Subagreement Disputes Sample Clauses

Subagreement Disputes. Subagreement disputes shall be resolved in accordance with this section. (a) Any dispute designated by USEA as a Subagreement Dispute (the “Subagreement Dispute”) and any dispute originally designated a Cooperative Agreement but later converted to a Subagreement Dispute shall be submitted to binding arbitration. The claim, controversy or dispute shall be arbitrated pursuant to the Commercial Rules of the American Arbitration Association, before three arbitrators, one to be selected by each Party and the third to be selected by the other two selected arbitrators. (b) Upon any request of either Party, the arbitrators may authorize discovery of the types permitted by the discovery rules of the Federal Rules of Civil Procedure and identify the factors to be considered in determining which types of discovery are appropriate for a particular proceeding, the arbitrators should consider the parties’ desire to resolve the matter as expeditiously and economically as is practical. (c) Any such arbitration shall be held in the Washington, D.C.
Sample 1Sample 2
AutoNDA by SimpleDocs

Related to Subagreement Disputes

  • Payment Disputes We will not exercise Our rights under Section 6.3 (Overdue Charges) or 6.4 (Suspension of Service and Acceleration) above if You are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute.

  • 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.

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