Determination of Disputes. Any dispute arising under this Section 2.6 shall be resolved pursuant to the dispute resolution procedures of Article 7.
Determination of Disputes. Any dispute or controversy among the Members (other than a suit brought against a Defaulting Member) arising in connection with (i) this Agreement or any amendment hereof, (ii) the breach or alleged breach hereof, (iii) the actions of any of the Members, or (iv) the formation, operation or dissolution and liquidation of the Company, shall be determined and settled by arbitration in New York, New York, by a panel of three members who shall be selected, and such arbitration shall be conducted, in accordance with the commercial rules of the American Arbitration Association. Any award rendered therein shall be final and binding upon the Members and the Company and judgment upon any such award rendered by said arbitrators may be entered in any court having jurisdiction thereof. The party or parties against which an award is made shall bear its or their own expenses and those of the prevailing party or parties, including reasonable fees and disbursements of attorneys, accountants, and financial experts, and shall bear all arbitration fees and expenses of the arbitrators.
Determination of Disputes. If there is any dispute, difference of opinion or failure to agree relating to or arising from this document (Dispute) that dispute must be referred for determination under this clause 8.
Determination of Disputes. 21.1 Subject to clause 21.7, if any dispute arises relating to or arising out of the terms of this Agreement, either party may give to the other written notice requiring the dispute to be determined under this clause 21. The notice is to propose an appropriate Specialist and specify the nature and substance of the dispute and the relief sought in relation to the dispute.
21.2 For the purposes of this clause 21 a “Specialist” is a person qualified to act as an expert in relation to the dispute having not less than ten years’ professional experience in relation to developments in the nature of the Development and property in the same locality as Plot H1.
21.3 Any dispute over the type of Specialist appropriate to resolve the dispute may be referred at the request of either party to the President or next most senior available officer of the Law Society who will have the power, with the right to take such further advice as he may require, to determine the appropriate type of Specialist and to arrange his nomination under clause 21.4.
21.4 Any dispute over the identity of the Specialist is to be referred at the request of either party to the President or other most senior available officer of the organisation generally recognised as being responsible for the relevant type of Specialist who will have the power, with the right to take such further advice as he may require, to determine and nominate the appropriate Specialist or to arrange his nomination. If no such organisation exists, or the parties cannot agree the identity of the organisation, then the Specialist is to be nominated by the President or next most senior available officer of the Law Society.
21.5 The Specialist is to act as an independent expert and:
21.5.1 each party may make written representations within ten Working Days of his appointment and will copy the written representations to the other party;
21.5.2 each party is to have a further ten Working Days to make written comments on the other’s representations and will copy the written comments to the other party;
21.5.3 the Specialist is to be at liberty to call for such written evidence f rom the parties and to seek such legal or other expert assistance as he or she may reasonably require;
21.5.4 the Specialist is not to take oral representations f rom the parties without giving both parties the opportunity to be present and to give evidence and to cross- examine each other;
21.5.5 the Specialist is to have regard to all representations and ...
Determination of Disputes. Any dispute or controversy among the Members (other than a suit brought against a Defaulting Member or a Pledge Defaulting Member, as applicable) arising in connection with (i) this Agreement or any amendment hereof, (ii) the breach or alleged breach hereof, (iii) the actions of any of the Members, or (iv) the formation, operation or dissolution and liquidation of the Company, shall be determined and settled by arbitration in New York, New York, by a panel of three members who shall be selected, and such arbitration shall be conducted, in accordance with the commercial rules of the American Arbitration Association. Any award rendered therein shall be final and binding upon the Members and the Company and judgment upon any such award rendered by said arbitrators may be entered in any court having jurisdiction thereof. The party or parties against which an award is made shall bear its or their own expenses and those of the prevailing party or parties, including, without limitation, fees and disbursements of attorneys, accountants, and financial experts, and shall bear all arbitration fees and expenses of the arbitrators.
Determination of Disputes. Any dispute or controversy among the Members arising out of or in connection with (a) this Agreement or any amendment to this Agreement, (b) the breach or alleged breach of this Agreement, (c) the actions of any of the Members (in or relating to their capacity as a member of the Company), or (d) the formation, operation or dissolution and liquidation of the Company or any Alternative Investment Vehicle or any Subsidiary, shall be settled by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules. The place of arbitration shall be New York, New York. The number of arbitrators shall be three. The language of the arbitration shall be English. Any award of the arbitrators shall be final and binding upon the Members, the Company, any Alternative Investment Vehicle and any Subsidiary, and judgment upon any such award may be entered in any court having jurisdiction thereof. The party or parties against whom an award is made shall bear its or their own expenses and those of the prevailing party or parties, including, without limitation, fees and disbursements of attorneys, accountants, and financial experts, and shall bear all arbitration fees and expenses of the arbitrators.
Determination of Disputes. Either the Landlord or the Tenant may refer any dispute about the Insured Risks or the terms of the Standard Policy under clause 16 to expert determination under the provisions of clause 25.
Determination of Disputes. In the event of there being a dispute arising out of this Deed or the subject matter thereof the following provisions shall apply:
17.1 The Parties shall use their reasonable endeavours to resolve the dispute by agreement.
17.2 If agreement cannot be reached the matter in dispute shall be referred to and settled by some independent and fit person holding appropriate professional qualifications to be appointed (in the absence of agreement) by the President (or equivalent person) for the time being of the professional body chiefly relevant in England to such qualifications and such person shall act as an expert on the application of either Party after giving notice in writing to the other party to this Deed.
17.3 The person to be appointed pursuant to clause 17.2 shall be a person having ten years or more post qualification experience of projects comprising works of the scale and nature of the Development.
17.4 Reference to the expert shall be on terms that determination shall take place within 28 working days of the expert accepting his instructions.
17.5 The expert shall have the power to award costs of the determination in favour of either Party to the dispute at the expense of the other Party and failing such determination such costs shall be borne by the parties in equal shares.
17.6 The expert shall be limited in his findings to the matter in dispute referred to him and shall provide written reasons for his decision.
17.7 The findings of the expert shall (other than in the case of a manifest material error) be final and binding on the parties to the dispute
17.8 For the avoidance of doubt references to ‘Party’ or ‘Parties’ in clause 17.1 exclude the County Council and the County Council shall not be required to submit to or be bound by the provisions of Clauses 17.1 -17.7.
17.9 For the avoidance of doubt this Clause shall not limit the right of any Party to refer any matter to the courts for determination.
Determination of Disputes. In the event of any dispute under or arising out of this Agreement (other than one for which a separate method of resolution has been provided):
21.1 The Shareholders shall take the matter before an independent mediator in accordance with the procedures of ADR Group, London, with the intention that the matter shall if possible be resolved by mediation.
21.2 The mediator shall be agreed by the Shareholders, or failing such agreement within 15 Business Days of one Shareholder requesting the appointment of a mediator, shall be appointed on the application of any of the Shareholders in accordance with clause 21.6.
21.3 Unless otherwise agreed the costs of the mediation shall be paid by each of the Shareholders in the same proportion to which she holds shares in the Company but any Shareholder which may of her own volition incur any additional costs shall be responsible for them.
21.4 The doctrines of laches, waiver or estoppel shall not be considered in any such mediation.
21.5 In the event that the mediator appointed as above shall certify in writing his opinion that the dispute is not capable of resolution by mediation, or that the mediation has not been concluded within 60 days of the agreement of the Shareholders as to the appointment of the mediator or a request by any of the Shareholders for such an appointment, then it shall be referred in accordance with the Arbitration Act 1996 to a single arbitrator to be appointed, in default of agreement, upon the request of the Shareholders in accordance with clause 21.6, and the decision of the arbitrator (including any decision as to costs) shall be final and binding on the Shareholders.
21.6 An appointment of a mediator or arbitrator shall be made upon the request of any of the Shareholders by the president or other chief officer for the time being of the Relevant Institution or any deputy duly authorised by the Relevant Institution in that regard.
21.7 Nothing in this clause 21 shall preclude the making of an application to the Court for injunctive relief to restrain a breach or apprehended breach of this Agreement. EXECUTED as a deed in the originals the day and year first before written EXECUTED and DELIVERED as a deed By X X in the presence of: Signature of Witness: Name of Witness: Address of Witness: Occupation of Witness: EXECUTED and DELIVERED as a deed By X X in the presence of: Signature of Witness: Name of Witness: Address of Witness: Occupation of Witness: EXECUTED and DELIVERED as a deed By X X in ...
Determination of Disputes. 8.1 Subject to Clause 8.7 herein, if any dispute arises relating to or arising out of the terms of this Agreement, either Party may give to the others written notice requiring the dispute to be determined under this Clause 8. The notice is to propose an appropriate Specialist and specify the nature and substance of the dispute and the relief sought in relation to the dispute.
8.2 For the purposes of this Clause 8 a “Specialist” is a person qualified to act as an expert in relation to the dispute having not less than ten years’ professional experience in relation to developments in the nature of the Development and property in the same locality as the Site.
