Common use of Arbitration or Litigation Clause in Contracts

Arbitration or Litigation. (1) The Employer may make the election on whether to proceed with arbitration or litigation in the courts on its own accord by written notice to the Project Manager or shall make the election within thirty (30) days of the receipt of the Project Manager's written notice to make such an election. The Project Manager’s written notice shall:- a. state the specific dispute or difference to be resolved and the nature of such dispute or difference; and b. include a request that the Employer makes an election whether the dispute or difference as stated shall be resolved by reference to arbitration or by court proceedings. (2) Should the Employer fail to make the election within thirty (30) days of the receipt of the written notice by the Project Manager, the dispute or difference shall be resolved by litigation before a Singapore court of competent jurisdiction. (3) In the event that the matter is referred to arbitration, the Employer may elect to refer to arbitration all or any or any part of the dispute or difference as stated by the Project Manager in his written notice. Reference to arbitration in Singapore shall be in the English language in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force which rules are deemed to be incorporated by reference into this clause. (4) The commencement of any arbitration proceedings shall in no way affect the continual performance of the obligation of the Project Manager under this Agreement. (5) The arbitral tribunal shall consist of one (1) arbitrator to be agreed upon between the parties. Either party may propose to the other the name or names of one or more persons, one of whom would serve as the arbitrator. (6) If no agreement is reached within thirty (30) days after receipt by one party of such a proposal from the other, the arbitrator shall be appointed by the Chairman of the SIAC. Any reference to arbitration under this clause shall be a submission to arbitration within the meaning of the Arbitration Act for the time being in force in Singapore.

Arbitration or Litigation. (1) The Employer may make the election on whether to proceed with arbitration or litigation in the courts on its own accord by written notice to the Project Manager Consultant or shall make the election within thirty (30) days of the receipt of the Project ManagerConsultant's written notice to make such an election. The Project ManagerConsultant’s written notice shall:- a. state the specific dispute or difference to be resolved and the nature of such dispute or difference; and b. include a request that the Employer makes an election whether the dispute or difference as stated shall be resolved by reference to arbitration or by court proceedings. (2) Should the Employer fail to make the election within thirty (30) days of the receipt of the written notice by the Project ManagerConsultant, the dispute or difference shall be resolved by litigation before a Singapore court of competent jurisdiction. (3) In the event that the matter is referred to arbitration, the Employer may elect to refer to arbitration all or any or any part of the dispute or difference as stated by the Project Manager Consultant in his written notice. Reference to arbitration in Singapore shall be in the English language in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force which rules are deemed to be incorporated by reference into this clause. (4) The commencement of any arbitration proceedings shall in no way affect the continual performance of the obligation of the Project Manager Consultant under this Agreement. (5) The arbitral tribunal shall consist of one (1) arbitrator to be agreed upon between the parties. Either party may propose to the other the name or names of one or more persons, one of whom would serve as the arbitrator. (6) If no agreement is reached within thirty (30) days after receipt by one party of such a proposal from the other, the arbitrator shall be appointed by the Chairman of the SIAC. Any reference to arbitration under this clause shall be a submission to arbitration within the meaning of the Arbitration Act for the time being in force in Singapore.

Arbitration or Litigation. (1) The Employer may make the election on whether to proceed with arbitration or litigation in the courts on its own accord by written notice to the Project Manager Consultant or shall make the election within thirty (30) days of the receipt of the Project ManagerConsultant's written notice to make such an election. The Project ManagerConsultant’s written notice shall:- a. state the specific dispute or difference to be resolved and the nature of such dispute or difference; and b. include a request that the Employer makes an election whether the dispute or difference as stated shall be resolved by reference to arbitration or by court proceedings. (2) Should the Employer fail to make the election within thirty (30) days of the receipt of the written notice by the Project ManagerConsultant, the dispute or difference shall be resolved by litigation before a Singapore court of competent jurisdiction. (3) In the event that the matter is referred to arbitration, the Employer may elect to refer to arbitration all or any or any part of the dispute or difference as stated by the Project Manager Consultant in his written notice. Reference to arbitration in Singapore shall be in the English language in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force which rules are deemed to be incorporated by reference into this clause. (4) The commencement of any arbitration proceedings shall in no way affect the continual performance of the obligation of the Project Manager Consultant under this Agreement. (5) The arbitral tribunal shall consist of one (1) arbitrator to be agreed upon between the parties. Either party may propose to the other the name or names of one or more persons, one of whom would serve as the arbitrator. (6) If no agreement is reached within thirty (30) days after receipt by one party of such a proposal from the other, the arbitrator shall be appointed by the Chairman of the SIAC. Any reference to arbitration under this clause shall be a submission to arbitration within the meaning of the Arbitration Act for the time being in force in Singapore. (7) The application of Part II of the International Arbitration Act, and the Model Law referred thereto, to this Agreement is hereby excluded.