IN THE -------- AT NEW DELHI
ARBITRATION PETITION NO. _______ OF 2015
IN THE MATTER OF:-
ABC … Applicant
Versus
Xyz
… Respondent
PETITION
UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 FOR
APPOINTMENT OF ARBITRATOR
MOST RESPECTFULLY SHEWETH:
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1.
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Provision under
Section which the Application is filed.
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Section 11(6) of
the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the
said Act”).
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2.
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Name of the
Applicant with complete address.
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ABC
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3.
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Name of the other
party to the Arbitration Agreement with complete address.
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Xyx
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4.
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Names and
addresses of the Arbitrators, if any, already appointed by the parties.
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None
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5.
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Name and address
of the person or institution, if any, to whom any function has been entrusted
by the parties to the Arbitration Agreement under the appointment procedure
agreed upon by them.
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In accordance with
Clause 34 of the terms and conditions agreed upon between the parties,
disputes may be referred to Arbitration of a person selected by the Applicant
out of a panel of three persons nominated by the General Manager of the Unit
or Project of the Respondent Company to which the Contract relates.
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6.
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Qualification
required, if any, of the Arbitrator by the agreement of the parties.
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None
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7. The brief facts describing the general
nature of the disputes and the points at issue.
“34.0 Arbitration and Governing Law
34.1 Arbitration:
All disputes and differences which may arise out of
or in connection with or are incidental to the Agreement(s) including any
dispute or difference regarding the interpretation of the terms and conditions
of any clause
.”
A.
same is realized.
B.
That in
terms of Clause 34 of the general purchase conditions of the said Purchase
Order, it was agreed that in case of any disputes that may arise pertaining to
the agreement, the Applicant shall be entitled to select an arbitrator from a
panel of 3 persons nominated by the Respondent. However, in spite of serving
upon the Respondent the notice invoking arbitration, no reply has been received
by the Applicant.
C.
Accordingly,
the Applicant has no other option and
is constrained to file the present Petition before this Hon’ble Court for
appointment of Sole Arbitrator to adjudicate all disputes between parties.
D.
The
Respondent has its Office at New Delhi, within the territorial jurisdiction of
this Hon’ble Court. Detailed discussions, negotiations and meetings have taken
place between the applicant and the respondent at -----, both before and after
execution of the said agreement. The
arbitration proceedings between the parties have further been stipulated to be
held at ---- as per the agreement between the parties. Hence, it is submitted
that this Hon’ble Court has the territorial as well as pecuniary jurisdiction
to entertain, try and dispose of the present Petition, since the cause of
action and/or part thereof has arisen within the territorial jurisdiction of
this Hon’ble Court.
E.
That the present application is filed within the
period of limitation.
APPLICANT
THROUGH
-
ADVOCATES FOR THE APPLICANT
-
-
DATED: /
/2015
VERIFICATION:
I, -
, designated as ------ of
the applicant do hereby verify that what is stated in paragraphs 1 to
___________) is based on the information received from the records of the
Applicant company and what is stated in the remaining paragraph is based on
legal advise and I believe the same to be true.
Verified on this day of, , 2015.
DEPONENT
IN THE- COURT OF
DELHI AT NEW DELHI
ARBITRATION PETITION NO. _______ OF 2015
IN THE MATTER OF:-
-. --- … Applicant
VERSUS
-----
… -------------------------------Respondent
AFFIDAVIT
I, - S/o of Shri -,
aged about --years, presently - of the
Applicant company having its registered office at-, India, do hereby solemnly
affirm and declare as under:-
1. That I am - in the
Applicant Company and am duly authorized and competent to sign and verify the present
Petition and am fully conversant with the facts and circumstances of the case
and am competent to swear the present affidavit.
2. That I have gone through the contents of
the accompanying Application under Section 11 of Arbitration and Conciliation
Act, 1996, which has been drafted by the Counsel at my instance and I state
that the same are based on the official records maintained by the applicant
Company and are believed to be true and correct.
3. That the contents of the present
affidavit are true and correct and nothing material has been concealed.
DEPONENT
VERIFICATION
Verified at New
Delhi on this _____ day of ________ 2015 by the above named deponent that the
contents of the above affidavit are true and correct, no part of it is false
and nothing material has been concealed therefrom.
DEPONENT
