Common use of Dispute Resolution through Arbitration Clause in Contracts

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.

Appears in 2 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement

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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 NVVN shall be entitled to co-opt Discoms as a supporting party in such arbitration proceedings.

Appears in 1 contract

Samples: Power Purchase Agreement

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 below not settled amicably as per Article 16.Article16.2.1: 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 Buyer shall be entitled to co-opt Discoms as a supporting party in such arbitration proceedings.

Appears in 1 contract

Samples: Power Purchase Agreement

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 Electricity Department Daman shall be entitled to co-opt Discoms as a supporting party in such arbitration proceedings.

Appears in 1 contract

Samples: Power Purchase Agreement

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Dispute Resolution through Arbitration. i. If the Dispute arises out of or in connection with any claims not covered in Article 16.3.1(i12.3.1i), 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.under: i) The Arbitration Tribunal shall consist of three (3) Arbitratorsarbitrators. Each party shall appoint one Arbitrator within 30 thirty (30) days of the receipt of request for settlement of dispute by Arbitration. The two appointed Arbitrators shall within 30 thirty (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 thirty (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 PSA 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.

Appears in 1 contract

Samples: Power Sale Agreement

Dispute Resolution through Arbitration. i. If the Dispute arises out of or in connection with any claims not covered in Article 16.3.1(i12.3.1i), 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.under: i) The Arbitration Tribunal shall consist of three (3) Arbitratorsarbitrators. Each party shall appoint one Arbitrator within 30 thirty (30) days of the receipt of request for settlement of dispute by Arbitration. The two appointed Arbitrators shall within 30 thirty (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 thirty (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 pronounced 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 PSA 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.

Appears in 1 contract

Samples: Power Sale Agreement

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