Dispute Arbitration Sample Clauses

Dispute Arbitration. Any dispute, controversy or claim (the “Dispute”) arising from or in connection with this Agreement shall be settled first by the parties through friendly consultation. Such consultation shall begin immediately after one party has sent a written request for such consultation to the other party. If the parties cannot settle the Dispute within thirty (30) days after the delivery of the written request referred to herein, such Dispute shall be referred to the Hong Kong International Arbitration Centre for arbitration in accordance with its Domestic Arbitration Rules. The arbitration proceedings shall be conducted in English. The arbitration award shall be final and binding on both parties. The arbitration cost, including reasonable legal counsel fees, shall be borne by the losing party. During the period when a Dispute is being resolved, the parties shall in all other respects continue their implementation of this Agreement other than the matter(s) in dispute.

Dispute Arbitration. In the event of any dispute, claim, question or difference arising out of or relating to this Agreement, other than under Section 2.6 hereof, or any breach hereof, the Parties shall use their best efforts to settle such dispute, claim, question or difference. To this effect, they shall consult and negotiate with each other, in good faith and understanding of their mutual interests, to reach a just and equitable solution satisfactory to all Parties. If the Parties do not reach a solution within a period of twenty-five (25) Business Days following the receipt by each Party of notice of such dispute, claim, question or difference, then upon notice by any Party to the other Party, the dispute, claim, question or difference shall be finally settled by arbitration in accordance with the following provisions: (a) the arbitration shall take place in Toronto, Ontario, unless the Parties agree otherwise, in the English language, and in accordance with the Rules of Arbitration of the International Chamber of Commerce with one or more arbitrators appointed in accordance with such Rules; (b) the arbitrator(s) shall be qualified by education and training to pass upon the particular matter to be decided; (c) the arbitrator(s) shall be instructed that time is of the essence in proceeding with this determination of any dispute, claim, question or difference and, in any event, the arbitration award must be rendered within thirty (30) days of any arbitral hearing; (d) the arbitrator may establish such procedures, schedules and time limits as the arbitrator, in his or her absolute discretion, considers fair and appropriate for achieving a just and proper result in relation to the particular matter in issue and in doing so may have regard to: (i) the amount in issue; (ii) the complexity of the matters in dispute; (iii) the need for urgency; (iv) the need for one or both Parties to have access to documents or information in the possession of the other; (v) whether issues of credibility are involved or whether the matter can be disposed of without the evidence of witnesses; and (vi) whether there is a need for oral argument or whether the matter can be disposed of on the basis of written submissions; (e) unless the Parties agree or the Arbitrator directs otherwise, the fact of the arbitration and all proceedings relating thereto shall be held in confidence by the Arbitrator and by the Parties and their professional advisors and consultants. The Arbitrator may authorise disclosur...

Dispute Arbitration. Unless resolved pursuant to subsection 18.1, all claims, counterclaims, disputes and other matters in question between the DISTRICT and BROKER arising out of or relating to this agreement or its breach will be decided by arbitration, if the parties mutually agree, or in a court of competent jurisdiction within the State of Illinois.

Dispute Arbitration. If the Mediation fails to resolve the Dispute and if both Parties so agree in writing, at the time of the dispute or if so provided in the body of the Agreement of which this schedule forms a part, the Dispute shall be submitted to binding Arbitration. One of the Parties may provide the other Party with written notice (“Arbitration Notice”) specifying the subject matters remaining in Dispute and the details of the matters in Dispute that are to be arbitrated. If the other Party agrees to proceed to Arbitration, such Dispute shall proceed to Arbitration. A failure to respond to the Arbitration Notice shall be deemed to constitute a refusal to proceed with Arbitration;

Dispute Arbitration. NEC and NEP intend to provide a speedy and informal method for resolving all disputes and other matters in question arising out of, or relating to, this Agreement, which involves interstate commerce and is subject to the Federal Arbitration Code. All disputes and other matters in question, of any kind, between NEC and NEP arising out of, or relating to this Agreement, shall be decided by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect. The decision of the arbitrator shall be binding. The arbitrator is specifically granted authority and directed to award reasonable attorneys' fees, expenses and costs to the successful party. A court of competent jurisdiction may be used to enforce, but not to appeal or challenge, the arbitrators' decision including the award of attorneys' fees, expenses and costs. If it becomes necessary to enforce the arbitrators' decision at either the trial or appellate level, a reasonable attorney fee for the enforcement of the arbitrators' decision shall become an additional item of damages. Any suit between NEC and NEP must be brought in Washoe County, Nevada. NEC consents to personal jurisdiction in Nevada.

Dispute Arbitration a) All disputes and differences arising out of or in any way touching or concerning this Contract whatsoever (except as to any matter, the decision of which is expressly made final and provided for in the Contract) shall be referred to Sole arbitrator to be appointed by CMD MOIL Ltd. The arbitrator shall enter the reference and conduct his proceedings according to the provisions of the Arbitration and Conciliation Act 1996 as amended till the date of reference. The Award of such an Arbitrator shall be final and binding on both the parties to this contract. It is a term of this contract that in the event of such an Arbitrator, to whom the matter is originally referred does not act or refuses to act or is otherwise unable to act for any reason, the CMD MOIL Ltd shall appoint another person to act as an Arbitrator. Such person shall be entitled to proceed with the reference from the stage at which it was left by his predecessor. It is also a term of this contract that no person other than a person so appointed, as aforesaid, shall act as an Arbitrator and if for any reason that is not possible, the matter is not to be referred to the arbitration at all. Provided further that any demand for arbitration in respect of any claims of the buyer shall be in writing and made within three months of the date of termination or completion/ expiry of the contract and where such demand is not made within the above said period, the claims of the buyers/party aggrieved shall be deemed to have been waived and absolutely barred and MOIL shall be discharged and released of all liabilities under the contract in respect of those claims. The costs of and in connection with the arbitration shall be in the discretion of the Arbitrator, who may make a suitable provision for the same in his Award. In case the buyer is a Central PSU, all the disputes and differences arising out of or in any way touching or concerning this contract between the parties shall be resolved by a reference to the permanent machinery of Arbitrations (PMA) i.e., to the sole arbitrator in the Department of public enterprises as per the O.M. No.4 (1)/2011-DPE(PMA)-GL dated 12.06.2013 issued by Department of Public Enterprises, Ministry of Heavy Industries and Public Enterprises, Government of India or any revision thereof and for all purpose arbitration of the rules and procedure prescribed therein shall be applicable. The seat of the arbitration shall be at Nagpur and the language of the proceedings shall be Eng...

Dispute Arbitration. If any dispute arises out of or in connection with this Agreement, the obligations arising under it or the interpretation of its terms, the matter shall be referred to arbitration pursuant to the Commercial Rules of the American Arbitration Association and according to the following terms: (a) Either Oregon Trail Ethanol Coalition or GreenWay may initiate arbitration by giving written notice requesting arbitration to the other. (b) The parties shall select a single arbitrator by mutual agreement, but if they fail to select an arbitrator within ten (10) calendar days of the receipt of notice of arbitration, then each party shall within seven (7) business days thereafter, appoint their respective arbitrator and the two (2) arbitrators thus chosen shall together, within seven (7) business days of their appointment, select a third arbitrator and that three member panel shall arbitrate the dispute. In the event that the two arbitrators shall fail within seven (7) business days of their appointment to select a third arbitrator, then upon written request of either party, the third arbitrator shall be appointed by the American Arbitration Association. If a party shall fail to appoint an arbitrator as required the arbitrator appointed by the other party shall be the sole arbitrator. The arbitration shall be conducted in Omaha, Nebraska. (c) Within fifteen (15) business days of the appointment of the arbitrator or panel, as the case may be, each party shall state in writing its position concerning the dispute, supported by the reasons therefore, and deliver its position to the arbitrator(s) and the other party. If either party fails to submit its position in a GREENWAY CONSULTING, LLC CONFIDENTIAL timely manner, the position submitted by the other party shall be deemed correct, and the arbitration shall be deemed concluded. The parties shall then have ten (10) calendar days to respond to the position of the other party and deliver that response to the arbitrator(s). The arbitrator(s) shall, within thirty (30) calendar days thereafter, meet to consider the documents presented in order to make a determination by majority on the issues in dispute. Within fifteen (15) business days of the end of their meeting the arbitrator(s) shall present their award. The arbitrator(s) may award a party the right to terminate this Agreement if termination is a remedy specified herein for the claim which is the subject of the arbitration. (d) Each party in such arbitration shall bear o...

Dispute Arbitration. Homeowner agrees to always allow access to property to correct any deficiencies in workmanship. If a problem should arise, repairs will be made by American Restoration Consultants. This allows us to keep warranty in effect. Should another company do any repairs to our original work, the warranty will become void. In the event of a dispute concerning the performance of this contract or the work performed hereunder, the Company and Customer agree to use a third party arbitrator to resolve their differences.

Dispute Arbitration. The Parties agree to cooperate and meet in order to resolve any disputes or controversies arising under this Agreement. Should they be unable to do so, then either may elect arbitration under the rules of the American Arbitration Association, and both Parties are obligated to proceed thereunder. Arbitration shall proceed in New York County, State of New York and the Parties agree to be bound by the arbitrator’s award, which may be filed in any state or federal court sitting in the State of New York. The prevailing Party shall be entitled to reimbursement for his attorney’s fees and all costs associated with arbitration. In any arbitration proceeding conducted pursuant to the provisions of this Section, both Parties shall have the right to conduct discovery, to call witnesses and to cross- examine the opposing Party’s witnesses, either through legal counsel, expert witnesses or both, and the provisions of the New York Civil Practice Law and Rules (Right to Discovery; Procedure and Enforcement) are hereby incorporated into this Agreement by this reference and made a part hereof.