Application for Arbitration Clause Samples

Application for Arbitration. In the event where (i) the Parties failed to reach an agreement during the first meeting held by the Grievance Committee, and (ii) the relevant grievance was not left pending pursuant to subsection 19.6, either Party may refer said grievance to arbitration by including a statement to that effect in the minutes of proceedings or by providing the other Party with a formal notice within the thirty (30) days that will follow the meeting. The relevant grievance must, by means of a written notice addressed to the Employer or the Union, be referred to arbitration no later than twelve (12) months after it was filed – failing which it will be deemed to have been so referred. The Parties may agree that any disciplinary measures other than a dismissal will be referred to arbitration at a later date. Any grievance pertaining to the imposition of disciplinary measures may be referred to arbitration directly (i.e., without having to be discussed at any meeting of the Grievance Committee).

Application for Arbitration. Either party is entitled to apply for Arbitration to resolve any dispute/s on the happening of any of the following events: (a) If the dispute/s have already been subject to adjudication in accordance with clause 20.4 and a notice having been served pursuant to clause 20.4 and 20.5 above, or (b) The parties have agreed to waive adjudication, or (c) Either party has terminated the contract in terms of clause 15 or clause 16 as the case may be, or (d) A declaration has been made by any of the Indian courts that the findings of the DAB on the dispute were procured by fraud or dishonesty, or (e) In the case of a dispute arising from the exercise of any of the rights by the Engineer under clause 12 of GCC. Within 56 days of receipt of such re-occurrence either party may apply for arbitration to the other party under notice.