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.
Appears in 6 contracts
Samples: Modeling Study Agreement, Service Agreement, Service Agreement
Disputes and Arbitration. 34.1 The Parties shall do their best to negotiate in good faith and settle amicably all disputes(a) Any dispute, controversies controversy or differences which may arise between the Parties, claim arising out of or in relation relating to or in connection with this Agreement or the breach, termination or invalidity thereof, between the GOVERNMENT and the parties shall be referred to the jurisdiction of the appropriate courts of A.R.E. to settle any breach thereof. If such dispute cannot arising on the interpretation or the execution of any term of this Agreement.
(b) Any dispute, controversy or claim arising out of or relating to this Agreement, or breach, termination or invalidity thereof between EGPC and CONTRACTOR shall 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 the Cairo Regional Center for International Commercial Arbitration Association. Any judgment upon (the award rendered by Center) in effect on the arbitrators may be entered date of this Agreement, the approval of the Minister of Petroleum is provided 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 case EGPC only turn to award special, punitive or multiple damages against either Partyarbitration. The award of the arbitration arbitrators shall be final and binding to on the Partiesparties.
34.2 (c) The language to be used in the arbitral proceedings number of arbitrators shall be English.
34.3 The arbitral tribunal (hereinafter the “Tribunal”) shall be composed of three (3).
(d) arbitrators, with each Each party appointing shall appoint one arbitrator. If, and within thirty (30) days after receipt of the claimant's notification of the appointment of an arbitrator the respondent has not notified the claimant in writing of the name of the arbitrator he appoints, the claimant may request the Center to appoint the second arbitrator.
(e) The two arbitrators so thus appointed appointing shall choose the third arbitrator who shall will act as the presiding arbitrators arbitrator of the Tribunal.
34.4 The Parties tribunal. If within thirty (30) days after the appointment of the second arbitrator, the two arbitrators have not agreed upon the choice of the presiding arbitrator, then either party may request the Secretary General of the Permanent Court of Arbitration at the Hague to designate the appointing authority. Such appointing authority shall treat all matters relating to appoint the arbitration presiding arbitrator in the same way 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.a sole arbitrator would be appointed under Article 6.3
Appears in 3 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Disputes and Arbitration. 34.1 The Parties shall do their best If any dispute should arise after Closing concerning performance under or interpretation of this Agreement, then, prior to, and as a condition to negotiate in good faith and settle amicably all disputeseither Seller’s or Buyer’s right to initiate any arbitration action, 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 will take the following steps in an attempt to informally resolve any such dispute:
(a) The initiating party to the dispute shall provide the other party thirty (30) day period days written notice of being first referredthe dispute and opportunity to cure.
(b) If the dispute remains after the thirty (30) days written notice and cure period, it then within thirty (30) days of the request of either party, the parties shall participate in non-binding mediation with a mutually agreeable mediator at a mutually agreeable date, time and location.
(c) If any such dispute remains unresolved after the parties have attended mediation pursuant to Section 10(b), then either party may initiate an arbitration proceeding.
(d) The Parties agree that if they are unable to resolve any controversy that arises under this Agreement post-Closing as contemplated by this Section 10, then such controversy and any ancillary claims not so resolved will be submitted for final resolution by to mandatory and binding arbitration in Tokyo in accordance with the Commercial Arbitration Rules rules of The Japan Commercial the American 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 therein shall be final and binding to on each and all of the Parties.
34.2 The language to , and judgment may be used entered thereon in the arbitral proceedings a court of competent jurisdiction Seller and Buyer shall be English.
34.3 The arbitral tribunal (hereinafter the “Tribunal”) shall be composed appoint a maximum of three (3) arbitrators, with each party appointing . Seller shall appoint one arbitrator and Buyer shall appoint one arbitrator. Each of these arbitrators shall appoint the third. If any Party fails to appoint an arbitrator, and the two arbitrators so appointed appointing the third arbitrator who shall act as the presiding arbitrators President or Chairman 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, discoveredAmerican Arbitration Association, or divulgedhis authorized subordinate, (whether voluntarily shall appoint such arbitrator or by compulsion) during the course of such arbitration proceedingarbitrators. Customer and Contractor shall execute this Agreement in duplicate and retain one copy each.Seller Buyer
Appears in 2 contracts
Samples: Stock Purchase Agreement (Video Display Corp), Stock Purchase Agreement (Video Display Corp)
Disputes and Arbitration. 34.1 30.1 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 judgement 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 30.2 The language to be used in the arbitral proceedings shall be English.
34.3 30.3 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 arbitrator of the Tribunal.
34.4 30.4 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.. For and on behalf of Japan Oil, Gas and Metals National Corporation Xxxxx Xxxxxx Executive Director, Member of the Board Japan Oil, Gas and Metals National Corporation For and on behalf of [ ] [ ] [ ]
1. Contents of Services
2. Schedule
Appears in 1 contract
Samples: Commission Agreement
Disputes and Arbitration. 34.1 39.1 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 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 punitive, or multiple damages against either Party. The award of the arbitration shall be final and binding to the Parties.
34.2 39.2 The language to be used in the arbitral proceedings shall be EnglishJapanese.
34.3 39.3 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 39.4 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.Special Provisions for Ensuring Information Security (herein referred to as “Special Provision”)
Appears in 1 contract
Samples: Engineering Study Agreement
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. <Remainder intentionally left blank> Customer and Contractor shall execute this Agreement in duplicate and retain one copy each.. For and on behalf of Japan Oil, Gas and Metals National Corporation XXXXX Xxxxxxxxx Executive Vice President Japan Oil, Gas and Metals National Corporation Date For and on behalf of “Company name” Name Title Date For avoidance of doubt, This EXHIBIT A – Scope of Work shall form part of the Agreement on [ ] (Contract No. [ ])(hereinafter referred to as the “Agreement”) and shall be read as one document. All capitalized terms not defined in this EXHIBIT AScope of Work shall have the meanings ascribed to them in the Agreement. Any interpretation of data or interpretation of test or other data, and any recommendations or reservoir description based upon such interpretations, are opinions based upon inferences from measurements and empirical relationships and assumptions, which inferences and assumptions are not infallible, and with respect to which professional geophysicists or analysts may differ. Accordingly, Contractor cannot and does not warrant the accuracy, correctness or completeness of any such interpretation, recommendation or reservoir description. JOGMEC has full responsibility for all such decisions and for all decisions concerning other procedures relating to the drilling, production or any other of JOGMEC’s operations. The use and delivery of the services, Deliverables (or any output from Contractor’s Services) in Cuba, North Korea, North Sudan, Syria, Iran or other countries that are subject to United States, United Nations, European Union or other similar trade sanctions/embargoes, is prohibited. The transfer of JOGMEC’s data across jurisdictions may be prohibited. JOGMEC is responsible for complying with all applicable trade control and data residency regulations. Due to the nature of this technically novel Study which may require the innovative solutions to draw and achieve the effect and meaningful result that will benefit both JOGMEC and Contractor, the following term will be applied:
Appears in 1 contract
Samples: Contract Agreement