STANDARD FORMS OF CLAUSES IN ARBITRATION MATTERS

 STANDARD FORMS OF CLAUSES IN ARBITRATION MATTERS

                STANDARD ARBITRATION AGREEMENT 

1. The Arbitration Clause suggested by the committee on commercial Arbitration 

All matters, questions, disputes or differences whatsoever arising between the parties touching the construction, meaning, operation or effect of the contract or court of or relating to the contract or breach thereof , shall be settled by arbitration. 

 a. In accordance with the rules of the Arbitration tribunal, or

 b. In the country of the defendant, if the arbitration is to be held in India the dispute shall be settled in accordance with the rules of the Arbitration Tribunal and if it is to be held in India it shall be conducted in accordance with the rules of Administrative tribunal , or

c. By reference to a single arbitrator in case the parties agree upon one and in the absence of such agreement to a single arbitrator to be appointed by the Arbitrator. The arbitration shall be conducted at India and determining the arbitration clauses. 

d. By two arbitrators one to be appointed by each party to the dispute and the arbitrators shall, before taking upon themselves the burden of reference appoint an umpire. If the arbitrators cannot agree on the appointment of the umpire, the umpire shall be of a nationality other than that of the parties shall be appointed by the Arbitrator. The arbitration shall be conducted at the Arbitration Centre. 

e.  By reference to three arbitrators, one to be appointed by each party to the dispute and the third who shall be of a nationality other than that of the parties shall be appointed by other party. The arbitration shall be conducted at India. 

Judgment upon the award rendered may be entered in any court      having jurisdiction or otherwise the application may be made to such court for a judicial acceptance of the award and an order of enforcement as the case may be. The award shall be final and binding on the parties. This contract shall be governed by the laws of the Arbitration clauses. 

(2) Submission to arbitration of disputes arising under a future disputes arbitration clause.

Whereas by an agreement in writing, dated 22.05.2021 Made between AB and  CD , it was provided that disputes or differences arising under the agreement between the parties or differences arising under the agreement between the parties shall be referred to arbitration by/in accordance with the rules of ( name of the arbitrator/the arbitral institution).

 

DATED ….                                    (Signed) AB/CD

 

(3) Arbitration clause suggested at the ECAFE Conference on Commercial Arbitration (1966) 

i. All disputes or differences whatsoever arising between the parties out of or relating to the validity, construction, meaning, operation, or effect of the contract, or the breach thereof, shall be settled by arbitration in accordance with the Rules of the Tribunal 'X' and the contract shall be governed by the laws of India.

ii. When it is intended to have arbitration by arbitrator arbitrators to be appointed by the parties and riot in accordance with the rules of any arbitral tribunal, the following clause may be adopted. 

 All disputes or differences whatsoever arising between the parties    out of or relating to the validity construction, meaning, operation, or effect of the contract or the breach thereof shall be referred;

a.   To a single arbitrator in case the parties agree upon one and in the absence of such agreement to be reached within 30 days from the request of one party, the arbitrator to be appointed by appointing authority. 

b.   To three arbitrators, one each to be appointed by the parties to the difference, and the two before taking upon themselves the burden of reference, appoint an umpire. If the arbitrators cannot agree on the appointment of the umpire, the umpire who shall be of a nationality other than that of the parties shall be appointed by (name of the appointing authority), or

c.   To two arbitrators, one each to be appointed by the parties to the dispute and the third, who shall be of a nationality other than that of the parties shall be appointed.

The arbitration shall be conducted at (name of the place) in accordance with the local laws and regulations. The contract shall be governed by the law of India . The award shall be final and binding on the parties. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award and an order of enforcement as the case may be.

(Where there is an arbitration service agreement between arbitration associations of two countries the following arbitration clause may be used by traders of the two countries):

 

"Any dispute or difference whatsoever arising between the parties out of or relating to the validity, construction, meaning. operation or effect of the contract, or the breach thereof, shall be settled by arbitration pursuant to the Agreement of...... (name of the two associations)."

(4)        Institutional arbitration clauses

a.   Arbitration cause of the Indian Council of Arbitration: "All disputes or differences whatsoever arising between the parties out of or relating to the construction, meaning and operation or effect of this contract or the breach thereof shall be settled by arbitration in accordance with the rules of Arbitration of the Indian Council of Arbitration and the award made in pursuance thereof shall be binding on the parties.

 

b.   Arbitration clause of the ECAFE (ESCAP)

“Any dispute arising out of, or relating to this contract, which the parties have not been able to settle amicably shall be finally settled by arbitration, in accordance with the ECAFE’s Arbitration Rules which the parties declare to be known to them.

c.   Arbitration clause of the International Chamber of Commerce:

“All disputes arising in connection with the present contract shall be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.”

(5)        Submission or specific Matters under a Lease to a sole Arbitrator

AN AGREEMENT made the __________ day of ___________ between A.B. of etc. (hereinafter called “the Landlord”) of the one part and CD. Of etc. (hereinafter called “the tenant”) of the other part.

 

WHEREAS -

(1) By a Lease dated atc. And made between the Landlord of the one part and the Tenant of the other part certain premises known as ……. Were demised by the Landlord to the Tenant from the …….. day of ……. For the term of ………. Years at the yearly rent of Rs. and subject to the covenants, agreements, and conditions therein contained and on the part of the Tenant  to be observed and performed which included a covenant by the Tenant to keep the demised premises in complete tenantable repair and condition throughout the term and in such repair and condition to yield up the same at the determination of the tenancy.

(2) The term granted by the said Lease expired on the ………… day of ………

(3) Disputes and differences have arisen and are now subsisting between the parties hereto regarding alleged breaches of the covenants, agreements an conditions contained in the said Lease and in particular the Landlord has alleged that the Tenant has failed to deliver up the said premise in a proper state of repair and claims damages for the breach of the said covenant and recite any other disputes which have arisen.

(4) The parties hereto have agreed to refer the said disputes and differences to arbitration

       6 PARTNERSHIP AGREEMENT

All disputes and questions whatsoever which shall either during the partnership or afterwards arise between the partners or between one of them and the personal representatives of the other or between their respective Personal representatives touching these presents or the interpretation of this deed or the construction of the application thereof or any clause or thing herein contained or any account valuation or division of assets. debts or liabilities to be made hereunder or as to any aet, deed or commission of either partner or as to any act which ought to be done by the partners in dispute or as to any other matter in any way relating to the partnership business or the attain and transactions thereof or the rights, duties or liabilities of either partner under these presents shall be referred to two Arbitrators one to be appointed by each party to the difference in accordance with the subject to the provisions of the Indian Arbitration Act, or any statutory modification thereof for the time being in force.....

7 Arbitration clause between the Union of India and a contractor in a fabrication contract (Reliance Water Supply Service of India (P) Ltd. v the Union of India & Ors. AIR 1971 SC 2083).

“Arbitration- All disputes, between the parties to the contract (other than those for which the decision of the C.W.E or any other person is by the Contract expressed to be final and conclusive) shall alter written notice by either party to the contract to the other of them be referred to the sole arbitration of an engineer officer to be appointed by the authority mentioned in the tender documents.”

8 Notice to the arbitrator of an application for leave to amend pleading or statement of claim

To

MN, Arbitrator

Dear Sir,

Re: Arbitration between AB and CD

The claimant desires to amend the statement of claim dated the ………. (By substituting for the words) “By a contract in writing the words “By a contract made partly”).

 

The respondents have declined to consent to this amendment, We therefore request an appointment for making the necessary application.

Copy to                                                         Your faithfully,

…………….                                                   For the Claimant

 

Respondent