NOTICE FOR GIVING CONSENT FOR THE APPOINTMENT OF AN ARBITRATOR
To, Shri……………….
Dear Sir,
Sub: Arbitration agreement dated…………………………
WHEREAS under an agreement dated entered into between A and B,the undersigned agreed to construct building for B and under clause…………………………of the said agreement, in case any dispute or difference arises between the parties out of or in connection with the agreement or the carrying out of the works, the same shall be referred to the arbitration of a sole arbitrator.
AND WHEREAS disputes have arisen between the parties to the said agreement.
Therefore I, A, hereby propose that Shri…………………………I be nominated as sole arbitrator under the said clause. You are requested to give your consent for the appointment of Shri…………………………as sole arbitrator to determine the disputes arisen between the parties to the agreement dated…………………………within days from receipt of this letter.
In case you do not agree to the aforementioned name, I append herein below names of two gentlemen, any of whom may be appointed as sole arbitrator as aforementioned.
1.
2.
However, if you do not give your consent to the appointment of anyone of the above mentioned gentlemen as the sole arbitrator, you are requested to suggest the names of three gentlemen, whose names you propose for appointment as a sole arbitrator, within …………………days from the receipt of this letter.
Please note that if you fail to give your consent for any of the names for the appointment of sole arbitrator or if you do not suggest the names, to whom you propose for appointment within one week from the receipt of this letter, I shall make an application to the court for the appointment of the sole arbitrator in accordance with the provisions of Arbitration Act, 1940.
Place: ………………………… Yours faithfully,
Date ………………. …………………………