Common use of Commencement of Arbitration Clause in Contracts

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. 3.1 The party commencing arbitration (a) Any Party or Parties (collectively, the “Claimant”) shall address may commence arbitration of a Dispute by delivering a written notice (a “Notice of Arbitration”) to the other party Party or Parties against whom the Claimant seeks a remedy (collectively, the “Respondent”) ). Where a notice Dispute arises which involves more than one Respondent, the Claimant may commence arbitration of arbitration. 3.2 The arbitration shall be deemed commenced on the date on which the notice Dispute by delivering a Notice of arbitration Arbitration to each Party that is received by the a 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 In the dispute Notice of Arbitration, the Claimant shall describe the substance of the Dispute name three individuals whom the Claimant is prepared to appoint as arbitrator, each of such individuals to be referred to arbitration pursuant to the Rules;an Approved Arbitrator. (c) The verbatim text Not later than 10 days of the arbitration clause receipt of the Notice of Arbitration, the Respondent shall by Notice to the Claimant agree to the appointment of one of the three individuals named by the Claimant or provide the separate arbitration agreement that is involved;Claimant with a list of three other individuals who are Approved Arbitrators. (d) A statement Not later than 10 days of receipt of the general nature Respondent’s list, by Notice to the Respondent, the Claimant shall agree to the appointment of one of such individuals, or provide a further list of three Approved Arbitrators. The Parties shall continue to exchange lists of three Approved Arbitrators in this fashion until the claimant’s claim;Arbitrator is appointed. (e) The relief or remedy sought; andIf the Arbitrator is not appointed within 30 days of the initial receipt by the Respondent of the Notice of Arbitration, either Party may provide copies of the exchanged lists to ADR Xxxxxxxx which shall appoint the Arbitrator. (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 Where any Party is a party to two or more pending arbitrations in relation to the Claimant a notice of defense. Failure to deliver a notice of defense shall not delay the arbitration; in the event of same Dispute, 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 Party 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 Court for the submission agreementconsolidation of such arbitrations and other Parties to such arbitrations shall agree to the consolidation on such terms as the Court shall consider just.

Commencement of Arbitration. 3.1 The party commencing arbitration (a) Any Party (or Parties) (collectively, the “Claimant”) shall address may commence arbitration of a Dispute by delivering a written notice (a “Notice of Arbitration”) to the other party Party (or Parties) against whom the Claimant seeks a remedy (collectively, the “Respondent”) ). Where a notice Dispute arises which involves more than one Respondent, the Claimant may commence arbitration of arbitration. 3.2 The arbitration the Dispute by delivering a Notice of Arbitration to each Party that is a Respondent. Where the Notice of Arbitration alleges breach of this Agreement by the Corporation, the Province shall be deemed commenced on the date on which the notice provided with a copy of arbitration is received such Notice of Arbitration by the Respondent. 3.3 The notice Corporation within 10 days of arbitration shall include in the text or in attachments thereto: (a) The full names, descriptions and addresses receipt of the parties;Notice of Arbitration. (b) A demand that In the dispute Notice of Arbitration, the Claimant shall describe the substance of the Dispute and name three individuals whom the Claimant is prepared to appoint as arbitrator, each of such individuals to be referred to arbitration pursuant an Approved Arbitrator. (i) Within 10 days of receipt of the Notice of Arbitration, the Respondent shall by Notice to the Rules;Claimant agree to the appointment of one of the three individuals named by the Claimant or provide the Claimant with a list of three other individuals who are Approved Arbitrators. (ii) Within 10 days of receipt of the Respondent’s list, by Notice to the Respondent, the Claimant shall agree to the appointment of one of such individuals, or provide a further list of three Approved Arbitrators. The Parties shall continue to exchange lists of three Approved Arbitrators in this fashion until the Arbitration Tribunal is appointed. (iii) If the Arbitration Tribunal is not appointed within 30 days of the initial receipt by the Respondent of the Notice of Arbitration, either Dispute Party may provide copies of the exchanged lists to the Independent Directors, who shall appoint the Arbitration Tribunal by majority vote. (c) The verbatim text of the arbitration clause Where any Party is a party to two 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 more pending arbitrations in relation to the Claimant a notice of defense. Failure to deliver a notice of defense shall not delay the arbitration; in the event of same Dispute, 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 Party 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 Court for the submission agreementconsolidation of such arbitrations and other Parties to such arbitrations shall agree to the consolidation on such terms as the Court shall consider just.

Commencement of Arbitration. 3.1 The party commencing arbitration (a) Any Party (or Parties) (collectively, the “Claimant”) shall address may commence arbitration of a Dispute by delivering a written notice (a “Notice of Arbitration”) to the other party Party (or Parties) against whom the Claimant seeks a remedy (collectively, the “Respondent”) ). Where a notice Dispute arises which involves more than one Respondent, the Claimant may commence arbitration of arbitration. 3.2 The arbitration the Dispute by delivering a Notice of Arbitration to each Party that is a Respondent. Where the Notice of Arbitration alleges breach of this Agreement by the Corporation or an Original Owner, the Province shall be deemed commenced on the date on which the notice provided with a copy of arbitration is received such Notice of Arbitration by the Respondent. 3.3 The notice Corporation or the Original Owner within 10 days of arbitration shall include in the text or in attachments thereto: (a) The full names, descriptions and addresses receipt of the parties;Notice of Arbitration. (b) A demand that In the dispute Notice of Arbitration, the Claimant shall describe the substance of the Dispute and name three individuals whom the Claimant is prepared to appoint as arbitrator, each of such individuals to be referred to arbitration pursuant an Approved Arbitrator. (i) Within 10 days of receipt of the Notice of Arbitration, the Respondent shall by Notice to the Rules;Claimant agree to the appointment of one of the three individuals named by the Claimant or provide the Claimant with a list of three other individuals who are Approved Arbitrators. (ii) Within 10 days of receipt of the Respondent’s list, by Notice to the Respondent, the Claimant shall agree to the appointment of one of such individuals, or provide a further list of three Approved Arbitrators. The Parties shall continue to exchange lists of three Approved Arbitrators in this fashion until the Arbitration Tribunal is appointed. (iii) If the Arbitration Tribunal is not appointed within 30 days of the initial receipt by the Respondent of the Notice of Arbitration, either Dispute Party may provide copies of the exchanged lists to the Independent Directors, who shall appoint the Arbitration Tribunal by majority vote. (c) The verbatim text of the arbitration clause Where any Party is a party to two 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 more pending arbitrations in relation to the Claimant a notice of defense. Failure to deliver a notice of defense shall not delay the arbitration; in the event of same Dispute, 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 Party 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 Court for the submission agreementconsolidation of such arbitrations and other Parties to such arbitrations shall agree to the consolidation on such terms as the Court shall consider just.