Agreement
of Reference to Two Arbitrators
This
Agreement made at ... this ... day of... between Mr. A of the one Part and Mrs.
B of the other Part.... residing at ...
Whereas
Mr. A and Mrs. B are full brother and sister.
and
Whereas the father of both A & B died Intestate, on or about the ... day of
... leaving some moveable property in the shape of ornaments, Bank accounts,
investment and one immovable property.
and
Whereas disputes have arisen between the parties regarding their rights to and
shares in the said property and also regarding partition of the said property.
and
Whereas parties have agreed to refer all the disputes regarding their claims to
the said property including the question of partition thereof, according to
their respective rights to two arbitrators viz. Mr. X and Mr. Y. the former
being appointed by Mr. A and the latter by Mrs. B.
and
Whereas the parties have agreed to enter into this agreement for reference to
arbitration of the said disputes and claims to the two arbitrators in the manner
following.
Now
It 1s Agreed Between the Parties Hereto As Follows:
The
parties hereto refer all their disputes and claims regarding the properties
left by their father the late Mr... including the question of their respective
shares and including effecting partition of the said properties and all other
questions incidental thereto to the arbitration of the said two Arbitrators Mr.
X and Mr. Y.
2. The
said Arbitrators shall, before entering upon the reference appoint an Umpire.
3.
The
Arbitrators shall direct the parties to file their respective inventories of
the properties left by the said deceased. as per their respective contentions.
4. The
said Arbitrators shall allow the parties to file their respective claims and
contentions and to file documents relied upon by them within such reasonable
time as the Arbitrators may direct.
5. The
said Arbitrators shall give hearing to the parties either personally or through
their respective Advocates but the Arbitrators will not be bound to take any
oral evidence including cross examination of any party or person.
6. The
said Arbitrators shall make their Award within a period of four months from the
date of service of a signed copy of this Agreement on them by any of the
parties hereto provided that the Arbitrators will have power to extend the said
period from time to time with the consent of both the parties.
7. The
Arbitrators will not make any Interim Award.
8. The
Arbitrators will have full power to award or not to award payment of such costs
of and Incidental to this arbitration by one party to the other as they may
think fit.
9. Subject
to the provisions of the Arbitration Act 1940 the award will be binding on the
parties hereto.
10. The
Arbitration shall subject to what is herein provided, be governed by the
provisions of the Arbitration Act.
In
Witness Whereof the parties have put their respective hands the day and year
first hereinabove written.
Signed
by the with in named
Mr.
A ...... in the presence of
Signed
by the with in named
Mr.
B ...... in the presence of
