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Arbitration

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48 views18 pages

Arbitration

Uploaded by

muktha
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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ARBITRATION

 ARBITRATOR:- SASHIKALA

 PARTY 1:- MEGHANA

 PARTY 2:- T. BHUVNESHWARI

 COUNSEL 1:- MUKTHA SURY H.S

 COUNCEL 2:- MANOJ U.S

 WITNESS 1:- DIVYASHREE D.M

 WITNESS 2:- NAIVEDYA C.P


Soundarya Educational Trust ®
SOUNDARYA COLLEGE OF LAW
SoundaryaNagara, Sidedahalli, Nagasandra Post, Bengaluru-560073

CLINICAL COURSE-II

ALTERNATIVE DISPUTE RESOLUTION SYSTEM (ADR’s)

Record on Simulation Exercises

Submitted By

Name of the Student:

Register No. :
Course :
Semester :

Submitted To

Course Teacher Principal

A Practical record is submitted for partial fulfillment of the


Clinical Course – II : Alternative Dispute Resolution Systems for the
academic year 2021 – 2022
Karnataka State Law University,
Hubballi

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CONTENTS

Sl. Particulars Page No’s.


No.
1. Simulation Exercise – I : Arbitration
1.Cause Title
2.Facts of the Dispute
3.Arbitration Agreement
4.Appointment of the Arbitrator
5.Statement of Claims
6.Statement of Defence
7.Claimant Argument
8.Opponent Argument
9.Observation by the Arbitrator
10. Arbitral Award
2. Simulation Exercise – II : Conciliation
1.Cause Title
2.Facts of the Dispute
3.Opening Statement of the Conciliator
4.Statement by the First Party
5.Statement by the Second Party
6.Observation by the Conciliator
7.Settlement Agreement
3. Simulation Exercise – III : Mediation
1.Cause Title
2.Facts of the Dispute
3.Opening Statement of the Mediator
4. Petitioner’s Statement
5. Respondent’s Statement
6.Petitioner Argument
7.Respondent Argument
8.Identification of the Problem
9.Settlement Agreement
4. Simulation Exercise – IV : Negotiation
1.Cause Title
2.Facts of the Dispute
3.Opening Statement of the Negotiator
4.Statement by the First Party
5.Statement by the Second Party
6.Bargaining and Problem Solving
7.Settlement Agreement

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SIMULATION EXERCISE 1 –

ARBITRATION

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Downloaded by MUKTHA SURYA HS (mukthasurya03@gmail.com)
Cause Title

Before the Sole Arbitrator


Bengaluru
Case No. 12/2020

M/s. A & Z Construction ................................................................. Claimant


Aged around 45 years
Residing at Bengaluru

V/S

Aravind ..........................................................................................Respondent
Aged around 35 years
Residing at Bengaluru

Reference of the Dispute for Arbitration under Section 8 of the Arbitration and
Conciliation Act, 1996

[xxxxxx]
Advocate
Counsel for Claimant
Facts of the Dispute

Downloaded by MUKTHA SURYA HS (mukthasurya03@gmail.com)


Downloaded by MUKTHA SURYA HS (mukthasurya03@gmail.com)
Arbitration Agreement & Appointment of the Arbitrator

This agreement made and entered into between Harish (Party 1) and Aravind (Party 2) on this day of
________________________________month 2020 (21st day of May
Month 2020) witnesseth as follows:

For the purpose of final determination of the dispute, the matter will be referred to_
(Name), an
Arbitrator nominated by both the parties.

Having agreed to the above by both the parties, the said parties affix their signatures to this
agreement this________________________________day of__________2020, Bangalore.

Harish Aravind
Party 1 Party 2
Represented by his Counsel Represented by his Counsel
Name Name

Witnessed by Name
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Statement of the Claimant

Claimant Details:
Harish
Aged around 45 years Residing at Bangalore.

For the kind perusal of Name of Arbitrator Arbitrator


Bangalore.

I, Harish, in my true sense state the following claims:

Dated: Harish
(Claimant)
Downloaded by MUKTHA SURYA HS (mukthasurya03@gmail.com)
Statement of the Defence

Defendant/Respondent Details: Aravind


Aged around 35 years Residing at Bangalore.

For the kind perusal of Name of Arbitrator Arbitrator


Bangalore.

I, Aravind, in my true sense state the following claims:

Dated: Aravind
(Defendant/Respondent)
Downloaded by MUKTHA SURYA HS (mukthasurya03@gmail.com)
Claimant Argument

Claimant Counsel Details: Name


Office at Bangalore

For the kind perusal of Name of Arbitrator Arbitrator


Bangalore.

I,__________________Claimant’s Counsel, in my true sense state the following


arguments:

Dated: Name
(Counsel for Claimant)

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