Common use of How Disputes Are Death With Clause in Contracts

How Disputes Are Death With. 25.2.1 Any dispute or difference in connection with the Agreement must be dealt with by you in Australia, in accordance with our procedures from time to timefor handling disputes. You should contact us or consult the PDS for information about our internal complaints process. 25.2.2 Where the event the dispute or difference is unable to be resolved by us to your satisfaction in accordance with our internal complaints handling system: (a) you may refer the dispute or difference to the Australian Financial Complaints Authority (AFCA) for determination in accordance with their rules; or (b) if the dispute or difference does not fall within AFCA’s rules, the dispute or difference may be submitted by us to arbitration in accordance with and subject to the Institute of Arbitrators and Mediators of Australia Expedited Commercial Arbitration Rules, and to the extent permitted under those rules the Arbitrator will be a person recommended by the New South Wales Chapter of the Institute of Arbitrators and Mediators of Australia; or (c) if the dispute or difference does not fall within the rules of AFCA, you may request us to refer the dispute to arbitration in accordance with clause 25.2(b) above, and:  we may decide in our absolute discretion whether to agree to any such request;  without agreement by us in accordance with this paragraph, you will not be able to refer the dispute or difference to arbitration, but will have to submit for the benefit of us only the dispute or difference to the exclusive jurisdiction of the Courts of New South Wales. 25.2.3 You and we agree to accept any determination of the arbitrator under sub- paragraphs (b) or (c) above as final and binding and submit for the benefit of us only, to the exclusive jurisdiction of the Courts in New South Wales for the enforcement of any such determination. For the avoidance of doubt, this clause will not prevent us from commencing proceedings in any other jurisdictions for the enforcement of any such determination.

Appears in 2 contracts

Samples: Client Agreement, Client Agreement

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How Disputes Are Death With. 25.2.1 Any dispute or difference in connection with the Agreement this Terms and Conditions must be dealt with by you in Australia, in accordance with our procedures from time to timefor time for handling disputes. You should contact us or consult the PDS for information about our internal complaints process. 25.2.2 Where the event the dispute or difference is unable to be resolved by us to your satisfaction in accordance with our internal complaints handling system: (a) you may refer the dispute or difference to the Australian Financial Complaints Authority (AFCA) for determination in accordance with their rules; or (b) if the dispute or difference does not fall within AFCA’s rules, the dispute or difference may be submitted by us to arbitration in accordance with and subject to the Institute of Arbitrators and Mediators of Australia Expedited Commercial Arbitration Rules, and to the extent permitted under those rules the Arbitrator will be a person recommended by the New South Wales Chapter of the Institute of Arbitrators and Mediators of Australia; or (c) if the dispute or difference does not fall within the rules of AFCA, you may request us to refer the dispute to arbitration in accordance with clause 25.2(b) above, and: we may decide in our absolute discretion whether to agree to any such request; without agreement by us in accordance with this paragraph, you will not be able to refer the dispute or difference to arbitration, but will have to submit for the benefit of us only the dispute or difference to the exclusive jurisdiction of the Courts of New South Wales. 25.2.3 You and we agree to accept any determination of the arbitrator under sub- sub-paragraphs (b) or (c) above as final and binding and submit for the benefit of us only, to the exclusive jurisdiction of the Courts in New South Wales for the enforcement of any such determination. For the avoidance of doubt, this clause will not prevent us from commencing proceedings in any other jurisdictions for the enforcement of any such determination.

Appears in 1 contract

Samples: Terms and Conditions

How Disputes Are Death With. 25.2.1 Any dispute or difference in connection with the Agreement this Terms and Conditions must be dealt with by you in Australia, in accordance with our procedures from time to timefor time for handling disputes. You should contact us or consult the PDS for information about our internal complaints process. 25.2.2 Where the event the dispute or difference is unable to be resolved by us to your satisfaction in accordance with our internal complaints handling system: (a) you may refer the dispute or difference to the Australian Financial Complaints Authority (AFCA) for determination in accordance with their rules; or (b) if the dispute or difference does not fall within AFCA’s rules, the dispute or difference may be submitted by us to arbitration in accordance with and subject to the Institute of Arbitrators and Mediators of Australia Expedited Commercial Arbitration Rules, and to the extent permitted under those rules the Arbitrator will be a person recommended by the New South Wales Chapter of the Institute of Arbitrators and Mediators of Australia; or (c) if the dispute or difference does not fall within the rules of AFCA, you may request us to refer the dispute to arbitration in accordance with clause 25.2(b) above, and: we may decide in our absolute discretion whether to agree to any such request; without agreement by us in accordance with this paragraph, you will not be able to refer the dispute or difference to arbitration, but will have to submit for the benefit of us only the dispute or difference to the exclusive jurisdiction of the Courts of New South Wales. 25.2.3 You and we agree to accept any determination of the arbitrator under sub- sub-paragraphs (b) or (c) above as final and binding and submit for the benefit of us only, to the exclusive jurisdiction of the Courts in New South Wales for the enforcement of any such determination. For the avoidance of doubt, this clause will not prevent us from commencing proceedings in any other jurisdictions for the enforcement of any such determination.

Appears in 1 contract

Samples: Margin Fx Contracts and Contract for Differences

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How Disputes Are Death With. 25.2.1 Any dispute or difference in connection with the this Client Agreement must be dealt with by you in Australia, in accordance with our procedures from time to timefor time for handling disputes. You should contact us or consult the PDS for information about our internal complaints process.process.‌‌ 25.2.2 Where the event the dispute or difference is unable to be resolved by us to your satisfaction in accordance with our internal complaints handling system: (a) you may refer the dispute or difference to the Australian Financial Complaints Authority (AFCA) for determination in accordance with their rules; oror‌‌ (b) if the dispute or difference does not fall within AFCA’s rules, the dispute or difference may be submitted by us to arbitration in accordance with and subject to the Institute of Arbitrators and Mediators of Australia Expedited Commercial Arbitration Rules, and to the extent permitted under those rules the Arbitrator will be a person recommended by the New South Wales Chapter of the Institute of Arbitrators and Mediators of Australia; or (c) if the dispute or difference does not fall within the rules of AFCA, you may request us to refer the dispute to arbitration in accordance with clause 25.2(b) above, and: we may decide in our absolute discretion whether to agree to any such request; without agreement by us in accordance with this paragraph, you will not be able to refer the dispute or difference to arbitration, but will have to submit for the benefit of us only the dispute or difference to the exclusive jurisdiction of the Courts of New South Wales. 25.2.3 You and we agree to accept any determination of the arbitrator under sub- paragraphs (b) or (c) above as final and binding and submit for the benefit of us only, to the exclusive jurisdiction of the Courts in New South Wales for the enforcement of any such determination. For the avoidance of doubt, this clause will not prevent us from commencing proceedings in any other jurisdictions for the enforcement of any such determination.

Appears in 1 contract

Samples: Client Agreement

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