Related Disputes. 18.2.1.1 Any two (2) or more disputes which are required to be submitted to an Expert under this Agreement shall be considered related for purposes of this section if they involve the same or substantially similar issues of law or fact. In the event any Party to a dispute (the “Subsequent Related Dispute”) designates it as being related to a prior or pending dispute (the “Prior Related Dispute”), the Subsequent Related Dispute shall be referred for resolution to the Expert to whom the Prior Related Dispute was referred (the “Initial Expert”). If a Party objects to the designation of a Subsequent Related Dispute as being related to a Prior Related Dispute, the objection shall be resolved by the Initial Expert. If the Initial Expert concludes that the disputes are related, the Subsequent Related Dispute shall be resolved by the Initial Expert in accordance with this Section 18.2, and to the extent practical, issues in the Subsequent Related Dispute that are the same or substantially similar as in the Prior Related Dispute, shall be resolved in a manner consistent with the resolution of such issues in the Prior Related Dispute. If the Initial Expert concludes that the Subsequent Related Dispute is not related to the Prior Related Dispute, the Subsequent Related Dispute shall be referred to an Expert selected in accordance with the introductory paragraph of this Section 18.2.
18.2.1.2 Notwithstanding anything to the contrary contained in this Agreement, if a claim is asserted involving an alleged Event of Default under this Agreement (a “Default Claim”), any and all issues, whether legal, factual or otherwise, relating to such Default Claim shall be resolved exclusively by a state or federal court located in the State of New York in accordance with the provisions hereof regardless of whether any of such issues would otherwise be required to be referred to an Expert for resolution under a provision of this Agreement; provided that, subject to Section 18.2.3, any decision by an Expert made in accordance with this Agreement which was rendered prior to the assertion of a Default Claim and which relates to such Default Claim shall be considered final and binding in any court proceeding involving such Default Claim, it being the intent and understanding of the Parties that, except for specific issues that were determined by an Expert before a Default Claim is asserted, all issues relating to such Default Claim shall be resolved exclusively by the court in the action...
Related Disputes. The Parties agree that if a dispute which has been referred or which is to be referred either to an Expert or to arbitration hereunder:
(i) raises issues which are substantially the same as or connected with issues raised in a dispute arising out of a gas sales and purchase agreement between one or more of the Sellers and a buyer for: i) delivery of Gas at the Delivery Point; or ii) the sale of Gas from the Gas Fields, which has already been referred to an Expert or to arbitration (a "Related Dispute"); or
(ii) arises out of substantially the same facts as are the subject of a Related Dispute, then, at the election of the Sellers, the Sellers shall procure that, and the Buyer shall accede to, the Expert or arbitral tribunal (as the case may be) which has been appointed or which is to be appointed in respect of the Related Dispute also becomes the Expert or arbitral tribunal (as the case may be) in respect of the dispute hereunder.
Related Disputes. The Insurance must provide that any dispute between the Insured and the Insurer as to coverage of any Claim or Circumstance under the Insurance shall be heard and determined in conjunction with any other related dispute between any insured party and that party’s insurer.
Related Disputes. (a) The arbitral tribunal may consolidate an arbitration arising out of or relating to this Agreement with any arbitration arising out of or relating to one or more of the Project Agreements if the subject matter of the Disputes arises out of or relates to essentially the same facts or transactions. Such consolidated arbitration shall be determined by the arbitral tribunal appointed for the arbitration proceeding that was commenced first in time.
(b) Except as otherwise provided in Section 24.2, the rights of the Parties to proceed with Dispute resolution under Section 24.2 shall be independent of their rights or the rights of related entities to proceed with Dispute resolution under any of the other Project Agreements. Notwithstanding the foregoing or anything to the contrary in this Agreement, a final determination of a Dispute under and in accordance with any of the Project Agreements shall be a final and binding resolution of the same issue as it relates, mutatis mutandis, to the obligations of the Concessionaire or the Grantor hereunder.
Related Disputes. 15.4.1 If any Dispute has been referred to an Expert for a final and binding determination under Clause 15.2 or to arbitration under Clause 15.3 and such Dispute raises issues of fact or law that, in whole or in material part are, in the opinion of the arbitrators, substantially the same as issues of fact or law already pending in international arbitration proceedings in connection with any Related Dispute, such issues shall, to the extent permitted under the Laws of Mongolia, be consolidated with such Related Dispute, unless such consolidation would, in the opinion of the arbitrators, produce manifest injustice, substantial hardship to the Government or the Concessionaire or cause significant delay in the determination of the Dispute between the Government and the Concessionaire or in the determination of any Related Dispute in which the Government is involved.
Related Disputes. Notwithstanding anything to the contrary in this Section, where a dispute concerns any right, obligation, relief, benefit or entitlement under the Main Contract, Honeywell may give written notice to the Subcontractor, requiring:
1) the dispute to be determined in conjunction with any related dispute under the Main Contract (“Main Contract Dispute”) and in accordance with the dispute resolution procedures under the Main Contract;
2) the dispute and the Main Contract Dispute to be considered at the same time, or immediately before or after the other; or
3) any proceedings in relation to the dispute to be stayed until the determination of the Main Contract Dispute.
Related Disputes. If any Dispute has been referred to an Expert pursuant to Section 18.2 or to arbitration pursuant to Section 18.3 and such Dispute raises issues of fact or law that, in whole or in material part are, in the opinion of the arbitrators, substantially the same as issues of fact or law already pending in arbitration proceedings in connection with any Related Dispute, such issues shall, to the extent permitted under the Laws of Pakistan, be consolidated with such Related Dispute, unless such consolidation would, in the opinion of the arbitrators, produce manifest injustice, substantial hardship to the Purchaser or the Seller or cause significant delay in the determination of the Dispute between the Purchaser and the Seller or in the determination of any Related Dispute in which the Purchaser is involved.
Related Disputes. If any dispute arising out of or relating to this Agreement (hereinafter referred to as a "Related Dispute") raises issues which are substantially the same as or connected with issues raised in another dispute which has already been referred to arbitration under this Agreement or any other Transaction Document (an "Existing Dispute"), the tribunal appointed or to be appointed in respect of any such Existing Disputes shall also be appointed as the tribunal in respect of any such Related Dispute. Where, pursuant to the foregoing provisions, the same tribunal has been appointed in relation to two or more disputes, the tribunal may, with the agreement of all the parties concerned or upon the application of one of the parties, being a party to each of the disputes, order that the whole or part of the matters at issue shall be heard together upon such terms or conditions as the tribunal thinks fit. The tribunal shall have power to make such directions and any interim or partial award as it considers just and desirable.
Related Disputes. If any dispute arising out of or relating to this Agreement (hereinafter referred to as a "Related Dispute") raises issues which are substantially the same as or connected with issues raised in another dispute which has already been referred to arbitration under this Agreement, the Shareholders' Agreement, the Cyprus Contribution Agreement or any other Transaction Document (an "Existing Dispute"), the tribunal appointed or to be appointed in respect of any such Existing Disputes shall also be appointed as the tribunal in respect of any such Related Dispute. Where, pursuant to the foregoing provisions, the same tribunal has been appointed in relation to two or more disputes, the tribunal may, with the agreement of all the parties concerned or upon the application of one of the parties, being a party to each of the disputes, order that the whole or part of the matters at issue shall be heard together upon such terms or conditions as the tribunal thinks fit. The tribunal shall have power to make such directions and any interim or partial award as it considers just and desirable.
Related Disputes. 32 15.5 Enforcement............................................................................................33 15.6
