Arbitral award by Presiding Arbitrator on cross-claims

 

In the Matter of an Arbitration between [parties]?THIS IS THE AWARD of me _______________________________ [Presiding Arbitrator] of [address, etc.] made the ______ day of _____.

WHEREAS:

1. By an agreement in writing dated the _____ day of ______ and made between [insert name and address of first party] of the one part and ________________________ [insert name and address of second party] of the other part after reciting that certain disputes and differences had arisen and were then depending between the said parties it was agreed that the same should be referred to the award and final determination of _________________________________ [insert name and address of arbitrators] and in case they should not agree to the award of such person as the said arbitrators should by, writing under their hands appoint as Presiding Arbitrator and that the decision of such Presiding Arbitrator on the matters referred should be final so that [recite time, if named, for making award, the power to enlarge and other powers justifying the subsequent recitals and directions].
2. The said arbitrators by writing under their hands dated the ______ day of _____ duly appointed me [third arbitrator] to be the Presiding Arbitrator in accordance with the said agreement.
3. The said arbitrators differed and gave written notice thereof to me and thereupon the said disputes and differences stood referred to me for my award thereon as Presiding Arbitrator.
4. I the said [Presiding Arbitrator] by two several memoranda in writing under my hand endorsed on the said agreement enlarged the time for making this award until the ______ day of _______ next.

NOW BE IT KNOWN that I the said [Presiding Arbitrator] hereby make and publish this award of and concerning the same in manner following that is to say:

1. We award that upon taking an account of the dealings between the said [first party] and [second party] there is justly due from the said [second party] to the said [first party] the sum of Rs._________. ?
2. We direct the said [second party] to pay the said sum of Rs.__________ to the said [first party] at the office of his solicitors _______ on the _____ day of _______ [between the hours of ______ and _________ of the clock in the [forenoon]]. ?

• We award that the said [second party] shall at the time and place aforesaid pay to the said [first party] his costs of and attending the said reference and shall also pay the costs of this award which I settle at the sum of Rs._________ and in case the said [first party] pays the same then I award and direct that the said [second party] shall repay him at the time and place aforesaid the amount so paid by the said [first party]. ?

AS WITNESS etc.

Place:

 

[Signature of majority of members of Arbitral Tribunal]