Agreement
For Reference To Arbitration Between Partners
AN
AGREEMENT made the day.ofBETWEEN A of..(partner No.1) AND B of..(partner No.2)
AND C of.(partner No.3)
WHEREAS
disputes have arisen between the aforesaid partners in connection with the
affairs of the partnership which the said partners have not been able to adjust
mutually, and
WHEARAS
the partners have agreed to refer the said disputes to the arbitration of one
sole arbitration (or three arbitrators one to be appointed by each partners)
whose award shall be final and binding on the said partners, and
WHEARAS
the partners have agreed that accounts of the partnership shall be properly
scrutinized, rendered and settled between the said partners and the partnership
to be dissolved from such date as he arbitrator (or arbitrators) shall deem
fit.
NOW
IT IS HEREBY AGREED between the abovementioned partners as follows:
1. That Shri.shall be the sole
arbitrator.
OR
That
Shri..has been appointed as an arbitrator on his behalf by partner No.1 and
Shrihas been appointed as an arbitrator by partner No.2 and partner No.3 has
appointed Shri..as an arbitrator on his behalf.
2. That the arbitrator (or arbitrators) shall
take into their possession the books and documents of the partnership and shall
be responsible for the safe custody thereof.
3. That the arbitrator (or
arbitrators) shall record and keep the minutes of the proceedings of
arbitration and take notes of evidence of such witnesses as may be produced by
any of the parties to this agreement or which the arbitrator or arbitrators
shall deem fit to examine and such evidence shall taken on oath.
4. The arbitrator (or arbitrators)
shall be entitled to appoint or obtain the services of an accountant or munim
or such other persons as may be well-versed in examining accounts of the
partnership and shall also be entitled to take opinion of counsel on any matter
arising in the course of proceedings.
5. The cost of the partners
and their witnesses attending the arbitration proceedings and award shall be
paid out of the partnership assets unless the arbitrator (or arbitrators) shall
be of the opinion that costs have been wantonly and unnecessarily incurred by
or on behalf of a partner wishing to delay proceedings or causing loss to the
partnership.
IN
WITNESS WHEREOF the partners aforesaid have signed this agreement of reference
is token of acceptance thereof.
Witness
Partner No.1..
Witness
Partner No.2
Witness
Partner No. 3.
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