25 April 2011

FORM OF ARBITRATION CLAUSE IN AN AGREEMENT

FORM OF ARBITRATION CLAUSE IN AN AGREEMENT

(i)                   Every dispute, difference, or question which may at any time arise  between the parties  hereto or any person  claiming under them, touching or arising out of or in respect of this agreement (deed) or the subject matter thereof shall be referred to the arbitration  of XY, etc. or if he shall be  unable or unwilling to act, to another arbitrator to be agreed upon between the parties or failing  agreement to be nominated by…………or, failing agreement to two  arbitrators  one to be appointed by each party to the  difference (whether consisting of one or more than one person) and in case of difference of opinion between them  to an umpire appointed by the said two arbitrators before entering on the reference  and the decision  of the arbitrator ( or such arbitrators, or umpire as the case may be) shall be final  and binding on the parties.

OR

(ii)                 In the event of any dispute, difference or question arising out of or in respect of this agreement or the commission of any breach of any terms thereof or of compensation  payable thereof or in any manner whatsoever in connection with it, the same shall be referred  to the Chamber of  Commerce……….(or the Association of………..) for arbitration  as provided in Rules framed by the said Chamber (or Association) for the purpose. The decision or award so given shall be binding on the parties hereto.

OR
(iii)                All disputes arising  between the partners as to the interpretation, operation, or effect of any clause in this deed or any other difference arising between the partners, which cannot be mutually resolved, shall  be referred to the arbitration of…………failing him to any other arbitrator chosen by the partners in writing. The decision of such an arbitrator shall be binding on the partners.

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