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8. METHOD OF APPOINTMENT - The parties have agreed on the appointment of a
sole arbitrator by the “AIAC”.
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 AIAC, 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. 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,
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.
24. 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.
25. 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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