AWARD BY AN ARBITRAL TRIBUNAL

AWARD BY AN ARBITRAL TRIBUNAL

                THIS  IS THE  AWARD by  the undersigned, made the ………..day of ………

                WHEREAS by  an agreement  under the deed, dated………..and made between (contractor) of the one part and…………….(owner of the  property)of the other part (being an agreement by the said contractor) to construct certain works upon the  land of the said  (owner) in accordance with sanctioned plans and specifications contained  therein it was agreed between the parties  that if any dispute should arise in future between the parties thereto relating to or  touching the said agreement or the interpretation thereof  or in relation  to the rights, duties  or liabilities of either party thereunder the same should be referred  to two arbitrators and  their umpire in accordance with the provisions of Arbitration & Conciliation Act, 1996.

                AND WHEREAS disputes having arisen between  the aforesaid  parties relating to the said agreement the said (contractor) by writing dated……….nominated and appointed Shri…………(one arbitrator)…………of etc, and the said (owner) by writing dated……………..nominated and appointed Shri………..(other arbitrator)…….of etc, to act as arbitrators and settle  the said  matters in dispute between the parties.

                AND WHEREAS the said arbitrators respectively accepted the said appointments and took upon themselves  to discharge the burden of the  said  reference and before  starting the proceeding for the consideration of the  disputed matter referred to them  by writing  under their  hands dated……….appointed  me  the said Presiding Arbitrator in the said  arbitration.

AND WHEREAS the said arbitrators duly  extended the time for making the award  until the ………..day of………….

                AND WHEREAS the said  arbitrators  were unable to agree amongst themselves unanimously upon  an award and under such  circumstances  gave me notice in writing dated………….and thereupon the disputes stood referred to me.

                NOW BE IT KNOW that, I, said Presiding Arbitrator, make my award on the following matter:

1.                   I find that the completion of the work although was delayed for……..months beyond the agreed date on which it ought to have been completed but I find that such delay was caused partly by exceptionally bad weather and partly by lack of workmen caused  by labour strikes and also their having taken  up construction works under the Government and I find and award that the said (contractor) is not liable for any damage on that account.

2.                   I find that a part of the work executed by the said(contractor) was found to be  defective in the following respects…………..(defects set out) and I award that the said (owner) is entitled to Rs………….as damages on that account.

3.                   I find and award that after deducting   the said sum of Rs……on account of  the damages there is still due and owing to the said (contractor) in respect of the matters in dispute between the said parties to reference the sum of…………..

4.                   I direct the said (owner) shall pay the said sum of Rs………..to the said (contractor) on or before the ………..day of……..

5.                   I award and direct that the cost of the said (contractor) relating to and incidental to this arbitration reference  including the costs of the arbitrators and of this award which is Rs………..shall be  borne and paid by the said (owner) or whatever may be the award as to costs.

…(Sd.)