Commencement of Arbitration. If the Dispute has not been resolved by negotiation within fifteen (15) days of the disputing party’s notice, or if the parties have failed to confer within fifteen (15) days after delivery of the notice, either party may then initiate arbitration by providing written notice of arbitration to the other party. In order to be valid, the notice shall contain a precise and complete statement of the Dispute. Within fifteen (15) days of receipt of the notice initiating arbitration, the receiving party shall respond by providing a written response which shall include its precise and complete response to the Dispute, and which includes any counter Dispute that the responding party may have.
Commencement of Arbitration. If no mutually acceptable settlement of the Dispute is made within sixty (60) days from the commencement of the settlement negotiation or if any Party refuses to engage in any settlement negotiation, any Party may submit the Dispute for arbitration.
Commencement of Arbitration. If a resolution is not reached by the parties prior to the end of the Negotiation Period, either party may provide a written request to the American Arbitration Association within ten (10) days from the end of such period requesting the selection of three (3) arbitrators (the "Panel") to arbitrate the parties' respective rights and obligations with respect to the matters set forth in the Dispute Notice. Each arbitrator on the Panel shall be experienced in the arbitration of complex commercial disputes.
Commencement of Arbitration. Subject to prior compliance with paragraph 2 above, any Party may at any time initiate an arbitration hereunder by giving a written notice ("Demand for Arbitration") to the other Party at any time consistent with any applicable statutes of limitation.
Commencement of Arbitration. If a resolution is not reached by the parties prior to the end of the Negotiation Period, each party shall have 10 days from the end of such period to give each other party who received a Dispute Notice written notice of the selection of an independent arbitrator. If only one party gives such written notice, the arbitrator selected by that party (the "FINAL ARBITRATOR") shall make a final and binding determination as to the parties' respective rights and obligations with respect to the matters set forth in the Dispute Notice. If more than one party selects an arbitrator, the persons so selected shall, within 10 days of the last timely notice of such selection, select a different independent arbitrator (also referred to herein as the "FINAL ARBITRATOR") who shall make a final and binding determination of the parties' respective rights and obligations with respect to the matters set forth in the Dispute Notice. Following the selection of the Final Arbitrator, the other arbitrators selected shall have no further responsibilities hereunder. Each arbitrator selected hereunder shall be experienced in the arbitration of complex commercial disputes.
Commencement of Arbitration. Any party may commence arbitration by serving upon all other parties a written demand for arbitration sent by certified mail, return receipt requested, in accordance with Agreement, with a copy of the same delivered by certified mail, return receipt requested, to the AAA regional office in which Palo Alto California is then located. The AAA shall administer the arbitration. The arbitration panel shall consist of three members, one being appointed by each party and the third, who shall be the chairman of the panel, being appointed by mutual agreement of the two party-appointed arbitrators. In the event of failure of said two arbitrators to agree within sixty (60) days after the commencement of the arbitration proceeding upon the appointment of the third arbitrator, the third arbitrator shall be appointed by the AAA in accordance with the Rules. In the event that either party shall fail to appoint an arbitrator within thirty (30) days after the commencement of the arbitration proceeding, such arbitrator and the third arbitrator shall be appointed by the AAA in accordance with the Rules. The arbitration award shall be rendered by a majority of the members of the Board of Arbitration. Except as expressly provided in this Agreement in Section 17.9, the panel shall not be entitled to modify this Agreement or the transactions contemplated herein.
Commencement of Arbitration. Any Party to the Agreement (the “Applicant”) may commence arbitration for a Dispute by delivering a written notice (a “Complaint”) to the Party against whom the Applicant seeks a remedy (the “Respondent”). In the Complaint, the Applicant shall describe the substance of the Dispute and name three (3) persons whom the Applicant is prepared to appoint as arbitrator, each of such persons to be an Approved Arbitrator. Within 10 days of the receipt of the Complaint, the Respondent shall by written Notice to the Applicant appoint one of the three (3) persons named by the Applicant or provide the Applicant with a list of three (3) persons who are Approved Arbitrators. Within 10 days of receipt of the Respondent’s list, by written Notice to the Respondent, the Applicant shall appoint one (1) of such persons, or provide a further list of (3) three Approved Arbitrators. The Parties shall continue to exchange lists of three (3) Approved Arbitrators in this fashion until an Approved Arbitrator is appointed. If an Arbitrator is not appointed within 30 days of the initial receipt by the Respondent of the Complaint, either Party may apply to a judge of the Ontario Superior Court of Justice to appoint the Arbitrator on behalf of the Parties.
Commencement of Arbitration. If the Dispute is not completely resolved by agreement between the Parties within 10 Business Days of the receipt of the Expert’s decision or analysis pursuant to Section 10.3 (or such longer period as the Parties may agree) or within 10 Business Days of the date on which the Expert’s decision or analysis ought to have been received under Section 10.3, or if neither Party elects to issue an Expert Notice pursuant to Section 10.3, then a Party may commence proceedings to have the Dispute finally settled by arbitration under Section 10.5. In any such proceedings the scope of issues will not be limited strictly to the terms of the Dispute Notice but may extend to include directly related matters for the purpose of completely resolving the Dispute.
Commencement of Arbitration. 1.1. By Notice of Arbitration dated 19 June 2018, the Claimants commenced arbitration proceedings against the Respondent pursuant to Articles 1116(1), 1117(1) and 1120(1)(c) of the North American Free Trade Agreement (“NAFTA”) and the Arbitration Rules of the United Nations Commission on International Trade Law adopted by the UN General Assembly on 15 December 1976 (the “UNCITRAL Rules”).
Commencement of Arbitration. If the Parties and, at the Buyer’s option, all Other Suppliers required by the Buyer to participate, have been unable to reach agreement as contemplated in Section 1.7 of this Agreement, as applicable, then the Buyer shall commence arbitration by delivering a written notice (the “Request”) to the Supplier and such Other Suppliers required by the Buyer to participate (collectively the “Suppliers”). If the Buyer has not already done so, the Buyer shall then deliver to the Suppliers the names of such Other Suppliers. Within twenty (20) days of the delivery of the Request, the Buyer shall deliver to the Suppliers a written notice nominating an arbitrator who shall be familiar with commercial law matters and has no financial or personal interest in the business affairs of any of the parties. Within twenty (20) days of the receipt of the Buyer’s notice nominating its arbitrator, the Suppliers shall by written notice to the Buyer nominate an arbitrator who shall be familiar with commercial law matters and has no financial or personal interest in the business affairs of any of the parties. The two (2) arbitrators nominated shall then select a chairperson of the arbitration panel (the “Arbitration Panel”) who shall be a former judge of a Superior Court or appellate court in Canada.
