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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.
VARIOUS RECITALS OF REMISSION OF ARBITRAL AWARD
AND WHEREAS at the request of the parties I stated my award in the form of a special case for the decision of the High Court.
AND WHEREAS my award was remitted to me to give effect to the answer of the court on question [(b)] [and to deal with the costs of the hearing before the arbitrators, subject to this, that the amount of __________ not having been challenged before the court remains as found by me in the case, namely the amount of Rs._________ [and to deal with the amount of interest] and with leave to appeal with the time extended to six weeks if necessary.
AND WHEREAS no appeal was entered and the parties by counsel appeared before me on the ________ day of __________
AND WHEREAS my award was remitted to me to reconsider the fees awarded in the light of the judgment of the court.
Guideline for Drafting Various Recitals of Remission of Arbitral Award:
This document is employed in arbitration proceedings when the parties involved seek remission, or the referral back, of the arbitral award to the arbitrator for reconsideration or clarification. Here's a concise guide for drafting this document:
Title and Identification: Clearly title the document as "Various Recitals of Remission of Arbitral Award." Include the names of the parties, case reference, and details of the arbitration.
Background and Reference: Provide a brief overview of the arbitration proceedings, specifying the grounds and reasons for seeking remission.
Legal Framework: Establish the legal framework governing the arbitration process, referencing applicable arbitration rules and laws supporting the remission request.
Specific Recitals: Include distinct recitals addressing each aspect of the remission request, such as ambiguity in the award, newly discovered evidence, or procedural irregularities.
Request for Remission: Clearly state the parties' formal request for remission, outlining the specific issues to be reconsidered or clarified by the arbitrator.
Common Mistakes to Avoid:
Vague Grounds for Remission: Clearly articulate the reasons for seeking remission, avoiding vague or generic statements that may weaken the request.
Failure to Reference Legal Framework: Explicitly cite the arbitration rules and legal provisions allowing for remission to strengthen the request's legal basis.
Ambiguous Recitals: Ensure each recital is clear, precise, and directly related to the specific aspect of the award under reconsideration.
Neglecting Communication: Maintain open communication between the parties and the arbitrator to address any procedural issues promptly and prevent misunderstandings.
Incomplete Request for Remission: Clearly outline the specific issues or aspects of the award requiring reconsideration to guide the arbitrator effectively.
By adhering to these guidelines and avoiding common mistakes, a well-drafted document on Various Recitals of Remission of Arbitral Award provides a structured and legally sound approach to addressing issues in arbitration awards, often used in commercial and international arbitration contexts.