Arbitral Award by 2/3 Arbitrators Template

About this agreement

Title: Arbitral Award by Two out of the Three Arbitrators Format

Need a precise Arbitral Award by Two out of the Three Arbitrators Format to finalize your arbitration proceedings efficiently? Our ready-to-use legal template in PDF or Word format ensures compliance with Indian arbitration laws, saving you time and legal costs.

In arbitration disputes involving a panel of three arbitrators, Section 10 of the Arbitration and Conciliation Act, 1996, mandates that decisions be made by a majority. When two arbitrators agree, they can issue the Arbitral Award by Two out of the Three Arbitrators Format, binding on all parties. This document formalizes the resolution of disputes outside traditional courts, promoting faster and confidential settlements.

Why is it Important?

The Arbitral Award by Two out of the Three Arbitrators Format is crucial for upholding the integrity of the arbitration process. It provides a legally enforceable decision under Indian law, enforceable as a court decree under Section 36 of the Act. Without a properly structured award, parties risk challenges in enforcement or setting aside under Sections 34 or 61. This format ensures adherence to principles of natural justice, reasoned decisions, and finality, minimizing litigation delays. Ideal for businesses seeking swift dispute resolution in commercial matters.

Key Elements of the Arbitral Award by Two out of the Three Arbitrators Format

A comprehensive Arbitral Award by Two out of the Three Arbitrators Format includes:

Preamble: Details of parties, arbitration agreement, tribunal composition, and reference to Section 10.
Recitals: Brief facts of the dispute and procedural history.
Issues Framed: Specific questions for determination.
Findings and Reasons: Analysis of evidence, arguments, and legal reasoning by the majority.
Operative Part: Clear award directions, including reliefs, amounts, and timelines.
Costs and Interest: Allocation of arbitration costs, legal fees, and interest rates.
Dissent Note: Space for the third arbitrator's opinion, if any.
Signatures: Signed by the two agreeing arbitrators, dated and stamped.

This structure meets court requirements for validity and enforceability in India.

Who Should Use This Arbitral Award Format?

This Arbitral Award by Two out of the Three Arbitrators Format is essential for:

Businesses in commercial arbitration (contracts, partnerships, joint ventures).
Construction companies resolving project disputes.
Parties in civil disputes like property or intellectual property matters.
Corporate legal teams handling multi-party arbitrations.
Law firms drafting awards for clients under Indian or international arbitration rules.

Common in high-stake cases where consensus among all three isn't possible, ensuring proceedings don't stall.

Download Your Customizable Arbitral Award Template Now

Get instant access to our free download of the Arbitral Award by Two out of the Three Arbitrators Format in editable Word or PDF. Customize it effortlessly with AI tools or professional legal help. Perfect for quick adaptations to your specific case details.

Important Note

While this ready-to-use legal template is designed for convenience, it's recommended to consult a qualified lawyer for personalization and compliance with the latest amendments to the Arbitration Act. For premium options, explore our paid customizable versions with AI-assisted drafting. Related searches: arbitration award sample India, majority arbitral award format, Section 10 award template, enforceable arbitration decision PDF.

ARBITRAL AWARD BY TWO OUT OF THE THREE ARBITRATORS

Non-Judicial

ARBITRAL AWARD BY TWO OUT OF THE THREE ARBITRATORS

In the Matter of an Arbitration between [parties]?THIS IS THE AWARD of us ____________________________________________________________ [insert the names, addresses etc. of two arbitrators] made the _______day of __________.

WHEREAS:

By an agreement dated the ______ day of ________ and made between [three parties thereto] after reciting certain differences between the parties thereto in connection with the partnership lately existing between them it was agreed that all matters in difference between the parties thereto in anyway relating to the said partnership should be referred to us the said [awarding arbitrators] and [dissenting arbitrator] or any two of us provided the award of the three or of any two of us should be made within such original or extended time as therein is mentioned.
In pursuance of the power contained in the said submission the three arbitrators duly enlarged the time for making their award until the _______ day of ________ next.
It was agreed between the parties to the said submission that the only matters in difference between them upon which we were required to award were the following namely [set out the specific matters upon which the arbitrators were called on to adjudicate].
We the said [two arbitrators] have agreed upon the award hereinafter contained but the said [dissenting arbitrator] has expressed his disagreement with and inability to concur in such award and has refused to execute the same.

NOW BE IT KNOWN that we the said [two arbitrators] do make our award of and concerning the said matters as follows:

We award determine and direct [award specifically upon the several matters agreed to be in dispute].
We award and direct the costs of all the parties to the submission of and incidental to the arbitration together with the costs of the arbitrators and of this award shall be borne and paid out of the partnership money of the parties to the said submission if and so far as they are sufficient and immediately available for that purpose but if and so far as the said money immediately available for the payment of such costs are insufficient for the purpose the said costs shall be borne and paid by the parties to the said submission in equal shares [or such other direction as the arbitrators think fit].

AS WITNESS etc.

Place:

[Signatures of the two arbitrators of Arbitral Tribunal]

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Important Guidelines

Guideline for Drafting Arbitral Award by Two out of the Three Arbitrators:

This document is utilized in arbitration proceedings involving three arbitrators, where a decision is reached by a majority of two arbitrators. Here's a brief guide for drafting this award:

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

Background and Reference: Summarize the key facts, claims, and counterclaims, providing a brief overview of the dispute that led to arbitration.

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

Majority Findings: Clearly outline the majority findings and conclusions reached by the two arbitrators, specifying the grounds for their decision.

Dissenting Opinion, if any: If applicable, address any dissenting opinions or reservations expressed by the third arbitrator, providing a complete picture of the decision-making process.

Common Mistakes to Avoid:

Inconsistent Language: 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 comprehensively, leaving no room for ambiguity or misunderstanding.

Unclear Attribution of Statements: Clearly attribute statements or opinions to the majority arbitrators and the dissenting arbitrator to avoid confusion.

Failure to Address Dissenting Opinions: If applicable, acknowledge and address dissenting opinions 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 out of the Three Arbitrators 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 out of Three Arbitrators?→

This is a legal document template under the Arbitration and Conciliation Act, 1996 in India, where two arbitrators out of a three-member tribunal issue the final award by majority decision when consensus is not reached.

Is this arbitral award format legally valid in India?→

Yes, Section 10 of the Arbitration and Conciliation Act, 1996 permits the majority of arbitrators to deliver the award, ensuring this template's validity for use across Indian jurisdictions.

Does this arbitral award require stamp duty in India?→

Arbitral awards may attract stamp duty under state-specific Stamp Acts in India. Affix the required stamp duty before enforcement or filing in court to avoid legal issues.

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

Download this customizable arbitral award in both PDF (for viewing/printing) and editable Word formats for easy use in your arbitration proceedings in India.

Can I customize or edit this arbitral award agreement?→

Yes, the Word version of this legal agreement is fully editable. Customize clauses, parties, and award details to fit your specific arbitration needs in India.

When should I use this Arbitral Award by Two out of Three Arbitrators template?→

Use this template when two arbitrators in a three-member panel agree on the award under Indian arbitration law, ensuring a binding decision without full tribunal consensus.