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Section 11 Application

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kuldeep singh
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19 views6 pages

Section 11 Application

Uploaded by

kuldeep singh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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IN THE HIGH COURT OF JUDICATURE FOR __________

__________ AT __________
S.B. CIVIL ARBITRATION APPLICATION NO. ______/2021

ABC
...APPLICANT
Versus
1. CD
2. EF
….RESPONDENT
***
APPLICATION UNDER SECTION 11 OF ARBITRATION AND
CONCILIATION ACT, 1996 FOR DIRECTIONS OF THE
HON’BLE COURT FOR APPOINTMENT OF A SOLE
ARBITRATOR FOR RESOLUTION OF DISPUTES BETWEEN
THE PARTIES.
***

TO,
THE HON’BLE CHIEF JUSTICE OF __________ AND HIS
LORDSHIPS OTHER COMPANION JUSTICES OF THE HIGH
COURT OF JUDICATURE FOR __________ __________ AT
__________.

MAY IT PLEASE YOUR LORDSHIPS:-


The Humble Applicant submits the instant application before
the Hon’ble Court as under:-

1. That (explain the purpose on which applicant and


respondent/s have entered into a contract). Copy of the
Agreement/Contract executed between the applicant and
respondent-___ is herewith enclosed as Annexure-1.
2. That (state the facts due to which dispute has arisen
between the parties to the contract)
3. That clause ____ of the agreement executed between
__________ states to refer any dispute between the parties
to Arbitration. Clause 62(a)of the dealership agreement
states as under:
WRITE DOWN THE ARBITRATION CLAUSE
4. That as per clause __ of the agreement any dispute arose
between the parties to the dealership agreement has to be
referred to sole arbitration to some officer of the
respondent. But the Arbitrator is an employee of the
respondent and have direct relation with the ______ who is
one of the party in the present dispute matter thus it give
rise to the justifiable doubts as to the independence or
impartiality of the arbitrator in accordance to the grounds
mentioned in the Fifth Schedule of the Arbitration and
Conciliation Act, 1996.
5. That the appointment of any officer nominated by
RESPONDENT as the Arbitrator in the present dispute
matter is a clear ground to challenge the appointment of
the arbitrator. As per section 12(3)(a) of the Arbitration
and Conciliation Act, 1996 which states that an arbitrator
may be challenged only if circumstances exists that give
rise to justifiable doubts as to his independence or
impartiality. In the present dispute matter arbitrator as
per the agreement is an employee of respondent and have
direct relation with one of the parties to the dispute which
makes a clear ground to challenge the arbitrator to be
appointed as per section 12(3)(a) of the Arbitration and
Conciliation Act, 1996.
6. That the applicant sent a notice for invoking Arbitration in
the matter of dispute between the respondent through his
advocate on 19th April 2021 but till date no reply to the
aforesaid notice has been received from the respondents’
side. Copy of the notice sent for invoking Arbitration is
herewith enclosed as .
7. That in the aforesaid notice sent for invoking arbitration
the applicant through his advocate after becoming aware
of the circumstances that the arbitration will be referred to
the any officer of respondent, the applicant has clearly
stated that the arbitration cannot be referred to any officer
of respondent as it raises the justifiable doubts as to the
independence or impartiality of the arbitrator as per the
the grounds mentioned in the Fifth Schedule of the
Arbitration and Conciliation Act,1996 and challenged the
appointment of such Arbitrator as per section 12(3)(a)
Arbitration and Conciliation Act,1996 and challenged the
appointment of such Arbitrator in accordance to the
procedure of challenge as per section 13 of the Arbitration
and Conciliation Act,1996.
8. That the respondents even after challenging the
appointment of such Arbitrator as per the rules and
procedures laid down under the Arbitration and
Conciliation Act,1996 did not even bother to take a look to
the assertions made in the aforesaid notice and neither
accepted/decided any point laid down in the aforesaid
notice nor they denied any of the points made in the
aforesaid notice.
9. That in view of the aforesaid facts and circumstances, it is
clear that there exists the dispute interse the applicant
and the respondent and further it is pertinent to note that
the respondents have failed to appoint any learned person
who is neutral and who is not related to any party in the
present dispute matter, now it is imperative that dispute
between the applicant and respondent is to be settled
through the Sole Arbitrator appointed by this Hon’ble
Court in view of the powers conferred under section 11(6)
of the Arbitration and Conciliation Act, 1996.

PRAYER
In view of the aforesaid facts and circumstances it is
humbly and most respectfully prayed that this Hon’ble
Court may be pleased to:-
i. Appoint a Sole Arbitrator to decide and adjudicate
upon the dispute between the applicant and
respondents arising out of __________.
ii. Direct that the Sole Arbitrator so appointed with seat
at __________ shall be entitled to receive the fee and
other expenses in terms of statutory provisions in
this regard.
iii. Any other order/direction which this Hon’ble Court
may deem just and expedient in the facts and
circumstances of the present case.
AND FOR THIS ACT OF KINDNESS AND JUSTICE, THE
APPLICANT HEREIN, AS IN DUTY BOUND SHALL EVER
PRAY.

HUMBLE PETITIONER
THROUGH COUNSEL

VERIFICATION
I, ___________ do hereby certify that the contents of the
Para 1 to ___ of the application are true and correct as per my
knowledge as well as on the basis of the legal advice rendered
by my counsel. Also, the prayer so sought therein is also correct
and legally valid.

DEPONENT

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