Common use of Arbitration and Jurisdiction Clause in Contracts

Arbitration and Jurisdiction. If the Commissioner fails to give notice of the decision as aforesaid within a period of 90 days after being requested as aforesaid or if the Contractor is dissatisfied with any such decision, then the Contractor may within 90 days after receiving notice of such decision or within 90 days after the expiration of the first named period of 90 days (as the case may be) require that the matter or matters in dispute be referred to arbitration as hereinafter provide. i) In case of a contract where the contract price and / or contract value is less than Rs. 5,00,00,000/- (Rupees Five Crore Only), any dispute arising out of or in connection with this contract , including any question regarding its existence, validity or termination, shall be referred to a mutually agreed arbitral tribunal in accordance with the Arbitration and Conciliation Act, 1996 (amended upto date). The arbitral tribunal shall consist of a sole arbitrator, as mutually agreed upon by the parties and the said dispute shall be finally resolved by the said arbitral tribunal. The decision of the arbitral tribunal shall be in writing (with reasons) and which will be final and binding upon the parties hereto and the expenses of the arbitration shall be paid as may be determined by the arbitrail tribunal. The seat of the arbitration shall be Mumbai. The venue of arbitration shall be within the limits of Brihan Mumbai. The language of the Arbitration shall be English. If the parties fails to appoint mutually agreed arbitral tribunal, within the period of 30 days from the date of application seeking arbitration in the dispute, the arbitral tribunal shall be appointed by the recognised arbitral institution i.e. Mumbai Centre for International Arbitration (approved by Government of Maharashtra under G.R. no. ARB / Case No.1/2017/D-19 dtd.28.02.2017) as per the Arbitration Rules of the Mumbai Centre for International Arbitration then in force (“MCIA Rules”.) ii) In case of contract where the contact price and/ or contract value is Rs. 5, 00,00,000/- (Rupees Five Crore Only) or more, any dispute arising out of or in connection with such a contract, including any question regarding its existence, validity or termination, shall be directly referred to and finally resolved by the recognized arbitral institution i.e. Mumbai Centre for International Arbitration (approved. by Government of Maharashtra under G./R. no. ARB/ Case No.1/ 2017/ D-19 dtd. 28.02.2017) as per the Arbitration Rules of the Mumbai centre for International Arbitration then in force (“MCIA Rules”.). The arbitral tribunal shall consist of a sole arbitrator. The seat of the arbitration shall be Mumbai. The language of the Arbitration shall be English. In either case, the law governing this arbitration agreement and the contract shall be Indian Law.

Arbitration and Jurisdiction. Arbitration and Jurisdiction:- If the Commissioner fails to give notice of the decision as aforesaid within a period of 90 days after being requested as aforesaid or if the Contractor is dissatisfied with any such decision, then the Contractor may within 90 days after receiving notice of such decision or within 90 days after the expiration of the first named period of 90 days (as the case may be) require that the matter or matters in dispute be referred to arbitration as hereinafter provide. i) In case of a contract where the contract price and / or contract value is less than Rs. 5,00,00,000/- (Rupees Five Crore Only), any dispute arising out of or in connection with this contract , including any question regarding its existence, validity or termination, shall be referred to a mutually agreed arbitral tribunal in accordance with the Arbitration and Conciliation Act, 1996 (amended upto date). The arbitral tribunal shall consist of a sole arbitrator, as mutually agreed upon by the parties and the said dispute shall be finally resolved by the said arbitral tribunal. The decision of the arbitral tribunal shall be in writing (with reasons) and which will be final and binding upon the parties hereto and the expenses of the arbitration shall be paid as may be determined by the arbitrail tribunal. The seat of the arbitration shall be Mumbai. The venue of arbitration shall be within the limits of Brihan Mumbai. The language of the Arbitration shall be English. If the parties fails to appoint mutually agreed arbitral tribunal, within the period of 30 days from the date of application seeking arbitration in the dispute, the arbitral tribunal shall be appointed by the recognised arbitral institution i.e. Mumbai Centre for International Arbitration (approved by Government of Maharashtra under G.R. no. ARB / Case No.1/2017/D-19 dtd.28.02.2017) as per the Arbitration Rules of the Mumbai Centre for International Arbitration then in force (“MCIA Rules”.) ii) In case of contract where the contact price and/ or contract value is Rs. 5, 00,00,000/- (Rupees Five Crore Only) or more, any dispute arising out of or in connection with such a contract, including any question regarding its existence, validity or termination, shall be directly referred to and finally resolved by the recognized arbitral institution i.e. Mumbai Centre for International Arbitration (approved. by Government of Maharashtra under G./R. no. ARB/ Case No.1/ 2017/ D-19 dtd. 28.02.2017) as per the Arbitration Rules of the Mumbai centre for International Arbitration then in force (“MCIA Rules”.). The arbitral tribunal shall consist of a sole arbitrator. The seat of the arbitration shall be Mumbai. The language of the Arbitration shall be English. In either case, the law governing this arbitration agreement and the contract shall be Indian Law.

Arbitration and Jurisdiction. If the Commissioner fails shall fail to give notice of the decision as aforesaid within a period of 90 days after being requested as aforesaid aforesaid, or if the Contractor is be dissatisfied with any such decision, then and in any such case the Contractor may within 90 days after receiving notice of such decision or within 90 days after the expiration expirations of the first named period of 90 days (as the case may be) require that the matter or matters in dispute be referred to arbitration as hereinafter provideherein after provided. iAll disputes or differences in respect of which the decision (if any) In case of a contract where the contract price Commissioner has not become final and / or contract value is less than Rs. 5,00,00,000/- (Rupees Five Crore Only), any dispute arising out of or in connection with this contract , including any question regarding its existence, validity or termination, binding as aforesaid shall be referred to finally settled by Arbitration as follows: Arbitration shall be effected by a mutually single arbitrator agreed arbitral tribunal upon the parties. The arbitration shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (amended upto date). The arbitral tribunal shall consist of a sole arbitratoror any statutory modifications thereof, as mutually agreed upon by the parties and the said dispute shall be finally resolved by held at such place and time within the said arbitral tribunallimits of Brihan Mumbai as the arbitrator may determine. The decision of the arbitral tribunal arbitrator shall be in writing (with reasons) and which will be final and binding upon the parties hereto and the expenses expense of the arbitration shall be paid as may be determined by the arbitrail tribunalarbitrator. Performance under the Contract shall, if reasonably be possible, continued during the arbitration proceedings and payment due to the Contractor by the Employer shall not be withheld unless they are the subject matter of arbitration proceedings. The seat said arbitrator shall have full power to open up, review and revise any decision, opinion, direction, certification or valuation of the arbitration Commissioner and neither party shall be Mumbailimited in the proceedings before such arbitrator to the evidence or arguments put before the Commissioner for the purpose of obtaining his said decision. No decision given by the Commissioner in accordance with the foregoing provisions shall disqualify him from being called as a witness and giving evidence before the arbitrator on any matters whatsoever relevant to the disputes or difference referred to the arbitrator as aforesaid. All awards shall be in writing and for claims equivalent to 5,00,000 or more such awards shall state reasons for amounts awarded. The venue expenditure of arbitration shall be within the limits of Brihan Mumbaipaid as may be determined by arbitrator. The language of the Arbitration shall be English. If the parties fails to appoint mutually agreed arbitral tribunal, within the period of 30 days from the date of application seeking arbitration in the dispute, the arbitral tribunal shall be appointed by the recognised arbitral institution i.e. Mumbai Centre for International Arbitration (approved by Government of Maharashtra under G.R. no. ARB / Case No.1/2017/D-19 dtd.28.02.2017) as per the Arbitration Rules of the Mumbai Centre for International Arbitration then in force (“MCIA Rules”.) ii) In case of any claim, dispute or difference arising in respect of a contract, the cause of action thereof shall be deemed to have arisen in Mumbai and all legal proceedings in respect of any claim, dispute or difference shall be instituted in a competent court in the City of Mumbai only. 75 Copyright: The copyright of all drawings and other documents provided by the Contractor under the contract where shall remain vested in the contact price and/ Contractor or contract value is Rs. 5, 00,00,000/- (Rupees Five Crore Only) or more, any dispute arising out of or his sub-contractors as the case may be the employer shall have a license to use such drawings and other documents in connection with such a contractthe design, including any question regarding its existenceconstruction, validity or terminationoperation, shall be directly referred to and finally resolved by the recognized arbitral institution i.e. Mumbai Centre for International Arbitration (approved. by Government of Maharashtra under G./R. no. ARB/ Case No.1/ 2017/ D-19 dtd. 28.02.2017) as per the Arbitration Rules maintenance of the Mumbai centre works. At any time the Employer shall have further license without additional payment to the Contractor to use any such drawings or documents for International Arbitration then in force (“MCIA Rules”.). The arbitral tribunal shall consist the purpose of a sole arbitrator. The seat making any improvement of the arbitration shall be Mumbai. The language works or enlargement or duplication of any part thereof, provided that such improvement, enlargement, or duplication by itself or in conjunction with any other improvements, enlargements or duplications already made in accordance with the further license does not result in the duplication of the Arbitration shall be English. In either case, the law governing this arbitration agreement and the contract shall be Indian Lawwhole works.

Arbitration and Jurisdiction. If the Commissioner fails to give notice of the decision as aforesaid within a period of 90 days after being requested as aforesaid or if the Contractor is dissatisfied with any such decision, then the Contractor may within 90 days after receiving notice of such decision or within 90 days after the expiration of the first named period of 90 days (as the case may be) require that the matter or matters in dispute be referred to arbitration as hereinafter provide. i) In case of a contract where the contract price and / and/ or contract value is less than Rs. 5,00,00,000/- Rs.5,00,00,000/- (Rupees Five Crore Only), any dispute arising out of or in connection with this contract , including any question regarding its existence, validity or termination, shall be referred to a mutually agreed arbitral tribunal in accordance with the Arbitration and Conciliation Act, 1996 (amended upto date). The arbitral tribunal shall consist of a sole arbitrator, as mutually agreed upon by the parties and the said dispute shall be finally resolved by the said arbitral tribunal. The decision of the arbitral tribunal shall be in writing (with reasons) and which will be final and binding upon the parties hereto and the expenses of the arbitration shall be paid as may be determined by the arbitrail tribunal. The seat of the arbitration shall be Mumbai. The venue of arbitration shall be within the limits of Brihan Mumbai. The language of the Arbitration shall be English. If the parties fails to appoint mutually agreed arbitral tribunal, within the period of 30 days from the date of application seeking arbitration in the dispute, the arbitral tribunal shall be appointed by the recognised arbitral institution i.e. Mumbai Centre for International Arbitration (approved by Government of Maharashtra under G.R. no. ARB / ARB/ Case No.1/2017/D-19 dtd.28.02.2017dtd. 28.02.2017) as per the Arbitration Rules of the Mumbai Centre for International Arbitration then in force (“MCIA Rules”.) ii) In case of contract where the contact price and/ or contract value is Rs. 5, 00,00,000/- Rs.5,00,00,000/- (Rupees Five Crore Only) or more, any dispute arising out of or in connection with such a contract, including any question regarding its existence, validity or termination, shall be directly referred to and finally resolved by the recognized arbitral institution i.e. Mumbai Centre for International Arbitration (approved. by Government of Maharashtra under G./R. no. ARB/ Case No.1/ 2017/ D-19 dtd. 28.02.2017) as per the Arbitration Rules of the Mumbai centre for International Arbitration then in force (“MCIA Rules”.). The arbitral tribunal shall consist of a sole arbitrator. The seat of the arbitration shall be Mumbai. The language of the Arbitration shall be English. In either case, the law governing this arbitration agreement and the contract shall be Indian Law.