Precedent No.

6
REFERENCE TO TWO ARBITRATORS AND AN UMPIRE

(Kindly refer to section 10 and 11 of Arbitration and Conciliation Act, 1996)

This agreement made the............................... day of........................20....... between (A) of
the first part, (B) of the second part;
Whereas by an agreement dated the……………day of............................20....... the said
A agreed to sell to the said B his house situated in New Delhi for a consideration of
Rs.........................., on terms and conditions more particularly contained in the said
agreement, one of such conditions being that the sale shall be completed on or before
the............................... day of........................20.......; And whereas the sale has not yet been
completed, though the date fixed for the completion thereof has expired, and a dispute has
arisen between the said A and the said B as to which of them has broken the contract for
sale and purchase of the house contained in the above recited agreement; And whereas
the parties have agreed to refer this dispute to arbitration;
Now this agreement witnesseth that in pursuance of the premises the said A and the
said B hereby agree to refer the dispute as to which of them has broken the contract for
sale and purchase as hereinbefore recited to the arbitration of D……………(nominated by
the said A), and E…………… (nominated by the said B), and in case of disagreement
between the said D and the said E to the arbitration of F …………… as an umpire; (or the
arbitration of an umpire who shall be nominated in writing by the said arbitrators before
entering upon the arbitration proceedings); and that the said arbitrators shall appoint the
date and time and place for holding the arbitration proceedings, and give notice in writing
thereof to the parties hereto; And that on the date and at the time and place so appointed
the parties appear before them with all the oral and documentary evidence on which they
rely in support of their respective cases; And that if either of the parties shall make default
in appearing before the arbitrators or shall fail to produce the evidence oral or
documentary, relied upon by him, then and in any such case the arbitrator shall be at
liberty to proceed against such defaulting party ex parte or to adjourn the arbitration
proceedings for such time and place as they shall think fit provided that no adjournment
shall be granted by the arbitrators beyond the............................... day of........................20.......
and that on such appointed day or on any subsequent day, not later, however, than the
aforesaid............................... day of........................20....... to which the proceedings may be
adjourned by the arbitrators, they shall hear the parties, or such of them as may be then
present, and such evidence, oral or documentary, as may be produced, and shall thereafter
make their award in writing, in any case on or before the day of............................20....... and
that the award so made shall include a finding as to the party in default and as to the
remedy or relief to which the party not in default is entitled and a decision as to the costs
of the arbitration;
That if the arbitrators shall not agree to an award, then each of them shall write his
separate award, and shall before the aforesaid............................... day of........................20.......
forward that same to the said umpire; and that if the arbitrators, or any of them shall fail or
refuse to make an award or shall refuse to attend the arbitration proceedings or shall
become incapable to attend the same for any reason whatsoever, then and in each of such
cases the umpire shall, suo moto or at the request of the arbitrators or of the said A and
the said B or of either of them, appoint a time and place for the arbitration proceedings
before him, and shall give notice in writing of the same to the arbitrators and to the said A
and the said B; and that the said A and the said B shall appear before the umpire at the
time and place so appointed by him together with all the evidence, oral or documentary,
relied upon by them respectively; and that if default be made by either the said A or the
said B in so appearing before the said umpire or in producing their evidence, then the
umpire shall be at liberty to proceed ex parte against the party in default unless he in his
discretion shall adjourn the proceedings to another date, provided that no adjournment
shall be granted by the umpire, to a date beyond …………….days after the reference to
him; and that the award of the umpire shall be made in writing on or before that day and
upon all the matters on which the arbitrators were competent to make an award hereunder;
Provided also that is shall not be obligatory for the umpire to hear the evidence of the
parties if he, in his absolute judgment, shall be of opinion that the separate awards, if any,
of the arbitrators or the record, if any, prepared by them, is sufficient to enable him to
make his award;
And finally that the award made hereunder by the arbitrators or by the umpire, as the
case may be, shall be binding on the said A and the said B, and on their respective heirs,
successors, legal representatives and assigns.
In witnesses whereof:—