Agreement of
Reference To A Common Arbitrator
THIS AGREEMENT is made at ... this ... day of . between Mr. A of .. residing at .... hereinafter referred to as the Party of the First Part and Mr. B of ... residing at . hereinafter referred to as the Party of the Second Part.
WHEREAS
by an Agreement (Building contract) dated the ... day of ... entered into
between the parties hereto the Party of the First Part entrusted the work of
constructing a building on his plot of land situated at... to the Party of the
Second Part on the terms and conditions therein mentioned.
AND
WHEREAS the Party of the Second Part has commenced the construction of the
building according to the plans sanctioned by the... Municipal Corporation and
has completed the construction to the extent of the 1st floor level.
AND
WHEREAS the Party of First Part has made certain payments to the Party of the
Second Part on account but the Party of the Second Part is pressing for more
payments which according to the Party of the First Part he As not bound to pay
and, therefore. the work has come to a standstill.
AND
WHEREAS disputes have therefore arisen between the parties hereto regarding the
interpretation of certain provisions of the said agreement and also regarding
the quality of construction and delay in the work.
AND
WHEREAS the said agreement provides that in the event of any dispute or
difference arising between the parties the same shall be referred to
arbitration of a common arbitrator if agreed upon or otherwise to two
Arbitrators and the Arbitration shall be governed by the provisions of the
Arbitration & Conciliation Act, 1996.
AND
WHEREAS the parties have agreed to refer all the disputes regarding to the said
contract to Mr... Architect, as common Arbitrator and have proposed to enter
into this Agreement for reference of the disputes to the sole arbitration of
the said Mr..
NOW
IT IS AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS:-
1. That the following points of
dispute arising out of the said agreement dated... are hereby referred to the
sole arbitration of the said Mr... for his decision and award.
2. The points of dispute are:-
a) Whether the Party of the
Second Part has carried out the work according to the sanctioned plans and
specifications.
b) Whether the Party of the
Second Part has delayed the construction.
c) Whether the Party of the
Second Part is overpaid for the work done upto now.
d) Whether Party of the First
Part is bound to make any further payment over and above the payments made upto
now for the work actually done.
e) All other claims of one party
against the other party arising out of the said contract upto now.
3. The said Arbitrator shall
allow the parties to file their respective claims and contentions and to file
documents relied upon by them within such reasonable time as the Arbitrator may
direct.
4. The said Arbitrator shall
give hearing to the parties either personally or through their respective Advocates
but the Arbitrator will not be bound to take any oral evidence including cross
examination of any party or person.
5. The said Arbitrator shall
make his Award within a period of four months from the date of service of a
copy of this agreement on him by any of the parties hereto provided that, the
Arbitrator will have power to extend the said period from time to time with the
consent of both the parties.
6. The Arbitrator will not make
any interim award.
7. The Arbitrator will have full power to
award or not to award payment of such costs of and incidental to this
arbitration by one party to the other as he may think fit.
8. Subject to the provisions of
the Arbitration & Conciliation Act 1996 the award will he binding on the
parties hereto.
9. The Arbitration shall subject
to what is herein provided be governed by the provisions of the Arbitration
Act.
IN
WITNESS WHEREOF the parties have put their respective hands the day and year
first hereinabove written.
SIGNED
by the withinnamed
Mr.
A ... in the presence of
Signed
by the withinnamed
Mr.
B... in the presence of
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