Adjudication of Disputes Sample Clauses
Adjudication of Disputes. If any disputes and difference arise by and between the parties hereto in any way relating to or connected with the Designated Unit and/or this Agreement and/or anything done in pursuance hereof, the same shall be referred for arbitration to such person as be nominate by the parties. It is agreed by and between the parties hereto that the said Sole Arbitrator as been nominated shall have the power to pass and give both interim order and/or award in one or more lots and to proceed in summary manner with regard to adjudication of the disputes and differences between the parties which shall be final and binding on the parties hereto. The Arbitration shall otherwise be governed by the provisions of the Arbitration and Conciliation Act, 1996 as modified from time to time. The Arbitration shall be held at Kolkata .The language of arbitration should be in English language.
Adjudication of Disputes. Arbitration: Any dispute or difference whatsoever arising between the parties out of or relating to the construction interpretation, application, meaning, scope, operation or effect of this contract or the validity or the breach thereof, shall be settled by conciliatory arbitration in accordance with the Rules of Arbitration of the “Scope Forum of Conciliation and Arbitration” and the award made in pursuance thereof shall be binding on the parties.
Adjudication of Disputes. 12.1 Should any dispute arise between the PARTIES in regard to:-
12.1.1 the interpretation of;
12.1.2 the effect of;
12.1.3 the PARTIES’ respective rights or obligations under;
12.1.4 a breach of;
12.1.5 the termination of;
12.1.6 any matter arising out of the termination of; the MAIN AGREEMENT and/or the AGREEMENT, that dispute shall be decided by arbitration in the manner set out in this clause 12.
12.2 The arbitrator shall be appointed by the PARTIES, and failing agreement, shall be nominated by the Arbitration Foundation of Southern Africa (“AFSA”) out of the nominees of the parties hereto. Should AFSA not be in existence at the time, the nomination shall be made by the Chairman for the time being of the Johannesburg Bar Council.
12.3 The arbitration shall be held at Sandton, Gauteng, and ‘in camera’ on the basis that such proceedings will be strictly private and confidential.
12.4 The arbitration shall be held in accordance with the Rules of AFSA, or if AFSA shall not be in existence, in accordance with the formalities and procedures settled by the arbitrator, which shall be in an informal and summary manner, that is, it shall not be necessary to observe or carry out either the usual formalities or procedures or the strict rules of evidence, and otherwise subject as aforesaid to the Arbitration Acx, 0000, of the Republic of South Africa and any statutory modification or re-enactment thereof.
12.5 The arbitrator shall be entitled to:-
12.5.1 investigate or cause to be investigated any matter, fact or thing which he considers necessary or desirable in connection with any matter referred to him for decision;
12.5.2 decide the matters submitted to him according to what he considers just and equitable in all the circumstances, having regard to the purpose of the MAIN AGREEMENT and/or the AGREEMENT; and
12.5.3 make such award, including an award for specific performance, an interdict, damages or a penalty or the costs of arbitration or otherwise, as he in his discretion may deem fit and appropriate.
12.6 The arbitration shall be held as expeditiously as possible after it is demanded with a view to it being completed within 30 (thirty) days after it has been so demanded.
12.7 This clause is severable from the remainder of the AGREEMENT and shall therefore remain in effect even if the AGREEMENT is terminated.
12.8 The law governing the AGREEMENT shall be South African law and the Court having jurisdiction to enforce any award made under this clause shall be t...
Adjudication of Disputes. Any dispute shall be brought forward to any Court of competent jurisdiction within the REMC’s assigned Indiana service territory.
Adjudication of Disputes. Any disputes between any CMS Concert Party Member and the Company relating to either the management of the Company, the operation of the Board of Directors or any transaction, agreement or arrangement referred to in clause 3.1(b) shall be passed to, and dealt with on behalf of the Company by, a committee comprising only of the Independent Directors following consultation with the Nomad. Notwithstanding this clause 3.5, such action shall not preclude any party from bringing a claim in accordance with clause 11.2.
Adjudication of Disputes. Any disputes between Mount Sinai and the Company relating to either the management of the Company, the operation of the Board of Directors or any transaction, agreement or arrangement referred to in clause 3.1(b) shall be passed to, and dealt with on behalf of the Company by, a committee comprising only of the Independent Directors following consultation with the Nomad.
Adjudication of Disputes. Subject to the terms of Sections 27.1, 27.2, 27.5 and 27.6, each Party shall have the right to commence legal proceedings for the resolution of all Disputes, controversies or Claims between the Parties hereto arising out of or relating to this Agreement (including Disputes as to the validity, interpretation, performance, breach, or with respect to damages upon termination of this Agreement) which are not settled pursuant to the issue resolution procedures provided in this Section 27.
Adjudication of Disputes. Unless the Trust consents in writing to an alternative forum, the sole and exclusive forum for (i) any action or proceeding brought by or on behalf of the Trust or any Series or Shareholders against the Trust or any Series, the Trust’s investment adviser, or the Trustees, officers or employees of the Trust, (ii) any action arising under or to interpret, apply, enforce or determine the validity of this Declaration of Trust or the By-Laws or any investment advisory agreement, or (iii) any action asserting a claim governed by the internal affairs doctrine shall be brought in the federal courts sitting within the Southern District of New York. Any person purchasing or otherwise acquiring or holding any interest in shares of the Trust shall be (i) deemed to have notice of and consented to the provisions of this Section 7, and (ii) deemed to have waived any argument relating to the inconvenience of the forums referenced above in connection with any action or proceeding described in this Section 7.
Adjudication of Disputes. A. In the event of a dispute, controversy, or claim arising out of or in connection with or relating to this Agreement, the dispute, controversy, or claim shall, prior to the institution of any legal action for adjudication, at the request of either Plainfield or Alpine, be referred to mediation for purposes of review and recommendation with respect to the dispute, controversy, or claim. The mediation shall be conducted by a single person selected by Alpine and Plainfield. If Alpine and Plainfield fail to agree on a single mediator, the mediation shall be conducted by a mediation panel. The mediation panel shall consist of three individuals, one selected by Plainfield as Plainfield mediator, a second selected by Alpine as Alpine mediator, and a third selected by mutual agreement of the Plainfield mediator and the Alpine mediator. In the event that the Plainfield and the Alpine mediators are unable to agree on a third mediator, the mediation requirement will be deemed to have been satisfied.
B. The request for referral of any dispute, controversy, or claim to mediation shall be made in writing in accordance with notice provisions of Paragraph 11. Within 10 days after the date of mailing the request, Plainfield and Alpine shall agree on a single mediator, or shall each furnish the other with written notice of the name and address of its designated mediator. Within 10 days thereafter, the Plainfield and the Alpine mediators shall select the third member of the panel. The mediation panel shall meet and commence its proceedings in connection with the dispute, controversy, or claim. The mediation shall be governed and conducted in accordance with the procedures of the American Arbitration Association. Plainfield and Alpine shall cooperate in all respects with the mediation panel and shall expeditiously provide the panel with all reasonable and necessary records and other information requested by the panel. Within 30 days from the commencement of its proceedings, the mediation panel shall provide Plainfield and Alpine with a written copy of its proposed recommendations concerning the dispute, controversy, or claim. Plainfield and Alpine shall have 10 days thereafter within which to provide any additional information to the mediation panel or written notice of any exceptions either one takes to the proposed recommendations. The mediation panel shall then have 10 days within which to consider any additional information or written exceptions and issue its final repo...
Adjudication of Disputes. Should there be disputes and differences by and between the parties hereto in any way relating to or connected with said designated unit / said complete unit and / or this agreement and / or anything done in pursuance hereof, the same shall at first be tried to be resolved by the parties by mutual discussions and consultation. If such effort to mutually resolve the disputes fails then the disputes shall be referred for arbitration to Xx. Xxxx Xxxxx Bandyopadhyay, M.A., LL.B., Advocate having chamber at ‘Olisa’ Building (previously ‘Delta’ House), 2nd Floor, Room No. 204, Premises Xx. 0, Xxxxxxxxxx Xxxxx (Xxxxx), Xxxxxxx - 000000. It is agreed by and between the parties hereto that the said Sole Arbitrator or the person as to be nominated by him shall have the power to pass and give, in case of any urgency of any of the parties, an interim order otherwise, final order and / or award. Thus adjudication of the disputes and differences between the parties shall be proceeded with as per the law. Alternatively, the Arbitration shall otherwise be governed by the provisions of the Arbitration and Conciliation Act, 1996 as shall be subsequently modified from time to time.