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    Vidhi Aggarwal 38
    This document outlines an arbitration award between a contractor and owner regarding construction work. It details the appointment of arbitrators by both parties, issues in dispute around delays and defective work, amounts awarded for damages and still owed, and directions on costs.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Sample Draft

    Uploaded by

    Vidhi Aggarwal 38
    15 views2 pages
    This document outlines an arbitration award between a contractor and owner regarding construction work. It details the appointment of arbitrators by both parties, issues in dispute around delays and defective work, amounts awarded for damages and still owed, and directions on costs.

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    This document outlines an arbitration award between a contractor and owner regarding construction work. It details the appointment of arbitrators by both parties, issues in dispute around delays and defective work, amounts awarded for damages and still owed, and directions on costs.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    15 views2 pages

    Sample Draft

    Uploaded by

    Vidhi Aggarwal 38
    This document outlines an arbitration award between a contractor and owner regarding construction work. It details the appointment of arbitrators by both parties, issues in dispute around delays and defective work, amounts awarded for damages and still owed, and directions on costs.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    1. This is the Award by the undersigned, made the ………..

    day of ………

    2. Whereas by an agreement under the deed, dated………..and made between


    (contractor) of the one part and…………….(owner of the property)of the other
    part (being an agreement by the said contractor) to construct certain works
    upon the land of the said (owner) in accordance with sanctioned plans and
    specifications contained therein it was agreed between the parties that if any
    dispute should arise in future between the parties thereto relating to or
    touching the said agreement or the interpretation thereof or in relation to the
    rights, duties or liabilities of either party thereunder the same should be
    referred to two arbitrators and their umpire in accordance with the provisions
    of Arbitration & Conciliation Act, 1996.

    3. and Whereas disputes having arisen between the aforesaid parties relating to
    the said agreement the said (contractor) by writing dated……….nominated
    and appointed Shri…………(one arbitrator)…………of etc, and the said
    (owner) by writing dated……………..nominated and appointed
    Shri………..(other arbitrator)…….of etc, to act as arbitrators and settle the
    said matters in dispute between the parties.

    4. and Whereas the said arbitrators respectively accepted the said appointments
    and took upon themselves to discharge the burden of the said reference and
    before starting the proceeding for the consideration of the disputed matter
    referred to them by writing under their hands dated……….appointed me the
    said Presiding Arbitrator in the said arbitration.

    5. and Whereas the said arbitrators duly extended the time for making the award
    until the ………..day of………….

    6. and Whereas the said arbitrators were unable to agree amongst themselves
    unanimously upon an award and under such circumstances gave me notice in
    writing dated………….and thereupon the disputes stood referred to me.

    7. Now be it Know that, I, said Presiding Arbitrator, make my award on the


    following matter:

    8. I find that the completion of the work although was delayed for……..months
    beyond the agreed date on which it ought to have been completed but I find
    that such delay was caused partly by exceptionally bad weather and partly by
    lack of workmen caused by labour strikes and also their having taken up
    construction works under the Government and I find and award that the said
    (contractor) is not liable for any damage on that account.
    9. I find that a part of the work executed by the said(contractor) was found to be
    defective in the following respects…………..(defects set out) and I award that
    the said (owner) is entitled to Rs………….as damages on that account.

    10. I find and award that after deducting the said sum of Rs……on account of the
    damages there is still due and owing to the said (contractor) in respect of the
    matters in dispute between the said parties to reference the sum of…………..

    11. I direct the said (owner) shall pay the said sum of Rs………..to the said
    (contractor) on or before the ………..day of……..

    12. I award and direct that the cost of the said (contractor) relating to and
    incidental to this arbitration reference including the costs of the arbitrators and
    of this award which is Rs………..shall be borne and paid by the said (owner)
    or whatever may be the award as to costs.

    …………………..…(Sd

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