arbitrators and Presiding Arbitrator Format?

This format is ideal for:

Businesses in commercial arbitrations involving contracts, joint ventures, or supply agreements.
Construction companies resolving project delays or payment disputes.
Partnerships or shareholders in intra-company conflicts.
Individuals in high-value civil disputes preferring arbitration over litigation.

Common in Indian institutional arbitrations like those under ICC, SIAC, or domestic centers, it's perfect for parties appointing a three-member tribunal.

Download Your Arbitral Award by Two Arbitrators and Presiding Arbitrator Format Now

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Important Note on Customization and Legal Advice

While our Arbitral Award by Two Arbitrators and Presiding Arbitrator Format, legal template is a valuable starting point, always consult a qualified arbitration lawyer for personalization. Ensure it aligns with your arbitration agreement and latest amendments to the Arbitration Act. For related documents, explore our Non-Disclosure Agreement Format, Partnership Deed Sample, or other arbitration templates. Achieve enforceable resolutions faster – download today!

ARBITRAL AWARD BY TWO ARBITRATORS AND PRESIDING ARBITRATOR

Non-Judicial

ARBITRAL AWARD BY TWO ARBITRATORS AND PRESIDING ARBITRATOR, THE ARBITRATORS DECIDING SOME MATTERS AND THE PRESIDING ARBITRATOR DECIDING ONLY MATTERS UPON WHICH ARBITRATORS DIFFER: CLAIM ON GUARANTEE

In the Matter of an Arbitration between [parties]?THIS IS THE AWARD of us _____________________________ [insert the name, address etc. of first arbitrator] [insert the name, address etc. of second arbitrator] and [insert the name, address etc. of Presiding Arbitrator] made the _________ day of ________.

WHEREAS:

By an agreement dated the _________ day of _______ and made between [insert the name, address etc. of creditor] of the one part and __________________ [insert the name, address etc. of surety] of the other part after reciting that on the _________ day of __________ the said [surety] signed and gave to the said [creditor] an instrument in writing guaranteeing and promising the said [creditor] that the said [surety] would be responsible to the said [creditor] for the due payment for any goods which he might after the date thereof sell and deliver on credit to one __________________ [insert the name, address etc. of debtor] and reciting that the said [creditor] alleged that he had afterwards sold and delivered on credit to the said [debtor] goods in respect of which there was then due to the said [creditor] a balance of Rs.________- and that differences had arisen between the parties thereto as to the liability of the said [surety] on the said guarantee the said [surety] disputing the value of the goods supplied to the said [debtor] after the date of the guarantee and also alleging that he was discharged by reason of fraudulent concealment by the said [creditor] before the guarantee was given and also by reason of time given to the said [debtor] after his term of credit had expired then it was agreed between the parties thereto that all matters in difference between them should be referred to the said [first arbitrator] and [second arbitrator] and if and so far only as to such matters as they should be unable to agree to their third arbitrator to be appointed by them in writing before entering on the reference. ?
The said [first arbitrator] and [second arbitrator] by writing under their hands dated the _______ day of ________ appointed the said [third arbitrator] to be the Presiding Arbitrator in accordance with the said agreement. ?
The said arbitrators and Presiding Arbitrator took upon themselves the burden of the said reference and have heard and considered the witnesses and evidence of both the parties and the said arbitrators have agreed as to some of the matters so referred to them but have been unable to agree as to other matters. ?

NOW BE IT KNOWN that we the said [first arbitrator] and [second arbitrator] hereby find and award as follows that is to say:

We find that there is due from the said [debtor] a balance of Rs. _______ in respect of goods supplied to him on credit by the said [creditor] after the date of the said guarantee.
We also find that the said guarantee was not void by reason of any fraudulent concealment by the said [creditor] before the same was given by the said [surety] but we are unable to agree whether the said [surety] was released and discharged by the said [creditor] giving time to the said [debtor] in pursuance of a binding agreement and consequently we are unable to agree as to whether any sum is payable by the said [surety] to the said [creditor] or as to how the cost should be borne and paid.

AND I the said [Presiding Arbitrator] hereby find and award as follows that is to say:

I find that the said [surety] has not been discharged by the said[creditor] giving time to the said [debtor].
I award that there is now due from the said [surety] to the said [creditor] the said sum of Rs._________ and I direct the said [surety] to pay the said sum of Rs._________ to the said [creditor] on the _______ day of_______ [between the hours of __________ and _________ of the clock in the [forenoon]] at the office of ... the solicitors of the said [creditor].
I direct the said [surety] to pay to the said [creditor] his costs of and attending the reference and to pay the costs of the arbitrators and myself and of this award which costs I tax and settle at the following amounts namely the costs of each of the arbitrators at the sum of Rs._________ and my own costs at the sum of Rs.__________.

AS WITNESS etc.

?Place :

[Signatures of arbitrators and Presiding

Arbitrator of the Arbitral Tribunal]

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Important Guidelines

Guideline for Drafting Arbitral Award by Two Arbitrators and Presiding Arbitrator:

This document is employed in arbitration proceedings involving three arbitrators, where two arbitrators and a presiding arbitrator jointly render an arbitral award. Here's a brief guide for drafting this document:

Title and Identification: Clearly title the document as "Arbitral Award by Two Arbitrators and Presiding Arbitrator." Include the names of the arbitrators, parties involved, and the case reference.

Background and Reference: Provide a concise overview of the dispute, referencing relevant facts, claims, and counterclaims presented during the arbitration proceedings.

Legal Framework: Establish the legal framework governing the arbitration process, citing applicable arbitration rules and laws.

Joint Findings and Conclusions: Outline the joint findings and conclusions reached by the two arbitrators and the presiding arbitrator on the merits of the dispute.

Execution and Signatures: Include spaces for the signatures of all three arbitrators, confirming their joint agreement on the arbitral award.

Common Mistakes to Avoid:

Lack of Consistency: Ensure consistency in language and tone throughout the award to present a unified and coherent document.

Neglecting Legal Framework: Clearly identify the arbitration rules and laws governing the proceedings to avoid challenges to the validity of the award.

Omission of Key Findings: Address all key findings and conclusions in a comprehensive manner, leaving no room for ambiguity or misunderstanding.

Unclear Attribution of Statements: Clearly attribute statements or opinions to the individual arbitrators to avoid confusion regarding their respective contributions.

Failure to Include Dissenting Opinions: If applicable, include any dissenting opinions or reservations expressed by individual arbitrators to provide a transparent record of the decision-making process.

By adhering to these guidelines and avoiding common mistakes, a well-drafted Arbitral Award by Two Arbitrators and Presiding Arbitrator ensures a clear, consistent, and legally sound resolution to disputes in arbitration proceedings involving a three-member arbitral tribunal. This type of award is commonly used in complex commercial arbitrations and international disputes.

Frequently asked questions

What is an Arbitral Award by Two Arbitrators and Presiding Arbitrator?→

This is a legal document under India's Arbitration and Conciliation Act, 1996, issued by a tribunal with two arbitrators and a presiding arbitrator to resolve disputes through a majority decision.

Is this arbitral award template legally valid in India?→

Yes, this format complies with Section 27 of the Arbitration and Conciliation Act, 1996, ensuring enforceability in Indian courts when properly signed and reasoned.

Does this arbitral award require stamp duty in India?→

Arbitral awards generally do not attract stamp duty unless involving immovable property; verify with state-specific stamp laws in India before execution.

In what format can I download this arbitral award document?→

Download this customizable legal agreement in editable Word or PDF formats, suitable for immediate use in Indian arbitrations.

Can I customize or edit this arbitral award template?→

Yes, fully editable to include specific dispute details, parties, and award terms; tailor it to your arbitration proceedings in India.

When and who should use this Arbitral Award by Two Arbitrators and Presiding Arbitrator?→

Use this for three-member arbitral tribunals in commercial disputes in India, where the presiding arbitrator signs on behalf of the panel under the Act.