Arbitration or Adjudication Clause Samples

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Arbitration or Adjudication a. In the event that the parties are unable to resolve the Dispute through Direct Discussion under Article 21.2, the Parties shall submit the Dispute for arbitration in accordance with the Arbitration and Conciliation Act, 1996. There shall be a Board of 3 (three) arbitrators of whom 1 (one) shall be appointed by the Authority, 1 (one) shall be appointed by the Concessionaire and the third shall be appointed by the 2 (two) arbitrators appointed as aforesaid. b. The Arbitrators shall make a reasoned award, and any award made pursuant to this Article 21.3 shall be final and binding on the Parties as from the date on which it is made, and the Concessionaire and the Authority agree to undertake to carry out such award without delay. c. The arbitration proceedings shall be conducted in the English language and in Nagpur or such other place as may be agreed between the Parties. d. The cost incurred on the process of arbitration including inter alia the fees of the arbitral tribunal and the cost of the proceedings shall be borne by the Parties in equal proportions. Each Party shall bear its own legal fees incurred as a result of any Dispute under this Article 21.
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Arbitration or Adjudication a. In the event that the Parties are unable to resolve the Dispute through Direct Discussion under Article 27.2, the Parties shall submit the Dispute for arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted by the “Secretary, Law, GoMP” as the Sole Arbitrator (“the Sole Arbitrator”). b. The arbitration proceedings shall be conducted in the English language and in Bhopal only. c. The cost incurred on the process of arbitration including inter alia the fees of the arbitral tribunal and the cost of the proceedings shall be borne by the Parties in equal proportions. Each Party shall bear its own legal fees incurred as a result of any Dispute under this Article 27.
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Arbitration or Adjudication a. In the event that the parties are unable to resolve the Dispute through direct discussion under Clause 17^2, the Parties shall submit the Dispute for adjudication by the Punjab Infrastructure Regulatory Authority constituted under the Punjab Infrastructure (Development and Regulation) Act, 2002. b. However, in the event that the Punjab Infrastructure Regulatory Authority has not been appointed at the time of the Dispute, the Parties shall submit the Dispute for arbitration in accordance with the Arbitration and Conciliation Act, 1996. There shall be a Board of 3 (three) arbitrators of whom each party shall select 1 (one) and the third shall be appointed by the two arbitrators appointed by the Parties. c. The arbitrators shall make a reasoned award, and any award made pursuant to this Clause 17.3 shall be final and binding on the Parties as from the date on which it is made, and the Operator and the PHTPB agree to undertake to carry out such award without delay. d. The arbitration proceedings shall be conducted in the English language and in Chandigarh or such other place as may be agreed between the Parties e. The cost incurred on the process of arbitration including inter alia the fees of the arbitral tribunal and the cost of the proceedings shall be borne by the Parties in equal proportions. Each Party shall bear its own legal fees incurred as a result of any Dispute under this Clause 17.
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Arbitration or Adjudication. In the event that the parties are unable to resolve the Dispute through Direct Discussion under Article 19.2, the Parties shall submit the Dispute for arbitration in accordance with the Arbitration and Conciliation Act, 1996. There shall board of 3 (three) arbitrators of whom 1 (one) shall be appointed by the MC, 1 (one) shall be appointed by the "EESL" and the third appointed by the 2 (two) arbitrators appointed as aforesaid. The arbitration proceedings shall be conducted in the English language only. The cost incurred on the process of arbitration including inter alia the fees of the arbitral tribunal and the cost of the proceedings shall be borne by the in equal proportions. Each Party shall bear its own legal fees incurred as of any Dispute under this Article. The arbitration proceeding shall be conducted at Uttar Pradesh. If any dispute goes to the court of law, the jurisdiction of the court shall be the District Court, Lucknow.
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Arbitration or Adjudication. In the event that the parties are unable to resolve the Dispute through the process of reconciliation under the Article 21.2 and 21.3 of the draft contract agreement, the Parties shall submit the Dispute for arbitration in accordance with the Arbitration and Conciliation Act, 1996.
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Related to Arbitration or Adjudication

  • Forum for Adjudication of Disputes Unless the Trust consents in writing to the selection of an alternative forum, the sole and exclusive forum for (i) any action or proceeding brought on behalf of the Trust or the Shareholders, (ii) any action asserting a claim of breach of a fiduciary duty owed by any Trustee, officer or employee of the Trust to the Trust or the Trust’s Shareholders, (iii) any action asserting a claim arising pursuant to any provision of Massachusetts law or this Declaration of Trust or the Bylaws, (iv) any action to interpret, apply, enforce or determine the validity of this Declaration of Trust or the Bylaws or any agreement contemplated by any provision of the Investment Company Act of 1940, this Declaration of Trust or the By-Laws, or (v) any action asserting a claim governed by the internal affairs doctrine (each, a “Covered Action”) shall be within the federal or state courts in the Commonwealth of Massachusetts. Any person purchasing or otherwise acquiring or holding any interest in shares of beneficial interest of the Trust shall be (i) deemed to have notice of and consented to the provisions of this Section 7, and (ii) deemed to have waived any argument relating to the inconvenience of the forum referenced above in connection with any action or proceeding described in this Section 7. If any Covered Action is filed in a court other than in a federal or state court sitting within the Commonwealth of Massachusetts (a “Foreign Action”) in the name of any Shareholder, such Shareholder shall be deemed to have consented to (i) the personal jurisdiction of the Commonwealth of Massachusetts in connection with any action brought in any such courts to enforce the first paragraph of this Section 7 (an “Enforcement Action”) and (ii) having service of process made upon such Shareholder in any such Enforcement Action by service upon such Shareholder’s counsel in the Foreign Action as agent for such Shareholder. Furthermore, except to the extent prohibited by any provision of the Massachusetts Business Corporation Law or the Declaration of Trust, if any Shareholder shall initiate or assert a Foreign Action without the written consent of the Trust, then each such Shareholder shall be obligated jointly and severally to reimburse the Trust and any officer or Trustee of the Trust made a party to such proceeding for all fees, costs and expenses of every kind and description (including, but not limited to, all reasonable attorneys’ fees and other litigation expenses) that the parties may incur in connection with any successful motion to dismiss, stay or transfer such Foreign Action based upon non-compliance with this Section 7. If any provision or provisions of this Section 7 shall be held to be invalid, illegal or unenforceable as applied to any person or circumstance for any reason whatsoever, then, to the fullest extent permitted by law, the validity, legality and enforceability of such provision(s) in any other circumstance and of the remaining provisions of this Section 7 (including, without limitation, each portion of any sentence of this Section 7 containing any such provision held to be invalid, illegal or unenforceable that is not itself held to be invalid, illegal or unenforceable) and the application of such provision to other persons and circumstances shall not in any way be affected or impaired thereby.

  • Arbitration Decision The arbitrator’s decision will be final and binding. The arbitrator shall issue a written arbitration decision revealing the essential findings and conclusions upon which the decision and/or award is based. A party’s right to appeal the decision is limited to grounds provided under applicable federal or state law.

  • Arbitration Proceedings Arbitration between the parties will be subject to the following:

  • Arbitration of All Disputes Any controversy or claim arising out of or relating to this Agreement or the breach thereof shall be settled by arbitration in Chicago, Illinois, in accordance with the laws of the State of Illinois, by three arbitrators appointed by the parties. If the parties cannot agree on the appointment of the arbitrators, one shall be appointed by the Company and one by the Executive and the third shall be appointed by the first two arbitrators. If the first two arbitrators cannot agree on the appointment of a third arbitrator, then the third arbitrator shall be appointed by the Chief Judge of the United States Court of Appeals for the Seventh Circuit. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association, except with respect to the selection of arbitrators which shall be as provided in this paragraph 12. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. In the event that it shall be necessary or desirable for the Executive to retain legal counsel or incur other costs and expenses in connection with enforcement of his rights under this Agreement, the Company shall pay (or the Executive shall be entitled to recover from the Company, as the case may be) his reasonable attorneys' fees and costs and expenses in connection with enforcement of his rights (including the enforcement of any arbitration award in court). Payments shall be made to the Executive at the time such fees, costs and expenses are incurred. If, however, the arbitrators shall determine that, under the circumstances, payment by the Company of all or a part of any such fees and costs and expenses would be unjust, the Executive shall repay such amounts to the Company in accordance with the order of the arbitrators. Any award of the arbitrators shall include interest at a rate or rates considered just under the circumstances by the arbitrators.

  • BINDING ARBITRATION PROHIBITED The State of Colorado does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in this contact or incorporated herein by reference shall be null and void.