AGREEMENT
FOR CONCILIATION OF DISPUTES
This Agreement made at........... on
this .......... day of .......... 20...... between X
s/o............................. r/o........................................
(hereinafter referred to as "the party of the FIRST PART") (which
expression shall unless it be repugnant to the context or meaning thereof,
include his heirs, executors, administrators, legal representatives and
assigns) and Y s/o................................. r/o....................................
(hereinafter referred to as "the party of the Second Part") (which
expression shall unless it be repugnant to the context or meaning thereof,
include his heirs, executors, administrators, legal representatives and assigns).
WHEREAS the party of First Part has entered
into a contract to supply ................. to the party of the Second Part.
AND WHEREAS the differences and disputes have
arisen between the said parties above mentioned relating to quality of goods
supplied by the party of the First Part.
AND WHEREAS the party of the Second Part has
not made full payment to the party of the First Part and the parties hereto
could not settle the disputes mutually.
AND WHEREAS the parties have agreed to refer
their disputes to the conciliation of one conciliator Shri.....................
NOW THIS AGREEMENT WITNESSETH AS
FOLLOWS:
All the disputes between the parties
relating to the supply of ............. shall be referred to conciliation of
sole conciliator Shri.............. for his final determination.
Each party shall submit to
conciliator a brief written statement describing the general nature of the
dispute and points at issue. Each party shall send a copy of such statement to
the other party. If the conciliator requests for submission of a further
written statement of his position and the facts and grounds in support thereof,
supplemented by any documents and other evidence that such party deems
appropriate, he shall submit the said written statement, etc. The party submitting
such written statement, shall send a copy of such statement, documents and
other evidence to the other party.
The conciliator shall assist the
parties in an independent and impartial manner in their attempt to reach an
amicable settlement of their dispute.
The conciliation proceedings shall
be held at such place as determined by the conciliator, after consultation with
the parties, having regard to the circumstances of the conciliation
proceedings.
The parties shall cooperate with the
conciliator. Each party shall endeavour to comply with requests by the
conciliator to submit written materials, provide evidence and attend meetings.
Both the parties may arrange for
administrative assistance during the conciliation proceedings as required by
the conciliator.
If during the conciliation
proceedings, it appears to the conciliator that there exist elements of a
settlement which may be acceptable to the parties, he shall formulate the terms
of a possible settlement and submit them to the parties, for their observations.
After receiving the observation of the parties the conciliator may reformulate
the terms of a possible settlement in the light of such observations. If the
parties reach agreement on a settlement of the dispute, they may draw up and
sign a written agreement. On the parties signing the settlement agreement, it
shall be final and binding on the parties and persons claiming under them
respectively.
On execution of settlement or
agreements, the conciliator shall authenticate the said agreement and furnish a
copy thereof to each of the parties.
The cost of conciliation shall be
fixed by the conciliator and give written notice thereof to the parties. The
costs of conciliation shall be borne by the parties in equal shares.
In witness whereof the parties have
signed these presents hereof, the day, month and year first hereinabove
written.
Witnesses :
|
1. |
Signed and delivered by (First Party) |
|
2. |
Signed and delivered by (Second Party) |
NOTICE BY
THE PARTIES TO ARBITRATOR
To,
Shri
................................
Dear Sir,
WHEREAS by an agreement dated the
.................... day of .................. 20.... entered into by and
between ............................ s/o.................................
r/o............................... and ............................
s/o............................... r/o.............................copy whereof
is hereto annexed, it was agreed that the matters in difference between the
parties should be referred to you for arbitration.
AND WHEREAS differences have arisen between the
parties to which the said agreement apply.
Therefore
we the aforesaid parties request you to act as sole arbitrator to determine the
differences arising between us, in accordance with the aforesaid agreement.
Yours faithfully,
...................... A
...................... B
Date .........................
NOTICE FOR GIVING CONSENT FOR THE APPOINTMENT OF AN ARBITRATOR
To,
Shri...................
Dear Sir,
Sub: Arbitration agreement dated
..............................
WHEREAS under an agreement dated
....................... entered into between A and B, the undersigned agreed to
construct building for B and under clause .................. of the said agreement,
in case any dispute or difference arises between the parties out of or in
connection with the agreement or the carrying out of the works, the same shall
be referred to the arbitration of a sole arbitrator.
AND WHEREAS disputes have arisen between the parties
to the said agreement.
Therefore
I, hereby propose that Shri ................ be nominated as sole arbitrator
under the said clause. You are requested to give your consent for the
appointment of Shri......................... as sole arbitrator to determine
the disputes arisen between the parties to the agreement dated
............................ within ........................... days from
receipt of this letter.
In case you do not agree to the
aforementioned name, I append hereinbelow names of two gentlemen, any of whom
may be appointed as sole arbitrator as aforementioned.
1.
2.
However, if you do not give your
consent to the appointment of anyone of the above mentioned gentlemen as the
sole arbitrator, you are requested to suggest the names of three gentlemen,
whose names you propose for appointment as a sole arbitrator, within
..................... days from the receipt of this letter.
Please note that if you fail to give
your consent for any of the names for the appointment of sole arbitrator or if
you do not suggest the names, to whom you propose for appointment within one
week from the receipt of this letter, I shall make an application to the court
for the appointment of the sole arbitrator in accordance with the provisions of
Arbitration and Conciliation Act, 1956.
Yours faithfully,
.................................
Place: ........................
Date : ........................
NOTICE TO
AN ARBITRATOR TO ACT AS SOLE-ARBITRATOR
From:
Sri........................s/o.......................
r/o.......................
Subject : Notice to the appointed
arbitrator to act as sole-arbitrator.
Sir,
The other party to the dispute
(referred to you) Sri.................. s/o.......................
r/o.............................. has failed to appoint/reappoint an arbitrator
despite service of a notice to appoint arbitrator upon him and inspite of lapse
of...... days time given by the said notice for the appointment of an
arbitrator by him.
As such I do hereby request you to
act and perform as the sole arbitrator with regard to the dispute/disputes
referred to you.
Yours faithfully
........................
sd/-
Copy to :-
Sri. ...........................s/o.
................. .r/o ..............................
(The other party to the dispute)
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