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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 Order of Reference under Sections 20(4) and 23(1) of Arbitration Act, 1940:
This order is pivotal when a court refers a matter to arbitration under the provisions of the Arbitration Act, 1940. Here's a concise guide for drafting this order:
Title and Identification: Clearly title the document as "Order of Reference under Sections 20(4) and 23(1) of Arbitration Act, 1940." Include names of the parties, case details, and legal jurisdiction.
Introduction and Legal Basis: Begin with an introduction, stating the legal basis for the reference to arbitration, emphasizing Sections 20(4) and 23(1) of the Arbitration Act, 1940.
Summary of Dispute: Provide a brief summary of the dispute, highlighting the issues referred to arbitration and acknowledging the court's authority to make the reference.
Appointment of Arbitrator: Clearly specify the appointment of the arbitrator or arbitration panel, emphasizing their impartiality and qualifications.
Procedure and Timelines: Outline the procedural rules and timelines governing the arbitration proceedings, ensuring clarity and efficiency in the resolution process.
Common Mistakes to Avoid:
Lack of Legal Grounds: Clearly articulate the legal grounds for the reference to arbitration, avoiding vague or unsupported claims.
Omission of Key Details: Include crucial details such as the names of the parties, case details, and the appointed arbitrator to prevent misunderstandings.
Ambiguity in Reference Scope: Clearly define the scope of the matters referred to arbitration to avoid uncertainties and potential challenges to the arbitrator's jurisdiction.
Ignoring Procedural Formalities: Ensure compliance with procedural requirements for making the reference under the specified sections of the Arbitration Act, 1940.
Failure to Serve Notice: Adhere to notice requirements, serving the order on all concerned parties and stakeholders to prevent procedural challenges.
By adhering to these guidelines and avoiding common mistakes, a well-drafted Order of Reference under Sections 20(4) and 23(1) of the Arbitration Act, 1940, serves as a clear and legally sound document initiating the arbitration process. This order is commonly used in the legal landscape when a court directs parties to resolve their disputes through arbitration rather than litigation.