The Decision. (a) The Arbitrator will make a decision in writing and, unless the Parties otherwise agree, will set out reasons for decision in the decision. (b) The Arbitrator will send the decision to the Parties as soon as practicable after the conclusion of the final hearing, but in any event no later than 10 days thereafter, unless that time period is extended for a fixed period by the Arbitrator on written notice to each Party because of illness or other cause beyond the Arbitrator’s control. (c) The decision shall determine and award costs to the successful Party in the arbitration. (d) The decision shall be final and binding on the Parties and shall not be subject to any appeal or review procedure provided that the Arbitrator has followed the rules provided herein in good faith and has proceeded in accordance with the principles of natural justice. In the event either Party initiates any court proceeding in respect of the decision of the Arbitration or the matter arbitrated, such Party shall, if unsuccessful in the court proceeding, pay the other Parties costs on a solicitor/client basis plus all other reasonable expenses incurred by such other Party from the date of delivery of the notice commencing arbitration to the date of determination of such court proceeding.
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Samples: Partial Royalty Repurchase and Amending Agreement (New Gold Inc. /FI), Free Cash Flow Royalty Agreement (New Gold Inc. /FI)
The Decision. (a) The Arbitrator will make a decision in writing and, unless the Parties parties otherwise agree, will set out reasons for decision in the decision.
(b) The Arbitrator will send the decision to the Parties parties as soon as practicable after the conclusion of the final hearing, but in any event no later than 10 days thereafter, unless that time period is extended for a fixed period by the Arbitrator on written notice to each Party because of illness or other cause beyond the Arbitrator’s control.
(c) The decision shall determine and award costs to the successful Party in the arbitration.
(d) The decision shall be final and binding on the Parties parties and shall not be subject to any appeal or review procedure provided that the Arbitrator has followed the rules provided herein in good faith and has proceeded in accordance with the principles of natural justice. In the event either Party initiates any court proceeding in respect of the decision of the Arbitration or the matter arbitrated, such Party shall, if unsuccessful in the court proceeding, pay the other Parties parties costs on a solicitor/client basis plus all other reasonable expenses incurred by such other Party from the date of delivery of the notice commencing arbitration to the date of determination of such court proceeding.
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The Decision. (a) The Arbitrator will make a decision in writing and, unless the Parties parties otherwise agree, will set out reasons for the decision in the decision.
(b) The Arbitrator will send the decision to the Parties parties as soon as practicable after the conclusion of the final hearing, but in any event no later than 10 thirty (30) days thereafter, unless that time period is extended for a fixed period by the Arbitrator on written notice to each Party party because of illness or other cause beyond the Arbitrator’s control.
(c) The decision shall determine and award costs to the successful Party in prevailing party its costs and lawyer’s fees on a solicitor/client basis, unless the Arbitrator determines that each party should bear its own costs and share the common costs of arbitration.
(d) The Arbitrator’s decision shall be final and binding on the Parties parties and shall not be subject to any appeal or review procedure provided that the Arbitrator has followed the rules provided herein provisions of this Section 23 in good faith and has proceeded in accordance with the principles of natural justicefaith. In the event either Party any of the parties initiates any court proceeding in respect of the decision of the Arbitration Arbitrator or the matter Dispute arbitrated, such Party shallparty, if unsuccessful in the court proceeding, shall pay the other Parties party’s costs on a solicitor/client basis plus and all other reasonable expenses incurred by such other Party from the date of delivery of the notice commencing arbitration party and related to the date of determination of such court proceeding.
Appears in 1 contract
Samples: Mineral Property Option Agreement
The Decision. (a) The Arbitrator will make a decision in writing and, unless the Parties otherwise agree, will set out reasons for decision in the decision.
(b) The Arbitrator will send the decision to the Parties as soon as practicable after the conclusion of the final hearing, but in any event no later than 10 30 days thereafter, unless that time period is extended for a fixed period by the Arbitrator on written notice to each Party because of illness or other cause beyond the Arbitrator’s control.
(c) The decision shall determine and award costs to the successful Party in the arbitration.
(d) The decision shall be final and binding on the Parties and shall not be subject to any appeal or review procedure provided that the Arbitrator has followed the rules provided herein in good faith and has proceeded in accordance with the principles of natural justice. In the event either Party initiates any court proceeding in respect of the decision of the Arbitration or the matter arbitrated, such Party shall, if unsuccessful in the court proceeding, shall pay the other Parties Party’s costs on a solicitor/client basis plus all other reasonable expenses incurred by such other Party from the date of delivery of the notice commencing arbitration to the date of determination of such court proceeding.
Appears in 1 contract
Samples: Option Agreement (Northwestern Mineral Ventures Inc.)
The Decision. (a) The Arbitrator Arbitrators will make a decision in writing and, unless the Parties otherwise agree, will set out reasons for decision in the decision.
(b) The Arbitrator Arbitrators will send the decision to the Parties as soon as practicable after the conclusion of the final hearing, but in any event no later than 10 twenty (20) days thereafter, unless that time period is extended for a fixed period by the Arbitrator Arbitrators on written notice to each Party because of illness or other cause beyond the Arbitrator’s Arbitrators’ control.
(c) The Subject to the discretion of the Arbitrators, the decision shall determine and award costs to the successful Party in the arbitration.
(d) The decision shall be final and binding on the Parties and shall not be subject to any appeal or review procedure provided that the Arbitrator has Arbitrators have followed the rules provided herein in good faith and has have proceeded in accordance with the principles of natural justice. In the event either Party initiates any court proceeding in respect of the decision of the Arbitration arbitration or the matter arbitrated, such Party shall, if unsuccessful in the court proceeding, pay the other Parties Party's costs on a solicitor/client basis plus all other reasonable expenses incurred by such other Party from the date of delivery of the notice commencing arbitration to the date of determination of such court proceeding.
Appears in 1 contract
The Decision. (a) The Arbitrator will make a decision in writing and, unless the Parties otherwise agree, will set out reasons for decision in the decision.
(b) The Arbitrator will send the decision to the Parties as soon as practicable after the conclusion of the final hearing, but in any event no later than 10 20 days thereafter, unless that time period is extended for a fixed period by the Arbitrator Arbitrators on written notice to each Party because of illness or other cause beyond the Arbitrator’s control.
(c) The decision shall determine and award costs to the successful Party in the arbitration.
(d) The decision shall be final and binding on the Parties and shall not be subject to any appeal or review procedure procedure, provided that the Arbitrator has followed the rules provided herein in good faith and has proceeded in accordance with the principles of natural justice. In the event either Party initiates any court proceeding in respect of the decision of the Arbitration or the matter arbitrated, such Party shall, if unsuccessful in the court proceeding, pay the other Parties Party’s costs on a solicitor/client basis plus all other reasonable expenses incurred by such other Party from the date of delivery of the notice commencing arbitration to the date of determination of such court proceeding.
Appears in 1 contract
Samples: Net Smelter Return Royalty Agreement
The Decision. (a) The Arbitrator will make a decision in writing and, unless the Parties parties otherwise agree, will set out reasons for decision in the decision.
(b) The Arbitrator will send the decision to the Parties parties as soon as practicable after the conclusion of the final hearing, but in any event no later than 10 days thereafter, unless that time period is extended for a fixed period by the Arbitrator on written notice to each Party party because of illness or other cause beyond the Arbitrator’s 's control.
(c) The decision shall determine and award costs to the successful Party party in the arbitration.
(d) The decision shall be final and binding on the Parties parties and shall not be subject to any appeal or review procedure provided that the Arbitrator has followed the rules provided herein in good faith and has proceeded in accordance with the principles of natural justice. In the event either Party party initiates any court proceeding in respect of the decision of the Arbitration or the matter arbitrated, such Party party shall, if unsuccessful in the court proceeding, shall pay the other Parties parties costs on a solicitor/client basis plus all other reasonable expenses incurred by such other Party party from the date of delivery of the notice commencing arbitration to the date of determination of such court proceeding.
Appears in 1 contract
The Decision. (a) The Arbitrator will make a decision in writing and, unless the Parties parties otherwise agree, will set out reasons for decision in the decision.
(b) The Arbitrator will send the decision to the Parties parties as soon as practicable after the conclusion of the final hearing, but in any event no later than 10 20 days thereafter, unless that time period is extended for a fixed period by the Arbitrator on written notice to each Party party because of illness or other cause beyond the Arbitrator’s 's control.
(c) The decision shall determine and award costs to the successful Party party in the arbitration.
(d) The decision shall be final and binding on the Parties parties and shall not be subject to any appeal or review procedure provided that the Arbitrator has followed the rules provided herein in good faith and has proceeded in accordance with the principles of natural justice. In the event either Party party initiates any court proceeding in respect of the decision of the Arbitration or the matter arbitrated, such Party party shall, if unsuccessful in the court proceeding, shall pay the other Parties parties costs on a solicitor/client basis plus all other reasonable expenses incurred by such other Party party from the date of delivery of the notice commencing arbitration to the date of determination of such court proceeding.
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