Dispute Arbitration. If any dispute arises out of or in connection with this Agreement, the obligations arising under it or the interpretation of its terms, the matter shall be referred to arbitration pursuant to the Commercial Rules of the American Arbitration Association and according to the following terms:
(a) Either Oregon Trail Ethanol Coalition or GreenWay may initiate arbitration by giving written notice requesting arbitration to the other.
(b) The parties shall select a single arbitrator by mutual agreement, but if they fail to select an arbitrator within ten (10) calendar days of the receipt of notice of arbitration, then each party shall within seven (7) business days thereafter, appoint their respective arbitrator and the two (2) arbitrators thus chosen shall together, within seven (7) business days of their appointment, select a third arbitrator and that three member panel shall arbitrate the dispute. In the event that the two arbitrators shall fail within seven (7) business days of their appointment to select a third arbitrator, then upon written request of either party, the third arbitrator shall be appointed by the American Arbitration Association. If a party shall fail to appoint an arbitrator as required the arbitrator appointed by the other party shall be the sole arbitrator. The arbitration shall be conducted in Omaha, Nebraska.
(c) Within fifteen (15) business days of the appointment of the arbitrator or panel, as the case may be, each party shall state in writing its position concerning the dispute, supported by the reasons therefore, and deliver its position to the arbitrator(s) and the other party. If either party fails to submit its position in a GREENWAY CONSULTING, LLC CONFIDENTIAL timely manner, the position submitted by the other party shall be deemed correct, and the arbitration shall be deemed concluded. The parties shall then have ten (10) calendar days to respond to the position of the other party and deliver that response to the arbitrator(s). The arbitrator(s) shall, within thirty (30) calendar days thereafter, meet to consider the documents presented in order to make a determination by majority on the issues in dispute. Within fifteen (15) business days of the end of their meeting the arbitrator(s) shall present their award. The arbitrator(s) may award a party the right to terminate this Agreement if termination is a remedy specified herein for the claim which is the subject of the arbitration.
(d) Each party in such arbitration shall bear o...
Dispute Arbitration a) All disputes and differences arising out of or in any way touching or concerning this Contract whatsoever (except as to any matter, the decision of which is expressly made final and provided for in the Contract) shall be referred to Sole arbitrator to be appointed by CMD MOIL Ltd. The arbitrator shall enter the reference and conduct his proceedings according to the provisions of the Arbitration and Conciliation Act 1996 as amended till the date of reference. The Award of such an Arbitrator shall be final and binding on both the parties to this contract. It is a term of this contract that in the event of such an Arbitrator, to whom the matter is originally referred does not act or refuses to act or is otherwise unable to act for any reason, the CMD MOIL Ltd shall appoint another person to act as an Arbitrator. Such person shall be entitled to proceed with the reference from the stage at which it was left by his predecessor. It is also a term of this contract that no person other than a person so appointed, as aforesaid, shall act as an Arbitrator and if for any reason that is not possible, the matter is not to be referred to the arbitration at all. Provided further that any demand for arbitration in respect of any claims of the buyer shall be in writing and made within three months of the date of termination or completion/ expiry of the contract and where such demand is not made within the above said period, the claims of the buyers/party aggrieved shall be deemed to have been waived and absolutely barred and MOIL shall be discharged and released of all liabilities under the contract in respect of those claims. The costs of and in connection with the arbitration shall be in the discretion of the Arbitrator, who may make a suitable provision for the same in his Award. In case the buyer is a Central PSU, all the disputes and differences arising out of or in any way touching or concerning this contract between the parties shall be resolved by a reference to the permanent machinery of Arbitrations (PMA) i.e., to the sole arbitrator in the Department of public enterprises as per the O.M. No.4 (1)/2011-DPE(PMA)-GL dated 12.06.2013 issued by Department of Public Enterprises, Ministry of Heavy Industries and Public Enterprises, Government of India or any revision thereof and for all purpose arbitration of the rules and procedure prescribed therein shall be applicable. The seat of the arbitration shall be at Nagpur and the language of the proceedings shall be Eng...
Dispute Arbitration. Any dispute arising under this contract shall be resolved by arbitration in accordance with rules of the American Arbitration Association in Washington, D.C.
Dispute Arbitration. Any dispute, controversy or claim (the “Dispute”) arising from or in connection with this Agreement shall be settled first by the parties through friendly consultation. Such consultation shall begin immediately after one party has sent a written request for such consultation to the other party. If the parties cannot settle the Dispute within thirty (30) days after the delivery of the written request referred to herein, such Dispute shall be referred to the Hong Kong International Arbitration Centre for arbitration in accordance with its Domestic Arbitration Rules. The arbitration proceedings shall be conducted in English. The arbitration award shall be final and binding on both parties. The arbitration cost, including reasonable legal counsel fees, shall be borne by the losing party. During the period when a Dispute is being resolved, the parties shall in all other respects continue their implementation of this Agreement other than the matter(s) in dispute.
Dispute Arbitration. Smile Care Agency will attempt to arbitrate where there is a disagreement between a Client and a Professional Self-employed Carer. Either Client or Professional Self-employed Carer care seeker can dispute a contract. Smile Care Agency will examine the contract, compliance with terms, user analytics data including but not limited to visit logging, messaging, geoverification, user feedback and previous self-employed carer behaviour and any submissions by either party. Smile Care Agency reserves the right at its sole discretion to defer payment, reimburse or cease contractual payments at any time.
Dispute Arbitration. (a) Except as set forth in Section 2.4(d), Section 8.6(f), and Section 10.5(d) any Dispute shall be referred to, and finally resolved by, arbitration under the rules of the International Centre for Dispute Resolution (the “ICDR”) of the American Arbitration Association (“ICDR Rules”), which rules are deemed to be incorporated by reference into this Section 10.5. The number of arbitrators shall be three. The seat, or legal place of arbitration, shall be New York City, New York. Each of the parties hereto waives any defense of inconvenient forum to the maintenance of any arbitration brought under the ICDR Rules with a seat, or legal place of arbitration, in New York City, New York. The language to be used in the arbitral proceedings shall be English.
(b) Each party to the Dispute shall nominate one arbitrator, except that where there are multiple claimants or multiple respondents, the disputant parties shall represent collectively two separate “sides” (as claimants on one side and respondents on the other side of the primary dispute, without regard to third-party claims) for the formation of the arbitral tribunal, with each side appointing a single arbitrator. If the multiple claimants or multiple respondents cannot agree on a single nomination, the ICDR shall appoint the arbitrator that would otherwise be appointed by that side without regard to any such party’s entitlement or nomination. The two party-appointed arbitrators shall by agreement appoint a third arbitrator, who shall act as chairman. If the party-nominated arbitrators cannot agree on a third arbitrator or if for any reason the third arbitrator is unavailable or cannot accept the appointment within 30 days of the appointment of the party-nominated arbitrators, any party may by written notice request that the ICDR appoint the third arbitrator pursuant to the ICDR Rules.
(c) In its Notice of Arbitration (as defined by the ICDR Rules), the party or side requesting arbitration shall identify the name of the arbitrator it has appointed. The other party or side shall identify the name of the arbitrator it has appointed in its Answer (as defined in the ICDR Rules).
(d) Notwithstanding the right to arbitrate under this Section 10.5, either party may seek interim or conservative measures, including a temporary injunction or attachment prior to the appointment of the arbitration tribunal, in each case in the State and Federal Courts located in New York, New York, which shall have exclusive jurisdiction ov...
Dispute Arbitration. NEC and NEP intend to provide a speedy and informal method for resolving all disputes and other matters in question arising out of, or relating to, this Agreement, which involves interstate commerce and is subject to the Federal Arbitration Code. All disputes and other matters in question, of any kind, between NEC and NEP arising out of, or relating to this Agreement, shall be decided by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect. The decision of the arbitrator shall be binding. The arbitrator is specifically granted authority and directed to award reasonable attorneys' fees, expenses and costs to the successful party. A court of competent jurisdiction may be used to enforce, but not to appeal or challenge, the arbitrators' decision including the award of attorneys' fees, expenses and costs. If it becomes necessary to enforce the arbitrators' decision at either the trial or appellate level, a reasonable attorney fee for the enforcement of the arbitrators' decision shall become an additional item of damages. Any suit between NEC and NEP must be brought in Washoe County, Nevada. NEC consents to personal jurisdiction in Nevada.
Dispute Arbitration. The Parties agree to cooperate and meet in order to resolve any disputes or controversies arising under this Agreement. Should they be unable to do so, then either may elect arbitration under the rules of the American Arbitration Association, and both Parties are obligated to proceed thereunder. Arbitration shall proceed in New York County, State of New York and the Parties agree to be bound by the arbitrator’s award, which may be filed in any state or federal court sitting in the State of New York. The prevailing Party shall be entitled to reimbursement for his attorney’s fees and all costs associated with arbitration. In any arbitration proceeding conducted pursuant to the provisions of this Section, both Parties shall have the right to conduct discovery, to call witnesses and to cross- examine the opposing Party’s witnesses, either through legal counsel, expert witnesses or both, and the provisions of the New York Civil Practice Law and Rules (Right to Discovery; Procedure and Enforcement) are hereby incorporated into this Agreement by this reference and made a part hereof.
Dispute Arbitration. 8.1 Any disputes that arise between the parties to this Agreement with respect to the performance of Services or otherwise under this Agreement or an SOW, Assignment or PO, that cannot be resolved by negotiation (or, if the parties so choose, mediation) within fifteen (15) days after written notice given by one party to the other of such a dispute, shall be submitted to binding arbitration to be held in San Diego, California in accordance with the then current rules of the American Arbitration Association.
8.2 The parties agree that the party losing any arbitration shall pay the identified costs, including reasonable attorney's fees and expenses, of any such arbitration and abide by any final arbitration decision, which decision shall bet enforceable through and by the courts of the State California or the United States of America.
Dispute Arbitration. That in the event of any dispute or difference arising between the parties hereto, the same will first be solved by both the parties by mutual settlement. If mutual settlement does not bring desired solution, then the matter will be referred to the arbitrators appointed in a manner hereinafter provided. The party raising the dispute shall serve a notice upon the other party advising that a dispute or difference has arisen and nominate in that notice its own arbitrator. The party receiving the notice shall, within 30 (thirty) days after receiving such notice, nominates its arbitrator by advising the party raising the dispute and the name of the arbitrator appointed by the other party. The arbitrators so appointed shall appoint an umpire if necessary, in terms of the rules and meaning of Arbitration Act (Act X of 2001). The award of the arbitrators or umpire as the case may be, shall be binding on both the parties. The venue of arbitration shall be decided by the arbitrators having regard to costs and convenience of the parties. All that piece and parcel of land measuring more or less more or less Ajutansha /………decimals but actual physical possession Ajutansha/ ….decimals o ……………… of land under District - ………, Sub-Registry Office - ……………., Police Station: ………………., Mouza - …………….., erstwhile X. X. No. ………., subsequent X. X. No. ……….., present X. X. No. …………, appertaining to C. S. Khatian No. …….., X. X. Xxxxxxx No. ………, Hall Khatian No. ……….., Current Survey Khatian No. D. P. ……………, C. S. Plot No. ……….., S. A. Plot No. Hal Plot No. …………., Current Survey Plot No. D. P. …………….., City Corporation Holding No. ……………………………., which is butted and bounded by as follows: