Common use of Disputes and Arbitration Clause in Contracts

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 panel shall proportionately allocate between the parties those arbitration expenses in accordance with the outcomes; provided, further, that the attorney’s fees and costs of enforcing a specific performance arbitral award shall always be paid by the non-enforcing party, unless the applicable action was determined to be without merit by final, non-appealable decision. The arbitration panel may only award damages as provided for under the terms of this Agreement and in no event may punitive, consequential and special damages be awarded. In the event of any conflict between the Rules and any provision of this contract, this Contract shall govern.

Disputes and Arbitration. 15.1 Any dispute, action, claim 22.1 In the event of a dispute under this Agreement 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 PartyOrder issued hereunder, the Parties shall meet and attempt to resolve any settle their difference in an amicable manner. However, in the event that a settlement cannot be made under this Agreement within a reasonable period of time, the Parties agree to institute arbitration proceedings in the manner provided in the following Arbitration provision and such Dispute. Such meetings may take place via teleconference or videoconferencedisputes shall finally be settled thereby, unless otherwise agreed between the Purchaser and NFP Organisation. 22.1.1 NFP Organisation agrees to submit to the Arbitration Tribunal only such issues, facts, evidence and proof which NFP Organisation had beforehand identified and submitted to the Purchaser for decision. The Parties jurisdictional authority of the Arbitration Tribunal shall meet as often as be restricted to consider only those identical issues, facts, evidence and proof so identified and submitted to the Parties reasonably deem necessary to discuss the problem in an effort to resolve the Dispute without the necessity of any formal proceedingPurchaser. 22.1.2 The party instituting the arbitration proceedings shall advise the other party by registered letter, with official notice of delivery, of his desire to have recourse to arbitration. Within a period of 30 (iithirty) Formal proceedings for days from the resolution date of a Dispute may not receipt of this letter, the parties shall jointly appoint an arbitrator. In the event of failure to appoint an arbitrator the dispute or disputes shall be commenced until submitted to an Arbitration Tribunal consisting of three arbitrators, one being appointed by the later of (i) Purchaser, another by NFP Organisation and the Parties concluding in good faith that amicable resolution through continued negotiation third, who shall act as President of the matter does not appear likely; or Tribunal, by these two arbitrators. Should one of the parties fail to appoint an arbitrator during the 15 (iififteen) days following the expiration of a sixty the first period of 30 (60thirty) day period immediately days, or should the two arbitrators be unable to agree on the choice of the third member of the Arbitration Tribunal within 30 (thirty) days 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 the said first period, to preserve a superior position with respect to other creditors or to seek temporary or preliminary injunctive reliefthe appointment shall be made, within 21 (twenty-one) days, at the request of the party instituting the proceedings, by the Secretary General of the Permanent Court of Arbitration at The Hague. 15.2 If 22.1.3 Regardless of the parties are unable procedure concerning the appointment of this Arbitration Tribunal, the third arbitrator will have to resolve be of a nationality different from the nationality of the other two members of the Tribunal. 22.1.4 Any arbitrator must be of the nationality of any Dispute pursuant Section 15.1one of the NATO Member Nations and shall be bound by the rules of security in force within NATO. 22.1.5 Any person appearing before the Arbitration Tribunal in the capacity of an expert witness shall, if he is of the nationality of one of the NATO Member Nations, be bound by the rules of security in force within NATO; if he is of another nationality, no NATO classified documents or information shall be communicated to him. 22.1.6 An arbitrator who, for any reason whatsoever, ceases to act as an arbitrator, shall be finally settled replaced under the Rules of procedure laid down in paragraph 22.1.2 above. 22.1.7 The Arbitration (Tribunal will take its decisions by a majority vote. It shall decide where it will meet and, unless it decides otherwise, shall follow the “Rules”) arbitration procedures of the International Chamber of Commerce (“ICC”) by three (3) arbitrators designated by in force at the parties. Each party shall designate one arbitrator. date of signature of the present Agreement. 22.1.8 The third awards of the arbitrator or of the Arbitration Tribunal shall be designated by final and there shall be no right of appeal or recourse of any kind. These awards shall determine the two arbitrators designated by the parties. If either party fails to designate an arbitrator within thirty (30) days after the filing apportionment of the Dispute with the ICC, such arbitrator arbitration expenses. 22.2 The place of arbitration shall be appointed Brussels, Belgium, in the manner prescribed by the Rules. An arbitration proceeding hereunder shall be conducted in London UK case of dispute under this Agreement or under any subsequent Order between NFP Organisation and NCI Agency, and shall be conducted the country of the Purchaser in the English language. The decision or award case 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, a dispute between NFP Organisation and any other costs associated with the arbitrationPurchaser, 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 panel shall proportionately allocate unless otherwise agreed between the parties those arbitration expenses in accordance with the outcomes; provided, further, that the attorney’s fees Purchaser and costs of enforcing a specific performance arbitral award shall always be paid by the non-enforcing party, unless the applicable action was determined to be without merit by final, non-appealable decision. The arbitration panel may only award damages as provided for under the terms of this Agreement and in no event may punitive, consequential and special damages be awarded. In the event of any conflict between the Rules and any provision of this contract, this Contract shall governNFP Organisation.

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 Party to resolve the Dispute; provided, however, that this Section will not be construed to prevent a party 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 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 (the “ICC”) by three (3) arbitrators designated by the partiesParties. Each party Party shall designate one arbitrator. The third arbitrator shall be designated by the two arbitrators designated by the partiesParties. If either party 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 The seat of an arbitration proceeding hereunder shall be conducted in London UK Singapore and such arbitration proceeding 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 partiesParties. The arbitration panel shall award the prevailing party 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 panel shall proportionately allocate between the parties Parties those arbitration expenses in accordance with the outcomes; provided, further, that the attorney’s fees and costs of enforcing a specific performance arbitral award shall always be paid by the non-enforcing partyParty, unless the applicable action was determined to be without merit by final, non-appealable decision. The arbitration panel may only award damages as provided for under the terms of this Agreement Contract and in no event may award punitive, consequential and special damages be awardeddamages. In the event of any conflict between the Rules and any provision of this contractContract, this Contract shall govern.

Disputes and Arbitration. 15.1 Any dispute, action, claim ‌ 13.1 In the event of a dispute under this Agreement 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 PartyOrder issued hereunder, the Parties shall meet and attempt to resolve any settle their difference in an amicable manner. However, in the event that a settlement cannot be made under this Agreement within a reasonable period of time, the Parties agree to institute arbitration proceedings in the manner provided in the following Arbitration provision and such Dispute. Such meetings may take place via teleconference or videoconferencedisputes shall finally be settled thereby, unless otherwise agreed between the Purchaser and the NFP Organization. 13.1.1 The NFP Organization agrees to submit to the Arbitration Tribunal only such issues, facts, evidence and proof which the NFP Organization had beforehand identified and submitted to the Purchaser for decision. The jurisdictional authority of the Arbitration Tribunal shall be restricted to consider only those identical issues, facts, evidence and proof so identified and submitted to the Purchaser. 13.1.2 The Party instituting the arbitration proceedings shall advise the other Party by registered letter, with official notice of delivery, of its desire to have recourse to arbitration. Within a period of thirty (30) days from the date of receipt of the letter, the Parties shall meet jointly appoint an arbitrator. In the event of failure to appoint an arbitrator the dispute or disputes shall be submitted to an Arbitration Tribunal consisting of three arbitrators, one being appointed by the Purchaser, another by the NFP Organization and the third, who shall act as often as President of the Tribunal, by these two arbitrators. Should one of the Parties reasonably deem necessary fail to discuss appoint an arbitrator during the problem in an effort to resolve the Dispute without the necessity of any formal proceeding. fifteen (ii15) 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) days following the expiration of a sixty the first period of thirty (6030) day period immediately days, or should the two arbitrators be unable to agree on the choice of the third member of the Arbitration Tribunal within thirty (30) days 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 the said first period, to preserve a superior position with respect to other creditors or to seek temporary or preliminary injunctive reliefthe appointment shall be made, within twenty-one (21) days, at the request of the party instituting the proceedings, by the Secretary General of the Permanent Court of Arbitration at The Hague. 15.2 If 13.1.3 Regardless of the parties procedure concerning the appointment of this Arbitration Tribunal, the third arbitrator will have to be of a nationality different from the nationality of the other two members of the Tribunal. 13.1.4 Any arbitrator must be of the nationality of any one of the NATO Member Nations and shall be bound by the rules of security in force within NATO. 13.1.5 Any person appearing before the Arbitration Tribunal in the capacity of an expert witness shall, if they are unable of the nationality of one of the NATO Member Nations, be bound by the rules of security in force within NATO; if they are of another nationality, no NATO classified documents or information shall be communicated to resolve them. 13.1.6 An arbitrator who, for any Dispute pursuant Section 15.1reason whatsoever, ceases to act as an arbitrator, shall be finally settled replaced under the Rules of procedure laid down in Paragraph 13.1.2 above. 13.1.7 The Arbitration (Tribunal will take its decisions by a majority vote. It shall decide where it will meet and, unless it decides otherwise, shall follow the “Rules”) arbitration procedures of the International Chamber of Commerce (“ICC”) by three (3) arbitrators designated by in force at the parties. Each party shall designate one arbitrator. date of signature of the present Agreement. 13.1.8 The third awards of the arbitrator or of the Arbitration Tribunal shall be designated by final and there shall be no right of appeal or recourse of any kind. These awards shall determine the two arbitrators designated by the parties. If either party fails to designate an arbitrator within thirty (30) days after the filing apportionment of the Dispute with the ICC, such arbitrator arbitration expenses. 13.2 The place of arbitration shall be appointed Brussels, Belgium, in the manner prescribed by case of dispute under this Agreement or under any subsequent Order between the Rules. An arbitration proceeding hereunder shall be conducted in London UK NFP Organization and the NCI Agency, and shall be conducted the country of the Purchaser in the English language. The decision or award case of a dispute between 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, NFP Organization and any other costs associated with Purchaser, unless otherwise agreed between the arbitration, the enforcement of any arbitration award Purchaser 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 panel shall proportionately allocate between the parties those arbitration expenses in accordance with the outcomes; provided, further, that the attorney’s fees and costs of enforcing a specific performance arbitral award shall always be paid by the non-enforcing party, unless the applicable action was determined to be without merit by final, non-appealable decision. The arbitration panel may only award damages as provided for under the terms of this Agreement and in no event may punitive, consequential and special damages be awarded. In the event of any conflict between the Rules and any provision of this contract, this Contract shall governNFP Organization.