Board Resolution for Appointment of Arbitrator (Format)

The approval of the Board of Directors of a company is essential in the matters of arbitration and conciliation relating to any matter involving the company.

Please refer to the arbitration and conciliation laws of the country and agreement or any other important documents between the parties in dispute while finalising the board resolution.

Templates of board resolution for appointment of arbitrator(s) are given hereunder for your reference—

SAMPLE #1

(in case of appointment of sole arbitrator)

#. Arbitration in the matter of dispute with (Client / Party Name)

The Managing Director apprised the Board regarding the ongoing dispute the company is having with one of its clients, i.e. M/s. .......................... on the performance of contract dated .................. and the outcome of the meeting held on (date) between the senior management of both companies in this regard.

Further, the Board was informed that both the parties have shown their interest to resolve the dispute through arbitration in accordance with the clause ..... of the said contract.

The matter was discussed. Upon motion duly passed and seconded, it was:

"RESOLVED THAT an arbitrator be appointed in accordance with the clause .... of the contract dated ............ executed between the company and (Name of the Client/ Party), to resolve the dispute regarding the performance of the said contract.

RESOLVED FURTHER THAT (Name), (Designation) be and is hereby authorised to nominate an arbitrator as it may deem fit in consultation with the said party/client.

RESOLVED FURTHER THAT (Name), (Designation) be and is hereby authorised to do all such acts, deeds and things as may be necessary in this regard."

SAMPLE #2

(in case each party is to select an arbitrator)

#. To Appoint an Arbitrator in the matter of dispute with (Client / Party Name)

"RESOLVED THAT (Name of the Arbitrator), (Designation/Title), (Organisation Name) be and is hereby appointed to act as an "Arbitrator", to conduct the arbitration proceedings in accordance with the Arbitration and Conciliation Act, 1996 read with clause ... of the contract dated ............., entered into between the company and (Name of the Client/ Party), in order to resolve the dispute which has arisen with regard to the performance of the contract.

RESOLVED FURTHER THAT Ms. .............., Company Secretary, and Mr. ...................., General Manager (Finance) of the company, be and are hereby jointly authorised to represent the company before the body of arbitrators conducting the arbitration proceedings in this matter and to do all such acts, deeds and things as may be necessary in this regard."

SAMPLE #3

(Arbitration between the Company and a Supplier)

#. To nominate an arbitrator in the matter of dispute with (supplier name)

The Company Secretary updated the Board on the latest status of the dispute between the company and its supplier i.e. M/s. .................................. The supplier has agreed to resolve conflicts through arbitration proceedings. The Board considered the appointment of an arbitrator in this regard.

"RESOLVED THAT (Name of the Officer), (Designation) of the company be and is hereby nominated as the arbitrator to conduct the arbitration proceedings and give an award in the matters of dispute with one of the suppliers of the company, namely M/s. .................................

RESOLVED FURTHER THAT the Mr. ...................., Managing Director be and is hereby authorised to do all such acts, deeds and things as may be necessary in this regard."

............................................................

NOTE: These resolution samples are only for your reference to help you with drafting. Do refer the exact provisions of the relevant enactment, relevant rules framed thereunder and any other applicable laws to be able to not to miss out anything important while drafting.