Arbitration नमूना खंड

Arbitration. 23.1 Notwithstanding anything contained in this Contract, all questions, disputes or differences whatsoever, between the parties to the Contract, arising out of or relating to the construction, meaning and operation or interpretation of provision of the Contract or matters related thereto, whether during the currency of the Contract, or its failure or after the completion of the Contract, shall be settled by sole arbitrator to be nominated and appointed by the Chairman & Managing Director of the Purchaser. It will not be an objection that the arbitrator is an employee of the Purchaser and that he had to deal with matters related to the Contract or that in the course of his duties as an employee of the Purchaser had expressed views on all or any other matters in question, dispute or difference. The award of the arbitrator shall be final and binding on the parties to the Contract. In an arbitration invoked at the instance of either party to the contract, the arbitrator would be free to consider the counter claim of the other party even though they are not mentioned in the reference to arbitration. 23.2 The provisions of The Arbitration & Conciliation Act, 1996, and Rules made thereunder and/or any statutory modifications or re-enactment thereof for the time being in force shall apply to such arbitration proceedings. 23.3 Notwithstanding the commencement or continuance of the arbitration, the parties shall continue performance of the Contract with due diligence.

Arbitration. In case of any dispute or difference arising out of or in relation to this License Agreement, then the same shall be referred to sole arbitrator to be appointed mutually between the Parties and resolved and settled with the provision of the Arbitration and Conciliation Act 1996 or any statutory modification or re-enactments thereof. The place of Arbitration shall be Navi Mumbai. The parties to this Agreement agree that the Court(s) in Navi Mumbai only shall have exclusive jurisdiction regarding any matter arising out of or related to this Agreement, Grievances Addressing Mechanism: On receipt of any complaint related to Licensee, Licensor shall conduct investigation and show cause notice shall be served upon Licensee. For addressing grievance to the authority, the following hierarchy shall be applicable: a) First Authority – Chief Commercial Manager. b) Second Authority – Director (Operations and Commercials) c) Conciliation d) Sole Arbitrator as per provision of Conciliation and Arbitration Act

Arbitration a. It will be the Bank’s endeavor to resolve amicably any disputes or differences that may arise between the Bank and the Bidder from misconstruing the meaning and operation of the Tender and the breach that may result. b. In case of Dispute or difference arising between the Bank and a Bidder relating to any matter arising out of or connected with this agreement, such disputes or difference shall be settled in accordance with the Arbitration and Conciliation Act, 1996. The Arbitrators shall be chosen by mutual discussion between the Bank and the Bidder OR in case of disagreement each party may appoint an arbitrator and such arbitrators may appoint an Umpire before entering on the reference. The decision of the Umpire shall be final. RFP No. 314/2022/1681/HO1/DCV Issued on January 05,2022 Page:59 of 98 c. The Bidder shall continue work under the Contract during the arbitration proceedings unless otherwise directed in writing by the Bank or unless the matter is such that the work cannot possibly be continued until the decision of the Arbitrator or the umpire, as the case may be, is obtained. d. Arbitration proceedings shall be held at Lucknow, India, and the language of the arbitration proceedings and that of all documents and communications between the parties shall be English. e. Notwithstanding anything contained above, in case of dispute, claim & legal action arising out of the contract, the parties shall be subject to the jurisdiction of courts at Lucknow, India only. f. Any notice given by one party to the other pursuant to this Contract shall be sent to the other party in writing or by fax and confirmed in writing to the other party’s specified address. The same has to be acknowledged by the receiver in writing. g. A notice shall be effective when delivered or on the notice’s effective date, whichever is later. h. No conflict between Bidder and SIDBI will cause cessation of services. Only by mutual consent the services will be withdrawn.

Arbitration. 36.1. All disputes or differences in respect of which the decision, if any, of the Project Manager and/or the Head of the Implementing Authority has not become final or binding as aforesaid shall be settled by arbitration in the manner provided herein below: 36.2. The arbitration shall be conducted by a sole arbitrator in case the amount of claim is less than Rs. 25 Crore and by three member arbitral tribunal in case the amount of claim is greater than Rs. 25 Crore. The sole Arbitrator shall be chosen from a panel of empanelled Arbitrators maintained by POWERGRID. The same shall comprise of retired Judges and retired Senior executives of PSUs other than POWERGRID. Further, the choice of sole Arbitrator shall be governed by the amount of claim in the following manner: 1 < Rs. 10 Crore Sole Arbitrator - Retired Senior Executives of PSUs other than POWERGRID/Retired Distt Judges/ High Court Judges. 2 Rs.10 Crore - Rs.25 Crore Sole Arbitrator - Retired High Court/Supreme Court Judges (a) In case of invocation of arbitration by POWERGRID, POWERGRID shall, within 30 days, send a list of names of 3 arbitrators from its list/database of Arbitrators and the contractor shall within the period of further 30 days select any one person to act as “Sole Arbitrator”, which will be confirmed by POWERGRID and matter will be referred to such appointed Arbitrator for further arbitration proceedings. (b) In case of invocation of arbitration by the Contractor, the Contractor shall request POWERGRID for its database of Arbitrators/chose from the list of Arbitrators available on POWERGRID‟s website, and the contractor shall, within 30 days, select any one Arbitrator from the above to act as “Sole Arbitrator”, which will be confirmed by POWERGRID within 30 days and matter will be referred to such appointed Arbitrator for further arbitration proceedings. If the parties fail to appoint sole arbitrator within sixty (60) days after receipt of a notice from the other party invoking Arbitration, the appointment of sole arbitrator shall be done by Courts as per the provisions of Indian Arbitration and Conciliation Act, 1996 or any statutory modification thereof. The arbitration shall be conducted by three arbitrators, who are retired High Court/Supreme Court Judges, one each to be nominated by the Contractor and the Employer and the third to be appointed by both the arbitrators in accordance with the Indian Arbitration & Conciliation Act. If either of the parties fails to appoint its arb...

Arbitration. 15.1 All disputes and differences of any kind whatever arising out of or in connection with this Agreement shall be referred to arbitration. The arbitrator may be appointed by both the parties or in case of disagreement each party may appoint an arbitrator and the decision of the arbitrator(s) shall be final. Such arbitration to be governed by the provisions of the Indian Arbitration Act. All the matter shall be resolved under municipal of Indore Jurisdiction only.

Arbitration. Any dispute or controversy arising out of or in connection with the Agreement including any question regarding its existence, validity or termination which cannot be settled amicably by and between the Parties, may be referred by the Parties to be settled by arbitration in accordance with Arbitration & Conciliation Act, 1996 and its rules which are deemed to be incorporated by reference to this clause, for the time being in force. The arbitral tribunal shall consist of a sole arbitrator appointed unanimously by the Parties in accordance with the said rules or where unanimous decision cannot made, each party shall appoint one arbitrator and the appointed arbitrators shall appoint a sole arbitrator on mutual consent. The Parties agree that any arbitration proceedings shall be instituted and heard in Delhi. The language of the arbitration shall be English. The cost of arbitration shall be borne equally between the Parties and the prevailing Party shall be entitled to recover the same from the other.

Arbitration. If, a dispute arises out of or in connection with this contract, or in respect of any defined legal relationship associated therewith or derived there from, shall be settled amicably between the parties through negotiations and conciliation whether during the existence of the contract and after the completion or abandonment of the contract. In case the parties are not able to settle the dispute or difference through negotiations and conciliation, such dispute or difference shall be referred to a sole arbitrator who would be appointed by the Chairman & Managing Director, HLL, , Thiruvananthapuram as per the Arbitration & Conciliation Act,1996. The venue of the arbitration shall be at Thiruvananthapuram. The language of the arbitration proceedings shall be in English.

Arbitration. In the event of any difference or dispute in connection with the agreement over the right and obligations of the parties, the decision of Chief General Manager, NABARD, Chhattisgarh Regional Office, Plot no. 1, Sector no. 00, Xxxx Xxxxx, Nava Raipur, Chhattisgarh 492018, shall be final and binding upon the parties. The place of arbitration shall be Raipur. The relevant Indian laws shall be applicable to the arbitration. I have read and understood all the instructions/ conditions give above and I have taken into account the above instructions/ conditions while quoting the rates. Date : Signature: Place : Name & Address: Seal of the Contractor: This agreement made at Raipur this day of 2020 (in words) between the National Bank for Agriculture and Rural Development a body corporate incorporated under the National Bank for Agriculture and Rural Development Act, 1981 having its Regional Office at Plot no. 1, Sector no. 24, Xxxx Xxxxx, Nava Raipur, Chhattisgarh 492018– , herein after referred to as " NABARD’ (which expression shall unless repugnant to the context or meaning thereof be deemed to include its successor and assignees) of the ONE PART and Shri.............................…… son of ……………………………..aged presently residing at……………………………………………………………………………………………………………….......... and carrying on similar work under the name and style of M/s and having their place of business at hereinafter referred to as ‘ the Contractor’ ( which expression shall unless Repugnant to the context or meaning be deemed to include the legal heirs, legal representatives, administrators and executors) of the OTHER PART.

Arbitration. In the event of any dispute arising between Indian Institute of Management Raipur and the Contractor in any matter covered by this contract or arising directly or indirectly therefrom or connected or concerned with the said contract in any manner of the implementation of any terms and conditions of the said contract, the matter shall be referred to Director Indian Institute of Management Raipur who may himself act as sole arbitrator or may name as sole arbitrator an officer of IIM Raipur /outside IIM Raipur notwithstanding the fact that such officer has been directly or indirectly associated with this contract and the provisions of the Indian Arbitration Conciliation Act, 1996 shall apply to such arbitration. The Contractor expressly agrees that the arbitration proceedings shall be held at Raipur. 3.11.4In case any Contractor wants to take the dispute to a court of law after arbitration award as aforesaid, it is clearly understood that only courts in C.G. shall have the Jurisdiction.

Arbitration. It will be IIFCL's endeavor to resolve amicably any disputes or differences that may arise between IIFCL and the successful bidder from misconstruing the meaning and operation of the RFP and the breach that may result. In case of dispute or difference arising between IIFCL and the successful bidder relating to any matter arising out of or connected with this agreement, such disputes or differences shall be settled in accordance with the Arbitration and Conciliation Act, 1996, as amended. The Arbitrators shall be chosen by mutual discussion between IIFCL and the selected bidder or in case of disagreement each party may appoint an arbitrator and such arbitrators may appoint a presiding arbitrator before entering on the reference. The decision of the arbitral tribunal shall be final. The successful bidder shall continue work under the Contract during the arbitration proceedings unless otherwise directed in writing by IIFCL or unless the matter is such that the work cannot possibly be continued until the decision of the Arbitrator, as the case may be, is obtained. Arbitration proceedings shall be held at New Delhi, India. The language of the arbitration proceedings and that of all documents and communications between the parties shall be English and Indian Law shall be applicable.