Common use of Proceedings of Arbitration Clause in Contracts

Proceedings of Arbitration. In the event that the parties hereto do not agree to settle a dispute according to Paragraph 1 of this Article and/or in the event of any other dispute of any kind whatsoever between the parties and relating to this CONTRACT or its rescission or any stipulation herein, such dispute shall be submitted to arbitration in London. The parties shall try to agree a single arbitrator to conduct the arbitration. If the parties cannot agree upon the appointment of the single arbitrator within two (2) weeks after one of the parties has given notice to the other party notifying that the other party refer the dispute to arbitration, the dispute shall be settled by three arbitrators, each party appointing one arbitrator, the third being appointed by the two arbitrators so appointed. In the further event that the two arbitrators appointed respectively by the parties hereto as aforesaid should be unable to reach agreement on the appointment of the third arbitrator within twenty (20) days from the date on which the second arbitrator is appointed, either party of the said two arbitrators may apply to the President for the time being of the London Maritime Arbitrators Association to appoint the third arbitrator. If either of the appointed arbitrators refuses or is incapable of acting, the party who appointed him shall appoint a new arbitrator in his place. If one party fails to appoint an arbitrator - either originally or by way of substitution - for two (2) weeks after the other party having appointed its arbitrator, has served the defaulting party notice of default for failure to make the appointment, the President of the London Maritime Arbitrators Association shall, after application from the party having appointed its arbitrator, also appoint an arbitrator on behalf of the party in default. The award of the arbitration made by the sole arbitrator or by the majority of the three arbitrators as the case may be shall be final, conclusive and binding upon the parties hereto.

Appears in 6 contracts

Samples: Gener8 Maritime, Inc., Gener8 Maritime, Inc., Gener8 Maritime, Inc.

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Proceedings of Arbitration. In the event that the parties hereto do not agree to settle a dispute according to Paragraph 1 of this Article and/or in the event of any other dispute of any kind whatsoever between the parties and relating to this CONTRACT Contract or its rescission or any stipulation herein, such dispute shall be submitted to arbitration in London. The parties Each party shall try to agree a single appoint an arbitrator to conduct and in the arbitration. If the parties event that they cannot agree upon the appointment of the single arbitrator within two (2) weeks after one of the parties has given notice to the other party notifying that the other party refer the dispute to arbitrationagree, the dispute shall be settled by three arbitrators, each party appointing one arbitrator, the third being appointed by the two arbitrators so appointedappointed shall appoint an Umpire. In the further event that If the two arbitrators appointed respectively by the parties hereto as aforesaid should be are unable to reach agreement on the agree upon an Umpire within Twenty(20) days after appointment of the third arbitrator within twenty (20) days from the date on which the second arbitrator is appointedarbitrator, either party of the said two arbitrators may apply to the President for the time being of the London Maritime Arbitrators Association to appoint the third arbitrator, and the three arbitrators shall constitute the board of arbitration. If Such arbitration shall be in accordance with and subject to the provisions of the English Arbitration Act 1996 or any statutory modification or re-enactment thereof for the time being in force. The Arbitration shall be conducted in accordance with the rules in force of the London Maritime Arbitrators Association. Either party may demand arbitration of any such dispute by giving notice to the other party. Any demand for arbitration by either of the parties hereto shall state the name of the arbitrator appointed arbitrators refuses by such party and shall also state specifically the question or questions as to which such party is incapable demanding arbitration. Within Fourteen(14) days after receipt of actingnotice of such demand for arbitration, the other party who appointed him shall in turn appoint a new second arbitrator and give notice in his placewriting of such appointment to the party demanding arbitration. If one a party fails to appoint an arbitrator - either originally or as aforementioned within Fourteen(14) days following receipt of notice of demand for arbitration by way of substitution - for two (2) weeks after the other party having appointed its arbitrator, has served the defaulting party notice of default for failure to make the appointmentparty, the President of the London Maritime Arbitrators Association shall, after application from the party having appointed its arbitrator, also failing to appoint an arbitrator on behalf of shall be deemed to have accepted and appointed, as its own arbitrator, the arbitrator appointed by the party demanding arbitration and the arbitration shall proceed before this sole arbitrator who alone in defaultsuch event shall constitute the Arbitration Board. The award of the arbitration made by the sole arbitrator or by the majority of the three arbitrators as the case may be and/or Umpire shall be final, conclusive final and binding upon the parties heretoon both parties.

Appears in 6 contracts

Samples: Construction and Sale (Danaos Corp), Construction and Sale (Danaos Corp), Construction and Sale (Danaos Corp)

Proceedings of Arbitration. In the event that the parties hereto do not agree to settle a dispute according to Paragraph Clause 1 of this Article ARTICLE XII and/or in the event of any other dispute of any kind whatsoever between the parties and relating to to, arising out of or in connection with, this CONTRACT Contract or its rescission or any stipulation herein, such dispute shall be submitted to and settled by arbitration in London, England in accordance with Arbitration Act 1996 c.23 (UK) as amended, and the arbitration shall be conducted in accordance with the London Maritime Arbitrators Association (LMAA) Terms current at the time when the arbitration proceedings are commenced (except as expressly provided herein). The parties SELLER and the BUYER shall try to agree a single each independently appoint one arbitrator to conduct arbitrate the arbitrationmatter, and the SELLER and the BUYER shall together appoint a third arbitrator. If In the parties event that the BUYER and SELLER cannot agree upon the appointment of the single arbitrator within two (2) weeks after one of the parties has given notice to the other party notifying that the other party refer the dispute to arbitration, the dispute shall be settled by three arbitrators, each party appointing one arbitrator, the third being appointed by the two arbitrators so appointed. In the further event that the two arbitrators appointed respectively by the parties hereto as aforesaid should be unable to reach agreement on the appointment of the third arbitrator within twenty (20) days from of the date on which appointment of the second arbitrator, the two appointed arbitrators shall be responsible for appointing the third arbitrator. If the two arbitrators are unable to agree upon a third arbitrator is appointedwithin twenty (20) days, either party of the said two arbitrators may apply to the President for the time being of the London Maritime Arbitrators Association to appoint the third arbitrator, and the three arbitrators shall constitute the board of arbitration. If Such arbitration shall be in accordance with and subject to the provisions of the relevant English Arbitration Act for the time being in force at the time of the action. Either party may demand arbitration of any such dispute by giving notice to the other party. Any demand for arbitration by either of the parties hereto shall state the name of the arbitrator appointed arbitrators refuses by such party and shall also state specifically the question or questions as to which such party is incapable demanding arbitration. Within twenty (20) days after receipt of actingnotice of such demand for arbitration, the other party who appointed him shall in turn appoint a new second arbitrator and give notice in his placewriting of such appointment to the party demanding arbitration. If one a party fails to appoint an arbitrator - either originally or as aforementioned within twenty (20) days following receipt of notice of demand for arbitration by way of substitution - for two (2) weeks after the other party having appointed its arbitrator, has served the defaulting party notice of default for failure to make the appointmentparty, the President of the London Maritime Arbitrators Association shall, after application from the party having appointed its arbitrator, also failing to appoint an arbitrator on behalf of shall be deemed to have accepted and appointed, as its own arbitrator, the arbitrator appointed by the party demanding arbitration and the arbitration shall proceed before this sole arbitrator who alone in defaultall such events shall constitute the Arbitration Board. The award of the arbitration made by the sole arbitrator or by and/or of the majority of the three arbitrators, as the case may be, shall be final and binding on both parties. If the majority of the three arbitrators as is not obtained, then the case may be decision of the third arbitrator shall be final, conclusive final and binding upon the parties hereto.

Appears in 4 contracts

Samples: Construction Of (Seaspan CORP), Seaspan CORP, Seaspan CORP

Proceedings of Arbitration. In the event that the parties hereto do not shall fail to agree to settle a dispute according to Paragraph 1 of this Article and/or in the event of any other dispute of any kind whatsoever between the parties and relating to this CONTRACT or its rescission or any stipulation herein(a) hereof, such dispute shall be submitted referred to arbitration in Londonby a sole arbitrator and London shall be the place of arbitration unless mutually agreed otherwise by the parties. The parties arbitration proceeding, including the enforcement of award shall try be conducted in accordance with the Arbitration Act 1996 or any statutory modification or re-enactment thereof for the time being in force. The arbitrator shall be appointed by agreement within fourteen (14) days of first notification of either party to agree a single arbitrator the other of intention to conduct the arbitrationarbitrate such dispute or difference. If the parties cannot agree upon the appointment of the single a sole arbitrator within fourteen (14) days as above, each party shall within fourteen (14) days appoint an arbitrator and the arbitrators so appointed shall appoint a third arbitrator within fourteen (14) days. If the two (2) weeks after one of the parties has given notice arbitrators are unable to the other party notifying that the other party refer the dispute to arbitration, the dispute shall be settled by three arbitrators, each party appointing one arbitrator, agree upon the third being appointed by the arbitrator within fourteen (14) days after their appointment, either of said two (2) arbitrators so appointed. In the further event that the two arbitrators appointed respectively by the parties hereto as aforesaid should be unable to reach agreement on may apply for the appointment of the third arbitrator within twenty in accordance with the Acts, and the three (203) days from arbitrators shall constitute the date on which board of arbitration (hereinafter called the second arbitrator is appointed, either party “Arbitration Board”) for the settlement of the said two arbitrators may apply to the President for the time being of the London Maritime Arbitrators Association to appoint the third arbitratorquestion or questions. If either of the appointed arbitrators refuses or is incapable of acting, the party who appointed him shall appoint a new arbitrator in his place. If one party fails to appoint an arbitrator - either originally or by way of substitution - for two as aforementioned within fourteen (214) weeks after the other party having appointed its days following failure to agree on a sole arbitrator, has served the defaulting party notice of default for failure to make the appointment, the President of the London Maritime Arbitrators Association shall, after application from the party having appointed its arbitrator, also failing to appoint an arbitrator on behalf of shall be deemed to have accepted and appointed, as its own arbitrator, the arbitrator appointed by the party demanding arbitration and the arbitration shall proceed before this sole arbitrator who alone in defaultsuch event shall constitute the Arbitration Board. The award of the arbitration Arbitration Board made by the sole arbitrator or by the majority of the three arbitrators as the case may be hereunder shall be final, conclusive and binding upon the parties hereto.hereto and judgment thereon may be entered in any court having jurisdiction for enforcement thereof. In the event of any dispute or difference arising or occurring prior to delivery to, or acceptance by, the Buyer of the Vessel being referred to arbitration, the parties hereby acknowledge that time is of essence in obtaining an award from the arbitrator on such dispute or difference and the parties hereby agree that the arbitration shall be conducted according to the following timetable:

Appears in 4 contracts

Samples: Shipbuilding Contract (Ardmore Shipping Corp), Shipbuilding Contract (Ardmore Shipping Corp), Shipbuilding Contract (Ardmore Shipping Corp)

Proceedings of Arbitration. In the event that the parties hereto do not agree to settle a dispute according to Paragraph 1 of this Article and/or in the event of any other dispute of any kind whatsoever between the parties and relating to this CONTRACT or its rescission or any stipulation herein, such dispute shall be submitted to arbitration in London. The proceedings of any arbitration shall be governed by the rules of the London Maritime Arbitrators Association. The parties shall try to agree a single arbitrator to conduct the arbitration. If the parties cannot agree upon the appointment of the single arbitrator within two (2) weeks after one of the parties has given notice to the other party notifying that the other party to refer the dispute to arbitration, the dispute shall be settled by three arbitrators, each party appointing one arbitrator, the third being appointed by the two arbitrators so appointed. In the further event that the two arbitrators appointed respectively by the parties hereto as aforesaid should be unable to reach agreement on the appointment of the third arbitrator within twenty (20) days from the date on which the second arbitrator is appointed, either party of the said two arbitrators may apply to the President for the time being of the London Maritime Arbitrators Association to appoint the third arbitratorAssociation. If either of the appointed arbitrators refuses or is incapable of acting, the party who appointed him shall appoint a new arbitrator in his place. If one party fails to appoint an arbitrator - either originally or by way of substitution - for two (2) weeks after the other party having appointed its arbitrator, has served the defaulting party making default with notice of default for failure to make the appointment, the President of the London Maritime Arbitrators Association shall, after application from the party having appointed its arbitrator, also appoint an arbitrator on behalf of the party in making default. The award of the arbitration made by the sole arbitrator or by the majority of the three arbitrators as the case may be shall be final, conclusive and binding upon the parties hereto.

Appears in 4 contracts

Samples: Shipbuilding Contract (Gener8 Maritime, Inc.), Shipbuilding Contract (Gener8 Maritime, Inc.), Shipbuilding Contract (Gener8 Maritime, Inc.)

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Proceedings of Arbitration. In the event that the parties hereto do not agree to settle a dispute according to Paragraph 1 of this Article and/or in the event of any other dispute of any kind whatsoever between the parties and relating to this CONTRACT or its rescission or any stipulation herein, such dispute shall be submitted to arbitration in London. The parties shall try to agree a single arbitrator to conduct the arbitration. If the parties cannot agree upon the appointment appointments of the single arbitrator within two (2) weeks week after one of the parties has given notice to the other party notifying that the other party refer the dispute to arbitration, the dispute shall be settled by three arbitrators, each party appointing one arbitrator, the third being appointed by the two arbitrators so appointed. In the further event that the two arbitrators appointed respectively by the parties hereto as aforesaid should be unable to reach agreement on the appointment of the third arbitrator within twenty (20) days from the date on which the second arbitrator is appointed, either party of the said two arbitrators may apply to the President for the time being of the London Maritime Arbitrators Association to appoint the third arbitratorAssociation. If either of the appointed arbitrators refuses or is incapable of acting, the party who appointed him shall appoint a new arbitrator in his place. If one party fails to appoint an arbitrator - either originally or by way of substitution - for two (2) weeks week after the other party having appointed its arbitrator, has served the defaulting party making default with notice of default for failure to make the appointment, the President of the London Maritime Arbitrators Association shall, after application from the party having appointed its arbitrator, also appoint an arbitrator on behalf of the party in making default. The award of the arbitration made by the sole arbitrator or by the majority of the three arbitrators as the case may be shall be final, conclusive and binding upon the parties hereto.. The parties hereby acknowledge that time is of the essence in obtaining an award on such dispute from the arbitration panel and the parties hereby agree that the arbitration shall be conducted according to the following timetable:

Appears in 3 contracts

Samples: Shipbuilding Contract (International Shipholding Corp), Shipbuilding Contract (International Shipholding Corp), Shipbuilding Contract (International Shipholding Corp)

Proceedings of Arbitration. In the event that the parties hereto do not agree to settle a dispute according to Paragraph 1 of this Article and/or in the event of any other dispute of any kind whatsoever between the parties and relating to this CONTRACT Contract or its rescission cancellation or any stipulation herein, such dispute shall be submitted to arbitration in London. The parties Each party shall try to agree appoint an arbitrator and a single arbitrator to conduct the arbitration. If the parties cannot agree upon the appointment of the single arbitrator within two (2) weeks after one of the parties has given notice to the other party notifying that the other party refer the dispute to arbitration, the dispute shall be settled by three arbitrators, each party appointing one arbitrator, the third being appointed by the two arbitrators so appointed. In the further event that If the two arbitrators appointed respectively by the parties hereto as aforesaid should be are unable to reach agreement on the agree upon an third arbitrator within Twenty(20) days after appointment of the third arbitrator within twenty (20) days from the date on which the second arbitrator is appointedarbitrator, then either party of the said two arbitrators or the parties may apply to the President for the time tune being of the London Maritime Arbitrators Association to appoint the third arbitrator, and the three arbitrators shall constitute the board of arbitration. If Such arbitration shall be in accordance with and subject to the provisions of the Arbitration Xxx 0000 of the United Kingdom or any statutory modification or re-enactment thereof for the time being in force. Either party may demand arbitration of any such dispute by giving notice to the other party. Any demand for arbitration by either of the parties hereto shall state the name of the arbitrator appointed arbitrators refuses or by such party and shall also identify the dispute for which such party is incapable demanding arbitration. Within Fourteen (14) days after receipt of actingnotice of such demand for arbitration, the other party who appointed him shall in turn appoint a new second arbitrator and give notice in his placewriting of such appointment to the party demanding arbitration. If one a party fails to appoint an its arbitrator - either originally or by way of substitution - for two (2) weeks after as aforementioned the party requesting arbitration may give a second notice in writing to the other party having appointed its requiring them to appoint their arbitrator, has served the defaulting party notice of default for failure . If they fails to make the appointment, the President do so within seven (7) days following receipt of the London Maritime Arbitrators Association shall, after application from second notice the party having appointed its arbitrator, also failing to appoint an arbitrator on behalf of shall be deemed to have accepted and appointed, as its own arbitrator, the arbitrator appointed by the party demanding arbitration and the arbitration shall proceed before this sole arbitrator who alone in defaultsuch event shall constitute the Arbitration Board. The award of the arbitration made by the sole arbitrator or by the majority of the three arbitrators as the case may be shall be final, conclusive final and binding upon the parties heretoon both parties.

Appears in 2 contracts

Samples: Stolt Nielsen S A, Stolt Nielsen S A

Proceedings of Arbitration. In the event that the parties hereto do not agree to settle a dispute according to Paragraph Clause 1 of this Article and/or in the event of any other dispute of any kind whatsoever between the parties and relating to this CONTRACT Contract or its rescission or any stipulation herein, such dispute shall be submitted to and settled by arbitration in London, England in accordance with the London Maritime Arbitrators Association (LMAA) Terms current at the time when the arbitration proceedings are commenced. The parties Each party shall try to agree a single appoint an arbitrator to conduct and in the arbitration. If the parties event that they cannot agree upon the appointment of the single arbitrator within two (2) weeks after one of the parties has given notice to the other party notifying that the other party refer the dispute to arbitrationagree, the dispute shall be settled by three arbitrators, each party appointing one arbitrator, the third being appointed by the two arbitrators so appointedappointed shall appoint a third arbitrator. In the further event that If the two arbitrators appointed respectively by the parties hereto as aforesaid should be are unable to reach agreement on the appointment of the agree upon a third arbitrator within twenty Twenty (20) days from the date on which the second arbitrator is appointeddays, either party of the said two arbitrators may apply to the President for the time being of the London Maritime Arbitrators Association to appoint the third arbitrator, and the three arbitrators shall constitute the board of arbitration. If Such arbitration shall be in accordance with and subject to the provisions of the relevant English Arbitration Act for the time being in force at the time of the action. Either party may demand arbitration of any such dispute by giving notice to the other party. Any demand for arbitration by either of the parties hereto shall state the name of the arbitrator appointed arbitrators refuses by such party and shall also state specifically the question or questions as to which such party is incapable demanding arbitration. Within Fourteen (14) days after receipt of actingnotice of such demand for arbitration, the other party who appointed him shall in turn appoint a new second arbitrator and give notice in his placewriting of such appointment to the party demanding arbitration. If one a party fails to appoint an arbitrator - either originally or as aforementioned within Fourteen (14) days following receipt of notice of demand for arbitration by way of substitution - for two (2) weeks after the other party having appointed its arbitrator, has served the defaulting party notice of default for failure to make the appointmentparty, the President of the London Maritime Arbitrators Association shall, after application from the party having appointed its arbitrator, also failing to appoint an arbitrator on behalf of shall be deemed to have accepted and appointed, as its own arbitrator, the arbitrator appointed by the party demanding arbitration and the arbitration shall proceed before this sole arbitrator who alone in defaultall such events shall constitute the Arbitration Board. The award of the arbitration made by the sole arbitrator or by and/or of the majority of the three arbitrators, as the case may be, shall be final and binding on both parties. If the majority of the three arbitrators as is not obtained, then the case may be decision of the third arbitrator shall be final, conclusive final and binding upon the parties hereto.

Appears in 1 contract

Samples: Danaos Corp

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