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ARBITRATION AGREEMENT
BY AND BETWEEN
BALA ENGINEERING TECHNOLOGY (BET) (Company), with its registered office located at
Lal Bahadur Shastri Road, Kurla West, Mumbai, Maharashtra, 400070, IN (hereinafter referred
to as ("First Party") which expression shall unless repugnant to the meaning or context thereof
also mean its sister concerns, subsidiaries, its successors and permitted assigns)
AND
ORDEN PETROLEUM SUPPLIES (OPS) (Organisation), with its registered office located
at Khodiyar Colony, Jamnagar, Gujrat, 361005, IN (hereinafter referred to as ("Second Party")
which expression shall unless repugnant to the meaning or context thereof also mean its
sister concerns, subsidiaries, its successors and permitted assigns)
WHEREAS the Parties agree to resolve any disputes arising out of or about the aforementioned
Agreement will be resolved by referring such matter for arbitration.
NOW THEREOF the Parties by their execution of this Agreement accept the terms
and conditions of this Agreement
1. GENERAL TERMS
(a). The purpose and summary of the Original Agreement are as follows:
Under the Agreement, Bala Engineering Technology (First Party) undertook to provide
various engineering consultancy services following several pre-determined milestones, each
priced at a fixed sum, over two years for a total of Twenty Lac, in addition, OPS was to
pay BET a retainer fee of rupees 4,00,000 to each partner within two weeks of entering into the
Agreement.
(b). Any conflict, dispute, or controversy arising from or concerning the Original
Agreement, including but not limited to any dispute concerning the construction, validity,
interpretation, enforceability, or breach of the Original Agreement, shall be exclusively resolved
by binding arbitration conducted following this Agreement
(c). The terms of this Agreement serve as a bar to any suit, action, or proceeding instituted in any
other court concerning the disputes which require being referred to arbitration as per
this Agreement.
(d). Upon submission of the conflict, dispute, or controversy to arbitration, the submitting Party
shall notify the other Party within 30 (thirty) days by sending a notice to the address provided
under this Agreement.
2. PROCEDURES
i. The Party who raises the issue (Claimant) must usually state the facts supporting his/her claim,
the points at issue and the relief or remedy sought, and the Party on the opposite side
(Respondent) must state his/her defence in respect of these particulars. Any counterclaim or
set-off he/she seeks to claim while filing his/her statement of claim and defence, respectively.
ii. Parties can submit with their statements all documents they consider to be relevant or add a
reference to the documents or other evidence they will submit.
iii. Either Party can amend or supplement his/her claim or defence during arbitral proceedings unless
the arbitrator considers it inappropriate.
iv. The Arbitrator must as far as possible, hold oral hearings for the presentation of evidence or oral
argument on a day-to-day basis, not grant any adjournments unless sufficient cause is made out,
and can impose costs including exemplary costs on the Party seeking adjournment without any
sufficient cause.
v. The Parties must be given sufficient notice in advance of any hearing and any Arbitrator meeting
for the inspection of documents, goods, or other property.
(b) The Arbitrator will convince an initial conference to consider preliminary matters in
the dispute and give detailed instructions to the Parties of proceedings of arbitration
(c) Additional conferences may be convened by the Arbitrator, if necessary, by serving notice to
the Parties.
(d) Whenever possible the conference will be conducted through video conferencing
The Arbitrator may at his/her sole discretion require the Parties and/or their counsel to attend the
conference in person by serving a notice of reasonable period.
3. ARBITRATORS
(a) The committee of arbitrators shall consist of 5 (five) arbitrators appointed mutually by
the Parties. Each Party shall appoint a chairman. If the Arbitrators cannot agree on the
appointment of the Chairman, then the Chairman shall be appointed by the concerned authority
under the applicable law.
(b) The Arbitrator must have the following qualifications to be eligible for appointment as
an arbitrator
(d) The arbitrator shall issue a written arbitration decision revealing essential findings and
conclusions upon which the decision and/or award is based.
(e) Unless the Parties agree otherwise, a replacement arbitrator shall be appointed by the
concerned authority in case of the death or resignation of any arbitrator during proceedings.
4. AWARD
The Parties agree to abide by any award issued by the arbitrator and the judgement of any court
with jurisdiction may be entered on the award.
5. SANCTIONS
The Arbitrators involved in this agreement may impose any deemed necessary sanctions against
either party or the parties’ lawyers for failure to comply with all terms and conditions in this
arbitration agreement.
(a) The notice address of the First Party under this Agreement is as follows:
Address: Lal Bahadur Shastri Road, Kurla West, Mumbai, Maharashtra, 400070
Email: balaengineeringtechno564@gmail.com
(b) The notice address of the Second Party under this Agreement is as follows
Email: ordenpetroleum402@gmail.com
(c) Any communication with the Arbitrator shall be copied contemporaneously to the
other Party at the address for service nominated in this Agreement.
(d) Each Party to this Agreement shall notify others in writing of any changes in the address or
communication details under entering into this Agreement. If the Party fails to update
the changes in writing, any notices or correspondence to the address mentioned above will be
treated as valid and binding
(e) Email and documents in electronic form are preferred unless otherwise directed. 7.
CONFIDENTIALITY
(a) The Parties understand that during the course of any negotiations or discussions undertaken
before and/or in pursuance of this Agreement, during arbitration proceedings, and the
Original Agreement, either Party may become privy and to and/or come into possession of
information of proprietary nature (hereinafter referred to as "Receiving Party"), belonging to
other Party (hereinafter referred to as "Disclosing Party"). Such proprietary information is herein
referred to as "Confidential Information" and shall include information whether written, visual or
oral
in any other medium, including information, or data disclosed to the Receiving Party by the
Disclosing Party or by a third party on behalf of the Disclosing Party and shall (1) any
information having been disclosed before the date of this Agreement; (i) any information
relating to the Disclosing Party's business, procedures, products, training modules, processes,
plans, know-how, designs, trade secrets, market opportunities, computer programs; (ii) this
Agreement or any terms and conditions thereof
(b). Confidential Information shall not include any information that (i) is or becomes publicly
available without breach of the terms of this Agreement; (0) becomes lawfully available to
the Receiving Party from a third party free from any confidentiality restriction, or (ii) was
previously in the possession of the Receiving Party and which was not acquired directly or
indirectly from the Disclosing Party, as evidenced by written records.
8. MODIFICATION OF AGREEMENT
In the event any provision of this Agreement is determined to be invalid by any court or other
entity of competent jurisdiction, the provision of this Agreement shall be deemed to have been
amended and the Parties hereto agree to execute all documents necessary to evidence such
amendment to eliminate or modify any such invalid provision to carry out the intent of this
Agreement as far as possible and to render this Agreement enforceable in all respects as so
modified.
9. NO WAIVER
The failure of any Party hereto to enforce any provision of this Agreement shall in no way be
construed to be a waiver of such provisions or to affect the validity of this Agreement or any part
thereof or the right of either Party to enforce every provision by its terms.
10. HEADINGS
The headings in this Agreement are included for the convenience of reference only and in no
way define or delimit any of the provisions hereof or otherwise affect their construction or
effect.
11. INTERPRETATION
The Parties acknowledge and agree that each Party has reviewed and negotiated the terms and
provisions of this Agreement and has had the opportunity to contribute to its revision.
Accordingly, the rule of construction to the effect that ambiguities are resolved against the
drafting Party shall not be employed in the interpretation of this Agreement. Rather, the terms of
this Agreement shall be construed fairly as to both Parties and not in favour or against
either Party.
12. COUNTERPARTS
This Agreement may be executed in two or more counterparts, each of which shall be deemed an
original, but all of which together constitute the same instrument.
IN WITNESS WHEREOF, the Parties hereto have executed this agreement on September 15,
2022.
SIGNED ON BEHALF OF THE FIRST PARTY:
______________________
Signature
_______________________
Signature
The undersigned, being a duly appointed Notary Public, located at Mumbai on this date,
the above-named, appeared before me and properly identified to me and did sign the forgoing
IN TESTIMONY WHEREOF I subscribe my name and affix my seal notarial on this ____ day
of ________ 20__
Signature
Notary Public
Address: