Common use of Arbitration & Conciliation Clause in Contracts

Arbitration & Conciliation. 1. Except as provided elsewhere in this contract, in case amicable settlement is not reached between the parties, in respect of any dispute or difference; arising out of the formation, breach, termination, validity or execution of the contract; or, the respective rights and liabilities of the parties; or, in relation to interpretation of any provision of the contract; or, in any manner touching upon the contract, then, either party may, by a notice in writing to the other party refer such dispute or difference to the sole arbitration of an arbitrator appointed by head of the BHEL unit issuing the contract. The Arbitrator shall pass a reasoned award and the award of the Arbitrator shall be final and binding upon the parties. Subject as aforesaid, the provisions of Arbitration and Conciliation Xxx 0000 (India) or statutory modifications or re-enactments thereof and the rules made thereunder and for the time being in force shall apply to the arbitration proceedings under this clause, the seat of arbitration shall be at Hyderabad. The cost of arbitration shall be borne as per the award of the Arbitrator. Subject to the arbitration in terms of clause 00, xxx xxxxxx xx Xxxxxxxxxx, Xxxxxxxxx Xxxxx shall have exclusive jurisdiction over any matter arising out of or in connection with this contract. Notwithstanding the existence or any dispute or differences and / or reference for the arbitration, the contractor shall proceed with and continue without hindrance the performance of its obligations under this contract with due diligence and expedition in a professional manner except where the contract has been terminated by either party in terms of this contract. In case of contract with Public Sector Enterprise (PSE) or a Government Department, the following shall be applicable: In the event of any dispute or difference relating to the interpretation and application of the provisions of the contract, such dispute or difference shall be referred by either party for arbitration to the sole arbitrator in the Department of Public Enterprises to be nominated by the secretary to the Government of India in–charge of the Department of Public Enterprises. The Arbitration and Conciliation Act, 1996 shall not be applicable to arbitration under this clause. The award of the arbitrator shall be binding upon the parties to the dispute, provided, however, any party aggrieved by such award may make further reference for setting aside or revision of the award to the Law Secretary, Department of Legal Affairs, Ministry of Law and justice, Government of India. Upon such reference the dispute shall be decided by the Law secretary or the special Secretary or Additional secretary when so authorized by the Law secretary, whose decision shall bind the parties hereto finally and conclusively. The parties to the dispute will share equally the cost of arbitration as intimated by the arbitrator.

Arbitration & Conciliation. 1. Except as provided elsewhere in this contractContract, in case amicable settlement is not reached between the partiesParties, in respect of any dispute or difference; arising out of the formation, breach, termination, validity or execution of the contractContract; or, the respective rights and liabilities of the partiesParties; or, in relation to interpretation of any provision of the contractContract; or, in any manner touching upon the contractContract, then, either party Party may, by a notice in writing to the other party Party refer such dispute or difference to the sole arbitration of an arbitrator appointed by head Head of the BHEL unit Unit/Region/Division issuing the contractContract. The Arbitrator shall pass a reasoned award and the award of the Arbitrator shall be final and binding upon the partiesParties. Subject as aforesaid, the provisions of Arbitration and Conciliation Xxx 0000 Act 1995 (India) or statutory modifications or re-enactments thereof and the rules made thereunder and for the time being in force shall apply to the arbitration proceedings under this clause, the . The seat of arbitration shall be at HyderabadVisakhapatnam. The cost of arbitration shall be borne as per the award of the Arbitrator. Subject to the arbitration in terms of clause 00Clause- above, xxx xxxxxx xx Xxxxxxxxxx, Xxxxxxxxx Xxxxx the Courts at Visakhapatnam shall have exclusive jurisdiction over any matter arising out of or in connection with this contractContract. Notwithstanding the existence or any dispute or differences and / or and/or reference for the arbitration, the contractor Contractor shall proceed with and continue without hindrance the performance of its obligations under this contract Contract with due diligence and expedition in a professional manner except where the contract Contract has been terminated by either party Party in terms of this contract. In case of contract with Public Sector Enterprise (PSE) or a Government Department, the following shall be applicable: In the event of any dispute or difference relating to the interpretation and application of the provisions of the contract, such dispute or difference shall be referred by either party for arbitration to the sole arbitrator in the Department of Public Enterprises to be nominated by the secretary to the Government of India in–charge of the Department of Public Enterprises. The Arbitration and Conciliation Act, 1996 shall not be applicable to arbitration under this clause. The award of the arbitrator shall be binding upon the parties to the dispute, provided, however, any party aggrieved by such award may make further reference for setting aside or revision of the award to the Law Secretary, Department of Legal Affairs, Ministry of Law and justice, Government of India. Upon such reference the dispute shall be decided by the Law secretary or the special Secretary or Additional secretary when so authorized by the Law secretary, whose decision shall bind the parties hereto finally and conclusively. The parties to the dispute will share equally the cost of arbitration as intimated by the arbitratorContract."

Arbitration & Conciliation. 1. Except as provided elsewhere in this contract, in case amicable settlement is not reached between the parties, in respect of any dispute or difference; arising out of the formation, breach, termination, validity or execution of the contract; or, the respective rights and liabilities of the parties; or, in relation to interpretation of any provision of the contract; or, in any manner touching upon the contract, then, either party may, by a notice in writing to the other party refer such dispute or difference to the sole arbitration of an arbitrator appointed by head of the BHEL unit issuing the contract. The Arbitrator shall pass a reasoned award and the award of the Arbitrator shall be final and binding upon the parties. Subject as aforesaid, the provisions of Arbitration and Conciliation Xxx 0000 Act 1996 (India) or statutory modifications or re-enactments thereof and the rules made thereunder and for the time being in force shall apply to the arbitration proceedings under this clause, the seat of arbitration shall be at Hyderabad. The cost of arbitration shall be borne as per the award of the Arbitrator. Subject to the arbitration in terms of clause 0055, xxx xxxxxx xx Xxxxxxxxxxthe courts at Sangareddy, Xxxxxxxxx Xxxxx Telangana State shall have exclusive jurisdiction over any matter arising out of or in connection with this contract. Notwithstanding the existence or any dispute or differences and / or reference for the arbitration, the contractor shall proceed with and continue without hindrance the performance of its obligations under this contract with due diligence and expedition in a professional manner except where the contract has been terminated by either party in terms of this contract. In case of contract with Public Sector Enterprise (PSE) or a Government Department, the following shall be applicable: In the event of any dispute or difference relating to the interpretation and application of the provisions of the contract, such dispute or difference shall be referred by either party for arbitration to the sole arbitrator in the Department of Public Enterprises to be nominated by the secretary to the Government of India in–charge of the Department of Public Enterprises. The Arbitration and Conciliation Act, 1996 shall not be applicable to arbitration under this clause. The award of the arbitrator shall be binding upon the parties to the dispute, provided, however, any party aggrieved by such award may make further reference for setting aside or revision of the award to the Law Secretary, Department of Legal Affairs, Ministry of Law and justice, Government of India. Upon such reference the dispute shall be decided by the Law secretary or the special Secretary or Additional secretary when so authorized by the Law secretary, whose decision shall bind the parties hereto finally and conclusively. The parties to the dispute will share equally the cost of arbitration as intimated by the arbitrator.

Arbitration & Conciliation. 1. Except as provided elsewhere in this contractContract, in case amicable settlement is not reached between the partiesParties, in respect of any dispute or difference; arising out of the formation, breach, termination, validity or execution of the contractContract; or, the respective rights and liabilities of the partiesParties; or, in relation to interpretation of any provision of the contractContract; or, in any manner touching upon the contractContract, then, either party Party may, by a notice in writing to the other party Party refer such dispute or difference to the sole arbitration of an arbitrator appointed by head Head of the BHEL unit Unit issuing the contractContract. The Arbitrator shall pass a reasoned award and the award of the Arbitrator shall be final and binding upon the partiesParties. Subject as aforesaid, the provisions of Arbitration and Conciliation Xxx 0000 Act 1996 (India) or statutory modifications or re-enactments thereof and the rules made thereunder and for the time being in force shall apply to the arbitration proceedings under this clause, the seat of arbitration shall be at Hyderabad. The cost of arbitration shall be borne as per the award of the Arbitrator. Subject to the arbitration in terms of clause 00Clause above, xxx xxxxxx xx Xxxxxxxxxxthe Courts at Sangareddy, Xxxxxxxxx Xxxxx Telangana State shall have exclusive jurisdiction over any matter arising out of or in connection with this contractContract. Notwithstanding the existence or any dispute or differences and / or and/or reference for the arbitration, the contractor Contractor shall proceed with and continue without hindrance the performance of its obligations under this contract Contract with due diligence and expedition in a professional manner except where the contract Contract has been terminated by either party Party in terms of this contractContract. In case of contract Contract with Public Sector Enterprise (PSE) or a Government Department, the following shall be applicable: In the event of any dispute or difference relating to the interpretation and application of the provisions of the contractContract, such dispute or difference shall be referred by either party Party for arbitration to the sole arbitrator in the Department of Public Enterprises to be nominated by the secretary Secretary to the Government of India in–-charge of the Department of Public Enterprises. The Arbitration and Conciliation Act, 1996 shall not be applicable to arbitration under this clause. The award of the arbitrator shall be binding upon the parties Parties to the dispute, provided, however, any party Party aggrieved by such award may make further reference for setting aside or revision of the award to the Law Secretary, Department of Legal Affairs, Ministry of Law and justiceJustice, Government of India. Upon such reference the dispute shall be decided by the Law secretary Secretary or the special Special Secretary or Additional secretary Secretary when so authorized by the Law secretarySecretary, whose decision shall bind the parties Parties hereto finally and conclusively. The parties Parties to the dispute will share equally the cost of arbitration as intimated by the arbitratorArbitrator."

Arbitration & Conciliation. 1. Except as provided elsewhere in this contract, in case amicable settlement is not reached between the parties, in respect of any dispute or difference; arising out of the formation, breach, termination, validity or execution of the contract; or, the respective rights and liabilities of the parties; or, in relation to interpretation of any provision of the contract; or, in any manner touching upon the contract, then, either party may, by a notice in writing to the other party refer such dispute or difference to the sole arbitration of an arbitrator appointed by head of the BHEL unit issuing the contract. The Arbitrator shall pass a reasoned award and the award of the Arbitrator shall be final and binding upon the parties. Subject as aforesaid, the provisions of Arbitration and Conciliation Xxx 0000 (India) or statutory modifications or re-enactments thereof and the rules made thereunder and for the time being in force shall apply to the arbitration proceedings under this clause, the seat of arbitration shall be at Hyderabad. The cost of arbitration shall be borne as per the award of the Arbitrator. Subject to the arbitration in terms of clause 00, xxx xxxxxx xx Xxxxxxxxxx, Xxxxxxxxx Xxxxx shall have exclusive jurisdiction over any matter arising out of or in connection with this contract. Notwithstanding the existence or any dispute or differences and / or reference for the arbitration, the contractor shall proceed with and continue without hindrance the performance of its obligations under this contract with due diligence and expedition in a professional manner except where the contract has been terminated by either party in terms of this contract. In case of contract with Public Sector Enterprise (PSE) or a Government Department, the following shall be applicable: In the event of any dispute or difference relating to the interpretation and application of the provisions of the contract, such dispute or difference shall be referred by either party for arbitration to the sole arbitrator in the Department of Public Enterprises to be nominated by the secretary to the Government of India in–charge of the Department of Public Enterprises. The Arbitration and Conciliation Act, 1996 shall not be applicable to arbitration under this clause. The award of the arbitrator shall be binding upon the parties to the dispute, provided, however, any party aggrieved by such award may make further reference for setting aside or revision of the award to the Law Secretary, Department of Legal Affairs, Ministry of Law and justice, Government of India. Upon such reference the dispute shall be decided by the Law secretary or the special Secretary or Additional secretary when so authorized by the Law secretary, whose decision shall bind the parties hereto finally and conclusively. The parties to the dispute will share equally the cost of arbitration as intimated by the arbitrator. INTEREST CLAUSE: In order to bring uniformity in all the contracts / agreements entered between BHEL and its contractors / vendors / suppliers / service providers etc., it is hereby advised to incorporate the following clause in all tenders and agreements. “No interest shall be payable by BHEL on xxxxxxx money or security deposit or any money due to the contractor by BHEL.”