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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 Notice under Section 20(3) of the Arbitration Act, 1940:
This notice is essential in the context of the Arbitration Act, 1940, specifically under Section 20(3), which addresses the termination of arbitration proceedings due to the arbitrator's failure to act. Here's a concise guide for drafting this notice:
Title and Identification: Clearly title the document as "Notice under Section 20(3) of the Arbitration Act, 1940." Include the names of the parties, case details, and details of the arbitration proceedings.
Introduction and Legal Reference: Begin with an introduction, referencing Section 20(3) of the Arbitration Act, explaining the specific grounds for issuing the notice.
Statement of Non-Performance: Clearly state the non-performance or failure to act on the part of the arbitrator, detailing instances or actions leading to the termination notice.
Legal Consequences: Outline the legal consequences and implications of Section 20(3), emphasizing the termination of the arbitrator's mandate and the necessity for a replacement.
Notice Period: Specify any notice period required by the Act and clearly state the effective date of termination if the arbitrator does not rectify the identified issues.
Common Mistakes to Avoid:
Ambiguous Grounds for Termination: Clearly and specifically outline the arbitrator's failure to act, avoiding vague or general allegations.
Failure to Cite Legal Reference: Clearly cite and reference Section 20(3) of the Arbitration Act, establishing the legal basis for the termination notice.
Incomplete Documentation: Ensure proper documentation of the arbitrator's alleged failures, providing a clear record of the grounds for termination.
Neglecting Notice Period: Adhere to any notice period requirements specified by the Act to ensure procedural compliance.
Lack of Clarity in Consequences: Clearly articulate the legal consequences of the termination, emphasizing the need for a replacement arbitrator and potential impacts on the arbitration process.
By adhering to these guidelines and avoiding common mistakes, a well-drafted Notice under Section 20(3) of the Arbitration Act, 1940, serves as a clear and legally sound communication, facilitating the termination of arbitration proceedings in cases of arbitrator non-performance. This notice is commonly used in various arbitration contexts governed by the Arbitration Act, 1940.