Arbitration Deed Template for India

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Key Requirements PROMPT example:

Arbitration Deed

"I need an Arbitration Deed for a domestic commercial dispute between two Indian manufacturing companies, with a three-member tribunal seated in Mumbai, to be completed before March 2025, with specific provisions for virtual hearings and expedited procedures."

What is a Arbitration Deed?

The Arbitration Deed is a crucial document in Indian commercial practice, used to establish a comprehensive framework for resolving disputes through arbitration rather than court litigation. This deed becomes particularly relevant when parties wish to have a detailed, standalone arbitration agreement, either because their original contract lacks arbitration provisions or they want more detailed arbitration procedures. The document must comply with the Arbitration and Conciliation Act, 1996, and subsequent amendments, incorporating essential elements such as the arbitrator appointment process, procedural rules, and enforcement mechanisms. An Arbitration Deed is particularly valuable in complex commercial relationships where parties need clarity on dispute resolution procedures and want to ensure their arbitration process will be recognized and enforced under Indian law.

What sections should be included in a Arbitration Deed?

1. Parties: Identification and details of all parties entering into the arbitration deed

2. Background: Context of the dispute or relationship between the parties that has led to this arbitration deed

3. Definitions: Definitions of key terms used throughout the deed

4. Agreement to Arbitrate: Clear statement of parties' consent to resolve disputes through arbitration

5. Scope of Arbitration: Detailed description of what disputes are covered by the arbitration agreement

6. Arbitration Tribunal: Composition of the arbitral tribunal, number of arbitrators, and appointment process

7. Seat and Venue: Specification of the legal seat of arbitration and physical venue for hearings

8. Governing Law: Law governing the arbitration proceedings and substantive dispute

9. Language: Language in which arbitration proceedings will be conducted

10. Procedural Rules: Rules governing the conduct of arbitration proceedings

11. Costs: Allocation of arbitration costs and expenses

12. Award: Provisions regarding the nature and enforcement of the arbitral award

13. Confidentiality: Obligations regarding confidentiality of the arbitration proceedings

14. Notices: Method and addresses for serving notices related to the arbitration

15. Execution: Signature blocks and execution formalities

What sections are optional to include in a Arbitration Deed?

1. Emergency Arbitrator: Provisions for appointment of emergency arbitrator for urgent interim relief

2. Multi-Party Provisions: Special provisions for arbitrations involving more than two parties

3. Interim Measures: Specific provisions regarding interim relief and court assistance

4. Expert Determination: Provisions for appointment and role of external experts

5. Mediation-Arbitration: Provisions for attempted mediation before proceeding to arbitration

6. Appeals: Provisions for appeals against the arbitral award

7. Third Party Funding: Provisions regarding disclosure and regulation of third party funding

8. Virtual Hearings: Procedures for conducting arbitration hearings virtually

What schedules should be included in a Arbitration Deed?

1. Schedule 1 - Arbitrator Qualifications: Detailed qualifications and requirements for arbitrators

2. Schedule 2 - Arbitration Rules: Detailed procedural rules if not adopting institutional rules

3. Schedule 3 - Fee Schedule: Detailed breakdown of arbitrator fees and administrative costs

4. Schedule 4 - Timeline: Proposed timeline for various stages of the arbitration

5. Appendix A - Underlying Agreement: Copy of the agreement containing the original dispute

6. Appendix B - Documents List: List of relevant documents referred to in the arbitration deed

7. Appendix C - Special Procedures: Any special procedures agreed by the parties for the arbitration

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Manufacturing

Information Technology

Construction

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Financial Services

Healthcare

Energy

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Retail

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Relevant Teams

Legal

Compliance

Corporate Affairs

Risk Management

Commercial Operations

Business Development

Procurement

Contract Administration

Corporate Secretarial

Executive Leadership

Relevant Roles

General Counsel

Legal Director

Contract Manager

Chief Legal Officer

Compliance Officer

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Business Development Manager

Project Manager

Commercial Director

Risk Manager

Company Secretary

Chief Executive Officer

Chief Operating Officer

Procurement Manager

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Industries
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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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