Common use of Conciliation and Arbitration Clause in Contracts

Conciliation and Arbitration. Any Dispute arising in connection with this Agreement which is not resolved by the Parties pursuant to Article 11.1 within sixty (60) Days of the notice of the Dispute or Article 11.3(c) and Article 11.3(d), shall first be referred to Conciliation as under: (i) The Seller has framed the Conciliation Rules 2010 in conformity with supplementary to part – III of the Indian Arbitration and Conciliation ▇▇▇ ▇▇▇▇ for speedier, cost effective and amicable settlement of disputes through conciliation. A copy of the said rules made available on GAIL’s website ▇▇▇.▇▇▇▇▇▇▇▇▇▇.▇▇▇ for reference. Unless otherwise specified all the issues / disputes which cannot be mutually resolved within a reasonable time shall be settled in accordance with the Conciliation Rules 2010. (ii) Any dispute(s) / difference(s) / issue(s) of any kind whatsoever between / amongst the Parties arising under / out of / in connection with this contract shall be settled in accordance with the aforesaid rules. (iii) In case of any dispute(s) / difference(s) / issue(s), a Party shall notify the other Party(ies) in writing about such a dispute(s) / difference(s) / issue(s) between / amongst the Parties and that such a Party wishes to refer the dispute(s) / difference(s) / issue(s) to Conciliation. Such invitation for Conciliation shall contain sufficient information as to the dispute(s) / difference(s) / issue(s) to enable the other Party(ies) to be fully informed as to the nature of the dispute(s) / difference(s) / issue(s), the amount of monetary claim, if any, and apparent cause(s) of action. (iv) Conciliation proceedings commence when the other Party(ies) accept(s) the invitation to conciliate and confirmed in writing. If the other Party(ies) reject(s) the invitation, there will be no conciliation proceedings. (v) If the Party initiating the conciliation does not receive a reply within thirty days from the date on which he/she sends the invitation, or within such other period of time as specified in the invitation, he/she may elect to treat this as a rejection of the invitation to conciliate. If he/she so elects, he/she shall inform the other Party(ies) accordingly. (vi) Where invitation for Conciliation has been furnished, the Parties shall attempt to settle such dispute(s) amicably under part – III of the Indian Arbitration and Conciliation Act, 1996 and ▇▇▇▇ (India) Limited Conciliation Rules, 2010. It would be only after exhausting the option of Conciliation as an alternate dispute resolution mechanism that the Parties hereto shall go for Arbitration. For the purpose of this clause, the option of ‘Conciliation’ shall be deemed to have been exhausted, even in case of rejection of ‘Conciliation’ by any of the Parties. (vii) The cost of Conciliation proceedings including but not limited to fees for conciliator(s), airfare, local transport, accommodation, cost towards conference facility etc. shall be borne by the Parties equally. (viii) The Parties shall freeze claim(s) of interest, if any, and shall not claim the same during the pendency of Conciliation proceedings. The settlement agreement, as and when reached / agreed upon, shall be signed between the Parties and Conciliation proceedings shall stand terminated on the date of the settlement agreement. In the event, the Parties are unable to resolve the Dispute pursuant to the Conciliation Rules 2010, then the Dispute shall be referred for Arbitration: Alternative 1- Where both the Parties are Government Company (a) in the event of any dispute or difference relating to the interpretation and application of the provisions of this Agreement, such dispute or difference shall be referred by either party for arbitration to the sole arbitrator in the Department of Public Enterprises to be nominated by the Secretary to the Government of India in charge of the Department of Public Enterprises. The Arbitration and Conciliation Act, 1996 shall not be applicable to arbitration under this Article. The award of the arbitrator shall be binding upon the parties to the dispute, provided, however, any party aggrieved by such award may make further reference for setting aside or revision of the award to the Law Secretary, Department of Legal Affairs, Ministry of Law and Justice, Government of India at New Delhi. Upon such reference the dispute shall be decided by the Law Secretary or the Special Secretary/Additional Secretary authorized by the Law Secretary, whose decision shall bind the Parties finally and conclusively. The Parties to the dispute will share equally the cost of arbitration as intimated by the arbitrator. (b) in the event either Party ceases to be a Government Company, due to privatization or disinvestment or otherwise, the dispute or differences relating to the interpretation and application of the provisions of this Agreement between the Parties shall still be referred to the arbitration proceedings provided above in Article 11.6(a), as per office memorandum No. DPE/4(10)/2001- PMA G 21, dated 22 January, 2004 of the Department of Public Enterprises, Ministry of Heavy Industries and Public Enterprises, Government of India;

Conciliation and Arbitration. Any Dispute arising in connection with this Agreement which is not resolved by the Parties pursuant to Article 11.1 within sixty (60) Days of the notice of the Dispute or Article 11.3(c) and Article 11.3(d), shall first be referred to Conciliation as under: (i) The Seller has framed the Conciliation Rules 2010 in conformity with supplementary to part – III of the Indian Arbitration and Conciliation ▇▇▇ ▇▇▇▇ for speedier, cost effective and amicable settlement of disputes through conciliation. A copy of the said rules made available on GAIL’s website ▇▇▇.▇▇▇▇▇▇▇▇▇▇.▇▇▇ for reference. Unless otherwise specified all the issues / disputes which cannot be mutually resolved within a reasonable time shall be settled in accordance with the Conciliation Rules 2010. (ii) Any dispute(s) / difference(s) / issue(s) of any kind whatsoever between / amongst the Parties arising under / out of / in connection with this contract shall be settled in accordance with the aforesaid rules. (iii) In case of any dispute(s) / difference(s) / issue(s), a Party shall notify the other Party(ies) in writing about such a dispute(s) / difference(s) / issue(s) between / amongst the Parties and that such a Party wishes to refer the dispute(s) / difference(s) / issue(s) to Conciliation. Such invitation for Conciliation shall contain sufficient information as to the dispute(s) / difference(s) / issue(s) to enable the other Party(ies) to be fully informed as to the nature of the dispute(s) / difference(s) / issue(s), the amount of monetary claim, if any, and apparent cause(s) of action. (iv) Conciliation proceedings commence when the other Party(ies) accept(s) the invitation to conciliate and confirmed in writing. If the other Party(ies) reject(s) the invitation, there will be no conciliation proceedings. (v) If the Party initiating the conciliation does not receive a reply within thirty days from the date on which he/she sends the invitation, or within such other period of time as specified in the invitation, he/she may elect to treat this as a rejection of the invitation to conciliate. If he/she so elects, he/she shall inform the other Party(ies) accordingly. (vi) Where invitation for Conciliation has been furnished, the Parties shall attempt to settle such dispute(s) amicably under part – III of the Indian Arbitration and Conciliation Act, 1996 and ▇▇▇▇ (India) Limited Conciliation Rules, 2010. It would be only after exhausting the option of Conciliation as an alternate dispute resolution mechanism that the Parties hereto shall go for Arbitration. For the purpose of this clauseArticle, the option of ‘Conciliation’ shall be deemed to have been exhausted, even in case of rejection of ‘Conciliation’ by any of the Parties. (vii) The cost of Conciliation proceedings including but not limited to fees for conciliator(s), airfare, local transport, accommodation, cost towards conference facility etc. shall be borne by the Parties equally. (viii) The Parties shall freeze claim(s) of interest, if any, and shall not claim the same during the pendency of Conciliation proceedings. The settlement agreement, as and when reached / agreed upon, shall be signed between the Parties and Conciliation proceedings shall stand terminated on the date of the settlement agreement. In the event, the Parties are unable to resolve the Dispute pursuant to the Conciliation Rules 2010, then the Dispute shall be referred for Arbitration: Alternative 1- Where both the Parties are Government Company (a) in the event of any dispute or difference relating to the interpretation and application of the provisions of this Agreement, such dispute or difference shall be referred by either party for arbitration to the sole arbitrator in the Department of Public Enterprises to be nominated by the Secretary to the Government of India in charge of the Department of Public Enterprises. The Arbitration and Conciliation Act, 1996 shall not be applicable to arbitration under this Article. The award of the arbitrator shall be binding upon the parties to the dispute, provided, however, any party aggrieved by such award may make further reference for setting aside or revision of the award to the Law Secretary, Department of Legal Affairs, Ministry of Law and Justice, Government of India at New Delhi. Upon such reference the dispute shall be decided by the Law Secretary or the Special Secretary/Additional Secretary authorized by the Law Secretary, whose decision shall bind the Parties finally and conclusively. The Parties to the dispute will share equally the cost of arbitration as intimated by the arbitrator. (b) in the event either Party ceases to be a Government Company, due to privatization or disinvestment or otherwise, the dispute or differences relating to the interpretation and application of the provisions of this Agreement between the Parties shall still be referred to the arbitration proceedings provided above in Article 11.6(a), as per office memorandum No. DPE/4(10)/2001- PMA G 21, dated 22 January, 2004 of the Department of Public Enterprises, Ministry of Heavy Industries and Public Enterprises, Government of India;

Conciliation and Arbitration. Any Dispute arising in connection with this Agreement which is not resolved by the Parties pursuant to Article 11.1 within sixty (60) Days of the notice of the Dispute or Article 11.3(c) and Article 11.3(d), shall first be referred to Conciliation as under: (i) The Seller has framed the Conciliation Rules 2010 in conformity with supplementary to part – III of the Indian Arbitration and Conciliation ▇▇▇ ▇▇▇▇ for speedier, cost effective and amicable settlement of disputes through conciliation. A copy of the said rules made available on GAIL’s website ▇▇▇.▇▇▇▇▇▇▇▇▇▇.▇▇▇ for reference. Unless otherwise specified all the issues / disputes which cannot be mutually resolved within a reasonable time shall be settled in accordance with the Conciliation Rules 2010. (ii) Any dispute(s) / difference(s) / issue(s) of any kind whatsoever between / amongst the Parties arising under / out of / in connection with this contract shall be settled in accordance with the aforesaid rules. (iii) In case of any dispute(s) / difference(s) / issue(s), a Party shall notify the other Party(ies) in writing about such a dispute(s) / difference(s) / issue(s) between / amongst the Parties and that such a Party wishes to refer the dispute(s) / difference(s) / issue(s) to Conciliation. Such invitation for Conciliation shall contain sufficient information as to the dispute(s) / difference(s) / issue(s) to enable the other Party(ies) to be fully informed as to the nature of the dispute(s) / difference(s) / issue(s), the amount of monetary claim, if any, and apparent cause(s) of action. (iv) Conciliation proceedings commence when the other Party(ies) accept(s) the invitation to conciliate and confirmed in writing. If the other Party(ies) reject(s) the invitation, there will be no conciliation proceedings. (v) If the Party initiating the conciliation does not receive a reply within thirty days from the date on which he/she sends the invitation, or within such other period of time as specified in the invitation, he/she may elect to treat this as a rejection of the invitation to conciliate. If he/she so elects, he/she shall inform the other Party(ies) accordingly. (vi) Where invitation for Conciliation has been furnished, the Parties shall attempt to settle such dispute(s) amicably under part – III of the Indian Arbitration and Conciliation Act, 1996 and ▇▇▇▇ (India) Limited Conciliation Rules, 2010. It would be only after exhausting the option of Conciliation as an alternate dispute resolution mechanism that the Parties hereto shall go for Arbitration. For the purpose of this clauseArticle, the option of ‘Conciliation’ shall be deemed to have been exhausted, even in case of rejection of ‘Conciliation’ by any of the Parties. (vii) The cost of Conciliation proceedings including but not limited to fees for conciliator(s), airfare, local transport, accommodation, cost towards conference facility etc. shall be borne by the Parties equally. (viii) The Parties shall freeze claim(s) of interest, if any, and shall not claim the same during the pendency of Conciliation proceedings. The settlement agreement, as and when reached / agreed upon, shall be signed between the Parties and Conciliation proceedings shall stand terminated on the date of the settlement agreement. In the event, the Parties are unable to resolve the Dispute pursuant to the Conciliation Rules 2010, then the Dispute shall be referred for Arbitration: Alternative 1- Where both the Parties are Government Company (a) in the event of any dispute or difference relating to the interpretation and application of the provisions of this Agreement, such dispute or difference shall be referred by either party for arbitration to the sole arbitrator in the Department of Public Enterprises to be nominated by the Secretary to the Government of India in charge of the Department of Public Enterprises. The Arbitration and Conciliation Act, 1996 shall not be applicable to arbitration under this Article. The award of the arbitrator shall be binding upon the parties to the dispute, provided, however, any party aggrieved by such award may make further reference for setting aside or revision of the award to the Law Secretary, Department of Legal Affairs, Ministry of Law and Justice, Government of India at New Delhi. Upon such reference the dispute shall be decided by the Law Secretary or the Special Secretary/Additional Secretary authorized by the Law Secretary, whose decision shall bind the Parties finally and conclusively. The Parties to the dispute will share equally the cost of arbitration as intimated by the arbitrator.arbitrator.‌ (b) in the event either Party ceases to be a Government Company, due to privatization or disinvestment or otherwise, the dispute or differences relating to the interpretation and application of the provisions of this Agreement between the Parties shall still be referred to the arbitration proceedings provided above in Article 11.6(a), as per office memorandum No. DPE/4(10)/2001- PMA G 21, dated 22 January, 2004 of the Department of Public Enterprises, Ministry of Heavy Industries and Public Enterprises, Government of India;