Common use of Jurisdiction; Arbitration Clause in Contracts

Jurisdiction; Arbitration. 11.1 A dispute between the parties relating to any matter arising out of this agreement or the interpretation thereof shall be referred to arbitration, by any of the parties, by way of notice of the other parties, in which notice particulars of the dispute are set out. Notwithstanding anything stated in this clause a dispute contemplated herein excludes a dispute pertaining to the payment of hostel fees. The parties agree to submit themselves to the jurisdiction of the magistrate’s Court in respect of such dispute irrespective of the quantum of such outstanding hostel fees. 11.2 Any arbitration proceedings in terms of this agreement shall be held Tshwane South Africa and shall be held in a summary manner, which shall mean that it shall not be necessary to observe or carry out: 11.2.1 the usual formalities and procedure; 10.2.2 the strict rules of evidence; 10.2.3 and shall be carried as soon as is reasonably possible after an arbitrator has been appointed as set out below. 11.3 The arbitrator for such arbitration proceedings shall: 11.3.1 if the matter in issue is primarily an accounting matter, be an independent auditor with at least 10 (ten) years’ experience, agreed upon by the parties and, failing agreement, nominated by the Chairman for the time being of the Institute of South African Chartered Accountants. 11.3.2 if the matter in issue is primarily a technical matter, be a suitably qualified person agreed upon by the parties. Or failing agreement, to be nominated by the Chairman for the time being of the Law Society for the Northern Provinces. 11.3.3 for any other matter, be a practising advocate or attorney, admitted as such in accordance with the legislation or law governing the agreement, with at least 10 (ten) years’ experience, agreed upon by the parties. Or, failing agreement, nominated by the Chairman for the time being of the Law Society of the Northern Provinces. 11.3.4 in the event where the parties are unable to agree whether the nature of a dispute is primarily of an accounting nature, technical nature, or any other nature, then the nature of that dispute shall be decided by a practising attorney or advocate, admitted as such in accordance with the legislation or law governing the agreement, with at least 10 (ten) years’ experience, agreed upon by the parties. Or, failing agreement, nominated by the Chairman for the time being of the Law Society of the Northern provinces. 11.4 The decision of the arbitrator shall be final and binding to the parties, who shall summarily carry out that decision. Either of the parties shall be entitled to have the decision made an order of any court with competent jurisdiction. 11.5 No clause in this agreement, which refers to arbitration, shall mean or be deemed to mean or interpreted to mean that either of the parties shall be precluded from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator. 11.6 A party referring any dispute for arbitration under this clause 11 shall first exhaust all internal remedies and procedures available to him/her as set out in the hostel’s procedures and policies. 11.7 This clause 11 shall survive the termination of this agreement for any cause whatsoever.

Jurisdiction; Arbitration. 11.1 A dispute between the parties relating to any matter arising out of this agreement or the interpretation thereof shall be referred to arbitration, by any of the parties, by way of notice of to the other parties, in which notice particulars of the dispute are set out. Notwithstanding anything stated in this clause a dispute contemplated herein excludes a dispute pertaining to the payment of hostel school fees. The parties agree to submit themselves to the jurisdiction of the magistrate’s Court in respect of such dispute irrespective of the quantum of such outstanding hostel school fees. 11.2 Any arbitration proceedings in terms of this agreement shall be held in Tshwane South Africa and shall be held in a summary manner, which shall mean that it shall not be necessary to observe or carry out: 11.2.1 10.2.1 the usual formalities and procedure; 10.2.2 the strict rules of evidence; 10.2.3 and shall be carried out as soon as is reasonably possible after an arbitrator has been appointed as set out below. 11.3 The arbitrator for such arbitration proceedings shall: 11.3.1 if the matter in issue is primarily an accounting matter, be an independent auditor with at least 10 (ten) years’ experience, agreed upon by the parties and, failing agreement, nominated by the Chairman for the time being of the Institute of South African Chartered Accountants. 11.3.2 if the matter in issue is primarily a technical matter, be a suitably qualified person agreed upon by the parties. Or failing agreement, to be nominated by the Chairman for the time being of the Law Society for the Northern Provinces. 11.3.3 for any other matter, be a practising advocate or attorney, admitted as such in accordance with the legislation or law governing the agreement, with at least 10 (ten) years’ experience, agreed upon by the parties. Or, failing agreement, nominated by the Chairman for the time being of the Law Society of the Northern Provinces. 11.3.4 in the event where the parties are unable to agree whether the nature of a dispute is primarily of an accounting nature, technical nature, or any other nature, then the nature of that dispute shall be decided by a practising attorney or advocate, admitted as such in accordance with the legislation or law governing the agreement, with at least 10 (ten) years’ experience, agreed upon by the parties. Or, failing agreement, nominated by the Chairman for the time being of the Law Society of the Northern provinces. 11.4 The decision of the arbitrator shall be final and binding to the parties, who shall summarily carry out that decision. Either of the parties shall be entitled to have the decision made an order of any court with competent jurisdiction. 11.5 No clause in this agreement, which refers to arbitration, shall mean or be deemed to mean or interpreted to mean that either of the parties shall be precluded from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator. 11.6 A party referring any dispute for arbitration under this clause 11 shall first exhaust all internal remedies and procedures available to him/her as set out in the hostelschool’s procedures and policies. 11.7 This clause 11 shall survive the termination of this agreement for any cause whatsoever.

Jurisdiction; Arbitration. 11.1 10.1 A dispute between the parties relating to any matter arising out of this agreement or the interpretation thereof shall be referred to arbitration, by any of the parties, by way of notice of the other parties, in which notice particulars of the dispute are set out. Notwithstanding anything stated in this clause a dispute contemplated herein excludes a dispute pertaining to the payment of hostel fees. The parties agree to submit themselves to the jurisdiction of the magistrate’s Court in respect of such dispute irrespective of the quantum of such outstanding hostel fees. 11.2 10.2 Any arbitration proceedings in terms of this agreement shall be held Tshwane South Africa and shall be held in a summary manner, which shall mean that it shall not be necessary to observe or carry out:out- 11.2.1 10.2.1 the usual formalities and procedure; 10.2.2 the strict rules of evidence; 10.2.3 and shall be carried as soon as is reasonably possible after an arbitrator has been appointed as set out below. 11.3 10.3 The arbitrator for such arbitration proceedings shall: 11.3.1 10.3.1 if the matter in issue is primarily an accounting matter, be an independent auditor with at least 10 (ten) years’ experience, agreed upon by the parties and, failing agreement, nominated by the Chairman for the time being of the Institute of South African Chartered Accountants. 11.3.2 10.3.2 if the matter in issue is primarily a technical matter, be a suitably qualified person agreed upon by the parties. Or failing agreement, to be nominated by the Chairman for the time being of the Law Society for the Northern Provinces. 11.3.3 10.3.3 for any other matter, be a practising advocate or attorney, admitted as such in accordance with the legislation or law governing the agreement, with at least 10 (ten) years’ experience, agreed upon by the parties. Or, failing agreement, nominated by the Chairman for the time being of the Law Society of the Northern Provinces. 11.3.4 10.3.4 in the event where the parties are unable to agree whether the nature of a dispute is primarily of an accounting nature, technical nature, or any other nature, then the nature of that dispute shall be decided by a practising attorney or advocate, admitted as such in accordance with the legislation or law governing the agreement, with at least 10 (ten) years’ experience, agreed upon by the parties. Or, failing agreement, nominated by the Chairman for the time being of the Law Society of the Northern provinces. 11.4 10.4 The decision of the arbitrator shall be final and binding to the parties, who shall summarily carry out that decision. Either of the parties shall be entitled to have the decision made an order of any court with competent jurisdiction. 11.5 10.5 No clause in this agreement, which refers to arbitration, shall mean or be deemed to mean or interpreted to mean that either of the parties shall be precluded from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator. 11.6 10.6 A party referring any dispute for arbitration under this clause 11 10 shall first exhaust all internal remedies and procedures available to him/her as set out in the hostel’s procedures and policies. 11.7 10.7 This clause 11 10 shall survive the termination of this agreement for any cause whatsoever.

Jurisdiction; Arbitration. 11.1 9.1 A dispute between the parties relating to any matter arising out of this agreement or the interpretation thereof shall be referred to arbitration, by any of the parties, by way of notice of the other parties, in which notice particulars of the dispute are set out. Notwithstanding anything stated in this clause a dispute contemplated herein excludes a dispute pertaining to the payment of hostel fees. The parties agree to submit themselves to the jurisdiction of the magistrateMagistrate’s Court in respect of such dispute irrespective of the quantum of such outstanding hostel fees. 11.2 9.2 Any arbitration proceedings in terms of this agreement shall be held Tshwane within the borders of the Republic of South Africa and shall be held in a summary manner, which shall mean that it shall not be necessary to observe or carry out:out- 11.2.1 9.2.1 the usual formalities and procedure; 10.2.2 9.2.2 the strict rules of evidence; 10.2.3 9.2.3 and shall be carried out as soon as is reasonably possible after an arbitrator has been appointed as set out below. 11.3 9.3 The arbitrator for such arbitration proceedings shall: 11.3.1 9.3.1 if the matter in issue is primarily an accounting matter, be an independent auditor with at least 10 (ten) years’ experience, experience as agreed upon by the parties and, and failing agreement, agreement nominated by the Chairman for the time being of the Institute of South African Chartered Accountants. 11.3.2 9.3.2 if the matter in issue is primarily a technical matter, matter be a suitably qualified person agreed upon by parties. Or failing agreement, to be nominated by the Chairman for the time being of the Law Society of South Africa 9.3.3 for any other matter, be a practicing advocate or attorney, admitted as such in accordance with the legislation or law governing such persons, with at least 10 years’ experience as agreed upon by the parties. Or failing agreement, to be nominated by the Chairman for the time being of the Law Society for the Northern Provinces.of South Africa 11.3.3 for any other matter, be a practising advocate or attorney, admitted as such in accordance with the legislation or law governing the agreement, with at least 10 (ten) years’ experience, agreed upon by the parties. Or, failing agreement, nominated by the Chairman for the time being of the Law Society of the Northern Provinces. 11.3.4 9.3.4 in the event where the parties are unable to agree whether the nature of a dispute is primarily of an accounting nature, technical nature, or any other nature, nature then the nature of that dispute shall be decided by a practising practicing attorney or advocate, advocate admitted as such in accordance with the legislation or law governing the agreementsuch persons, with at least 10 (ten) years’ experience, experience agreed upon by the parties. Or, Or failing agreement, to be nominated by the Chairman for the time being of the Law Society of the Northern provinces.South Africa 11.4 9.4 The decision of the arbitrator shall be final and binding to on the parties, who shall summarily carry out that abide by the decision. Either of the parties shall be entitled to have the decision made an order of any court with competent jurisdiction. 11.5 9.5 No clause in this agreement, agreement which refers to arbitration, arbitration shall mean or be deemed to mean or interpreted to mean that either of the parties shall be precluded from obtaining interim relief on an urgent basis from a court Court of competent jurisdiction pending the decision of the arbitrator. 11.6 9.6 A party referring any dispute for arbitration under this clause 11 9 shall first exhaust all internal remedies and procedures available to him/her as set out in the hostel’s procedures policies and policiesprocedures. 11.7 9.7 This clause 11 9 shall survive the termination of this agreement for any cause whatsoever.