Common use of ARBITRATION (GCC Clause 25 Clause in Contracts

ARBITRATION (GCC Clause 25. 3) 1. Except where otherwise specified in the contract, for the claims valued less than Rs. 50,000/- , the decision of the Adjudicator for the time being in respect of all questions & disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or material used on the work or as to any other question, claim, right matter or thing whatsoever, in any way arising out of or relating to the contract, designs, drawings specifications, estimates, instructions, order or those conditions or otherwise concerning the work of execution or failure the same whether arising during the progress of the work or after the completion or abandonment thereof shall be final, provided that Adjudicator before giving the decision in the matter gives an opportunity of being heard to the parties to the contract. If any party to the contract is dissatisfied with the final decision of Adjudicator in respect of any matter, he may within 28 days after receiving notice of such decision, give notice in writing to Adjudicator requiring that the matter may be referred to Arbitration and furnishing detailed particulars of the dispute or difference and specifying clearly the points at issue. If any party fails to give such notice within the period of 28 days at stipulated above, the decision of Adjudicator already given shall be conclusive, final and binding on all the parties. In case arbitration is to be held it shall be affected by an Arbitrator to the appointed by the state Govt. whose decision shall be conclusive, final and binding on all the parties. If the work under the contract has not been completed when a dispute is referred to arbitration, work shall continue during the arbitration proceedings if it is reasonably possible and no payment due to contractor should be withheld on account of Arbitration proceedings, unless it is required Arbitrators. 2. Except where otherwise specified in the contract, for claims valued more than Rs. 50,000/- , or more the decision of Adjudicator of the Circle for the time being in respect of all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions hereto before mentioned and as to the quality of workmanship or material used on the work or as to any other question, claim, right matter or thing whatsoever, in any way arising out of or relating to the contract, designs, drawings specifications, estimates, instructions, order or those conditions or otherwise concerning the work of execution or failure to execute the same whether arising during the progress of the work or after the completion or abandonment thereof shall be final, provided that Adjudicator before giving the decision in writing in the matter gives an opportunity of being heard to the parties to the contract. If any party to the contract is dissatisfied with the final decision of Adjudicator in respect of any matter, he may within 28 days after receiving notice of such decision, may refer such dispute to the Arbitration Tribunal constituted under the Madhya Pradesh Xxxxxxxxxx Adhikaran Adhiniyam 1982 (No.2 of 1983).

ARBITRATION (GCC Clause 25. 3) 1. Except where otherwise specified in the contract, for the claims valued less than Rs. 50,000/- , the decision of the Adjudicator for the time being in respect of all questions & disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or material used on the work or as to any other question, claim, right matter or thing whatsoever, in any way arising out of or relating to the contract, designs, drawings specifications, estimates, instructions, order or those conditions or otherwise concerning the work of execution or failure the same whether arising during the progress of the work or after the completion or abandonment thereof shall be final, provided that Adjudicator before giving the decision in the matter gives an opportunity of being heard to the parties to the contract. If any party to the contract is dissatisfied with the final decision of Adjudicator in respect of any matter, he may within 28 days after receiving notice of such decision, give notice in writing to Adjudicator requiring that the matter may be referred to Arbitration and furnishing detailed particulars of the dispute or difference and specifying clearly the points at issue. If any party fails to give such notice within the period of 28 days at stipulated above, the decision of Adjudicator already given shall be conclusive, final and binding on all the parties. In case arbitration is to be held it shall be affected by an Arbitrator to the appointed by the state Govt. whose decision shall be conclusive, final and binding on all the parties. If the work under the contract has not been completed when a dispute is referred to arbitration, work shall continue during the arbitration proceedings if it is reasonably possible and no payment due to contractor should be withheld on account of Arbitration proceedings, unless it is required Arbitrators. 2. Except where otherwise specified in the contract, for claims valued more than at Rs. 50,000/- , or more the decision of Adjudicator of the Circle for the time being in respect of all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions hereto before mentioned and as to the quality of workmanship or material used on the work or as to any other question, claim, right matter or thing whatsoever, in any way arising out of or relating to the contract, designs, drawings specifications, estimates, instructions, order or those conditions or otherwise concerning the work of execution or failure to execute the same whether arising during the progress of the work or after the completion or abandonment thereof shall be final, provided that Adjudicator before giving the decision in writing in the matter gives an opportunity of being heard to the parties to the contract. If any party to the contract is dissatisfied with the final decision of Adjudicator in respect of any matter, he may within 28 days after receiving notice of such decision, may refer such dispute to the Arbitration Tribunal constituted under the Madhya Pradesh Xxxxxxxxxx Adhikaran Adhiniyam 1982 (No.2 of 1983).