Disputes and Arbitration. Any dispute concerning a question of fact arising under this contract shall be disposed of by good faith negotiation between duly authorized representatives of the District, the Office of the State Auditor, and the Firm. Such a resolution shall be reduced to writing and a copy thereof mailed or furnished to the Firm and shall be final and conclusive.
Disputes and Arbitration. Any dispute concerning a question of fact arising under this contract shall be disposed of by good faith negotiation between duly authorized representatives of the County, the Office of the State Auditor, and the Firm. Such a resolution shall be reduced to writing and a copy thereof mailed or furnished to the Firm and shall be final and conclusive. If a resolution cannot be reached, the Firm shall mail or furnish to the Board of Supervisors of the County and the Office of the State Auditor a written request for review. The Firm shall be afforded an opportunity to be heard and to offer evidence in support of his/her/its position on the issue in dispute and under review. The review will be handled under a three (3) person panel for arbitration composed of the Deputy State Auditor, the Director of Technical Assistance and the Director of the Financial and Compliance Audit Division. The decision of the Arbitration Panel of the Office of the State Auditor on the review shall be final and conclusive unless determined by a court of competent jurisdiction in Hinds County, State of Mississippi, to have been fraudulent, capricious, or so grossly erroneous as necessarily to imply bad faith, or not be supported by substantial evidence. Pending final decision of a dispute hereunder, the Firm shall proceed diligently with the performance of the duties and obligations of the contract.
Disputes and Arbitration. In case of any dispute or difference between the parties to the contract either during progre~ s or after the completion of the works or after the determination, abandonment, or breach of contract or as to any matter or thing arising thereunder except a~ to the matters left to the sole discretion of the Super!ntending Engineer under Articles 7-4-9,7-4-11,7-4-17, 7-7-1 or as to the withholding by the Superintending Engineer of payment of any bill to which the contractor may claim to be entitled then either party shall forthwith give to the other notice of such dispute or difference and such dispute or difference shall be referred to the Arbitrator mentioned in the contractor and the award of such Arbitrator shall be final and binding on the parties, progre~s of work shall not be suspended or delayed on account of the reference of and dispute or difference to arbitration under this clause. Either party may within a perlod shall be fixed by the Arbitration file before the Arbitration a statement of the case arId also all documents relating to or having a bearing on the case. The Arbitrator shall not be bound to observe the ordinary rules of procedure applicable to trials before judicial tribunals nor to hear or receive formal evidence but may pass an award on the documents and statements of the case field by the parties or personal inspection or on both. The Arbitration shall have power to view the subject matter of he dispute with or without the parties or their agents to open review and revise any . certificate, opinion decision, requisition, or rlotice, save in regard to the matters expressly exempted an to determine all mat.erials in dispute which shall be submitted to him, and of which notice has been given as aforesaid, in the same manner as if no such certificate, opinion, decision, requisition or notice been ;. given. The expenses of such reference to Arbitration shall be awarded by the Arbitrator .in his discretion, subject to the .conditiorl that the amount of expenses awarded to either party shall not exceed the limits set-forth belqw, irrespective of the actual expenses incurred by either party, The Arbitration may determine the amount of expenses to be awarded or direct the same to be shared as between solicitor and client or as party and party, and shall direct by whom and to whom al"!d in what manner the same shall be borne and paid. The limits referred to in this clause are 5 percent monetary award which does not exceeds Rs.10,000, 3 percent o...
Disputes and Arbitration. 34.1 The Parties shall do their best to negotiate in good faith and settle amicably all disputes, controversies or differences which may arise between the Parties, out of or in relation to or in connection with this Agreement or any breach thereof. If such dispute cannot be settled amicably through ordinary negotiations by appropriate officers or directors of the Parties within a thirty (30) day period of being first referred, it shall be submitted for final resolution by arbitration in Tokyo in accordance with the Commercial Arbitration Rules of The Japan Commercial Arbitration Association. Any judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction therein. Any award rendered by the arbitrators may include costs against either Party, but under no circumstances are the arbitrators authorized or empowered to award special, punitive or multiple damages against either Party. The award of the arbitration shall be final and binding to the Parties.
34.2 The language to be used in the arbitral proceedings shall be English.
34.3 The arbitral tribunal (hereinafter the “Tribunal”) shall be composed of three (3) arbitrators, with each party appointing one arbitrator, and the two arbitrators so appointed appointing the third arbitrator who shall act as the presiding arbitrators of the Tribunal.
34.4 The Parties shall treat all matters relating to the arbitration as confidential. The Parties understand and agree that this confidentiality obligation extends to information concerning the fact of any request for arbitration, and any ongoing arbitration, as well as all matters discussed, discovered, or divulged, (whether voluntarily or by compulsion) during the course of such arbitration proceeding. Customer and Contractor shall execute this Agreement in duplicate and retain one copy each.
Disputes and Arbitration. Any dispute, controversy or claim arising out of or relating to this Agreement or the breach, termination or invalidity thereof which has not been resolved by the Parties within the time frames specified herein (or where no time frames are specified, within 15 days of the delivery of written notice by either Party of such dispute, controversy or claim) shall be referred to the chief executive officer of each of Banro and the Purchaser for prompt resolution. Any such dispute, controversy or claim which cannot be resolved by the chief executive officers within 15 days after it has been so referred to them hereunder, including the determination of the scope or applicability of this Agreement to arbitrate, shall be settled by binding arbitration in accordance with the rules for arbitration set out in Schedule F. The determination of such arbitrator shall be final and binding upon the Parties and there shall be no appeals from any determination of the arbitrator. Judgment on the award may be entered in any court having jurisdiction. This
Section 13.1 shall not preclude the Parties from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction. The Parties covenant and agree that they shall conduct all aspects of such arbitration having regard at all times to expediting the final resolution of such arbitration.
Disputes and Arbitration. 17.1 This Contract shall be executed by the Parties hereto in good faith, and in case any doubtful point is raised or any dispute occurs concerning the interpretation or performance of this Contract, such matters shall be settled through consultation of the Parties and the Consultant. Unless the Contract has already been abandoned, repudiated or terminated in accordance with Article 22 hereof, the Supplier shall continue to perform the Work in accordance with this Contract. If the Parties can not reach agreement within ***** (**) days from the date of the notice informing the occurrence of such matters, JICA will offer its suggestion for the settlement of the matter.
17.2 In the event that an amicable settlement cannot be reached through consultation referred to in the Sub-Paragraph 17.1 above, the matter shall be referred to arbitration. The arbitration shall be conducted in accordance with the Rules of Arbitration of the International Chamber of Commerce.
17.3 The arbitration shall be conducted in (例：English;１言語に限定)
17.4 The place of arbitration shall be (place of arbitration, 地名・国名を明記 例：Tokyo, Japan/Paris, French Republic).（１箇所のみ指定）（この部分の国名は略式名も可）
17.5 The arbitral award shall be final and binding upon the Parties hereto and the Parties shall comply in good faith with the decision. Judgment upon the award may be entered in any court having jurisdiction or application may be made to such court for juridical acceptance of the award or order of enforcement as the case may be.
17.6 As for fees for all proceedings for arbitration, each Party shall bear the costs of his own arbitrator’s service and an equal share of the costs for the third arbitrator.
Disputes and Arbitration. 13.1 If you fail to make any Payments under this Agreement, we may at our election instigate and commence proceedings against you without first complying with this Clause 13.
13.2 Either party may seek urgent interlocutory relief in relation to the actions of the offending party under this Agreement without first complying with Clause 13.
13.3 This Clause 13 shall not apply to any breaches by you of Clause 11.3.
13.4 Unless sub-Clauses 13.1 to 13.3 apply, if a dispute arises out of, or in relation to, this Agreement (including any dispute as to breach or termination of this Agreement) a party may not commence court proceedings relating to such dispute unless:
13.4.1 the party claiming the dispute has arisen has given written notice to the other party specifying the nature of the dispute (a “Dispute Notice”); and
13.4.2 the Parties first endeavour in good faith to resolve the matters stated in the Dispute Notice expeditiously using the mediation process, applying the procedures, and within the timeframes, which have been stipulated in sub-Clauses 13.5 to 13.7.
13.5 Upon service of a Dispute Notice the Parties shall jointly agree upon a mediator and the mediator’s remuneration within the jurisdiction under Clause 13.6. If the Parties fail to agree and appoint a mediator within 14 days of the service of a Dispute Notice (or such other further extension agreed by the Parties in writing) either party may ask the President of the Law Society of England and Wales to appoint an independent mediator on behalf of the Parties.
13.6 Mediation shall be conducted in accordance with, and under, this Clause 13 by reference to the provisions of this Agreement.
13.7 The Parties shall observe the instructions of the appointed mediator regarding the agreed terms of, and conduct of the mediation, and seek to resolve the dispute with the assistance of the mediator within the time-frame proposed by the mediator, or in the absence of any such proposed and agreed time-frame, within a period of 30 Business Days of appointment of the mediator (or such other period from appointment as shall be agreed in writing by the Parties) (the “Agreed Time-frame”).
13.8 If no terms are agreed regarding the appointment of the mediator under sub-Clause 13.5, or the Dispute is not resolved within the Agreed Timeframe, then the non-offending party may commence court proceedings.
13.9 The costs of the mediator will be borne equally by the Parties (unless agreed in writing otherwise between them).
13....
Disputes and Arbitration. In the event of a dispute related to this Agreement, the parties agree to the following:
a. Binding Arbitration. Member and Company agree to submit any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to this Agreement and/or Member’s use of the Services (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) to binding arbitration rather than by filing any lawsuit in any forum other than set forth in this section. Further Member agrees arbitration is final and binding and subject to only very limited review by a court. Member also waives the right to any form of appeal, review or recourse to any court or other judicial authority, insofar as such waiver may be validly made. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to this Agreement and/or Member’s use of the Services.
Disputes and Arbitration. In the event of a dispute related to this Agreement, the parties agree to the following:
a. Binding Arbitration. Member and Company agree to submit any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to this Agreement and/or Member’s use of the Services (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) to binding arbitration rather than by filing any lawsuit in any forum other than set forth in this section. Further Member agrees arbitration is final and binding and subject to only very limited review by a court. Member also waives the right to any form of appeal, review or recourse to any court or other judicial authority, insofar as such waiver may be validly made. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to this Agreement and/or Member’s use of the Services.
b. Arbitration Procedures. Member must first present any claim or dispute to Company by contacting Company to allow an opportunity to resolve the dispute through good faith discussions. Member may request arbitration if Member’s claim or dispute cannot be resolved within 90 days after presenting the claim or dispute to Company. Company may request arbitration against Member at any time after it has notified Member of a claim or dispute. The arbitration of any dispute or claim shall be conducted in accordance with the then current and applicable rules of JAMS as modified by this Agreement. The place of any arbitration will be West Palm Beach, FL, USA, and will be conducted in the English language. Claims will be heard by a single arbitrator. The arbitrator may not award relief in excess of or contrary to what this Agreement provides, order consolidation or arbitration on a class wide or representative basis, award punitive or consequential damages or any other damages aside from the prevailing party’s actual damages, or order injunctive or declaratory relief, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Any arbitration shall be confidential, and neither Member, nor Company nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may...
Disputes and Arbitration. 15.1 Any dispute, action, claim or controversy of any kind arising from or in connection with this Contract (the “Dispute”) whether based on contract, tort, common law, equity, statute, regulation, order or otherwise, shall be resolved as follows:
(i) Upon written request of any Party, the Parties shall meet and attempt to resolve any such Dispute. Such meetings may take place via teleconference or videoconference. The Parties shall meet as often as the Parties reasonably deem necessary to discuss the problem in an effort to resolve the Dispute without the necessity of any formal proceeding.
(ii) Formal proceedings for the resolution of a Dispute may not be commenced until the later of (i) the Parties concluding in good faith that amicable resolution through continued negotiation of the matter does not appear likely; or (ii) the expiration of a sixty (60) day period immediately following the initial request by either party to resolve the Dispute; provided, however, that this Section will not be construed to prevent a party from instituting formal proceedings earlier to avoid the expiration of any applicable limitations period, to preserve a superior position with respect to other creditors or to seek temporary or preliminary injunctive relief.
15.2 If the parties are unable to resolve any Dispute pursuant Section 15.1, shall be finally settled under the Rules of Arbitration (the “Rules”) of the International Chamber of Commerce (“ICC”) by three (3) arbitrators designated by the parties. Each party shall designate one arbitrator. The third arbitrator shall be designated by the two arbitrators designated by the parties. If either party fails to designate an arbitrator within thirty (30) days after the filing of the Dispute with the ICC, such arbitrator shall be appointed in the manner prescribed by the Rules. An arbitration proceeding hereunder shall be conducted in London UK and shall be conducted in the English language. The decision or award of the arbitrators shall be in writing and is final and binding on both parties. The arbitration panel shall award the prevailing party its attorneys’ fees and costs, arbitration administrative fees, panel member fees and costs, and any other costs associated with the arbitration, the enforcement of any arbitration award and the costs and attorney’s fees involved in obtaining specific performance of an award; provided, however, that if the claims or defenses are granted in part and rejected in part, the arbitration pa...
