CHANAKYA NATIONAL LAW UNIVERSITY

A rough draft on the project of Drafting, Pleadings and Conveyancing.

On
“Drafting of Arbitration Agreement”

Submitted to: - Dr. B.R.N. Sharma

Faculty of Drafting, Pleadings and Conveyancing

By: Sandeep Singh Bhandari

Roll No:1968

4th Year, B.A., LL.B. (Hons.)

 INTRODUCTION

An arbitration agreement is an agreement to submit present or future disputes (whether they are
contractual or not). An arbitration agreement is therefore a contractual undertaking by two or more
parties to resolve disputes by the process of arbitration even if the disputes themselves are not
based on contractual obligations.

In K.K Modi Vs K.N. Modi the court discussed the attributes which are necessary for considering
an agreement as an arbitration agreement. It was held that among the attributes which must be
present are:

1) The arbitration agreement must contemplate that the decision of the tribunal will be binding on
the parties to the agreement.

2.) The jurisdiction of the tribunal to decide the rights of the parties must derive from their consent,
or from an order of the Court or from a statute, the terms of which make it clear that the process is
to be arbitration. 3.) The agreement must contemplate those substantive rights of the parties will
be determined by the agreed tribunal.

4.) The tribunal will determine the rights of the parties in an impartial and judicial manner with
the tribunal being fair and equal to both sides.

5.) The agreement of the parties to refer their disputes to the decision of the tribunal must be
intended to be enforceable in law

6.) The agreement must contemplate that the tribunal will make a decision upon a dispute which
is already formulated at the time when a reference is made to the tribunal. The parties concerned
and their legal advisers should concentrate and focus their attention on the essential feature of
cases so as to facilitate speedy and consequently, cheap administration of justice. (Kapil Deo
Shukla vs. State of Uttar Pradesh, 1958 SC R 640).

RESEARCH METHODOLOGY:

The methodology used in the project report is the doctrinal method of research.
AIMS AND OBJECTIVES:

The researcher aims to study about the Arbitration Agreement, which is a contractual undertaking
by two or more parties to resolve disputes by the process of arbitration even if the disputes
themselves are not based on contractual obligations.

LIMITATION OF STUDY:

The researcher had undergone time and monetary limitation.

TENTATIVE CHAPTERIZATION:

1. Introduction
2. Pre-Requisites of Arbitration
3. Principles Governing Arbitration Agreement- Relevant Provision
4. Model Format
5. Conclusion

BIBLIOGRAHY:

• www.washingtonpost.com
• www.wipo.int
• www.arbfile.in