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Draft Arbitration Clause

The Parties to the Contract may consider incorporating the following Arbitration Clause, in their Invoices / Purchase Orders / MoUs / any other Agreements / Contracts

 

Draft Arbitration Clause

 

Disputes or differences that may arise between the parties, arising under this transaction/ Contract, shall be resolved through the means of Arbitration, at “(Place / Mumbai”).

 

The Arbitration Clause may further provide for the following:

 

1.     The Arbitration shall be by Sole Arbitrator / by Arbitral Tribunal consisting of three Members. Each party shall appoint One Arbitrator and thereafter, these two Arbitrators shall appoint the third Arbitrator.

 

2.     The Arbitration shall be done by “Name of the Arbitral Institution”.

 

3.     Notice: All communication / correspondence / Notices shall be sent through Email. Any of the party, in addition to Email, may also communicate through Whatsapp. If there is any change in Email or Whatsapp number, the same shall be informed accordingly, in advance.

Email Party Number 1:

Whatsapp Party Number 1:

Email Party Number 2:

Whatsapp Party Number 2:

 

4.     Qualification of Arbitrator: If the nature of Contract / Transaction is such that an Expert would be best suited to resolve the controversy that may arise in future, the Arbitration Clause may provide for the Qualification of Arbitrators. In such situation, preferably, the adjudication may be by Arbitral Tribunal of three Arbitrators, where, there can be two Technical Members and one Judicial Member.

 

5.     Language to be used in Arbitration Proceedings: English / Hindi / ……..

 

6.     Fast Track Procedure: The Dispute shall be resolved by Fast Track procedure, as provided under Section 29-B(3) of the Arbitration and Conciliation Act, 1996. Fast Track procedure, among other things, mandates the Arbitrator to pass an Award within Six months from the date on which the arbitrator or all the arbitrators, as the case may be, have received notice, in writing, of their appointment.

 

7.     Conciliation before Invoking Arbitration: That, Parties shall endeavour to settle their dispute by the Means of Conciliation, by following the procedure set out in Part III, titled as “Conciliation” in the Arbitration and Conciliation Act, 1996. If the Conciliation fails, then only, the Arbitration may be invoked. Further, the Conciliation must be availed within one month from the date of accrual of any grievance. If the aggrieved fail to invoke Conciliation within one month, then, thereafter, the aggrieved cannot invoke Conciliation, nor can invoke Arbitration; and the aggrieved would have to then avail the general remedy available under the Law, that is to file Suit.


8. It is further expressly agreed that All and Any Claims or Defenses, by or through, any Men or Women, shall deemed to have been lodged and/or made, under the Solemn Oath of Ancestors of those lodging such Claims or advancing Defenses. An express Statement to this effect, shall contain in any inter se communication and correspondences involving any Claim or Defenses; and in any Pleadings between the parties, involving any Claim or Defenses. Assertion of such Statement shall be a condition precedent to invoke Arbitration, and a condition precedent to constitute any legitimate factual Defense. The Parties and Courts shall consider this stipulation as Sacrosanct and indispensable to the instant transaction / Contract.

 9.     Subject to Jurisdiction of Courts at (Place / Mumbai).

  


Sandeep Jalan

Advocate

https://www.litigationplatform.com/


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