Dispute Resolution through Arbitration Sample Clauses

Dispute Resolution through Arbitration i) If the Dispute arising as per Article 16.2.1 is not amicably resolved & such dispute is not covered in Article 16.3.1(i), such Dispute shall be resolved by arbitration under the provisions of the Electricity Act, 2003 (as amended from time to time) as under: Proceedings as well as appointment of the arbitrator(s) shall be carried out by the Appropriate Commissions under the Electricity Xxx 0000 as amended from time to time. As stipulated by the said Electricity Xxx 0000, the said arbitration will take place as per the provisions of the Arbitration and Conciliation Xxx 0000 as amended from time to time. ii) The place of arbitration shall be Delhi. The language of the arbitration shall be English. iii) The Arbitration Tribunal’s award shall be substantiated in writing. The Arbitration Tribunal shall also decide on the costs of the arbitration proceedings and the allocation thereof. iv) The provisions of this Article shall survive the termination of this PPA for any reason whatsoever. v) The award shall be of majority decision. vi) Buyer shall be entitled to co-opt Buying Entity(ies) and / or the lenders (if any) as a supporting party in such arbitration proceedings.

Dispute Resolution through Arbitration. If the Dispute arises out of or in connection with any claims not covered in Article 16.3.1(i), such Dispute shall be resolved by arbitration under the Indian Arbitration and Conciliation Act, 1996 as under provided not settled amicably as per Article 16.

Dispute Resolution through Arbitration. 16.3.2.1 If the Dispute arises out of or in connection with any claims not covered in Article 16.3.1, such Dispute shall be resolved by arbitration under the Indian Arbitration and Conciliation Act, 1996 as under: i) The Arbitration Tribunal shall consist of three (3) arbitrators. Each party shall appoint one Arbitrator within 30 days of the receipt of request for settlement of dispute by Arbitration. The two appointed Arbitrators shall within 30 days of their appointment, appoint a third Arbitrator who shall act as presiding Arbitrator. In case the party fails to appoint an Arbitrator within 30 days from the date of receipt of request or the two appointed Arbitrator fails to agree on third Arbitrator within 30 days of their appointment, the appointment of Arbitrator, as the case may be, shall be made in accordance with the Indian Arbitration and Conciliation Act, 1996. ii) The place of arbitration shall be Lucknow. The language of the arbitration shall be English. iii) The Arbitration Tribunal‟s award shall be substantiated in writing. The Arbitration Tribunal shall also decide on the costs of the arbitration proceedings and the allocation thereof. iv) The provisions of this Article shall survive the termination of this PPA for any reason whatsoever. v) The award shall be of majority decision. If there is no majority, the award will be given by the presiding Arbitrator.

Dispute Resolution through Arbitration. If the Dispute arises out of or in connection with any claims not covered in Article 16.3.1(i), such Dispute shall be resolved by arbitration under the Indian Arbitration and Conciliation Act, 1996 as under provided not settled amicably as per Article 16. i) The Arbitration Tribunal shall consist of three (3) Arbitrators. Each party shall appoint one Arbitrator within 30 days of the receipt of request for settlement of dispute by Arbitration. The two appointed Arbitrators shall within 30 days of their appointment, appoint a third Arbitrator who shall act as presiding Arbitrator. In case the party fails to appoint an Arbitrator within 30 days from the date of receipt of request or the two appointed Arbitrator fails to agree on third Arbitrator within 30 days of their appointment, the appointment of Arbitrator, as the case may be, shall be made in accordance with the Indian Arbitration and Conciliation Act, 1996 ii) The place of arbitration shall be Delhi. The language of the arbitration shall be English. iii) The Arbitration Tribunal’s award shall be substantiated in writing. The Arbitration Tribunal shall also decide on the costs of the arbitration proceedings and the allocation thereof. iv) The provisions of this Article shall survive the termination of this PPA for any reason whatsoever. v) The award shall be of majority decision. If there is no majority, the award will be given by the presiding Arbitrator. vi) NTPC shall be entitled to co-opt Discoms as a supporting party in such arbitration proceedings.

Dispute Resolution through Arbitration. Any dispute arising out of or relating to the Agreement shall be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) according to its Commercial Arbitration Rules. The arbitration must be an attorney having experience and familiarity with similar disputes. The arbitration proceeding must occur in Glenwood, Georgia. Each party must bear its own costs relating to arbitration (including the costs of initiating arbitration), and the parties must equally divide the arbitrators’ fees. No arbitration award may provide any remedy beyond those permitted under this Agreement, and any award purporting to provide a remedy beyond those permitted under this Agreement must be vacated. No claim may be brought as a class action, combined or consolidated with any other proceeding, nor may any proceeding be pursued in a representative capacity or on behalf of a class. GTC may, without waiving any remedy under this Agreement, seek from any court of competent jurisdiction within the State of Georgia any interim or provisional relief that GTC deems necessary to protect its rights pending arbitration. GTC shall not be liable for any claim under this Agreement unless you submit such claim to arbitration as required by this Agreement within one year after you become aware or should have become aware of such claim. GTC’s liability for any claim shall in no event exceed the amount you have paid to GTC for Services for the prior six-month period.

Dispute Resolution through Arbitration. American and FedEx agree that if they cannot resolve the Dispute pursuant to the Negotiation Procedure or mediation as described in Section 13.04 above (the "Mediation") within ten (10) Business Days after the commencement of the first meeting of the Parties with the Mediation Panel, they will submit the Dispute to binding arbitration (the "Arbitration") pursuant to the New York Arbitration Statute and the American Arbitration Association's (the "AAA") Commercial Arbitration Rules as in effect at the time of the submission of the Dispute to the AAA (the "CAR"). American and FedEx shall submit the Dispute to the AAA for binding arbitration within five (5) Business Days after the unsuccessful conclusion of the Mediation Process. The arbitration shall take place (i) in Dallas, Texas or such other place as American, FedEx and the arbitrators assigned to the case shall agree and (ii) on such date and at such time as the arbitrators shall establish. The Dispute shall be arbitrated by a panel of three arbitrators (the "Panel") who shall, if possible, each be experienced in the aircraft industry and who shall be chosen in accordance with the CAR. The Panel shall issue a reasoned decision and award of damages, specific performance or injunction. American and FedEx agree to abide by and perform any award rendered by the Panel. American and FedEx intend that the Dispute will be resolved by application of the laws of the State of New York and that the Panel's authority to make any award in the arbitration of the Dispute shall be based on and limited by the laws of the State of New York, the terms and conditions of this Agreement and the CAR. The Panel's determination of facts shall be final and binding on American and FedEx if there is substantial evidence in the record of such arbitration to support such determination, it being the intention of the Parties

Dispute Resolution through Arbitration i) If the Dispute arising as per Article 16.2.1 is not amicably resolved & such dispute is not covered in Article 16.3.1(i), such Dispute shall be resolved by arbitration under the provisions of the Electricity Act, 2003 (as amended from time to time) as under: Proceedings as well as appointment of the arbitrator(s) shall be carried out by the Appropriate Commissions under the Electricity Xxx 0000 as amended from time to time. As stipulated by the said Electricity Xxx 0000, the said arbitration will take place as per the provisions of the Arbitration and Conciliation Xxx 0000 as amended from time to time.

Dispute Resolution through Arbitration. In the event that the parties are unable to resolve any dispute, controversy or claim relating to or arising under this Agreement, as stated above, the same shall be referred to be adjudicated by arbitration under the Arbitration and Conciliation Act, 1996. For the purpose of appointing the Sole Arbitrator referred to above, the Ap- pointing Authority will send within thirty days of receipt of the notice, to the SPD a panel of three names of persons. The SPD shall on receipt of the names as referred selected any one of the person names to be appointed as a sole Arbitrator and communicate his name to the Appointing Authority within thirty days of receipt of the names. The appointing Authority shall there upon without any delay appoint the said person as the Sole Arbitrator. If the SPD fails to communicate such selection as provided above within the period specified, the Appointing Authority shall make the selection and appoint the selected person as the sole Arbitrator. If the Arbitrator so appointed is unable or unwilling to act or resigns his appointment or vacate his office due to any reason whatsoever, Sole Arbitrator shall be appointed as aforesaid. The work under the Agreement shall, however continue during the arbitration proceed- ings. The Arbitrator shall be deemed to have entered on the reference on the date he issues notices to both the parties fixing the date of the first hearing. The Arbitrator may, from time to time, with the consent of the parties, enlarge the time for making and publishing the award. The Arbitrator shall give a sep- arate award in respect of each dispute or difference and shall give a reasoned and speaking award/ awards. The venue of arbitration shall be Vadodara. The fees, if any, of the Arbitrator shall, if required to be paid before the award is made and published be paid half and half by each of the parties. The costs of the reference and of the award including the fees, if any of the Arbitrator shall be in the discretion of the Arbitrator who may direct to and by whom and in what manner, such costs or any part thereof shall be paid may fix or settle the amount of costs to be so paid. The award of the arbitrator shall be final and binding on both the parties. Subject to aforesaid, the provisions of the Arbitration Act 1996 or any Statutory modification or re-enactment thereof and the rules made there un- der, and for the time being in force shall apply to the arbitration proceeding under this clause.

Dispute Resolution through Arbitration. 14.3.2.1 If the Dispute arises out of or in connection with any claims not covered in Article 14.3.1.1, such Dispute shall be resolved by arbitration under the Indian Arbitration and Conciliation Act, 1996 and the Rules of the Indian Council of Arbitration, in accordance with the process specified in this Article. In the event of such Dispute remaining unresolved as referred to in Article 14.2.1.3 hereof, any party to such Dispute may refer the matter to Registrar under the Rules of the Indian Council of Arbitration. i) The Arbitration Tribunal shall consist of three (3) arbitrators to be appointed in accordance with the Indian Council of Arbitration Rules ii) The place of arbitration shall be ……. [insert place]. The language of the arbitration shall be English. iii) The Arbitration Tribunal’s award shall be substantiated in writing. The Arbitration Tribunal shall also decide on the costs of the arbitration proceedings and the allocation thereof. iv) The provisions of this Article shall survive the termination of this PPA for any reason whatsoever.

Dispute Resolution through Arbitration. If the Dispute arising as per Article 16.2.1 is not amicably resolved & such dispute is not covered in Article 16.3.1(i), such Dispute shall be resolved by arbitration under the provisions of the Electricity Act, 2003 (as amended from time to time) as under: Proceedings as well as appointment of the arbitrator(s) shall be carried out by the Appropriate Commissions under the Electricity Xxx 0000 as amended from time to time. As stipulated by the said Electricity Act, 2003, the said arbitration will take place as per the provisions of the Arbitration and Conciliation Xxx 0000 as amended from time to time The place of arbitration shall be theJaipur. The language of the arbitration shall be English. The Arbitration Tribunal’s award shall be substantiated in writing. The Arbitration Tribunal shall also decide on the costs of the arbitration proceedings and the allocation thereof. The provisions of this Article shall survive the termination of this PPA for any reason whatsoever. The award shall be of majority decision. DISCOM shall be entitled to co-opt the lenders (if any) as a supporting party in such arbitration proceedings.