Determination of Disputes Sample Clauses

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 18.

Determination of Disputes. 12.1 If any dispute arises between the Tenant and the Landlord relating to or arising out of the terms of this Agreement, the Landlord or the Tenant may give to the other written notice requiring the dispute to be determined under this clause 12. The notice is to: 12.1.1 propose an appropriate Specialist; 12.1.2 state whether the Specialist is to act as an independent expert or an arbitrator, having regard to the terms of this clause 12; and 12.1.3 specify the nature and substance of the dispute and the relief sought in relation to the dispute. 12.2 For the purposes of this clause 12 a “Specialist” is a person: 12.2.1 qualified to act as an expert or an arbitrator in relation to the dispute; 12.2.2 having not less than ten years’ professional experience; and 12.2.3 having practical experience in relation to developments in the nature of the Development and property in the same locality as the Property and the Retained Buildings. 12.3 The recipient of a notice under clause 12.1 will be deemed to accept the identity of the Specialist and the capacity in which he is to act unless it gives notice in writing to the party serving the notice rejecting one or more of the proposals within five working days of receipt of the notice and on the service of a notice rejecting one or more of the proposals, clause 12.4 will apply. 12.4 Unless the Tenant and the Landlord agree or are deemed to agree the terms for resolving the dispute set out in the notice served under clause 12.1: 12.4.1 any dispute over the type of Specialist appropriate to resolve the dispute or the capacity in which a Specialist is to act may be referred at the request of the Tenant or the Landlord to the President or next most senior available officer of the Royal Institution of Chartered Surveyors 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 and to determine the capacity in which the Specialist is to act; and 12.4.2 any dispute over the identity of the Specialist is to be referred at the request of the Tenant or the Landlord to the President or other most senior available officer of the organisation generally recognised as being responsible for the relevant type of Specialist. 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 Royal Inst...

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. Whilst it is desirable that any disputes are settled informally by liaison between the RP and Agent there may be times when it is necessary to instigate a more formal procedure. Should either party be dissatisfied with the performance of the other under the terms of this Contract, have differences about the interpretation of the Contract or have any other dispute relating to the Property and either party's services to its Occupants which cannot be resolved through liaison meetings, the following sequence of action will be pursued: Either party will request a special meeting to review the working of the Contract giving 10 working days prior written notice (or a shorter notice period if the parties agree). The written notice must specify the alleged breach of the Contract. The other party will attend that meeting; If the issue remains unresolved the dissatisfied party will request a meeting between senior managers of both parties on giving 10 working days prior written notice (or a shorter notice period if the parties agree). The other party will attend that meeting. If the issue remains unresolved after the procedure has been followed then the dispute or difference may be referred by either party to an independent mediator or arbitrator for settlement. A suitably qualified independent mediator shall be appointed by agreement between the parties or in default of agreement by the President or other duly authorised officer of the National Housing Federation. The mediation will be conducted in accordance with the requirements of the mediator. Any costs shall be borne as the mediator directs. Use of this disputes procedure does not prevent either party from serving notice of termination where there are grounds to do so as set out in this Contract or taking any other legal action against the other party. In the event of an award by the Ombudsman where the RP is at fault the RP shall reimburse the Agent for any expenses reasonably incurred by the Agent in dealing with the Ombudsman's investigation. Any compensation will be paid as directed by the Ombudsman. In the event of an award by the Ombudsman where the Agent is at fault the Agent shall reimburse the RP for any expenses reasonably incurred by the RP in dealing with the Ombudsman's investigation. Any compensation will be paid as directed by the Ombudsman.

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. 10.1 Subject to clause 10.7, 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 10. 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. 10.2 For the purposes of this clause 10 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.