Common use of DISPUTE RESOLUTION Amicable Settlement Clause in Contracts

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 Xxxxxx 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. In case of any difference or dispute, both Parties shall attempt to settle the difference or dispute amicably before the commencement of Arbitration. Arbitration: Except where otherwise provided for in the Work Order / Subcontract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Work Order / Subcontract, designs drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same whether arising during the course of the work or after the completion or abandonment thereof; after written notice by either Party to the Work Order / Subcontract, shall be referred to the sole arbitration of a person to be appointed by the Chairman and Managing Director or Chairman or Vice Chairman of the Company. 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 Xxxxxx 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. 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 Director, Xxxxxx India Limited. There will be no objection if the arbitrator so appointed is an employee of Xxxxxx India Limited and that he had to deal with the matters to which the Work Order / Subcontract relates and that in the course of his duties with the matters as such he had expressed views on all or Chairman or Vice Chairman any of the Companymatters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reason as aforesaid at the time of such transfer, vacation of office or inability to act, Chairman and Managing Director, Xxxxxx India Limited shall appoint another person to act as arbitrator in accordance with the terms of the Contract. It is also a term of the Work Order / Subcontract this Contract that no person other than a person appointed by Chairman and Managing Director or Chairman or Vice Chairman of the Company Director, Xxxxxx India Limited as aforesaid should act as arbitratorarbitrator and if for any reason, that is not possible, the matter is not be referred to arbitration at all. 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, if reasonably possible, 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 arbitration shall be shared equally borne by the parties to the dispute, as may be decided by the arbitrator. 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 Xxxxxx 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’.