DISPUTE RESOLUTION Amicable Settlement Clause Samples
POPULAR SAMPLE Copied 37 times
DISPUTE RESOLUTION Amicable Settlement. In case of any difference or dispute, both Parties shall attempt to settle the difference or dispute amicably before the commencement of Arbitration. If the person so appointed is unable or unwilling to act, as the sole arbitrator, some other person wiling to act as such arbitrator shall be appointed by the Chairman and Managing Director or Chairman or Vice Chairman of the Company. It is also a term of the Work Order / Subcontract that no person other than a person appointed by Chairman and Managing Director or Chairman or Vice Chairman of the Company as aforesaid should act as arbitrator. It is a term of the Work Order / Subcontract that the Party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under this Clause together with the amount or amounts claimed in respect of each such dispute. The arbitrator may from time to time with consent of the Parties enlarge the time, for making and publishing the award. The work under the Work Order / Subcontract shall, continue during the arbitration proceedings. The Arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the Parties fixing the date of the first hearing. The Arbitrator shall give a separate award in respect of each difference or dispute referred to it. The venue of arbitration shall be Mumbai. The court at Mumbai shall have exclusive Jurisdiction regarding the disputes engendered out of this Subcontract / Work Order. The award of the arbitrator shall be final, conclusive and binding on all Parties to this Work Order / Subcontract. The cost and expenses of Arbitration proceedings shall be shared equally by the parties Subject as aforesaid, the provisions of the Arbitration and Conciliation Act, 1996, or any statutory modification or re-enactment thereof and the rules made thereunder and for the time being in force shall apply to the arbitration proceeding under this Clause. These General Conditions of Work Order shall be read in conjunction with the Special Conditions, if any and shall form an integral and binding part of the Work Order placed on the Subcontractor or Subcontract Agreement signed with the ‘Subcontractor’ by ▇▇▇▇▇▇ Engineers and Contractors Private Limited (hereinafter referred to as the Main Contractor or the Company) and collectively referred as Parties for the execution of the ‘Subcontract Works’.
DISPUTE RESOLUTION Amicable Settlement i) The dispute between the distribution franchisee and the consumer of the distribution licensee shall be adjudicated by the Appropriate Forum for redressal of the grievances as specified in PSERC (Forum & Ombudsman) Regulations, 2016, as amended from time to time.
ii) In case of any dispute between the distribution licensee and the distribution franchisee, the matter shall be attempted to be resolved by means of mutual negotiation and amicable resolution. Upon failure of such resolution within a period of 30 days, all such disputes and differences shall be adjudicated by means of arbitration by a sole arbitrator to be mutually agreed to by the parties, failing which, arbitrator may be appointed by the competent court. The arbitration proceedings shall be governed by the Arbitration and Conciliation Act, 1996. The place of arbitration shall be Chandigarh/Patiala and the language of Arbitration shall be English.
DISPUTE RESOLUTION Amicable Settlement a. In case of any dispute between distribution licensee and DF, matter shall first attempted to be resolved by means of mutual negotiation and amicable resolution and upon failure of such amicable resolution within a period of 30 days, all such disputes and differences shall be adjudicated by Appropriate Forum for redressal of their grievances as specified in PSERC (Forum & Ombudsman) Regulations, 2016, as amended from time to time.
b. Both the parties shall continue to perform their respective obligations during the conduct of the dispute Settlement procedure.
DISPUTE RESOLUTION Amicable Settlement. 46.1. The Parties shall use their best efforts to settle amicably all disputes arising out of or in connection with this Agreement.
46.2. A written notice of the existence of a Dispute shall be given by a Party to another Party. In the event that no agreements are reached within sixty days (60) after the date on which a Party notifies the other that a Dispute exists, or such longer period as specifically agreed by the Parties in writing, any Party shall have the right to have such Dispute determined by expert determination or arbitration as provided for in this Article. Notwithstanding the above, such period of negotiation is not required where the running of the time period may bar access to arbitration.
46.3. Any Dispute arising out of or in connection with this Agreement may be referred to a sole expert, by a Party giving notice to such effect. The sole expert shall be requested to issue an opinion for use by the Parties in an effort to settle any such Dispute.
46.4. The sole expert shall be appointed by agreement between the Parties, and in the event the Parties fail to agree on the sole expert within forty-five (45) days after receipt of the written notice from any Party proposing the appointment of a sale expert, such expert shall be appointed by the International Chamber of Commerce ("ICC") in accordance with its Rules for the Appointment of Experts and Neutrals. A sole expert shall be an independent and impartial person of international standing with relevant qualifications and experience.
46.5. The expert, once appointed, shall have no ex parte communications with any of the parties to the Dispute concerning the expert determination or the underlying Dispute. The Parties shall cooperate fully in the expeditious conduct of such expert determination and provide the expert with access to all facilities, books, records, documents, information and personnel necessary to make a fully informed decision in an expeditious manner.
46.6. The sole expert shall act as an expert and not as an arbitrator or mediator and shall endeavour to provide an opinion on the Dispute within thirty (30) days of his/her appointment, but no later than sixty (60) days after his/her appointment. The sole expert shall decide the manner in which any determination is made, but in any event shall accept oral and/or written submissions and arguments from the Parties.
46.7. The decision of the sole expert on matters referred to him shall not be final and binding on the Parties and the...