Commencement of Arbitration. If the Dispute has not been resolved by negotiation within fifteen (15) days of the disputing party’s notice, or if the parties have failed to confer within fifteen (15) days after delivery of the notice, either party may then initiate arbitration by providing written notice of arbitration to the other party. In order to be valid, the notice shall contain a precise and complete statement of the Dispute. Within fifteen (15) days of receipt of the notice initiating arbitration, the receiving party shall respond by providing a written response which shall include its precise and complete response to the Dispute, and which includes any counter Dispute that the responding party may have.
Commencement of Arbitration. If no mutually acceptable settlement of the Dispute is made within sixty (60) days from the commencement of the settlement negotiation or if any Party refuses to engage in any settlement negotiation, any Party may submit the Dispute for arbitration.
Commencement of Arbitration. If a resolution is not reached by the parties prior to the end of the Negotiation Period, either party may provide a written request to the American Arbitration Association within ten (10) days from the end of such period requesting the selection of three (3) arbitrators (the "Panel") to arbitrate the parties' respective rights and obligations with respect to the matters set forth in the Dispute Notice. Each arbitrator on the Panel shall be experienced in the arbitration of complex commercial disputes.
Commencement of Arbitration. 3.1 The party commencing arbitration (the “Claimant”) shall address to the other party (the “Respondent”) a notice of arbitration.
3.2 The arbitration shall be deemed commenced on the date on which the notice of arbitration is received by the Respondent.
3.3 The notice of arbitration shall include in the text or in attachments thereto:
(a) The full names, descriptions and addresses of the parties;
(b) A demand that the dispute be referred to arbitration pursuant to the Rules;
(c) The verbatim text of the arbitration clause or the separate arbitration agreement that is involved;
(d) A statement of the general nature of the claimant’s claim;
(e) The relief or remedy sought; and
(f) The name and address of the arbitrator appointed by the Claimant, unless the parties have agreed that neither shall appoint an arbitrator.
3.4 Within twenty days after receipt of the notice of arbitration, the Respondent shall deliver to the Claimant a notice of defense. Failure to deliver a notice of defense shall not delay the arbitration; in the event of such failure, all claims set forth in the demand shall be deemed denied.
3.5 The notice of defense shall include:
(a) Any comment on items (a), (b), and (c) of the notice of arbitration that the Respondent may deem appropriate;
(b) A statement of the general nature of the Respondent’s defense; and
(c) The name and address of the arbitrator appointed by the Respondent, unless the parties have agreed that neither shall appoint an arbitrator.
3.6 The Respondent may include in it’s notice of defense any counterclaim within the scope of the arbitration clause. If it does so, the counterclaim in the notice of defense shall include items (a), (b), (c), (d) and (e) of Rule 3.3.
3.7 If a counterclaim is asserted, within twenty days after receipt of the notice of defense, the Claimant shall deliver to the Respondent a reply to counterclaim which shall have the same elements as provided in Rule 3.5 for the notice of defense.
3.8 Claims or counterclaims may be freely added or amended prior to the establishment of the Tribunal and thereafter with the consent of the Tribunal. Notices of defense or replies to amended claims or counterclaims shall be delivered within twenty days after the addition or amendment.
3.9 If a dispute is submitted to arbitration pursuant to a submission agreement, Rule 3 shall apply to the extent that it is not inconsistent with the submission agreement.
Commencement of Arbitration. Any party may commence arbitration by serving upon all other parties a written demand for arbitration sent by certified mail, return receipt requested, in accordance with Agreement, with a copy of the same delivered by certified mail, return receipt requested, to the AAA regional office in which Palo Alto California is then located. The AAA shall administer the arbitration. The arbitration panel shall consist of three members, one being appointed by each party and the third, who shall be the chairman of the panel, being appointed by mutual agreement of the two party-appointed arbitrators. In the event of failure of said two arbitrators to agree within sixty (60) days after the commencement of the arbitration proceeding upon the appointment of the third arbitrator, the third arbitrator shall be appointed by the AAA in accordance with the Rules. In the event that either party shall fail to appoint an arbitrator within thirty (30) days after the commencement of the arbitration proceeding, such arbitrator and the third arbitrator shall be appointed by the AAA in accordance with the Rules. The arbitration award shall be rendered by a majority of the members of the Board of Arbitration. Except as expressly provided in this Agreement in Section 17.9, the panel shall not be entitled to modify this Agreement or the transactions contemplated herein.
Commencement of Arbitration. If a resolution is not reached by the parties prior to the end of the Negotiation Period, each party shall have 10 days from the end of such period to give each other party who received a Dispute Notice written notice of the selection of an independent arbitrator. If only one party gives such written notice, the arbitrator selected by that party (the "FINAL ARBITRATOR") shall make a final and binding determination as to the parties' respective rights and obligations with respect to the matters set forth in the Dispute Notice. If more than one party selects an arbitrator, the persons so selected shall, within 10 days of the last timely notice of such selection, select a different independent arbitrator (also referred to herein as the "FINAL ARBITRATOR") who shall make a final and binding determination of the parties' respective rights and obligations with respect to the matters set forth in the Dispute Notice. Following the selection of the Final Arbitrator, the other arbitrators selected shall have no further responsibilities hereunder. Each arbitrator selected hereunder shall be experienced in the arbitration of complex commercial disputes.
Commencement of Arbitration. Subject to prior compliance with paragraph 2 above, any Party may at any time initiate an arbitration hereunder by giving a written notice ("Demand for Arbitration") to the other Party at any time consistent with any applicable statutes of limitation.
Commencement of Arbitration. Any Party to the Agreement (the “Applicant”) may commence arbitration for a Dispute by delivering a written notice (a “Complaint”) to the Party against whom the Applicant seeks a remedy (the “Respondent”). In the Complaint, the Applicant shall describe the substance of the Dispute and name three (3) persons whom the Applicant is prepared to appoint as arbitrator, each of such persons to be an Approved Arbitrator. Within 10 days of the receipt of the Complaint, the Respondent shall by written Notice to the Applicant appoint one of the three (3) persons named by the Applicant or provide the Applicant with a list of three (3) persons who are Approved Arbitrators. Within 10 days of receipt of the Respondent’s list, by written Notice to the Respondent, the Applicant shall appoint one (1) of such persons, or provide a further list of (3) three Approved Arbitrators. The Parties shall continue to exchange lists of three (3) Approved Arbitrators in this fashion until an Approved Arbitrator is appointed. If an Arbitrator is not appointed within 30 days of the initial receipt by the Respondent of the Complaint, either Party may apply to a judge of the Ontario Superior Court of Justice to appoint the Arbitrator on behalf of the Parties.
Commencement of Arbitration. 1.1. By Notice of Arbitration dated 26 September 2016, the Claimants commenced arbitration proceedings against the Respondent pursuant to Articles 1116(1), 1117(1) and 1120(1)(c) of the North American Free Trade Agreement (“NAFTA”) and the Arbitration Rules of the United Nations Commission on International Trade Law adopted by the UN General Assembly on 15 December 1976 (the “UNCITRAL Rules”).
1.2. In accordance with the UNCITRAL Rules, these arbitration proceedings are deemed to have commenced on 26 September 2016, the date on which the Respondent received the Notice of Arbitration.
Commencement of Arbitration. An arbitration proceeding is commenced by one Party serving a notice (an “Arbitration Notice”) on another Party (with a copy to the AAA in accordance with the AAA Rules) in accordance with the notice provisions set forth in Section 9.1. The Arbitration Notice shall contain a reasonably detailed description of the Dispute and the remedy sought.
