KES’ Shri Jayantilal H.

Patel Law College

Name - Milind Suresh Mane

Topic – Arbitration Agreement

Subject – Alternate Dispute Resolution

Roll No: 27

TY LLB
Semester: VI

(Academic Year 2021-2022)

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Arbitration Agreement

This Arbitration Agreement is made and entered into

BETWEEN

M/s. SAI SIDDHANT DEVELOPERS, A partnership firm duly registered under the

provisions of Indian Partnership Act, 1934, having its office at 1, Ramkrupa Building,

Devji Bhimji Lane, Mathuradas Road, Kandivali (West), Mumbai – 400 067, hereinafter

referred to as “THE SAID SAI” (which expression shall unless it be repugnant to the

contextor meaning hereof include the partners or partner for the time being of the said

firm, survivors or survivor of them, the heirs, executors, administrators of the last

surviving partner) OF THE ONE PART

AND

M/S. WESTIN BUILDERS AND DEVELOPERS, a company registered under the

Indian Companies Act, 1956, having its office at

_________________________________, hereinafter referred to as “THE SAID

WESTIN, (which expression shall unless it be repugnant to the contextor meaning

thereof include their Directors and assigns)OF THE OTHER PART;

AND

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 D. N. NAGAR SHIVNERI CO-OPERATIVEHOUSING SOCIETY LIMITED, A Society,

registered under the provision ofMaharashtra Co-operative Society’s Act, 1960,

having its registered office at Building No. 5, D. N. Nagar,Andheri (West), Mumbai – 400

053hereinafter referred to as “THE SAID SOCIETY, (which expression shall unless it be

repugnant to the contextor meaning thereof include their Directors and assigns)OF THE

THIRD PART;

WHEREAS:

(a) By and under registered Development Agreement dated 8 th December 2010

entered between D. N. Nagar Niwara Co-operative Housing Society Limited and

the said Sai. The said Sai was appointed Developer in respect of the property viz.

Building No.10, situate at Survey No.106-A (P) at D. N. Nagar, Andheri (West),

Bombay 400 053, hereinafter referred to as "the said property", upon the terms

and conditions contained in the said Development Agreement;

(b) By and under letter dated 6th January 2018, the said society terminated the said

Development Agreement dated 8th December 2010;

(c) The said Sai has disputed termination and the matter is referred to the sole

arbitrator Mr.Shyam Kapadia for his decision.

(d) By and under Order dated 21 st July 2020, the said Arbitrator has directed the said

Sai to hand over possession of the said property to the said D. N. Nagar Niwara

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 Co-op. Housing society, to enable the said society to complete the balance

construction work;

(e) The said Sai has disputed the rights of the New Developer and therefore, there is

a dispute between the parties hereto with regard to respective rights of the

parties.

(f) The said Westin has agreed to refer the said disputes to arbitration and join as a

party in the present pending arbitration.

NOW, THEREFORE, the parties agree to the terms and conditions as follows

1. In event of dispute of every nature and kind arising between the above-mentioned parties, in
respect of the [TYPE OF GENERAL AGREEMENT] agreement, executed on [DATE] between
the same parties including but not limited to the existence, validity, meaning and interpretation,
enforcement, operations, performance, nonperformance, breach, continuance, or termination of
the agreement shall be referred to arbitration as per the terms laid infurther in theagreement.

2. After a dispute has arisen, either party may demand the arbitration proceedings to commence
as the agreement, in writing within [NUMBER] days, with details of the dispute and the details
of the arbitrator named by the party demanding arbitration.

a. After such a demand has been raised, the other party within [NUMBER] days shall supply
details of the arbitrator being named on their behalf. The two arbitrators so appointed shall
further select the third arbitrator within [NUMBER] days who shall act as the Presiding
Arbitrator. In the event where the name of the third arbitrator is not agreed upon, the third
arbitrator shall be appointed by theArbitration Committee,

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b. The rules and procedures of [PARTICULAR TRADE, INDUSTRY, OR ASSOCIATION]
shall govern the arbitration hearing. The law of evidence shall govern the presentation of
evidence at such hearing. The provisions of the [Arbitration and Conciliation Act, 2013] so far as
applicable shall apply to this reference to arbitration.

3. The language of the arbitrationhearings shall be [LANGUAGE].

4. The proceedings shall be held at [CITY], wherein the venue may be mutually decidedupon by
either the parties themselves or the appointed arbitrators.

5. Nothing contained in this agreement shall be deemed to give the arbitrators any power, right or
authority to change, amend, modify, add, alter any provisions as provided in the primary
agreement between the parties.

6. This Arbitration Agreement shall serve as a complete defense to any suit, action, or
proceeding instituted in any court or administrative tribunal with respect to any dispute arising
during the period of this agreement and which shall have been being referred to the arbitral
tribunal.

7. Any amendments, additions or modifications in the agreement or any additional obligation in

connection with this agreement shall be binding only in case the following is in writing and is
signed by each party.

8. The terms of this agreement serve as a bar to any suit, action, or proceeding instituted in any
other court in respect to the disputes which require being referred to arbitration as per this
agreement.

9. The arbitration provisions of this agreement, with respect to controversy or dispute which
requires being arbitrated, shall survive the termination/ expiration of the [TYPE OF GENERAL
AGREEMENT agreement, executedon[DATE]

10. The award rendered by a majority of the arbitrators shall be final and binding on the parties

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Having agreed to the above provisions, this Agreement is signed on [DATE] at [PLACE], copy
delivered to both the parties

1. [NAME & DESIGNATION] for and on behalf of [FIRST PARTY]

2. [NAME & DESIGNATION] for and on behalf of [SECOND PARTY]

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 WITHOUT PREJUDICE DRAFT

22.12.2020

THIS AGREEMENT made and entered into at Mumbai this day of ______

2020

BETWEEN

M/s. SAI SIDDHANT DEVELOPERS, A partnership firm duly registered under the

provisions of Indian Partnership Act, 1934, having its office at 1, Ramkrupa Building,

Devji Bhimji Lane, Mathuradas Road, Kandivali (West), Mumbai – 400 067, hereinafter

referred to as “THE SAID SAI” (which expression shall unless it be repugnant to the

contextor meaning hereof include the partners or partner for the time being of the said

firm, survivors or survivor of them, the heirs, executors, administrators of the last

surviving partner) OF THE ONE PART

AND

M/S. WESTIN BUILDERS AND DEVELOPERS, a company registered under the

Indian Companies Act, 1956, having its office at

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_________________________________, hereinafter referred to as “THE SAID

WESTIN, (which expression shall unless it be repugnant to the contextor meaning

thereof include their Directors and assigns)OF THE OTHER PART;

AND

D. N. NAGAR SHIVNERI CO-OPERATIVEHOUSING SOCIETY LIMITED, A Society,

registered under the provision ofMaharashtra Co-operative Society’s Act, 1960,

having its registered office at Building No. 5, D. N. Nagar,Andheri (West), Mumbai – 400

053hereinafter referred to as “THE SAID SOCIETY, (which expression shall unless it be

repugnant to the contextor meaning thereof include their Directors and assigns)OF THE

THIRD PART;

WHEREAS:

(g) By and under registered Development Agreement dated 8 th December 2010

entered between D. N. Nagar Niwara Co-operative Housing Society Limited and

the said Sai. The said Sai was appointed Developer in respect of the property viz.

Building No.10, situate at Survey No.106-A (P) at D. N. Nagar, Andheri (West),

Bombay 400 053, hereinafter referred to as "the said property", upon the terms

and conditions contained in the said Development Agreement;

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(h) By and under letter dated 6th January 2018, the said society terminated the said

Development Agreement dated 8th December 2010;

(i) The said Sai has disputed termination and the matter is referred to the sole

arbitrator Mr.Shyam Kapadia for his decision.

(j) By and under Order dated 21 st July 2020, the said Arbitrator has directed the said

Sai to hand over possession of the said property to the said D. N. Nagar Niwara

Co-op. Housing society, to enable the said society to complete the balance

construction work;

(k) The said Sai has disputed the rights of the New Developer and therefore, there is

a dispute between the parties hereto with regard to respective rights of the

parties.

(l) The said Westin has agreed to refer the said disputes to arbitration and join as a

party in the present pending arbitration.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:_

1. The said Westin hereby agrees to refer all its dispute with the said Sai with regard

to rival claim of development rights in respect of the said property and all other

dispute with regard to rights of respective parties under the Development

Agreement dated 08th December 2010 and Agreement dated _________ and join

as a party Respondent in the present arbitral proceedings pending before the

Sole Arbitrator Mr. Shyam Kapadia.

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 2. The said Westin and both the parties hereby agree that Arbitration shall be

conducted in accordance with the provisions of Arbitration and Conciliation Act,

1996 and the decision given by the Learned Arbitrator shall be final and binding

on the parties.

IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their

respective hands at Mumbai the day and the year first hereinabove written.

SEALED, SIGNED AND DELIVERED }

THE WITHINNAMED “THE SAI” }

M/s. SAI SIDDHANT DEVELOPERS. }

Through their Directors }

in the presence of … …. … … … … }

1) }

2)

SEALED, SIGNED AND DELIVERED }

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THE WITHINNAMED “THE WESTIN” }

M/S. WESTIN BUILDERS AND DEVELOPERS}

in the presence of … …. … … … … … }

1.

2.

SEALED, SIGNED AND DELIVERED }

THE WITHINNAMED “THE SOCEITY” }

D. N. NAGAR SHIVNERI CHS LTD. }

in the presence of … …. … … … … … }

1.

2.

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