ARBITRAL AWARD BY TWO ARBITRATORS UNDER CLAUSE FOR REFERENCE OF FUTURE DIFFERENCES IN AGREEMENT FOR MAKING ALTERATIONS AND REPAIRS

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GUIDELINE

Guideline for Drafting Arbitral Award by Two Arbitrators under Clause for Reference of Future Differences in Agreement for Making Alterations and Repairs:

This document is utilized in construction or maintenance agreements where parties agree to resolve future disputes through arbitration. Here's a concise guide for drafting this award:

Title and Identification: Clearly title the document as "Arbitral Award by Two Arbitrators under Clause for Reference of Future Differences in Agreement for Making Alterations and Repairs." Include names of the parties, case reference, and details of the arbitration.

Introduction and Agreement Reference: Begin with an introduction, referencing the agreement's clause for the reference of future differences and emphasizing the voluntary agreement to resolve disputes through arbitration.

Background and Reference: Provide a brief overview of the dispute, specifying the alterations or repairs subject to arbitration and the contractual provisions relevant to the claim.

Legal Framework: Establish the legal framework governing the arbitration process, citing relevant arbitration rules, laws, and the specific clause in the agreement.

Joint Findings and Conclusions: Clearly outline the joint findings and conclusions reached by the two arbitrators on the merits of the dispute, adhering to the agreement's reference clause.

Common Mistakes to Avoid:

Inadequate Reference to Agreement Clause: Ensure a clear and specific reference to the agreement's clause allowing the arbitration of future differences to avoid disputes on jurisdiction.

Neglecting Legal Framework: Clearly identify the arbitration rules and laws governing the proceedings, ensuring compliance with the agreement and legal standards.

Ambiguous Findings: Use precise language in presenting findings to prevent ambiguity or misinterpretation by the parties involved.

Failure to Address Contractual Provisions: Thoroughly analyze and address all relevant contractual provisions related to alterations and repairs, avoiding oversight in the award.

Lack of Clarity in Conclusions: Clearly articulate the joint conclusions on the merits of the dispute, providing transparency in the decision-making process.

By following these guidelines and avoiding common mistakes, a well-drafted Arbitral Award by Two Arbitrators under a Clause for Reference of Future Differences in an Agreement for Making Alterations and Repairs ensures a legally sound resolution to construction or maintenance disputes, commonly arising in contractual relationships within the real estate and construction industries.

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