RECOURSE AGAINST ARBITRAL AWARD Sample Clauses

RECOURSE AGAINST ARBITRAL AWARD. Application for setting aside arbitral award: Recourse to a court against an arbitral award may be made only by an application for setting aside such award. An arbitral award may be set aside by the court only if: • a party was under some incapacity; or • the arbitration agreement is not valid under the law; • party was not given proper notice regarding, appointment or proceedings or arbitration or was unable to present his case; • the award deals with dispute not contemplated or falling within the terms of arbitration; • the composition of Tribunal or arbitral procedure was not in accordance with the agreement; • the court finds that the subject matter is not capable of settlement by arbitration; • the award conflicts with the public policy of India. An application for setting aside award may not be made after three months of the receiving of award. If the court finds appropriate, it may adjourn the proceedings. The Tribunal may be given an opportunity to resume the proceedings. Finality of arbitral awards: The arbitral award shall be final and binding on the parties. Enforcement: The award shall be enforced under the code of civil procedure like a decree of the court.
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Related to RECOURSE AGAINST ARBITRAL AWARD

  • Arbitration Awards The arbitrators will have the authority to award compensatory damages only. Any award by the arbitrators will be accompanied by a written opinion setting forth the findings of fact and conclusions of law relied upon in reaching the decision. The award rendered by the arbitrators will be final, binding and non-appealable, and judgment upon such award may be entered by any court of competent jurisdiction. The Parties agree that the existence, conduct and content of any arbitration will be kept confidential and no Party will disclose to any person any information about such arbitration, except as may be required by law or by any governmental authority or for financial reporting purposes in each Party's financial statements.

  • Arbitration Award All arbitration awards shall be final and binding as provided by Section 42 of the Trade Union Act. An arbitrator may not alter, modify or amend any part of this Agreement, but shall have the power to modify or set aside any unjust penalty of discharge, suspension or discipline imposed by the Employer on an Employee.

  • Duties of arbitrator in relation to Performance Orders Without prejudice to any additional remedies that may be ordered by the arbitrator under Clause 13.4, where a dispute is allocated in accordance with the ADRR to arbitration and a party has applied for a Performance Order, the parties shall agree in a Procedure Agreement, as defined in the ADRR, that:

  • Effect of Arbitration Award The arbitrator's decision shall be final and binding upon the grievant(s), the District and the Union. The California law on final and binding arbitration awards between a school district and an employee organization shall be applicable to such a decision.

  • LITIGATION OR ARBITRATION In the event that suit or arbitration is brought to enforce the terms of this agreement, the prevailing party shall be entitled to litigation costs and reasonable attorneys' fees. The Dispute Resolution provisions are set forth on Exhibit "B," ‘Dispute Resolution’ attached hereto and by this reference incorporated herein.

  • Recourse to Agencies or Courts of Competent Jurisdiction Notwithstanding Section 11.2, nothing in this Agreement shall restrict the rights of a Party to file a complaint with the FERC under relevant provisions of the Federal Power Act or with the PUCO under relevant provisions of the Legal Authorities. The Parties’ agreement under this Section 11.3 is without prejudice to any Party’s right to contest jurisdiction of the FERC or PUCO to which a complaint is brought.

  • LAW APPLICABLE AND COMPETENT COURT 6.1 The Agreement is governed by [insert the national law of the NA].

  • Right to Arbitrate Claims If any kind of legal claim arises between us as a result of your purchase of the Note, either of us will have the right to arbitrate the claim, rather than use the courts. There are only three exceptions to this rule. First, we will not invoke our right to arbitrate a claim you bring in Small Claims Court or an equivalent court, if any, so long as the claim is pending only in that court. Second, we have the right to seek an injunction in court if you violate or threaten to violate your obligations. Third, disputes arising under the Note or the Revenue Sharing Agreement will be handled in the manner described in the Revenue Sharing Agreement.

  • Judicial Restraint Nothing contained herein shall preclude the Village or the Union from obtaining judicial restraint and damages in the event the other party violates this Article.

  • SAFEGUARD AGAINST FRAUD 11.1 The Supplier shall take all reasonable steps, in accordance with Good Industry Practice, to prevent any fraudulent activity (including Fraud) by the Supplier and the Supplier’s Staff (which for the purposes of this Clause 11 (Safeguard Against Fraud) shall include its shareholders holding in excess of the fifty (50) percent of the entire issued share capital of the Supplier and directors).

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