CONCILIATION OF DISPUTES. 24.1.1 All disputes and differences of any kind whatsoever arising out of or in connection with the contract, whether during the progress of the work or after its completion and whether before or after the determination of the contract, shall be referred by the Contractor to the "Authority" through “Notice of Dispute” provided that no such notice shall be served later than 30 days after the date of issue of Completion Certificate by the Authority Engineer. Authority shall, within 30 days after receipt of the Contractor’s “Notice of Dispute”, notify the name of conciliator(s) to the Contractor. In case Authority fails to fix Conciliator within 30 days, Contractor shall be free to approach Dispute Adjudication Board (DAB) for adjudication of Dispute.
24.1.2 The Conciliator(s) shall assist the parties to reach an amicable settlement in an independent and impartial manner within the terms of contract. If the parties reach agreement on a settlement of the dispute, they shall draw up and sign a written settlement agreement duly signed by Authority Engineer, Contractor and conciliator(s). When the settlement agreement is signed, it shall be final and binding on the parties. The conciliators shall be paid fee as fixed by Ministry of Railways time to time, which shall be shared equally by the parties.
24.1.3 The parties shall not initiate, during the conciliation proceedings, any reference to DAB or arbitral or judicial proceedings in respect of a dispute that is the subject matter of the conciliation proceedings.
24.1.4 The conciliation shall be carried out as per ‘The Arbitration and Conciliation Act, 1996’ and the proceedings may be terminated as per Section 76 of the above Act.
CONCILIATION OF DISPUTES. 7. How to refer a dispute to the Council for conciliation
8. What notice must the Council give of a conciliation hearing
9. Council may seek to resolve dispute before conciliation hearing (item 10 deleted by G.N. R.961 of 9 October 2009)
10. Conduct of con-arb in terms of section 191(5A) of the Act
CONCILIATION OF DISPUTES. 6.1 The primary focus of the PDP shall be to resolve disputes by mediation or conciliation.
6.2 Conciliation shall be conducted in the manner which the Member deems to be appropriate.
6.3 The PDP may make non-binding recommendations to the parties about the resolution of all or part of the dispute only with the consent of the parties.
6.4 Where the dispute cannot be resolved through conciliation the matter can proceed to the PDP for binding recommendation or arbitration hearing only with the consent of the parties to the dispute
CONCILIATION OF DISPUTES. 1) How to refer a dispute to the Council for conciliation
2) When must the Council notify the parties of a conciliation hearing
3) The Council may seek to resolve a dispute before a conciliation hearing
4) What happens if a party fails to attend or is not represented at a conciliation hearing
5) How to determine whether or not a Council arbitrator may conciliate a dispute
6) Extension of the conciliation period in terms of Section 135 (2A) of the Act and the issuing of a certificate in terms of section 135(5) of the Act
7) Conciliation proceedings may not be disclosed
1) Conduct of con-arb in terms of section 191 (5A) of the Act
1) How to request arbitration
2) When parties may be directed to file statements
3) When parties may be directed to hold a pre-arbitration conference
4) What notice the Council is to give of an arbitration hearing
5) How to determine whether or not a Council arbitrator may arbitrate a dispute 6) How to postpone an arbitration
CONCILIATION OF DISPUTES. 9. How to refer a dispute to the Council for conciliation
1) A party must refer a dispute to the Council for conciliation by completing the Council's referral form, by serving it on the other parties to the dispute and by filing it with the Council.
2) The referring party must-
a) sign the referral form in accordance with Rule 3;
b) attach written proof that the referral form was served on the other parties to the dispute in accordance with Rule 5;
c) if the referral form is filed late, attach an application for condonation in accordance with rule 8 read with Rule 30.
3) The Council must refuse to accept a referral document until sub-rule (2) hereof has been compiled with.
10. When must the Council notify the parties of a conciliation hearing
11. The Council may seek to resolve a dispute before a conciliation hearing
12. What happens if a party fails to attend or is not represented at a conciliation hearing
1) If a party to a dispute, that is not a mutual interest dispute, fails to attend in person or to be represented in terms of Rule 23(1)(a) at a conciliation hearing the Council arbitrator may -
a) continue with the proceedings;
b) adjourn the conciliation to a later date within the 30-day period; or
c) conclude the proceedings by issuing a certificate that the dispute remains unresolved.
2) In exercising a discretion in terms of sub-rule (1), a Council arbitrator should take into account, amongst other things -
a) whether the party has previously failed to attend a conciliation in respect of that dispute;
b) any reason given for that party's failure to attend;
c) whether conciliation can take place effectively in the absence of one or more of the parties;
d) the likely prejudice to the other party of the Council arbitrator's ruling; and
e) any other relevant factors.
3) In an interest dispute, if a party to the dispute fails to attend the conciliation hearing or be represented at the hearing, and that party-
a) had referred the dispute to the Council, a Council arbitrator may extend the conciliation period for another 30 (thirty) days and notify the parties of the extension in writing; or
b) had not referred the dispute to the Council, the Council arbitrator may immediately issue a certificate stating that the dispute remains unresolved.
4) A Council arbitrator must be satisfied that the party had been properly notified of the date, time and venue of the proceedings, before making any decision in terms of sub rule (3).
13. How to determine whether or n...
CONCILIATION OF DISPUTES. 58 9.15 Jurisdiction; Consent to Service of Process.................59 9.16 Confidentiality; Publicity..................................61 9.17
CONCILIATION OF DISPUTES. In the event there is a dispute under any of the Transaction Documents, other than any of the Ancillary Agreements, the Parties will meet with one another and diligently attempt to resolve their disagreements. If they are unable to do so, then upon request of any Party to the dispute, they will conciliate the dispute, utilizing a single conciliator pursuant to the ICC Rules of Optional Conciliation in a proceeding to take place in Miami, Florida, and carried out in the English language. If, after thirty (30) calendar days, the mediation is not successful, then the Parties would be free to bring any action in law or in equity they deemed appropriate to protect their interests. The provisions of this Section shall not apply to any actions or proceedings for non-payment of sums due, or otherwise, under the Ancillary Agreements.
CONCILIATION OF DISPUTES. (i) This clause is applicable in the tender having advertised value less than or equal to Rs 50 Crore.
(ii) All disputes and differences of any kind whatsoever arising out of or in connection with the contract, whether during the progress of the work or after its completion and whether before or after the determination of the contract, shall be referred by the Contractor to the "Chief Engineer" or "Divisional Railway Manager" through “Notice of Dispute” provided that no such notice shall be served later than 30 days after the date of issue of Completion Certificate by the Engineer. Chief Engineer or Divisional Railway Manager shall, within 30 days after receipt of the Contractor’s “Notice of Dispute”, notify the name of conciliator(s) to the Contractor.
(iii) The Conciliator(s) shall assist the parties to reach an amicable settlement in an independent and impartial manner within the terms of contract.
(iv) If the parties reach agreement on a settlement of the dispute, they shall draw up and sign a written settlement agreement duly signed by Engineer In-charge, Contractor and conciliator(s). When the parties sign the settlement agreement, it shall be final and binding on the parties.
(v) The parties shall not initiate, during the conciliation proceedings, any arbitral or judicial proceedings in respect of a dispute that is the subject matter of the conciliation proceedings.
(vi) The conciliation proceedings shall be terminated as per Section 76 of ‘The Arbitration and Conciliation Act, 1996.
CONCILIATION OF DISPUTES. 7. How to refer a dispute to the Council for conciliation
1. A party must refer a dispute to the Council for conciliation by completing the Council’s referral form and serving it on the Council.
2. The referring party must –
(a) sign the referral form;
(b) attach written proof, that the referral form was served on the other parties to the dispute;
(c) if the referral form is filed late, attach an application for condonation in accordance with rule 6.
