Arbitration Agreement Two Arbitrators Template

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Arbitration Agreement Referring the Matter in Dispute to Two Arbitrators Format

Are you seeking a reliable Arbitration Agreement Referring the Matter in Dispute to Two Arbitrators Format to resolve your disputes efficiently outside the court? In India, under the Arbitration and Conciliation Act, 1996, this legal template empowers parties to appoint two arbitrators for a fair and binding resolution, saving time and costs compared to lengthy litigation.

What is an Arbitration Agreement Referring the Matter in Dispute to Two Arbitrators?

An Arbitration Agreement Format referring disputes to two arbitrators is a written contract where disputing parties agree to submit their matter to arbitration by two neutral arbitrators instead of courts. This format is particularly useful when parties want balanced representation, as each can appoint one arbitrator, and they jointly appoint a presiding one if needed. It's governed by Section 7 of the Arbitration Act and ensures confidentiality, expertise, and enforceability of awards.

Common in commercial contracts, partnerships, and construction disputes, this Arbitration Agreement Sample outlines the scope of disputes, arbitrator selection, and procedural rules, making it a ready-to-use legal template for Indian businesses and individuals.

Why is This Arbitration Agreement Format Important?

Opting for an Arbitration Agreement Referring the Matter in Dispute to Two Arbitrators Format is crucial for several reasons:

Speedy Resolution: Arbitration is faster than court proceedings, often concluding in months.
Cost-Effective: Reduces legal fees and court expenses.
Expertise: Arbitrators with domain knowledge deliver informed decisions.
Confidentiality: Keeps disputes private, protecting business reputation.
Binding Awards: Enforceable like court decrees under Section 36 of the Act.

In India's evolving legal landscape, especially post-2015 amendments emphasizing minimal court intervention, this format ensures compliance with court/company requirements for alternative dispute resolution (ADR).

Key Elements of the Arbitration Agreement Template

A comprehensive Arbitration Agreement Format must include:

Parties' Details: Full names, addresses, and contact information of both parties.
Description of Dispute: Clear reference to the matter in dispute or future disputes arising from a contract.
Appointment of Arbitrators: Clause specifying two arbitrators, one by each party, and mechanism for the third if required.
Seat and Venue: Location of arbitration (e.g., Mumbai, Delhi) to determine curial law.
Rules and Procedure: Reference to Arbitration Act, 1996, or institutional rules like ICC/MCCI.
Language: English or regional language for proceedings.
Costs and Fees: Allocation of arbitrator fees and expenses.
Award Timeline: Stipulated period for award delivery.
Signatures: Executed by authorized representatives.

Our customizable Arbitration Agreement Sample in PDF/Word format covers all these essentials, ready for immediate use.

Who Should Use This Arbitration Agreement Referring the Matter in Dispute to Two Arbitrators?

This legal template is ideal for:

Businesses in commercial disputes (contracts, partnerships, joint ventures).
Construction companies resolving project delays or payments.
Partners in partnership deeds with arbitration clauses.
Individuals in property or family business disputes.
Corporates mandating ADR in standard agreements.

Whether in civil matters or pre-emptively in contracts, it's perfect for parties preferring two-arbitrator panels for neutrality.

Download Your Free Arbitration Agreement Format Today!

Get instant access to our Arbitration Agreement Referring the Matter in Dispute to Two Arbitrators Format in editable Word or PDF. Free download available – customize online with AI tools or seek legal help for personalization. Paid options offer premium templates with expert-reviewed clauses.

Important Note: While this ready-to-use Arbitration Agreement Template is designed for convenience, it's advisable to consult a qualified lawyer to tailor it to your specific needs and ensure compliance with Indian laws. For related documents, explore our Arbitration Clause Format, Single Arbitrator Agreement Sample, or Conciliation Agreement PDF.

Resolve disputes smarter – download now and secure your peace of mind! (Word count: 582)

ARBITRATION AGREEMENT REFERRING THE MATTER IN DISPUTE TO TWO ARBITRATORS

Non-Judicial

ARBITRATION AGREEMENT REFERRING THE MATTER IN DISPUTE TO TWO ARBITRATORS

THIS AGREEMENT made at??????..on this??????day of????.20?between A, son of B, resident of hereinafter referred to as "the party of the FIRST PART" (which expression shall unless it be repugnant to the context or meaning thereof include his heirs, executors, administrators, legal representatives and assigns) and Q Son of D, resident of????..hereinafter referred to as "the party of the SECOND PART" (which expression shall unless it be repugnant to the context or meaning thereof Include his heirs, executors, administrators, legal representatives and assigns).

WHEREAS [P1] the party of the First Part has undertaken to construct a building for the party of the Second Part vide Agreement dated(hereinafter referred to as "the said agreement).

AND WHEREAS [P2] the differences and disputes have arisen between the said parties above mentioned relating to the said agreement and the parties hereto could not settle the disputes mutually.

AND WHEREAS [P3] the parties have agreed to refer their disputes to the arbitration, of two arbitrators Mr . ..................... and ????????..

NOW THIS AGREEMENT WITNESSES AS FOLLOWS:

(1) [P4] All the disputes between the parties relating to the said agreement shall be referred to arbitration of two arbitrators viz. Shri????..and Shri???.(hereinafter referred to as "the arbitrators") for their final determination.

(2)[P5] The arbitrators shall appoint a presiding arbitrator within a period of one month of these presents

(3) [P6] The arbitrators shall have the power to open up, review and revise any certificate, opinion, decision, notice or requisition and to determine all matters in dispute.

(4) [P7] The arbitrators shall make their award within a period of four months or such further extended time as may be decided by them, as the case may be, with the consent of the parties from the date. of entering on the reference.

(5) [P8] If during the arbitration proceedings, the parties mutually agree, compromise or compound their disputes, the reference to arbitration and the appointment of the arbitrators shall be deemed to have been revoked and the arbitration proceedings shall stand withdrawn or terminated with effect from the date on which the parties file a joint memorandum of Settlement thereof, with the arbitrators

(6) [P9] If the arbitrators agree among themselves, then their award shall be final and binding on the then the arbitrators shall give a notice in writing to the presiding parties. If the arbitrators do not agree, arbitrator stating that they cannot agree and in such case the presiding arbitrator shall enter on the reference and he shall make his award within two months of entering on the reference or within such extended time as the parties may allow.

(7) [P10] The parties agree that they would cooperate and produce before the arbitrators or umpire all books, deeds, papers, accounts, writings and documents within their possession or power, which may be required or called for, and do all other things which during the proceedings on the reference, the arbitrators or presiding arbitrator may require. If any of the parties do not cooperate or remains absent at the reference, the arbitrators or the presiding arbitrator Would be -at liberty to proceed with the reference ex-parte.

(8) [P11] The parties agree that this reference to arbitration would not be revoked by the parties or by the death of either party

(9) [P12] If during the arbitration, the arbitrator or arbitrators become incapacitated, either by death, sickness or any other inability, then the parties may nominate another arbitrator or arbitrators, in, place of the arbitrator or arbitrators becoming incapacitated.

(10) [P13] The cost of and incidental to the reference and award respectively shall be In the discretion of the arbitrators, who may determine the amount thereof, or direct the same to be taxed as between attorney and client or as between party and party, and shall direct by whom and to whom and in what manner, the same shall be borne and paid.

(11) [P14] This arbitration shall be deemed to be a submission to arbitration within the meaning of the Arbitration and Conciliation Act, 1996 or any statutory modification thereof and the provisions of Arbitration and Conciliation Act, 1996, so far as applicable and as are not inconsistent or repugnant to the purposes of this reference shall apply to this reference to arbitration.

(12) [P15] The award of the arbitrators or the presiding officer, as the case may be, shall be final and binding on the parties

(13) [P16] It is agreed that the party of the first part shall not delay the carrying out of the works by reason of disputes being referred to arbitration-and shall -proceed with the works with all due diligence.

(14) [P17] The arbitration proceedings shall take place at New Delhi.

(15) [P18] The arbitration proceedings will be conducted in English language and all parties shall file their pleadings etc. in English language. The parties -shall also file documentary evidence accompanied by a translation into English language

IN WITNESS WHEREOF, the parties have signed these presents hereof, the day and year first hereinabove written.

WITNESSES

1 Signed and delivered by A

2 Signed and delivered by C

[P1]Recitals First party agreed to construct a building

[P2]Disputes arisen, which could not be settled

[P3]Agreement to refer the disputes to arbitration

[P4]Reference of disputes to arbitration

[P5]Appointment of presiding arbitrator

[P6]Power of arbitrators

[P7]Award to be given in four months

[P8]Arbitration deemed to be revoked, If parties compromise

[P9]Presiding arbitrator entering on the reference

[P10]Parties covenant to cooperate with arbitrators

[P11]Arbitration not to be revoked by death of any party

[P12]Substituted arbitrator

[P13]Cost of arbitration

[P14]Arbitration governed by Arbitration and conciliation Act, 1996

[P15]Award final and binding

[P16]Builder covenant not to delay the work due to reference of disputes to arbitration

[P17]Place of arbitration

[P18]Language to be used in the arbitral proceedings

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Important Guidelines

Guideline for Drafting Arbitration Agreement Referring the Matter in Dispute to Two Arbitrators:

This agreement is crucial when parties opt for a panel of two arbitrators to resolve their disputes. Here's a concise guide for drafting this agreement:

Title and Identification: Clearly title the document as "Arbitration Agreement Referring Matter in Dispute to Two Arbitrators." Include names of the parties, effective date, and case details.

Scope of Dispute: Define the scope of disputes subject to arbitration, specifying the categories of issues that may arise and fall within the jurisdiction of the two-arbitrator panel.

Arbitrator Selection: Clearly outline the process for selecting the two arbitrators, emphasizing impartiality and fairness. Include provisions for the appointment of a neutral arbitrator or representatives from both parties.

Arbitration Procedure: Clearly state the procedural rules governing the arbitration process, ensuring a fair and efficient resolution. Specify timelines, evidentiary rules, and the location of hearings.

Confidentiality and Finality: Incorporate clauses on confidentiality to protect sensitive information and emphasize the finality of the arbitration award.

Common Mistakes to Avoid:

Ambiguous Selection Process: Clearly outline the process for selecting two arbitrators, avoiding ambiguity that may lead to disputes or delays.

Failure to Specify Rules: Clearly reference and specify the arbitration rules governing the proceedings, ensuring a structured and recognized process for the two-arbitrator panel.

Incomplete Arbitrator Details: Clearly outline the process for appointing two arbitrators and provide details regarding their qualifications, selection criteria, and potential replacements.

Omission of Governing Law: Clearly state the governing law and the seat of arbitration for the two-arbitrator panel to avoid uncertainties regarding the legal framework.

Lack of Signatures: Ensure the agreement is duly signed by authorized representatives of both parties, confirming their consent to resolve disputes through a panel of two arbitrators.

By following these guidelines and avoiding common mistakes, a well-drafted Arbitration Agreement Referring Matter in Dispute to Two Arbitrators provides a structured and effective mechanism for resolving disputes. This type of agreement is commonly used in various legal contexts, including commercial contracts and construction projects, where parties opt for a panel of two arbitrators for efficient and informed decision-making.

Frequently asked questions

What is the purpose of this Arbitration Agreement referring the matter in dispute to two arbitrators?→

This is a legal agreement under India's Arbitration and Conciliation Act, 1996, where parties mutually agree to resolve disputes via arbitration by appointing two arbitrators, avoiding court litigation.

Is this Arbitration Agreement legally valid in India?→

Yes, it is legally enforceable across India if properly executed, witnessed, and complies with the Arbitration and Conciliation Act, 1996, making disputes arbitrable.

Does this Arbitration Agreement require stamp duty in India?→

Yes, it attracts stamp duty as per the Indian Stamp Act and relevant state schedules; nominal rates apply—verify your state's requirements before signing.

In what format can I download this Arbitration Agreement?→

Download this Arbitration Agreement in editable Word or PDF format for convenient use and customization.

Can I customize or edit this Arbitration Agreement template?→

Absolutely, this customizable legal template allows editing of party details, dispute matters, and clauses to fit your specific needs in India.

When and who should use this Arbitration Agreement with two arbitrators?→

Use it when parties in commercial or contractual disputes in India prefer each appointing one arbitrator; ideal for businesses seeking faster, private resolution.