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AGREEMENT FOR CONCILIATION OF DISPUTES

This Agreement made at........... on this .......... day of .......... 20...... between X s/o.............................
r/o........................................ (hereinafter referred to as "the party of the FIRST PART") (which expression
shall unless it be repugnant to the context or meaning thereof, include his heirs, executors, administrators,
legal representatives and assigns) and Y s/o................................. r/o.................................... (hereinafter
referred to as "the party of the Second Part") (which expression shall unless it be repugnant to the context
or meaning thereof, include his heirs, executors, administrators, legal representatives and assigns).

WHEREAS the party of First Part has entered into a contract to supply ................. to the party of the
Second Part.

AND WHEREAS the differences and disputes have arisen between the said parties above mentioned
relating to quality of goods supplied by the party of the First Part.

AND WHEREAS the party of the Second Part has not made full payment to the party of the First Part and
the parties hereto could not settle the disputes mutually.

AND WHEREAS the parties have agreed to refer their disputes to the conciliation of one conciliator
Shri.....................

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

All the disputes between the parties relating to the supply of ............. shall be referred to conciliation of
sole conciliator Shri.............. for his final determination.

Each party shall submit to conciliator a brief written statement describing the general nature of the dispute
and points at issue. Each party shall send a copy of such statement to the other party. If the conciliator
requests for submission of a further written statement of his position and the facts and grounds in support
thereof, supplemented by any documents and other evidence that such party deems appropriate, he shall
submit the said written statement, etc. The party submitting such written statement, shall send a copy of
such statement, documents and other evidence to the other party.

The conciliator shall assist the parties in an independent and impartial manner in their attempt to reach an
amicable settlement of their dispute.

The conciliation proceedings shall be held at such place as determined by the conciliator, after consultation
with the parties, having regard to the circumstances of the conciliation proceedings.

The parties shall cooperate with the conciliator. Each party shall endeavour to comply with requests by the
conciliator to submit written materials, provide evidence and attend meetings.

Both the parties may arrange for administrative assistance during the conciliation proceedings as required
by the conciliator.

If during the conciliation proceedings, it appears to the conciliator that there exist elements of a settlement
which may be acceptable to the parties, he shall formulate the terms of a possible settlement and submit
them to the parties, for their observations. After receiving the observation of the parties the conciliator may
reformulate the terms of a possible settlement in the light of such observations. If the parties reach
agreement on a settlement of the dispute, they may draw up and sign a written agreement. On the parties
signing the settlement agreement, it shall be final and binding on the parties and persons claiming under
them respectively.

On execution of settlement or agreements, the conciliator shall authenticate the said agreement and furnish
a copy thereof to each of the parties.
The cost of conciliation shall be fixed by the conciliator and give written notice thereof to the parties. The
costs of conciliation shall be borne by the parties in equal shares.

In witness whereof the parties have signed these presents hereof, the day, month and year first hereinabove
written.

Witnesses :

1. Signed and delivered by (First Party)

2. Signed and delivered by (Second Party)

 
 

NOTICE BY THE PARTIES TO ARBITRATOR

To,

Shri ................................

Dear Sir,

WHEREAS by an agreement dated the .................... day of .................. 20.... entered into by and
between ............................ s/o................................. r/o............................... and ............................
s/o............................... r/o.............................copy whereof is hereto annexed, it was agreed that the matters
in difference between the parties should be referred to you for arbitration.

AND WHEREAS differences have arisen between the parties to which the said agreement apply.

Therefore we the aforesaid parties request you to act as sole arbitrator to determine the
differences arising between us, in accordance with the aforesaid agreement.

Yours faithfully,

...................... A

...................... B

Date ......................... 

NOTICE FOR GIVING CONSENT FOR THE APPOINTMENT OF AN ARBITRATOR

To,

Shri...................

Dear Sir,

Sub: Arbitration agreement dated ..............................

WHEREAS under an agreement dated ....................... entered into between A and B, the undersigned
agreed to construct building for B and under clause .................. of the said agreement, in case any dispute
or difference arises between the parties out of or in connection with the agreement or the carrying out of the
works, the same shall be referred to the arbitration of a sole arbitrator.

AND WHEREAS disputes have arisen between the parties to the said agreement.
Therefore I, hereby propose that Shri ................ be nominated as sole arbitrator
under the said clause. You are requested to give your consent for the appointment of
Shri......................... as sole arbitrator to determine the disputes arisen between the parties
to the agreement dated ............................ within ........................... days from receipt of
this letter.

In case you do not agree to the aforementioned name, I append hereinbelow names of two gentlemen, any
of whom may be appointed as sole arbitrator as aforementioned.

1.

2.

However, if you do not give your consent to the appointment of anyone of the above mentioned gentlemen
as the sole arbitrator, you are requested to suggest the names of three gentlemen, whose names you propose
for appointment as a sole arbitrator, within ..................... days from the receipt of this letter.

Please note that if you fail to give your consent for any of the names for the appointment of sole arbitrator
or if you do not suggest the names, to whom you propose for appointment within one week from the receipt
of this letter, I shall make an application to the court for the appointment of the sole arbitrator in
accordance with the provisions of Arbitration and Conciliation Act, 1956.

Yours faithfully,

.................................

Place: ........................

Date : ........................

NOTICE TO AN ARBITRATOR TO ACT AS SOLE-ARBITRATOR

From:

Sri........................s/o....................... r/o.......................

Subject : Notice to the appointed arbitrator to act as sole-arbitrator.

Sir,

The other party to the dispute (referred to you) Sri.................. s/o....................... r/o.............................. has
failed to appoint/reappoint an arbitrator despite service of a notice to appoint arbitrator upon him and
inspite of lapse of...... days time given by the said notice for the appointment of an arbitrator by him.

As such I do hereby request you to act and perform as the sole arbitrator with regard to the dispute/disputes
referred to you.

Yours faithfully

........................
sd/-

Copy to :-

Sri. ...........................s/o. ................. .r/o ..............................

(The other party to the dispute)

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