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Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Guideline for Drafting Application Under Section 11 of the Arbitration and Conciliation Act, 1996:
This application is pivotal when parties seek the appointment of an arbitrator through judicial intervention. Here's a concise guide for drafting this application:
Title and Identification: Clearly title the document as "Application Under Section 11 of the Arbitration and Conciliation Act, 1996." Include the names of the parties, case details, and legal jurisdiction.
Introduction and Background: Begin with an introduction, outlining the background of the dispute, the arbitration agreement, and the necessity for judicial intervention in appointing an arbitrator.
Legal Grounds: Clearly state the legal grounds for the application under Section 11, such as a failure to appoint an arbitrator, a deadlock in the appointment process, or challenges to the arbitrator's impartiality.
Supporting Documents: Annex all supporting documents, including the arbitration agreement, correspondence between parties, and any evidence substantiating the need for judicial appointment.
Prayer for Relief: Clearly articulate the relief sought, specifying the appointment of a specific arbitrator or seeking guidance on the appointment process.
Common Mistakes to Avoid:
Insufficient Grounds: Clearly and comprehensively state the legal grounds for judicial intervention, avoiding vague or unsupported claims.
Incomplete Annexures: Include all necessary documents and evidence to support the grounds for the application, ensuring the application is persuasive.
Failure to Serve Notice: Adhere to procedural requirements, including serving notice to the opposing party, to prevent procedural challenges.
Lack of Clarity in Relief Sought: Clearly specify the relief sought, whether it is the appointment of an arbitrator or guidance on the appointment process.
Ignoring Procedural Formalities: Ensure compliance with procedural requirements for filing the application, adhering to timelines and court-specific procedures.
By following these guidelines and avoiding common mistakes, a well-drafted Application Under Section 11 of the Arbitration and Conciliation Act, 1996, facilitates the efficient and just appointment of an arbitrator through judicial intervention. This type of application is commonly used in situations where parties face challenges in appointing arbitrators as per the terms of their arbitration agreement.