CONSULTATION, EXPERT DETERMINATION AND ARBITRATION Sample Clauses

CONSULTATION, EXPERT DETERMINATION AND ARBITRATION. 30.1 The Parties shall make good faith efforts to settle amicably through consultation any dispute arising in connection with the performance or interpretation of any provision of this Contract and deadlocks in decisions of Joint Management Committee. 30.2 If any dispute mentioned in Article 30.1 has not been settled through such consultation within ninety (90) days after the dispute arises either Party may by notice to the other Party propose that the dispute be referred either for determination by a sole expert or to arbitration in accordance with the provisions of this Article. 30.3 Following the notice given under Article 30.2, the Parties may, by mutual agreement, refer the dispute for determination by a sole expert to be appointed by agreement between the Parties. 30.4 As an alternative to the procedure described in Article 30.3, and if agreed upon by the Parties, such dispute shall be referred to arbitration by an agreed Sole Arbitrator. 30.5 If the Parties fail to refer such dispute to a sole expert under Article 30.3 or to a Sole Arbitrator under Article 30.4, within sixty (60) days’ notice under Article 30.2, such dispute shall be referred to an arbitral tribunal for final decision as hereinafter provided. 30.6 Arbitration pursuant to Article 30.5 shall be by an arbitration tribunal consisting of three
Sample 1
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CONSULTATION, EXPERT DETERMINATION AND ARBITRATION. 30.1 The Parties shall make good faith efforts to settle amicably through consultation any dispute arising in connection with the performance or interpretation of any provision of this Contract and deadlocks in decisions of Joint Management Committee. 30.2 If any dispute mentioned in Article 30.1 has not been settled through such consultation within ninety (90) days after the dispute arises either Party may by notice to the other Party require that the dispute be referred: a) for determination by a sole expert, in the case of technical or calculation disputes; or b) to arbitration, for all other disputes in accordance with the provisions of this Article. 30.3 Following a notice given in accordance with Article 30.2(a), the Parties will refer the dispute for determination by a sole expert to be appointed by agreement between the Parties. 30.4 Following a notice given in accordance with Article 30.2(b), the Parties will refer the dispute for arbitration by three (3) arbitrators. 30.5 If the Parties fail to agree on the sole expert and/or fail to agree on the sole expert resolution procedure within sixty (60) days’ of the notice under Article 30.2(a), such dispute shall be referred to an arbitral tribunal for final decision as hereinafter provided. 30.6 In the case of arbitration pursuant to Article 30.2(b) or 30.5, arbitration shall be by an arbitration tribunal consisting of three (3) arbitrators. The Parties shall each appoint an arbitrator and the two (2) arbitrators so appointed shall designate a third arbitrator. If one of the Parties does not appoint its arbitrator within sixty (60) days after the first appointment or if the two (2) arbitrators once appointed, fail to appoint the third within sixty (60) days after the appointment of the second arbitrator, the relevant appointment shall be made in accordance with the United Nations Commission on International Trade Law Arbitration Rules (“UNCITRAL Rules”). 30.7 All arbitrators appointed to resolve disputes under this Article 30 shall not be citizens of the People's Republic of Bangladesh or of any home country of the companies comprising Contractor, and shall not have any economic interest in or economic relationship with the Parties. 30.8 The proceedings before the sole arbitrator or the arbitration tribunal shall be governed by the United Nations Commission on International Trade Law Arbitration Rules (“UNCITRAL Rules”). 30.9 The English language shall be the language used in the arbitral proceedings....
Sample 1
CONSULTATION, EXPERT DETERMINATION AND ARBITRATION. 22.1. In the event of any dispute between the Republic and the Contractor regarding the interpretation or performance of any provisions of this Contract, the Parties shall make their best efforts to settle such dispute amicably through consultation. 22.2. If, within three (3) months from the date of notice of such dispute, the Parties have not reached amicable settlement, the dispute shall be submitted, upon request of the most diligent Party, to the International Centre for Settlement of Investment Disputes (ICSID) in order to be settled by arbitration in accordance with the rules set forth by the Convention on the Settlement of Investment disputes between States and Nationals of other States. 22.3. The seat of arbitration shall be Nicosia, Republic of Cyprus. The language used during the arbitration proceedings shall be the English language and the applicable law shall be the laws of the Republic of Cyprus as well as the practice of international law applicable on the subject matter. The arbitration tribunal shall consist of three (3) arbitrators. No arbitrator shall be a national of the countries to which either Party belongs. The arbitration award shall be final and binding on the Parties and immediately enforceable. The arbitration expenses shall be borne equally by the Parties, subject to the decision of the tribunal regarding the sharing thereof. In the event a Party does not pay all or part of its share of the arbitration expenses, the arbitration process shall not be suspended and the settlement of payment shall be included in the arbitration award. 22.4. The Parties shall conform to any measure of conservation prescribed or recommended by the arbitration tribunal. 22.5. A request to arbitration shall give rise to the suspension of the contractual provisions concerning the subject matter of the dispute, but all other rights and obligations of the Parties under this Contract shall not be suspended. 22.6. In the event of any difficulty arising from the execution of this Contract, the Parties hereby agree, prior to any arbitration or failing to reach amicable settlement, to request an expert to provide assistance for the amicable settlement of such dispute. Such expert shall be appointed by mutual agreement between the Parties or, failing such agreement, by the International Centre for Technical Expertise of the International Chamber of Commerce, in accordance with its Rules for Technical Expertise. The expert expenses and fees shall be shared equall...
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Related to CONSULTATION, EXPERT DETERMINATION AND ARBITRATION

  • 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: 1. SEEK ADVICE OF COUNSEL AS TO THE LEGAL AND TAX CONSEQUENCES OF THIS LEASE. 2. RETAIN APPROPRIATE CONSULTANTS TO REVIEW AND INVESTIGATE THE CONDITION OF THE PREMISES. SAID INVESTIGATION SHOULD INCLUDE BUT NOT BE LIMITED TO: THE POSSIBLE PRESENCE OF HAZARDOUS SUBSTANCES, THE ZONING OF THE PREMISES, THE STRUCTURAL INTEGRITY, THE CONDITION OF THE ROOF AND OPERATING SYSTEMS, AND THE SUITABILITY OF THE PREMISES FOR LESSEE’S INTENDED USE.

  • Mediation and Arbitration If the Executive and the Employer have any dispute whatsoever relating to the interpretation, validity or performance of this Agreement, or any other dispute arising out of this Agreement, every reasonable attempt will be made to resolve any differences or dispute within thirty (30) days of an issuance of written notice by either party to the other party. If a successful resolution of any differences or dispute has not been achieved to the satisfaction of both parties at the end of the thirty (30) day period, the following steps will be used: Except as otherwise expressly provided hereunder, the parties agree that any and all disputes arising out of the Executive’s employment or cessation of employment, including but not limited to any dispute, controversy, or claim arising under any federal, state, or local statute, law, ordinance or regulation or under this Agreement, shall be resolved exclusively by Alternative Dispute Resolution described in this Agreement ("ADR"). The initiation of ADR shall first require mediation, and the parties agree to first try to settle any dispute through mediation. Mediation shall be initiated by either party by the serving of a written notice of intent to mediate (a "Mediation Notice") by one party upon the other. If no resolution has been mutually agreed through mediation within ninety (90) days of service of a Mediation Notice, then and only then may the dispute be submitted to arbitration. Arbitration shall be initiated by the serving of a written notice of intent to arbitrate (an "Arbitration Notice") by one party upon the other. Notwithstanding the foregoing, nothing in this Agreement shall be deemed to preclude the Employer from seeking temporary or permanent injunctive relief and/or damages from a court of competent jurisdiction pursuant to Section 8 of this Agreement with respect to any breach of Section 7 of this Agreement. (a) In the event that a party wishes to initiate ADR, a Mediation Notice must be served on the other party within six months from the date on which the claim arose. If the parties cannot mutually agree on a mediator, then a mediator shall be selected in accordance with the Employment Mediation Rules of the American Arbitration Association. (b) In the event that mediation is unsuccessful and arbitration is initiated, it shall be conducted under the National Rules of the Resolution of Employment Disputes of the American Arbitration Association. There shall be a single arbitrator to be agreed upon by the parties, provided that, if the parties are unable to agree upon a single arbitrator, each party shall name an arbitrator and the two so named shall name a third arbitrator. The arbitration proceedings shall be heard by the arbitrator(s) and the decision of the arbitrator, or the majority of the panel if one has been selected, shall be final and binding on the parties. Judgment upon the arbitration award may be entered in any court of competent jurisdiction. An Arbitration Notice must be served on the other party within one year from the date on which the claim arose, and failure to bring such a claim within such one-year period shall constitute a waiver of such claim and an absolute bar to any further proceedings in any forum with respect to it. All mediation and arbitration proceedings shall be conducted in Bangor, Maine, unless the parties otherwise agree in writing. (c) The cost of any mediation proceeding under this Section 9 shall be paid entirely by the Employer. The cost of any arbitration proceeding will be shared equally by the parties to the dispute; provided, however, that, if the dispute is resolved in favor of the Executive, such cost shall be paid in full by the Employer. Each party shall be responsible for its own cost of representation and counsel.

  • Expert Determination If a Dispute relates to any aspect of the technology underlying the provision of the Goods and/or Services or otherwise relates to a financial technical or other aspect of a technical nature (as the Parties may agree) and the Dispute has not been resolved by discussion or mediation, then either Party may request (which request will not be unreasonably withheld or delayed) by written notice to the other that the Dispute is referred to an Expert for determination. The Expert shall be appointed by agreement in writing between the Parties, but in the event of a failure to agree within ten (10) Working Days, or if the person appointed is unable or unwilling to act, the Expert shall be appointed on the instructions of the relevant professional body. The Expert shall act on the following basis: he/she shall act as an expert and not as an arbitrator and shall act fairly and impartially; the Expert's determination shall (in the absence of a material failure to follow the agreed procedures) be final and binding on the Parties; the Expert shall decide the procedure to be followed in the determination and shall be requested to make his/her determination within thirty (30) Working Days of his appointment or as soon as reasonably practicable thereafter and the Parties shall assist and provide the documentation that the Expert requires for the purpose of the determination; any amount payable by one Party to another as a result of the Expert's determination shall be due and payable within twenty (20) Working Days of the Expert's determination being notified to the Parties; the process shall be conducted in private and shall be confidential; and the Expert shall determine how and by whom the costs of the determination, including his/her fees and expenses, are to be paid.

  • Arbitration Decisions Unless otherwise agreed by the Parties, the arbitrator(s) shall render a decision within ninety (90) Calendar Days of appointment and shall notify the Parties in writing of such decision and the reasons therefor. The arbitrator(s) shall be authorized only to interpret and apply the provisions of this LGIA and shall have no power to modify or change any provision of this Agreement in any manner. The decision of the arbitrator(s) shall be final and binding upon the Parties, and judgment on the award may be entered in any court having jurisdiction. The decision of the arbitrator(s) may be appealed solely on the grounds that the conduct of the arbitrator(s), or the decision itself, violated the standards set forth in the Federal Arbitration Act or the Administrative Dispute Resolution Act. The final decision of the arbitrator(s) must also be filed with FERC if it affects jurisdictional rates, terms and conditions of service, Interconnection Facilities, or Network Upgrades.

  • Expenses of Arbitration Each party shall pay one-half of the fees and expenses of the Arbitrator.

  • Expenses of Arbitration Board ‌ Each party shall pay: (a) the fees and expenses of the nominee it appoints; and (b) one-half of the fees and expenses of the Chairperson.

  • Dispute Resolution and Arbitration The following procedures shall be used in the resolution of disputes:

  • Disputes and Arbitration Any dispute concerning a question of fact arising under this contract shall be disposed of by good faith negotiation between duly authorized representatives of the District, the Office of the State Auditor, and the Firm. Such a resolution shall be reduced to writing and a copy thereof mailed or furnished to the Firm and shall be final and conclusive.

  • Arbitration Decision The arbitrator’s decision will be final and binding. The arbitrator shall issue a written arbitration decision revealing the essential findings and conclusions upon which the decision and/or award is based. A party’s right to appeal the decision is limited to grounds provided under applicable federal or state law.

  • Initiation of Arbitration Pursuant to Section 110 of the Arbitration Act, the parties agree that a party may initiate Arbitration by giving written notice to the other party (“Arbitration Notice”) in the same manner that notice is permitted under Section 9.13 of the Agreement; provided, however, that the Arbitration Notice may not be given by email or fax. Arbitration will be deemed initiated as of the date that the Arbitration Notice is deemed delivered to such other party under Section 9.13 of the Agreement (the “Service Date”). After the Service Date, information may be delivered, and notices may be given, by email or fax pursuant to Section 9.13 of the Agreement or any other method permitted thereunder. The Arbitration Notice must describe the nature of the controversy, the remedies sought, and the election to commence Arbitration proceedings. All Claims in the Arbitration Notice must be pleaded consistent with the Utah Rules of Civil Procedure.

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