Determination of Disputes. Any dispute arising under this Section 2.6 shall be resolved pursuant to the dispute resolution procedures of Article 7.
Determination of Disputes. Any dispute or controversy among the Members (other than a suit brought against a Defaulting Member) arising in connection with (i) this Agreement or any amendment hereof, (ii) the breach or alleged breach hereof, (iii) the actions of any of the Members, or (iv) the formation, operation or dissolution and liquidation of the Company, shall be determined and settled by arbitration in New York, New York, by a panel of three members who shall be selected, and such arbitration shall be conducted, in accordance with the commercial rules of the American Arbitration Association. Any award rendered therein shall be final and binding upon the Members and the Company and judgment upon any such award rendered by said arbitrators may be entered in any court having jurisdiction thereof. The party or parties against which an award is made shall bear its or their own expenses and those of the prevailing party or parties, including reasonable fees and disbursements of attorneys, accountants, and financial experts, and shall bear all arbitration fees and expenses of the arbitrators.
Determination of Disputes. If there is any dispute, difference of opinion or failure to agree relating to or arising from this document (Dispute) that dispute must be referred for determination under this clause 18.
Determination of Disputes. Subject to clause 10.7 if any dispute arises relating to or arising out of the terms of this Agreement, a party may give to the other written notice requiring the dispute to be determined under this clause 10. The notice is to propose an appropriate Specialist and specify the nature and substance of the dispute and the relief sought in relation to the dispute. For the purposes of this clause 10 a “Specialist” is a person qualified to act as an expert in relation to the dispute and unless otherwise agreed in writing by the Owner and the Council having not less than ten years’ professional experience in relation to developments in the nature of the Development. Any dispute over the type of Specialist appropriate to resolve the dispute may be referred at the request of any party to the President or next most senior available officer of the Law Society from time to time who will have the power, with the right to take such further advice as he may require, to determine the appropriate type of Specialist and to arrange his nomination under clause 10.4. Any dispute over the identity of the Specialist is to be referred at the request of any party to the President or other most senior available officer of the organisation generally recognised as being responsible for the relevant type of Specialist who will have the power, with the right to take such further advice as he may require, to determine and nominate the appropriate Specialist or to arrange his nomination. If no such organisation exists, or the parties cannot agree the identity of the organisation, then the Specialist is to be nominated by the President or next most senior available officer of the Law Society. The Specialist is to act as an independent expert and: each party may make written representations within ten working days of his appointment and will copy the written representations to the other party or parties; each party is to have a further ten working days to make written comments on the other’s representations and will copy the written comments to the other party or parties; the Specialist is to be at liberty to call for such written evidence from the parties and to seek such legal or other expert assistance as he or she may reasonably require; the Specialist is not to take oral representations from the parties without giving all relevant parties the opportunity to be present and to give evidence and to cross‑examine each other; the Specialist is to have regard to all representations and evid...
Determination of Disputes. Any dispute or controversy among the Members (other than a suit brought against a Defaulting Member or a Pledge Defaulting Member, as applicable) arising in connection with (i) this Agreement or any amendment hereof, (ii) the breach or alleged breach hereof, (iii) the actions of any of the Members, or (iv) the formation, operation or dissolution and liquidation of the Company, shall be determined and settled by arbitration in New York, New York, by a panel of three members who shall be selected, and such arbitration shall be conducted, in accordance with the commercial rules of the American Arbitration Association. Any award rendered therein shall be final and binding upon the Members and the Company and judgment upon any such award rendered by said arbitrators may be entered in any court having jurisdiction thereof. The party or parties against which an award is made shall bear its or their own expenses and those of the prevailing party or parties, including, without limitation, fees and disbursements of attorneys, accountants, and financial experts, and shall bear all arbitration fees and expenses of the arbitrators.
Determination of Disputes. Any dispute or controversy among the Members arising out of or in connection with (a) this Agreement or any amendment to this Agreement, (b) the breach or alleged breach of this Agreement, (c) the actions of any of the Members (in or relating to their capacity as a member of the Company), or (d) the formation, operation or dissolution and liquidation of the Company or any Alternative Investment Vehicle or any Subsidiary, shall be settled by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules. The place of arbitration shall be New York, New York. The number of arbitrators shall be three. The language of the arbitration shall be English. Any award of the arbitrators shall be final and binding upon the Members, the Company, any Alternative Investment Vehicle and any Subsidiary, and judgment upon any such award may be entered in any court having jurisdiction thereof. The party or parties against whom an award is made shall bear its or their own expenses and those of the prevailing party or parties, including, without limitation, fees and disbursements of attorneys, accountants, and financial experts, and shall bear all arbitration fees and expenses of the arbitrators.
Determination of Disputes. Either the Landlord or the Tenant may refer any dispute about the Insured Risks or the terms of the Standard Policy under clause 16 to expert determination under the provisions of clause 25.
Determination of Disputes. In the event of there being a dispute arising out of this Deed or the subject matter thereof the following provisions shall apply:
17.1 The Parties shall use their reasonable endeavours to resolve the dispute by agreement.
17.2 If agreement cannot be reached the matter in dispute shall be referred to and settled by some independent and fit person holding appropriate professional qualifications to be appointed (in the absence of agreement) by the President (or equivalent person) for the time being of the professional body chiefly relevant in England to such qualifications and such person shall act as an expert on the application of either Party after giving notice in writing to the other party to this Deed.
17.3 The person to be appointed pursuant to clause 17.2 shall be a person having ten years or more post qualification experience of projects comprising works of the scale and nature of the Development.
17.4 Reference to the expert shall be on terms that determination shall take place within 28 working days of the expert accepting his instructions.
17.5 The expert shall have the power to award costs of the determination in favour of either Party to the dispute at the expense of the other Party and failing such determination such costs shall be borne by the parties in equal shares.
17.6 The expert shall be limited in his findings to the matter in dispute referred to him and shall provide written reasons for his decision.
17.7 The findings of the expert shall (other than in the case of a manifest material error) be final and binding on the parties to the dispute
17.8 For the avoidance of doubt references to ‘Party’ or ‘Parties’ in clause 17.1 exclude the County Council and the County Council shall not be required to submit to or be bound by the provisions of Clauses 17.1 -17.7.
17.9 For the avoidance of doubt this Clause shall not limit the right of any Party to refer any matter to the courts for determination.
Determination of Disputes. 18.1 Any dispute relating in any way to or arising from this Agreement, will be submitted to confidential arbitration to be held in Sandton under the rules of the Arbitration Foundation of Southern Africa (or its successor in title), to which arbitration the Parties hereby consent.
18.2 The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement may be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
18.3 The provisions of this clause are severable from the rest of this Agreement and shall remain in effect even if this Agreement is terminated for any reason.
18.4 The provisions of this clause 18 shall not preclude any Party from approaching a Court of competent authority within the Republic of South Africa for an interdict or other injunctive relief of an urgent nature. With regard to the foregoing, the Parties agree that any such legal action or legal proceedings arising out of or in connection therewith shall be brought in the South Gauteng High Court or its successor, if any, and irrevocably submit to the non-exclusive jurisdiction of such court. The Parties irrevocably waive any objection which they may now or hereafter have that any such action or proceedinghas been brought in an inconvenient forum. Nothing herein contained shall affect the right to service process in any manner permitted by law. The submission to such jurisdiction shall not (and shall not be construed so as to) limit the rights of BEE123 to take proceedings against the Partner in whatever other jurisdiction it shall consider appropriate nor shall the taking of proceedings in any one or more jurisdictions automatically preclude the taking of proceedings in any other jurisdiction whether concurrently or not.
18.5 Nothing herein contained shall preclude BEE123 from approaching a Court of competent authority within the Republic of South Africa for the purposes of collecting any payment due to it under this Agreement, and for such purposes it shall not be required to follow the arbitration procedure set out in this clause 18.
Determination of Disputes. 8.1 Subject to Clause 8.7 herein, if any dispute arises relating to or arising out of the terms of this Agreement, either Party may give to the others written notice requiring the dispute to be determined under this Clause 8. The notice is to propose an appropriate Specialist and specify the nature and substance of the dispute and the relief sought in relation to the dispute.
8.2 For the purposes of this Clause 8 a “Specialist” is a person qualified to act as an expert in relation to the dispute having not less than ten years’ professional experience in relation to developments in the nature of the Development and property in the same locality as the Site.
