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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 Arbitral Award on Dispute as to Validity of Covenant in Restraint of Trade:
This document is employed in arbitration proceedings when there is a dispute concerning the validity of a covenant in restraint of trade. Here's a concise guide for drafting this document:
Title and Identification: Clearly title the document as "Arbitral Award on Dispute as to Validity of Covenant in Restraint of Trade." Include names of the parties, case reference, and the arbitrator's details.
Background and Reference: Provide a brief background on the covenant in question, referencing relevant contractual clauses and the specific dispute regarding its validity.
Legal Framework: Establish the legal framework governing restraints of trade, citing applicable laws and precedents to support the arbitral decision.
Arbitral Findings: Present the arbitrator's findings on the validity of the covenant, considering factors such as reasonableness, scope, and duration.
Conclusion and Decision: Clearly state the conclusions drawn from the arbitrator's findings, resulting in a decision on the validity of the covenant.
Common Mistakes to Avoid:
Unclear Legal Basis: Clearly articulate the legal basis for assessing the validity of the covenant, ensuring alignment with relevant laws and contractual agreements.
Failure to Consider Reasonableness: Ensure the arbitrator considers the reasonableness of the restraint, avoiding a one-size-fits-all approach.
Neglecting Legal Authorities: Cite legal authorities and precedents to substantiate the arbitrator's decision and enhance its legal validity.
Ambiguous Language: Use precise language to prevent misinterpretation of the arbitrator's findings and decision on the covenant's validity.
Omission of Parties' Arguments: Address key arguments presented by both parties to demonstrate a fair and thorough consideration of the dispute.
By adhering to these guidelines and avoiding common mistakes, a well-drafted Arbitral Award on Dispute as to Validity of Covenant in Restraint of Trade provides a clear and legally sound resolution to disputes arising from restraints of trade in various contractual agreements, such as employment contracts or business agreements.