Consolidation of Arbitration Proceedings Sample Clauses

Consolidation of Arbitration Proceedings. When more than one Party requests the establishment of an arbitration panel with respect to the same measure and based on the same legal grounds, whenever possible, a single arbitration panel shall be established to examine such requests.
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Consolidation of Arbitration Proceedings. If any Dispute has been referred to arbitration pursuant to Condition 20(b) (Arbitration), and another related dispute, controversy or claim has also been referred to arbitration pursuant to Condition 20(b) (Arbitration) or under the terms of the Fiscal Agency Agreement (together the “Related Arbitrations”), then, at any time after the arbitral tribunal has been appointed in relation to any one Related Arbitration (the “Appointed Tribunal”) and before the arbitral tribunal has been appointed in relation to the other Related Arbitration, any party to each of the Related Arbitrations may, after giving notice in writing to all parties to the Related Arbitrations, request that the Appointed Tribunal be appointed and have jurisdiction in relation to each of the Related Arbitrations, subject to the consent of the Appointed Tribunal and approval by the LCIA. In deciding whether to accept appointment in relation to any Related Arbitrations, the Appointed Tribunal shall consider whether the arbitrations raise common or related issues of law or fact and whether its appointment in the Related Arbitrations would serve the interests of justice and efficiency. Where the same arbitral tribunal has been appointed in relation to two or more Related Arbitrations pursuant to this Condition 20(c) (Consolidation of arbitration proceedings), the arbitral tribunal may, after consulting all parties to the Related Arbitrations, order that the whole or part of the matters at issue be heard together upon such terms or conditions as it sees fit.
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Consolidation of Arbitration Proceedings. (Not applicable for Captiive Mode) Where any dispute or difference arises either between the Procurer and the Seller under this Agreement or between the Seller and the Successful Bidder under the BPPA and where, in the opinion of the Seller, the presence of the other Party, that is to say that in the case of the BPPA, the presence of the Successful Bidder and in the case of this Agreement, the presence of the Procurer is necessary or desirable for the proper and complete adjudication of the dispute(s), then the Seller shall take all such steps, as may be necessary for consolidating the dispute or the consequential arbitration proceedings so that the other Party, as described above, is also present in the dispute resolution process or arbitration proceedings, as the case may be.]
Sample 1
Consolidation of Arbitration Proceedings. If more than one arbitration is commenced under this Agreement, and any Party contends that two or more such arbitrations raise similar issues of law or fact and that the issues should be resolved in one set of proceedings, then:
Sample 1
Consolidation of Arbitration Proceedings. When a party to a Transaction Document submits a Request for Arbitration (as defined in the ICC Rules) in connection with a legal relationship in respect of which arbitration proceedings between the parties to the same or another Transaction Document are already pending under the ICC Rules (an “Already Pending Proceeding”), the parties to such Transaction Document may request that the Court include the claims contained in the request (the “New Claims”) in the Already Pending Proceeding. If a party to a Transaction Document makes such a request before the Terms of Reference (as defined in the ICC Rules) have been signed or approved by the Court in the Already Pending Proceeding, pursuant to Article 4(6) of the ICC Rules, the Court shall determine whether to include the New Claims in the Already Pending Proceeding. If a party to a Transaction Document makes such a request after the Terms of Reference in the Already Pending Proceeding have been signed or approved by the Court, pursuant to Article 19 of the ICC Rules, the Arbitral Tribunal (as defined in the ICC Rules) in the Already Pending Proceeding shall determine whether to include the New Claims in the Already Pending Proceeding. For the avoidance of doubt, two (2) or more arbitration proceedings may be consolidated in accordance with this Section 10.9(e) under Articles 4(6) or 19 of the ICC Rules, even if the parties to such arbitration proceedings are not identical.
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Related to Consolidation of Arbitration Proceedings

  • Initiation of Arbitration Either party may exercise the right to arbitrate by providing the other party with written notice of any and all claims forming the basis of such right in sufficient detail to inform the other party of the substance of such claims. In no event shall the request for arbitration be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations.

  • Location of Arbitration The arbitration shall take place in Oklahoma City, Oklahoma, and the arbitrator shall issue any award at the place of arbitration. The arbitrator may conduct hearings and meetings at any other place agreeable to the parties or, upon the motion of a party, determined by the arbitrator as necessary to obtain significant testimony or evidence.

  • Arbitration Proceedings Arbitration between the parties will be subject to the following:

  • Cost of Arbitration The fees for a single Arbitrator or a Chair of a Board of Arbitration shall be shared equally by the parties. Other costs incurred by each party shall be the responsibility of that party.

  • Scope of Arbitration The Executive expressly understands and agrees that claims subject to arbitration under this section include asserted violations of the Employee Retirement and Income Security Act of 1974; the Age Discrimination in Employment Act; the Older Worker’s Benefit Protection Act; the Americans with Disabilities Act; Title VII of the Civil Rights Act of 1964 (as amended); the Family and Medical Leave Act; any law prohibiting discrimination, harassment or retaliation in employment; any claim of promissory estoppel or detrimental reliance, defamation, intentional infliction of emotional distress; or the public policy of any state, or any federal, state or local law.

  • Mediation and Arbitration of Disputes An Addendum requiring the Mediation and/or the Arbitration of all disputes between the Parties and/or Brokers arising out of this Lease ¨ is x is not attached to this Lease. LESSOR AND LESSEE HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH TERM AND PROVISION CONTAINED HEREIN, AND BY THE EXECUTION OF THIS LEASE SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIME THIS LEASE IS EXECUTED, THE TERMS OF THIS LEASE ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LESSOR AND LESSEE WITH RESPECT TO THE PREMISES. ATTENTION: NO REPRESENTATION OR RECOMMENDATION IS MADE BY THE AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION OR BY ANY BROKER AS TO THE LEGAL SUFFICIENCY, LEGAL EFFECT, OR TAX CONSEQUENCES OF THIS LEASE OR THE TRANSACTION TO WHICH IT RELATES. THE PARTIES ARE URGED TO:

  • Costs of Arbitration Each party shall bear one half the cost of the arbitration filing and hearing fees, and the cost of the arbitrator.

  • Adjudication or Arbitration (a) In the event of any dispute between Indemnitee and the Company hereunder as to entitlement to indemnification or advancement of Expenses (including where (i) a determination is made pursuant to Section 5.02 of this Agreement that Indemnitee is not entitled to indemnification under this Agreement, (ii) advancement of Expenses is not timely made pursuant to Section 4.01 of this Agreement, (iii) payment of indemnification pursuant to Section 3.01 of this Agreement is not made within ten (10) business days after a determination has been made that Indemnitee is entitled to indemnification, (iv) no determination as to entitlement to indemnification is timely made pursuant to Section 5.02 of this Agreement and no payment of indemnification is made within ten (10) business days after entitlement is deemed to have been determined pursuant to Section 5.03(b)) or (v) a contribution payment is not made in a timely manner pursuant to Section 8.04 of this Agreement, then Indemnitee shall be entitled to an adjudication by a court of his or her entitlement to such indemnification, contribution or advancement. Alternatively, in such case, Indemnitee, at his or her option, may seek an award in arbitration to be conducted by the Hong Kong International Arbitration Centre. The Company shall not oppose Indemnitee’s right to seek any such adjudication or award in arbitration.

  • Mediation and Arbitration Any controversy, dispute or claim arising out of or relating to this Agreement or the performance, enforcement, breach, termination or validity thereof, including the determination of the scope of this Agreement to arbitrate, shall first be submitted to non-binding mediation and shall thereafter be determined by final binding arbitration, and not litigation, the agreed venue for mediation and arbitration being in Houston, Texas. The mediation process shall be administered by a mutually acceptable mediator selected in accordance with the Commercial Mediation Rules of the American Arbitration Association (“AAA”). If any dispute remains unresolved between the parties after the mediation process has been completed, either party may then submit any such unresolved dispute to final and binding arbitration pursuant to the Commercial Arbitration rules of AAA, with all matters related to the enforceability of this arbitration agreement and any award rendered pursuant to this agreement to be governed by the Federal Arbitration Act, 9 U.S.C. Section 1-16. The Arbitration Tribunal shall be formed of three (3) arbitrators each of which shall have at least five (5) years’ experience in hotel operation, management, ownership or leasing, one (1) to be appointed by each party and the third (3rd) to be appointed by the American Arbitration Association. The arbitration panel may require and facilitate such discovery as it shall determine is appropriate in the circumstances, taking into account the needs of the parties and the desirability of making discovery expeditious and cost-effective. The arbitration panel shall be empowered to subpoena non-party and party witnesses for deposition and hearing to the full extent provided under the AAA Rules and the Federal Arbitration Act (or the applicable state arbitration statute if the arbitration panel is appointed pursuant to a petition filed in state court). The arbitration panel may also direct the production of documents and other information and the advance identification of witnesses to be called and documents to be admitted. The arbitration panel may issue orders to protect the confidentiality of proprietary information, trade secrets and other sensitive information before it is required to be disclosed in discovery. In addition to monetary damages, or in lieu thereof, the arbitration panel shall have the power to grant all equitable relief (both by way of interim relief and as a part of its final award) as may be granted by any court in the state where the Hotel is located. Monetary damage liability shall be limited to actual damages; the parties hereby waive the right to claim and/or receive punitive damages or exemplary relief. The arbitration panel shall determine whether and to what extent any party is a prevailing party and shall award attorneys’ fees and expenses associated with the arbitration proceeding to the “prevailing party, if any. All proceedings shall be reported by a certified shorthand court reporter and written transcripts of the proceedings shall be prepared and made available to the parties. The fees of the arbitration panel, together with all costs and expenses incurred in conducting the arbitration (but excluding the parties’ respective attorney, witness and related costs and expenses) shall be borne by the party against whom the arbitral award is made and shall be a (the) component of the arbitral award. The arbitration shall take place in Orlando, Florida, and shall be conducted in the English language. The arbitration award shall be final and binding upon the parties hereto and subject to no appeal. Arbitration expenses shall not be an expense in determining House Profit. Judgment upon the award rendered maybe entered into any court having jurisdiction, or applications may be made to such court for an order of enforcement.

  • Litigation and Unilateral Commencement of Arbitration Notwithstanding the foregoing provisions of this Article VII, (a) a Party may seek preliminary provisional or injunctive judicial relief with respect to a Dispute without first complying with the procedures set forth in Section 7.1, Section 7.2 and Section 7.3 if such action is reasonably necessary to avoid irreparable damage and (b) either Party may initiate arbitration before the expiration of the periods specified in Section 7.2 and Section 7.3 if (i) such Party has submitted a Mediation Request or Arbitration Request, as applicable, and the other party has failed, within the applicable periods set forth in Section 7.3, to agree upon a date for the first mediation session to take place within thirty (30) days after the appointment of such mediator or such longer period as the Parties may agree to in writing or (ii) such Party has failed to comply with Section 7.3 in good faith with respect to commencement and engagement in arbitration. In such event, the other Party may commence and prosecute such arbitration unilaterally in accordance with the CPR Arbitration Procedure.

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