SUSPENSION OF QUOTATIONS. The metal prices and currency quotations specified under this contract are the quotations in general use for the pricing of the metal content of concentrate. In the event that any of these price quotations cease to exist or cease to be published or should no longer be internationally recognised as the basis for the settlement of concentrate contracts, then upon the request of either party, Seller and Buyer will promptly consult together with a view to agree on a new pricing basis and on the date for bringing such basis into effect. The basic objective will be to secure the continuity of fair pricing. Any dispute or claim arising out of or relating to this contract, or a breach thereof (a “Dispute”), shall be decided by final and binding arbitration in New York before three arbitrators. The arbitration shall be administered by the American Arbitration Association (the “AAA”) in accordance with the United States Arbitration Act (the “Act”) and the AAA’s Commercial Arbitration Rules (the “Rules”). If there is a conflict between the provisions of this clause and the provisions of the Act or the Rules, the provisions of this clause shall prevail. If there is a conflict between the Act and the Rules, the provisions of the Act shall prevail. Either party may notify the other that the Dispute is to be resolved pursuant to this clause, and in that notice name one arbitrator selected by it. Within 15 (fifteen) calendar days after the receipt of such notice, the other party shall select an arbitrator and notify the party which initiated the arbitration of the name of its arbitrator. Within 15 (fifteen) calendar days after notice is given of the appointment of the second arbitrator, the two arbitrators selected shall select a third arbitrator. If any party fails to appoint an arbitrator or the party-appointed arbitrators fail to appoint the third arbitrator within the prescribed 15 (fifteen) calendar day period then, on reasonable notice to the other party, either party may ask the AAA to appoint such arbitrators within 15 (fifteen) calendar days of the request therefore with due regard for the selection criteria herein. The arbitrators shall be qualified by education, experience or training to render a decision upon the issues of the Dispute. The arbitrators promptly shall hear and determine (after giving the parties due notice of hearing and reasonable opportunity to be heard) the issues submitted to them and shall render their decision within 60 (sixty) calendar da...
SUSPENSION OF QUOTATIONS. The metal prices and currency quotations specified under this contract are the quotations in general use for the pricing of the metal content of concentrate. In the event that any of these price quotations cease to exist or cease to be published or should no longer be internationally recognised as the basis for the settlement of concentrate contracts, then upon the request of either party, Seller and Buyer will promptly consult together with a view to agree on a new pricing basis and on the date for bringing such basis into effect. The basic objective will be to secure the continuity of fair pricing. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the Rules of the New York Court of International Arbitration (“NYCIA”), which Rules are deemed to be incorporated by reference into this clause. The tribunal shall consist of three arbitrators, all of whom shall have experience in shipping and trading matters. One arbitrator shall be appointed by Buyer, one by Seller and a third by the President of the NYCIA. The third arbitrator shall always be a practicing barrister or solicitor. In case either party fails to nominate its arbitrator then he will be appointed by the President of the LCIA. However, it is understood that both parties shall be entitled to take any reasonable measures for the protection of rights accrued to them by this contract without prejudice to the provisions of this clause. The arbitration shall be held in New York, US. The tribunal shall state in its award in detail the facts of the case and reasons for its decision. The award shall be final and binding and not subject to appeal.
SUSPENSION OF QUOTATIONS. If the event of the price quotations specified under this Agreement will cease to exist, cease to be published by the “Metal Bulletin” and/or cease to be the representative basis on which majority of sales of zinc concentrates in Japan are made, Dowa and Seller (with copy to Buyer) will immediately consult together to agree on a pricing basis acceptable to both parties in order to secure the continuance of this Agreement. Failing such agreement, the provision of Clause 18 shall apply, and the arbitral tribunal shall determine a fair and reasonable price for Concentrates.
SUSPENSION OF QUOTATIONS. 9.1 If the reference prices as agreed and specified in the Contract cease to exist or to be published or should no longer be internationally recognized as the basis for the settlement of the specific Material, then Parties shall promptly consult together and come to an agreement on a new reference price and on the date for bringing such pricing basis into effect.
SUSPENSION OF QUOTATIONS. The metal price quotations specified under this Agreement are the quotations currently in general use for the pricing of the metal contents of the Concentrate. In the event that any of these price quotations ceases to exist, ceases to be published or should no longer be internationally recognised as the basis of the settlement of the Concentrate under the Agreements, then upon the request of either party Buyer and Seller will promptly consult together with a view to agreeing on a new pricing basis and on the date for bringing such basis into effect. The basic objective will be to secure continuity of fair pricing.
SUSPENSION OF QUOTATIONS. The metal prices and currency quotations specified under this contract are the quotations in general use for the pricing of the metal content of concentrate. In the event that any of these price quotations cease to exist or cease to be published or should no longer be internationally recognised as the basis for the settlement of concentrate contracts, then upon the request of either party, Seller and Buyer will promptly consult together with a view to agree on a new pricing basis and on the date for bringing such basis into effect. The basic objective will be to secure the continuity of fair pricing.
SUSPENSION OF QUOTATIONS. The metal prices and currency quotations specified under this contract are the quotations in general use for the pricing of the metal content of concentrate. In the event that any of these price quotations cease to exist or cease to be published or should no longer be internationally recognised as the basis for the settlement of concentrate contracts, then upon the request of either party, Seller and Buyer will promptly consult together with a view to agree on a new pricing basis and on the date for bringing such basis into effect. The basic objective will be to secure the continuity of fair pricing. DISPUTE RESOLUTION Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the Rules of the New York Court of International Arbitration (“NYCIA”), which Rules are deemed to be incorporated by reference into this clause. The tribunal shall consist of three arbitrators, all of whom shall have experience in shipping and trading matters. One arbitrator shall be appointed by Buyer, one by Seller and a third by the President of the NYCIA. The third arbitrator shall always be a practicing barrister or solicitor. In case either party fails to nominate its arbitrator then he will be appointed by the President of the LCIA. However, it is understood that both parties shall be entitled to take any reasonable measures for the protection of rights accrued to them by this contract without prejudice to the provisions of this clause. The arbitration shall be held in New York, US. The tribunal shall state in its award in detail the facts of the case and reasons for its decision. The award shall be final and binding and not subject to appeal. CHOICE OF LAW This contract shall be governed by and construed in accordance with New York law. The United Nations Convention on Contracts for the International Sale of Goods (1980) shall not apply to this contract. TAXES AND TARIFFS Any taxes, tariffs and duties whether existing or new on the Concentrate or contained metals or on commercial documents relating thereto or on the cargo itself, imposed in the country of origin shall be borne by the Seller. Any taxes, tariffs and duties whether existing or new on the Concentrate or contained metals or on commercial documents relating thereto or on the cargo itself, imposed in the country of discharge and/or the importing country shall be borne by Buyer....
SUSPENSION OF QUOTATIONS. 14.1. The metal prices and currency quotations specified under this contract are the quotations in general use for the pricing of the metal content of Scrap.
14.2. In the event that any of these price quotations cease to exist or cease to be published or should no longer be internationally recognised as the basis for the settlement of Scrap contracts then, upon the request of either party, Seller and Buyer will promptly consult together with a view to agree on a new pricing basis and on the date for bringing such basis into effect. The basic objective will be to secure the continuity of fair pricing.
SUSPENSION OF QUOTATIONS. 30.1 The metal prices and currency quotations specified under this Agreement are the quotations in general use for the pricing of the Alumina.
30.2 If any of these price quotations cease to exist or cease to be published or should no longer be internationally recognised as the basis for the settlement of Alumina contracts (a “Market Disruption Event”), then upon the request of either party, Buyer and Seller will promptly use the following methods to agree on a new pricing basis:
(a) Negotiated Fallback: which means that each party will, promptly upon becoming aware of the Market Disruption Event, negotiate in good faith to agree with the other on a relevant price (or a method for determining a relevant price), and, if the parties have not so agreed on or before the fifth Business Day following the date of the Market Disruption Event, clause (b) below shall apply.
SUSPENSION OF QUOTATIONS. 30.1 The metal prices and currency quotations specified under this Agreement are the quotations in general use for the pricing of the Alumina.
30.2 If any of these price quotations cease to exist or cease to be published or should no longer be internationally recognised as the basis for the settlement of concentrates contracts (a "Market Disruption Event"), then upon the request of either party, Buyer and Seller will promptly use the following methods to agree on a new pricing basis:
