Common use of Ex Aequo et Xxxx Arbitration Clause in Contracts

Ex Aequo et Xxxx Arbitration. Any and all Technical Disputes that cannot be directly settled by the Parties within the direct negotiation period must be submitted to ex aequo et xxxx arbitration, in accordance with Section 3 of Article 57 in Legislative Decree 1071, in which the arbitrators will resolve according to their knowledge and faithful judgment and understanding. The arbitrators may be national or foreign experts, but in all cases they must have extensive experience regarding the Technical Controversy, and should have no conflict of interest with any of the Parties at the time and after their designation as such. The Arbitral Tribunal may request from the Parties such information as it may deem necessary to resolve the Technical Controversy known to it, and as a consequence may submit to the Parties a conciliation proposal, which may or may not be accepted by the Parties. The Arbitral Tribunal may exercise all evidentiary means and may request to submit the evidentiary means it deems necessary to resolve the claims raised. The Arbitral Tribunal shall prepare a preliminary decision to notify the Parties within thirty

Appears in 3 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

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Ex Aequo et Xxxx Arbitration. Any and all Technical Disputes that cannot be directly settled by the Parties within the direct negotiation period must be submitted to ex aequo et xxxx arbitration, in accordance with Section 3 of Article 57 in Legislative Decree 1071, in which the arbitrators will resolve according to their knowledge and faithful judgment and understanding. The arbitrators may be national or foreign experts, but in all cases cases, they must have extensive experience regarding the Technical Controversy, and should have no conflict of interest with any of the Parties at the time and after their designation as such. The Arbitral Tribunal may request from the Parties such information as it may deem necessary to resolve the Technical Controversy known to it, and as a consequence consequently may submit to the Parties a conciliation proposal, which may or may not be accepted by the Parties. The Arbitral Tribunal may exercise all evidentiary means and may request to submit the evidentiary means it deems necessary to resolve the claims raised. The Arbitral Tribunal shall prepare a preliminary decision to notify the Parties within thirty

Appears in 1 contract

Samples: Concession Agreement

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