Legal Format & Draft
Arbitral Award by Two Arbitrators and Presiding
Reference draft used in Indian courts — replace the blanks with your own case details.
In the Matter of an Arbitration between ?THIS IS THE AWARD of us _____________________________ and made the _________ day of ________.
WHEREAS: By an agreement dated the _________ day of _______ and made between of the one part and __________________ of the other part after reciting that on the _________ day of __________ the said signed and gave to the said an instrument in writing guaranteeing and promising the said that the said would be responsible to the said for the due payment for any goods which he might after the date thereof sell and deliver on credit to one __________________ and reciting that the said alleged that he had afterwards sold and delivered on credit to the said goods in respect of which there was then due to the said a balance of Rs.________- and that differences had arisen between the parties thereto as to the liability of the said on the said guarantee the said disputing the value of the goods supplied to the said after the date of the guarantee and also alleging that he was discharged by reason of fraudulent concealment by the said before the guarantee was given and also by reason of time given to the said 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 and 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 and by writing under their hands dated the _______ day of ________ appointed the said 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 and hereby find and award as follows that is to say:
We find that there is due from the said a balance of Rs. _______ in respect of goods supplied to him on credit by the said 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 before the same was given by the said but we are unable to agree whether the said was released and discharged by the said giving time to the said in pursuance of a binding agreement and consequently we are unable to agree as to whether any sum is payable by the said to the said or as to how the cost should be borne and paid.
AND I the said hereby find and award as follows that is to say:
I find that the said has not been discharged by the said giving time to the said .
I award that there is now due from the said to the said the said sum of Rs._________ and I direct the said to pay the said sum of Rs._________ to the said on the _______ day of_______ ] at the office of ... the solicitors of the said .
I direct the said to pay to the said 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 :
WHEREAS: By an agreement dated the _________ day of _______ and made between of the one part and __________________ of the other part after reciting that on the _________ day of __________ the said signed and gave to the said an instrument in writing guaranteeing and promising the said that the said would be responsible to the said for the due payment for any goods which he might after the date thereof sell and deliver on credit to one __________________ and reciting that the said alleged that he had afterwards sold and delivered on credit to the said goods in respect of which there was then due to the said a balance of Rs.________- and that differences had arisen between the parties thereto as to the liability of the said on the said guarantee the said disputing the value of the goods supplied to the said after the date of the guarantee and also alleging that he was discharged by reason of fraudulent concealment by the said before the guarantee was given and also by reason of time given to the said 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 and 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 and by writing under their hands dated the _______ day of ________ appointed the said 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 and hereby find and award as follows that is to say:
We find that there is due from the said a balance of Rs. _______ in respect of goods supplied to him on credit by the said 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 before the same was given by the said but we are unable to agree whether the said was released and discharged by the said giving time to the said in pursuance of a binding agreement and consequently we are unable to agree as to whether any sum is payable by the said to the said or as to how the cost should be borne and paid.
AND I the said hereby find and award as follows that is to say:
I find that the said has not been discharged by the said giving time to the said .
I award that there is now due from the said to the said the said sum of Rs._________ and I direct the said to pay the said sum of Rs._________ to the said on the _______ day of_______ ] at the office of ... the solicitors of the said .
I direct the said to pay to the said 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 :
Using this format
This is a reference draft reproduced for study and adaptation. Court rules, court fees and the correct forum vary with the facts and the value of the claim, so have the document checked and filed by an advocate. A defective application can be returned or dismissed even when the case itself is good.
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