SETTLEMENT OF DISPUTE BY ARBITRATION Sample Clauses

SETTLEMENT OF DISPUTE BY ARBITRATION. All disputes arising during the execution of work or after the completion or abandonment thereof shall be referred to the sole arbitration of person appointed by the UCIL.
Sample 1Sample 2Sample 3See All (12)
AutoNDA by SimpleDocs
SETTLEMENT OF DISPUTE BY ARBITRATION. In case of any dispute or difference arising out of or in connection with or in carrying out of the work (whether during the progress of the work or after completion and whether before or after the determination, abandonment or breach of contract) except as to any of the excepted matters provided hereunder the parties hereto, shall first endeavour to settle such disputes or differences amicably. If both the parties fail to reach such amicable settlement, all the disputes or differences shall be finally settled by arbitrators as provided herein. In case of failure of such amicable settlement by the parties, then either party may within 28 days of such a failure give a written notice to the other party requiring that all matters in dispute or difference be arbitrated upon. Such written notice shall specify the matters which are in dispute or differences of which such written notice has been given and no other matter shall be referred to the arbitration of a single arbitrator to be appointed by both the parties or in case of disagreement as to the appointment of a single arbitrator, the appointment of two arbitrators (one to be appointed by each party) and an umpire to be appointed by the arbitrators. The provisions of Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof and rules framed thereunder from time to time shall apply to such arbitrations. In the event of the Arbitrator or any one of the Arbitrators, as the case may be, dying, neglecting, refusing to act or resigning or being unable to act for any reason or the award being set-aside by the Court for any reason it shall be lawful for the parties to appoint another Arbitrator in the manner provided herein above. The venue of arbitration shall be Lucknow, UP, INDIA. The Arbitrator or Arbitrators appointed under this Schedule shall hold the arbitration proceeding jointly and shall have the power to extend the time to make the award with the consent of the parties. Pending reference to arbitration and award thereon, the parties shall make all endeavour to complete the work in all respects as herein contracted and all disputes, if any, will finally be settled in the arbitration. Upon every or any such references to the arbitration, as provided herein the cost of and incidental to the reference and award respectively shall be, at the discretion of the Arbitrator or Arbitrators or the Umpire, as the case may be, who may determine the amount thereof. The Arbitrator, Ar...
Sample 1
SETTLEMENT OF DISPUTE BY ARBITRATION. Any disputes and difference of any kind, whatsoever, arising out of or in connection with this contract or carrying out of the services, shall be settled amicably. If however, the parties are not able to resolve any dispute or difference amicably, the same shall be referred for arbitration in accordance with the provisions of Arbitration & Conciliation Act 1996 and any reenactment ( s) and or modification(s) thereof and of the rules framed there under. The venue for the arbitration shall be New Delhi.
Sample 1
SETTLEMENT OF DISPUTE BY ARBITRATION. All disputes arising during the execution of work or after the completion or abandonment thereof shall be referred to the sole arbitration of person appointed by the UCIL 19 CONTRACTOR’S ORGANISATION AND SET UP AT SITE: Maintenance of Communication System of plant is very important because performance of the plant will depend on status of communication system. It is essential that the contractor’s organisation at site is headed by a very experienced and responsible personnel of the Company. The Contract-in-charge will have to be senior enough to liaison with senior management of his organisation directly and will be vested with powers to take prompt decisions and actions. He has to organize the shift schedule in line shift schedule of UCIL, plan for maintenance and keep Communication system available all the time in healthy condition. The contractor should depute experienced manpower in round the clock shift to maintain the communication system. The experienced certificate and screening of personnel deputed for the said work has to be carried out in consultation with the UCIL. The workmen will be deployed based on experience and selection by interview. Before deployment the UCIL will take interview of individual xxxxxxx in presence of the contractor and suitable candidates only will be selected based on their performance in the interview. 20 LABOUR: The contractor shall employ labour in sufficient numbers to maintain the required rate of progress and of quality to ensure workmanship. The contractor should not employ in connection with the works any person who has not completed 18 years of age. The contractor shall obtain a valid license under contract labour act before the commencement of the work and continue to have a valid license until completion of the work. All facilities to xxxxxxx, labourers, wages, leave, medical leave /maternity benefit, provident fund, housing, insurance etc shall be regulated as per GOVERNMENT LAWS and REGULATIONS. Insurance coverage for all the labourers and personnel working under the contractor shall be regulated as per standard government rules. 21 INSURANCE The contractor shall take insurance under workmen compensation act for all his workmen to be deployed for the work and submit a copy of the policy before commencement of work if awarded 22 SAFETY MEASURES: To avoid possible accidents to staff and labour employed on this job, it is imperative to observe the safety practices specified by the corporation and these shall be...
Sample 1
SETTLEMENT OF DISPUTE BY ARBITRATION. CAT and the Company agree to have any dispute between them settled in accordance with the following: 14.9.1 The dispute or conflict between the Parties in relation to the stipulations of or the compliance with this Agreement which cannot be settled shall be referred to arbitration. 14.9.2 Unless the Parties agree that the arbitration be conducted by one arbitrator, the settlement of dispute shall be made by 2 (Two) arbitrators. Any party shall make a notice in writing to the other party to express its intention to have the dispute settled by arbitration and shall specify therein the name of arbitrator appointed by it. The party receiving such notice shall, within 30 (Thirty) days from the date of being notified thereof, appoint the second arbitrator. If the said two arbitrators cannot settle the dispute within 30 (Thirty) days, such arbitrators shall jointly, within 7 (Seven) days from the date of not being able to render an award, appoint an umpire, and such umpire shall then consider and settle the dispute. The arbitration proceedings shall be conducted in Bangkok Metropolis, Thailand in accordance with the UNCITRAL Arbitration Rules or any other Rules agreed upon by the Parties. 14.9.3 In case that any party did not appoint the arbitrator or the two arbitrators cannot jointly agree on the appointment of the umpire, each of the Parties shall be entitled to request the Director of the Arbitration Office, Ministry of Justice to appoint the arbitrator or umpire, as the case may be. 14.9.4 The award rendered by the arbitrators or umpire, as the case may be, shall be deemed final and shall have a binding effect upon the Parties. 14.9.5 Each of the Parties shall bear the fees of its own arbitrator and shall equally bear the expenses for the arbitration proceedings. In case of making an appointment of the sole arbitrator or the umpire, such arbitrator or umpire shall fix the fee payable to him. 14.9.6 While the dispute is still under arbitration proceedings, CAT and the Company shall continue to comply with the stipulations of this Agreement until the arbitration award is rendered.
Sample 1
SETTLEMENT OF DISPUTE BY ARBITRATION a) Disputes and differences of any kind whatsoever arising out of or in connection with this contract or the carrying out of the works (whether during the progress of the works or within one year after their completion, or within one year after the determination or abandonment or breach of the contract) excepting however, on matters referred to in clause 9.3 and 9.5 of General Conditions of Contract hereof, shall be referred by either party for arbitration after giving at least 30 days notice in writing to the other(s) (hereinafter referred to as the ‘Notice for Arbitration’) clearly setting out the items of disputes for reference to a Sole Arbitrator to be appointed as hereinafter provided. b) For the purpose of appointing the Sole Arbitrator referred to above, the Bank will send to the Contractor within thirty days of the Notice for Arbitration, a panel of three names of persons who shall be presently unconnected with the organization of the Bank and the Contractor. c) The Contractor shall on receipt of the names as aforesaid, select any one of the persons so named to be appointed as a Sole Arbitrator and communicate his name to the Bank within thirty days of receipt of the names. The Bank shall thereupon without any delay appoint the said person as the Sole Arbitrator. If the Contractor fails to communicate such selection as provided above within the period specified, the Bank shall make the selection and appoint selected person as the Sole Arbitrator. In the event, the contractor communicates disagreement to appointment of Sole Arbitrator as selected by the Bank than notwithstanding such disagreement, the person selected, as sole Arbitrator by the Bank shall be the sole Arbitrator. d) If the Bank fails to send to the Contractor the panel or three names as aforesaid within the period specified, the Contractor shall send to the Bank a panel of three names of persons who shall all be unconnected with either party. The Bank shall on receipt of the names as aforesaid select any one of the person’s names and appoint him as the Sole Arbitrator. If the Bank fails to select the person and communicate such selection to the Contractor, the Contractor shall be entitled to appoint one of the persons from the panel as the Sole Arbitrator and communicate his name to the Bank, provided however in case if delay by the contractor as regards such selection, the Arbitrator selected by the Bank shall be appointed as sole Arbitrator. e) If the Arbitrator so appointed is una...
Sample 1
SETTLEMENT OF DISPUTE BY ARBITRATION. All disputes and differences of any kind whatsoever arising out of or in connection with the contract or the carrying out of the works (whether during the progress of the works or within one year after their completion, or within one year after the determination or abandonment or breach of the contract) shall be referred to and settled by the Architect, who shall state his decision in writing. Such decision in writing may be in form of a final certificate or otherwise. The decision of the Architect with respect of any of the expected matters shall be final and without appeal as stated in the relevant clause on “matters to be finally decided by the Architect.”(Clause no. 11.3).
Sample 1
AutoNDA by SimpleDocs
SETTLEMENT OF DISPUTE BY ARBITRATION. Any disputes and difference of any kind, whatsoever, arising out of or in connection with this contract or carrying out of the services, shall be settled amicably. If however, the parties are not able to resolve any dispute or difference amicably, the same shall be referred for arbitration in accordance with the provisions of Arbitration & Conciliation Act 1996 and any reenactment( s) and or modification(s) thereof and of the rules framed there under. The venue for the arbitration shall be New Delhi.
Sample 1

Related to SETTLEMENT OF DISPUTE BY ARBITRATION

  • Settlement of Disputes; Arbitration All claims by the Executive for benefits under this Agreement shall be directed to and determined by the Board of Directors of the Company and shall be in writing. Any denial by the Board of Directors of a claim for benefits under this Agreement shall be delivered to the Executive in writing and shall set forth the specific reasons for the denial and the specific provisions of this Agreement relied upon. The Board of Directors shall afford a reasonable opportunity to the Executive for a review of the decision denying a claim. Any further dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration in Boston, Massachusetts, in accordance with the rules of the American Arbitration Association then in effect. Judgment may be entered on the arbitrator's award in any court having jurisdiction.

  • Mediation and Arbitration of Disputes An Addendum requiring the Mediation and/or the Arbitration of all disputes between the Parties and/or Brokers arising out of this Lease ¨ is x is not attached to this Lease. LESSOR AND LESSEE HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH TERM AND PROVISION CONTAINED HEREIN, AND BY THE EXECUTION OF THIS LEASE SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIME THIS LEASE IS EXECUTED, THE TERMS OF THIS LEASE ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LESSOR AND LESSEE WITH RESPECT TO THE PREMISES. ATTENTION: NO REPRESENTATION OR RECOMMENDATION IS MADE BY THE AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION OR BY ANY BROKER AS TO THE LEGAL SUFFICIENCY, LEGAL EFFECT, OR TAX CONSEQUENCES OF THIS LEASE OR THE TRANSACTION TO WHICH IT RELATES. THE PARTIES ARE URGED TO: 1. SEEK ADVICE OF COUNSEL AS TO THE LEGAL AND TAX CONSEQUENCES OF THIS LEASE. 2. RETAIN APPROPRIATE CONSULTANTS TO REVIEW AND INVESTIGATE THE CONDITION OF THE PREMISES. SAID INVESTIGATION SHOULD INCLUDE BUT NOT BE LIMITED TO: THE POSSIBLE PRESENCE OF HAZARDOUS SUBSTANCES, THE ZONING OF THE PREMISES, THE STRUCTURAL INTEGRITY, THE CONDITION OF THE ROOF AND OPERATING SYSTEMS, AND THE SUITABILITY OF THE PREMISES FOR LESSEE’S INTENDED USE.

  • Mediation of Disputes The parties shall endeavor in good faith to settle within 90 days any controversy or claim arising out of or relating to this Agreement or the breach thereof through mediation with JAMS, Endispute or similar organizations. If the controversy or claim is not resolved within 90 days, the parties shall be free to pursue other legal remedies in law or equity.

  • Arbitration of Disputes Any controversy or claim arising out of or relating to this Agreement or the breach thereof or otherwise arising out of the Executive’s employment or the termination of that employment (including, without limitation, any claims of unlawful employment discrimination whether based on age or otherwise) shall, to the fullest extent permitted by law, be settled by arbitration in any forum and form agreed upon by the parties or, in the absence of such an agreement, under the auspices of the American Arbitration Association (“AAA”) in Boston, Massachusetts in accordance with the Employment Dispute Resolution Rules of the AAA, including, but not limited to, the rules and procedures applicable to the selection of arbitrators. In the event that any person or entity other than the Executive or the Company may be a party with regard to any such controversy or claim, such controversy or claim shall be submitted to arbitration subject to such other person or entity’s agreement. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This Section 8 shall be specifically enforceable. Notwithstanding the foregoing, this Section 8 shall not preclude either party from pursuing a court action for the sole purpose of obtaining a temporary restraining order or a preliminary injunction in circumstances in which such relief is appropriate; provided that any other relief shall be pursued through an arbitration proceeding pursuant to this Section 8.

  • Arbitration; Settlement of Disputes Any controversy, claim or cause of action brought by any party hereto against the Company arising out of or relating to the Shares or other Deposited Securities, the American Depositary Shares, the Receipts or this Deposit Agreement, or the breach hereof or thereof, if so elected by the claimant, shall be settled by arbitration in accordance with the International Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The place of the arbitration shall be Xxx Xxxx xx Xxx Xxxx, Xxxxx xx Xxx Xxxx, Xxxxxx Xxxxxx of America, and the language of the arbitration shall be English. The number of arbitrators shall be three, each of whom shall be disinterested in the dispute or controversy, shall have no connection with any party thereto, and shall be an attorney experienced in international securities transactions. Each party shall appoint one arbitrator and the two arbitrators shall select a third arbitrator who shall serve as chairperson of the tribunal. If a dispute, controversy or cause of action shall involve more than two parties, the parties shall attempt to align themselves in two sides (i.e., claimant(s) and respondent(s)), each of which shall appoint one arbitrator as if there were only two parties to such dispute, controversy or cause of action. If such alignment and appointment shall not have occurred within thirty (30) calendar days after the initiating party serves the arbitration demand, the American Arbitration Association shall appoint the three arbitrators, each of whom shall have the qualifications described above. The parties and the American Arbitration Association may appoint from among the nationals of any country, whether or not a party is a national of that country. The arbitral tribunal shall have no authority to award any consequential, special or punitive damages or other damages not measured by the prevailing party’s actual damages and may not, in any event, make any ruling, finding or award that does not conform to the terms and conditions of this Deposit Agreement.

  • Dispute Resolution and Arbitration The following procedures shall be used in the resolution of disputes:

  • Dispute Resolution; Arbitration This Agreement evidences a transaction involving interstate commerce. Any disputes arising from this Agreement shall be decided by binding arbitration which shall be conducted, at the request of any party, in New York, New York, before one arbitrator designated by the American Arbitration Association (the "AAA"), in accordance with the Commercial Arbitration Rules of the AAA, and to the maximum extent applicable, the United States Arbitration Act (Title 9 of the United States Code). Notwithstanding anything in this Agreement to the contrary, any party may proceed to a court of competent jurisdiction to obtain equitable relief at any time. An arbitrator shall have no authority to award punitive damages or other damages not measured by the prevailing party's actual damages. To the maximum extent practicable, an arbitration proceeding under this Agreement shall be concluded within 180 days of the filing of the dispute with the AAA. This arbitration clause shall survive any termination, amendment, or expiration of the Agreement and if any provision of this arbitration clause is found to be unenforceable, the remaining parts of the arbitration clause shall not be affected and shall remain fully enforceable.

  • Settlement of Dispute The parties shall strive to settle any dispute arising from, out of or in connection with the interpretation or performance of this Agreement through friendly negotiation. In case no settlement can be reached through negotiation within six months, each party can submit such matter to China International Economic and Trade Arbitration Commission (the "CIETAC"). The arbitration shall follow the current rules of CIETAC. The arbitration award shall be final and binding upon the parties and shall be enforceable in accordance with its terms.

  • Settlement of Disputes between the contracting parties 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through diplomatic channels. 2. If any dispute between the Contracting Parties cannot be settled within six months (6) It shall upon the request of either Contracting Party, be submitted to an arbitral tribunal. 3. Such an arbitral tribunal shall be constituted for each individual case in the following way. Within two (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. The two members shall then select a national of a third State, who on approval by the two Contracting Parties shall be appointed Chairman of the Tribunal. The Chairman shall be appointed within two (2) months from the date of appointment of the other two members. 4. If within the periods specified in paragraph 3 of this article the necessary appointments have not been made, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make the necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. if the Vice- President is a national of either Contracting Party or if he is also prevented from discharging the function, the said member of the International Court of Justice the oldest who is not a national of either Contracting Party shall be invited to make the necessary appointments. 5. The arbitral tribunal shall reach its decisions by a majority of votes and shall be binding on both contracting parties. each Contracting Party shall assume the costs of its own member of the Tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the contracting parties. The Tribunal may, however, in its decision that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other matters. 6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.

  • Disputes and Arbitration Any dispute concerning a question of fact arising under this contract shall be disposed of by good faith negotiation between duly authorized representatives of the District, the Office of the State Auditor, and the Firm. Such a resolution shall be reduced to writing and a copy thereof mailed or furnished to the Firm and shall be final and conclusive.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!