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Welcome To Contract Easily! ( Consult, Contract, Share,download Legal Matters Easily )
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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 20 of the Arbitration Act, 1940:
This application is crucial when a party seeks the initiation of arbitral proceedings and appointment of arbitrators under the Arbitration Act, 1940. Here's a concise guide for drafting this application:
Title and Identification: Clearly title the document as "Application Under Section 20 of the Arbitration Act, 1940." Include names of the parties, case details, and legal jurisdiction.
Introduction and Arbitration Agreement: Begin with an introduction, stating the existence of a valid arbitration agreement and the intention to invoke Section 20 for the appointment of arbitrators.
Statement of Dispute: Briefly outline the nature of the dispute, emphasizing that it falls within the scope of the arbitration agreement.
Prayer for Arbitrator Appointment: Clearly state the prayer for the court to appoint arbitrators and facilitate the commencement of arbitral proceedings.
Supporting Documents: Annex the arbitration agreement and any other relevant documents supporting the existence and validity of the agreement.
Common Mistakes to Avoid:
Insufficient Details: Clearly articulate the details of the arbitration agreement, avoiding vague or incomplete descriptions.
Failure to Establish Validity: Provide evidence to establish the validity of the arbitration agreement, preventing challenges to its enforceability.
Ignoring Legal Formalities: Ensure compliance with procedural requirements, including serving notice to the opposing party, to prevent procedural challenges.
Inadequate Reference to Arbitration Clause: Clearly reference the specific arbitration clause or agreement that the application is based on.
Lack of Signatures: Ensure the application is duly signed by authorized representatives, confirming their consent to arbitration.
By following these guidelines and avoiding common mistakes, a well-drafted Application Under Section 20 of the Arbitration Act, 1940, facilitates the court's intervention in appointing arbitrators and initiating the arbitral process. This type of application is commonly used when a party faces reluctance from the other party to commence arbitration proceedings as per the existing agreement.