Draft of an application to the appropriate court to appoint an arbitrator when parties have failed in their attempts to appoint one according to the arbitration agreement
DRAFT
Title: Practical Training Paper II - Alternative Dispute Resolution System
Subject: Draft of an Application to the Appropriate Court for Appointment of an Arbitrator
Introduction:
The purpose of this assignment is to draft an application to the appropriate court seeking the appointment of an arbitrator when the parties involved in a dispute have failed in their attempts to appoint one according to the arbitration agreement. When parties are unable to agree on the appointment of an arbitrator, seeking court intervention becomes necessary to ensure the progress of the arbitration proceedings. This draft aims to provide detailed information and grounds for requesting the court's appointment of an arbitrator.
Draft Application to the Appropriate Court for Appointment of an Arbitrator:
In the [Court Name]
[Address]
[City, State, ZIP Code]
[Date]
Applicant:
Name: [Full Name]
Address: [Physical Address]
Contact Number: [Phone Number]
Email: [Email Address]
Respondent:
Name: [Full Name]
Address: [Physical Address]
Contact Number: [Phone Number]
Email: [Email Address]
Arbitration Case Details:
Arbitration Agreement Reference: [Reference Number]
Date of Agreement: [Date]
Introduction:
1.1 The Applicant hereby submits this application to the court seeking the appointment of an arbitrator as per the arbitration agreement referenced above.
The applicant introduces the purpose of the application, which is to request the court's intervention in appointing an arbitrator. The applicant asserts that the parties have been unable to agree on the appointment and thus requires the court's assistance in ensuring the progress of the arbitration proceedings.
1.2 Pursuant to the relevant provisions of the [Specify Applicable Law or Arbitration Act], the court has the authority to appoint an arbitrator when the parties are unable to agree on the appointment.
The applicant highlights that the court has the authority, as provided by the relevant law or arbitration act, to intervene and appoint an arbitrator when the parties fail to agree. This establishes the legal basis for seeking the court's appointment.
Background:
2.1 Provide a brief summary of the dispute, including the nature of the dispute and the parties involved.
The applicant provides a concise overview of the dispute that led to the arbitration proceedings. This includes a description of the nature of the dispute, such as a contractual disagreement, and identifies the parties involved in the arbitration.
2.2 State that the arbitration agreement contains a provision specifying the process for appointing an arbitrator, and the parties have attempted to follow this process but have been unsuccessful in reaching an agreement.
The applicant mentions that the arbitration agreement in question includes a provision outlining the process for appointing an arbitrator. It further explains that despite the parties' genuine efforts to follow the prescribed process, they have been unable to reach an agreement on the appointment.
2.3 Explain the efforts made by both parties to appoint an arbitrator, including any communications or negotiations undertaken to resolve the impasse.
The applicant elaborates on the efforts made by both parties to appoint an arbitrator. This may include detailing the communications, negotiations, or discussions held between the parties in an attempt to reach an agreement. It highlights the good faith efforts made by the parties to resolve the impasse.
Legal Basis for Court's Intervention:
3.1 Refer to the relevant provisions of the arbitration agreement that empower the court to appoint an arbitrator in case of a failure to agree on the appointment.
The applicant refers to the specific provisions within the arbitration agreement that grant the court the authority to intervene and appoint an arbitrator when the parties are unable to agree. This highlights that the court's involvement is in accordance with the terms agreed upon by the parties.
3.2 Highlight the provisions of the applicable law or arbitration act that grant the court the authority to intervene and appoint an arbitrator in such circumstances.
The applicant identifies and cites the relevant provisions of the applicable law or arbitration act that empower the court to intervene and appoint an arbitrator in situations where the parties fail to reach an agreement. This further solidifies the legal basis for seeking the court's intervention.
Grounds for Appointment:
The Applicant requests the court to appoint an arbitrator based on the following grounds:
4.1 Failure to Agree:
The parties have made genuine efforts to agree on the appointment of an arbitrator but have been unable to reach a consensus despite reasonable attempts.
The applicant emphasizes that despite the parties' genuine efforts to reach an agreement on the appointment of an arbitrator, they have been unable to do so. This demonstrates that all reasonable attempts have been made to resolve the issue without court intervention.
4.2 Impediment to Progress:
The failure to appoint an arbitrator has caused a significant impediment to the progress of the arbitration proceedings, and there is a risk of delay or prejudice to the parties if an arbitrator is not appointed promptly.
The applicant explains that the inability to appoint an arbitrator has resulted in a significant obstacle to the progress of the arbitration proceedings. It highlights the potential risks, such as delays or prejudice, that may arise if an arbitrator is not appointed promptly. This showcases the urgency and necessity of court intervention.
4.3 Preservation of Party Autonomy:
Appointment of an arbitrator by the court would ensure that the parties' autonomy and right to have their dispute resolved through arbitration, as agreed upon in the arbitration agreement, are upheld.
The applicant asserts that court intervention in appointing an arbitrator is necessary to preserve the parties' autonomy and their chosen method of dispute resolution through arbitration. It emphasizes that the court's appointment would honor the parties' initial agreement and respect their autonomy in resolving their dispute.
Details of Requested Appointment:
The Applicant requests the court to consider the following details while appointing an arbitrator:
5.1 Qualifications and Expertise:
The arbitrator should possess the necessary qualifications, expertise, and experience relevant to the nature of the dispute.
The applicant requests the court to consider appointing an arbitrator who has the appropriate qualifications, expertise, and experience relevant to the specific nature of the dispute. This ensures that the appointed arbitrator has the necessary knowledge to effectively handle the case.
5.2 Impartiality and Independence:
The arbitrator should be impartial and independent, ensuring fairness and neutrality in the arbitration proceedings.
The applicant emphasizes the importance of appointing an arbitrator who demonstrates impartiality and independence. This ensures that the arbitrator remains neutral and unbiased throughout the arbitration proceedings, thereby upholding the principles of fairness and justice.
5.3 Appointment Procedure:
The Applicant requests the court to outline the procedure for appointing the arbitrator, including the timeline for the appointment and any other necessary instructions.
The applicant asks the court to provide specific instructions regarding the procedure for appointing the arbitrator. This includes requesting the court to define the timeline within which the appointment should be made and any additional guidelines or directions the court deems necessary.
Supporting Documents:
The Applicant attaches the following supporting documents to this application:
6.1 Copy of the arbitration agreement containing the relevant provision for appointment of an arbitrator.
The applicant attaches a copy of the arbitration agreement, specifically highlighting the provision that outlines the process for appointing an arbitrator. This serves as evidence of the parties' agreement and provides the court with the necessary information regarding the agreed-upon procedure.
6.2 Documentation evidencing the attempts made by both parties to agree on the appointment, such as correspondence, meeting minutes, or any other relevant communication.
The applicant includes supporting documentation that demonstrates the efforts made by both parties to reach an agreement on the appointment of an arbitrator. This may include correspondence, meeting minutes, or any other relevant communication exchanged between the parties during the attempted appointment process.
Conclusion:
The Applicant concludes the application by respectfully requesting the court to exercise its authority and appoint an arbitrator for the resolution of the dispute, in accordance with the relevant provisions of the arbitration agreement and the applicable law.
[Applicant's Name]
[Applicant's Signature]
Note: This elaboration provides a detailed explanation of each section in the draft application for appointment of an arbitrator. It is important to customize the content based on the specific legal requirements, jurisdiction, and circumstances of the case. Seeking advice from a qualified legal professional is recommended to ensure compliance with the applicable laws and procedural rules.
Very well presented.needs no further. Information
ReplyDeleteMakarand joshi