ARBITRATION AGREEMENT with Appellate Provision

This agreement is prepared as an agreement by taking possible circumstances into

considerations and the parties may form their arbitration agreement pursuant to the act

1. PARTIES - This arbitration agreement is made between SINGH MOTORWORKS

residing at the address of SHOP NO. 09 DUGRI MARKET, DUGRI, LUDHIANA,
PUNJAB and SINGH MANUFACTURERS, residing at the address of FACTORY
NO. 13, AMRITSAR INDUSTRIAL AREA, AMRITSAR, PUNJAB and parties shall be
referred to as THE PARTIES AND PARTY 1&2 respectively.
2. SUBECT MATTER - The parties have agreed on the settlement of any dispute arising
out of or in connection with the “SUPPLY OF AUTOMOBILE SPARE PART”
dated OCTOBER 1, 2022 subjected Agreement by arbitration through “Swiss
Arbitration Association” (ASA)” in accordance with the “Swiss Private
International Law Act” of Switzerland. The parties, by reading the Rules, shall
declare that they have accepted to comply with its terms, obligations and
consequences beforehand.
3. SEAT OF ARBITRATION - The parties have decided to have the arbitration
conducted at ESWATINI, SWITZERLAND.
4. APPLICABLE LAW - The parties have agreed on SWITZERLAND LAW as the
applicable law to this arbitration.
5. RULES OF PROCEDURE – The Parties shall follow THE LOCAL
SWITZERLAND LAWS for the purpose of determining any other procedure which
is has not been explicitly already been elaborated. In case of presence of no such
provision in Agreement and in the local laws then the party shall follow the
PROCEDURE HENCE SET BY THE ARBITRATOR.
6. ARBITRATION FEE AND EXPENSES - The parties undertake that each shall
“PAY HALF” of the arbitration expenses that shall be notified subsequent to filing
the suit before the “ASA” as an advance payment. Each party also undertakes to
“PAY THEIR SHARE OF TOTAL EXPENSES” determined within the Arbitral
Award approved by the AIAC. In the case where the defendant does not pay half of
the advance payment, then the claimant shall be obliged to pay the total advance
payment amount.
7. NUMBER OF ARBITRATORS - It is determined by the parties that disputes shall be
settled by ONE ARBITRATOR.

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8. METHOD OF APPOINTMENT - The parties have agreed on the appointment of a
sole arbitrator by the “ASA”.
9. PROCEDURE FOR CHALLENGE OF ARBITRATOR - Any party who intends to
CHALLENGE AN ARBITRATOR SHALL, DO THE SAME WITHIN SEVEN
WORKING DAYS. These seven days shall be calculated either after becoming
aware of setup of tribunal or after becoming aware of any circumstances which can
cause reasonable doubt w.r.t impartiality of the Arbitrator. The concerned party shall
send written statement of the reasons for the challenge to the arbitral tribunal.
10. LANGUAGE – The language used in all the Documents and proceedings therein has
to be ENGLISH.
11. STATEMENTS OF CLAIM AND DEFENCE – Both the parties should all the
relevant documents w.r.t the dispute within 15 WORKING DAYS FROM
INITIATION OF SUCH PROCEEDINGS. The claimant shall state the facts, the
points at issue and the relief sought, and the respondent shall state his defence in
respect of these particulars.
12. HEARINGS – There shall be ORAL HEARINGS FOR THE PRESENTATION
OF EVIDENCE or for oral argument. In MAXIMUM ONLY 2
ADJOURNMENTS be allowed to each party each of which shall not be more than
7days each.
13. NOMINEE ARBITRATOR - The parties have nominated, as the SOLE
ARBITRATOR, AMARJOT SINGH residing at GOLDEN TEMPLE,
AMRITSAR, PUNJAB. However, in the case where the sole arbitrator is not
approved by the AIAC, then the parties accept that the arbitrator shall be appointed by
the Council.
14. DURATION FOR NOMINATION - The parties accept TO NOMINATE THE
SOLE ARBITRATOR BY THEMSELVES WITHIN 30 DAYS from the date of
notice of the arbitration to the defendant.
15. CONSENSUS NOT REACHED - If the parties cannot agree on the nomination of
the sole arbitrator or where the nomination of the sole arbitrator by the parties is not
approved by the ASA, the parties accept to have One, nominated by the claimant,
second by the defendant and the Third Arbitrator is to be selected by these two
within 30 days.

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16. ULTIMATE RESORT - AIAC shall appoint the Arbitrator, if the claimant or the
defendant fail to nominate; The appointment of the Third arbitrator by the Council,
when the parties’ arbitrators do not nominate the third arbitrator within 30 days.
17. FAST TRACK PROCEEDINGS – If the PARTIES BOTH ARE IN CONSENSUS
AND THE ARBITRATOR is of the opinion that the matter is such that it can be
resolved by using fast-track proceedings.
18. FAILURE OR IMPOSSIBILITY TO ACT – Parties agree that, If an Arbitrator
becomes de jure or de facto unable to perform his functions or for other reasons fails
to act without undue delay or withdraws from his office or the parties agree to the
terminate him then he shall be the ONE TO APPOINT THE NEW ARBITRATOR
before leaving on same terms and conditions.
19. AWARD - The parties agree to ABIDE BY ANY AWARD given by the arbitrator,
and such award shall be final and binding on the parties, and the judgment of any
court with jurisdiction for enforcement and recognition may be entered on the award.
20. CONTENTS OF AWARD – The Parties agree that NO REASON BE STATED
FOR BASIS OF SUCH ARBITRAL AWARD.
21. INTERPRETATION OF AWARD – Parties agree that any party to dispute, with
prior notice to the other party, may request the arbitral tribunal to give an
INTERPRETATION OF PART OF THE AWARD.
22. ADDITIONAL AWARD – Each party with notice to the other party, may request,
WITHIN SEVEN DAYS from the receipt of the arbitral award, the arbitral tribunal
to MAKE AN ADDITIONAL ARBITRAL AWARD.
23. ARBITRATION APPEAL – Both the parties shall have 30 DAYS AFTER THE
ARBITRATION AWARD, to notify the other party in writing, that the Appellant
elects to appeal the Arbitration Award. The appeal of such order shall be listened to
by the panel of 3 New Arbitrators. Appeal notice shall be similar to Arbitration
Notice w.r.t. the date of initiation of such proceedings. The Appellant must also pay
for a bond in the amount of 125% of the sum the Appellant owes to the Appellee as a
result of the Arbitration Award the Appellant is appealing.
24. LOSING OF RIGHT OF APPEAL - In the event a party does not deliver an
Appeal Notice to the other party within the 30 DAYS, such party shall lose its
right to appeal the Arbitration Award. If no Appeal is preferred, then Arbitration
Award shall be final. The parties acknowledge and agree that any Appeal shall be

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 deemed part of the parties’ agreement to arbitrate for purposes of these Arbitration
Provisions and the Arbitration Act.
25. SELECTION AND PAYMENT OF APPEAL PANEL - In the case where an
appeal is preferred, the Appeal will be heard by a Three-Person Arbitration Panel.
The Appellee shall submit to the Appellant the names of five Arbitrators that are
Neutral and are qualified arbitrators by Swiss Arbitration Association (ASA).
Within five calendar days after the Appellee has submitted to the Appellant the names
of the Proposed Appeal Arbitrators, the Appellant must select, by written notice to the
Appellee, three of the Proposed Appeal Arbitrators to act as the members of the
Appeal Panel. If the Appellant fails to select Three Arbitrator, then the Appellee may
select such Three Arbitrators from the Proposed Appeal Arbitrators by providing
written notice of such selection to the Appellant. Entire Cost for such Appeal shall be
borne by the Appellant.
26. PROCEUDRE/SUBJECT MATTER FOR APPEAL PANEL - Appeal Panel shall
not conduct a de novo review of all Claims which were in preliminary Award. The
Pamel shall only deal with issues set forth in the Appeal Notice. Subject to the extent
of facts where the parties agree, the panel need not do another fact finding. Appeal
shall be conducted in fair manner and the panel shall ensure expeditious disposition of
the Appeal. The Appeal Panel shall not permit the parties to conduct any additional
discovery or raise any new Claims to be arbitrated, shall not permit new witnesses or
affidavits, and shall not base any of its findings or determinations on the Original
Arbitrator’s findings or the Arbitration Award.
27. APPEAL PANEL AWARD - The lead Arbitrator shall announce the decision of the
Panel. Such Decision shall be final and binding upon the parties, with no further
rights of appeal. The Award shall include Payment of Dues with the Interest amount
of 12% p.a. Award of the Panel shall be enforceable by any and every court.
28. RELIEF - The Appeal Panel shall have the right to award or include in the Appeal
Panel Award any relief which the Appeal Panel deems proper under the
circumstances, including, without limitation, specific performance and injunctive
relief, provided that the Appeal Panel may not award exemplary or punitive damages.
29. FEES AND COSTS – Both the parties decide that the LOSING PARTY SHALL
PAY THE FULL AMOUNT of any unpaid costs and fees of the Arbitration.
30. TERMS OF REFERENCE - The parties accept to sign the Terms of Reference to be
drawn up in the presence of the arbitrator(s) upon the invitation of the arbitrator,
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 that the arbitration procedures shall still continue without interruption and be
effectual even if they abstain from signing it, and the abstention of either one or both
parties from signing the Terms of Reference shall not affect the validity of the
Arbitral Award.
31. WITHDRAWAL FROM PROCEEDINGS - The parties undertake to pay the
Arbitration Expenses in accordance with the Arbitration Act 2015 in the case of the
reconciliation of the parties or the claimant waiving his claim after the dispute is
submitted to the AIAC.
32. UNDERTAKING - We hereby undertake TO ACCEPT AND TO COMPLY with
the provisions of this arbitration agreement comprising 24 articles as above.

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SINGH MOTORWORKS SINGH MANUFACTURERS

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