Common use of Dispute Arbitration Clause in Contracts

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 English. b) All disputes relating to this contract shall be subject to the jurisdiction of the Court at Nagpur to the exclusion of all other courts.

Dispute Arbitration. a) All disputes and differences arising out of or in any way touching or concerning this Contract agreement whatsoever (except as to any matter, matter the decision of which is expressly made final and provided for in the Contractagreement) shall be referred to Sole arbitrator to be the sole arbitration of any person appointed by CMD MOIL Ltd. The arbitrator shall enter the reference and conduct his proceedings according Managing Director, Central Warehousing Corporation, New Delhi. It will be no objection to any such appointment that the provisions person appointed is an employee of the Arbitration Corporation that he had to deal with the matter to which the agreement relates and Conciliation Act 1996 that in the course of his duties as amended till such employee of the date Corporation, he had expressed views on all or any of referencethe matters in dispute or difference. The Award award of such an Arbitrator arbitrator shall be final and binding on both the parties to this contractagreement. It is a term terms of this contract agreement that in the event of such an Arbitrator, Arbitrator to whom the matter is originally referred does not act being transferred or refuses to act vacating his office or is otherwise being unable to act for any reason, the CMD MOIL Ltd Central Warehousing Corporation at the time of such transfer, vacation of office or unable to act shall appoint another person to act as an Arbitratorarbitrator in accordance with the terms of this agreement. 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 terms of this contract agreement that no person other than a person so appointedappointed by the Managing Director, Central Warehousing Corporation, New Delhi as aforesaid, shall aforesaid should act as an Arbitrator and if for any reason that is not possible, possible the matter is not to be referred to the arbitration Arbitration at all. The arbitrator shall give reasons for award. Provided further that any demand for arbitration in respect of any claims claim (s) of the buyer agreementor(s) under the agreement shall be in writing and made within three months one year of the date of termination or completion/ completion (expiry of the contract period) of the agreement and where such demand this provision is not made within the above said periodcomplied with, the claims claim(s) of the buyers/party aggrieved agreement or shall be deemed to have been waived and absolutely barred and MOIL the Corporation shall be discharged and released of all liabilities under the contract agreement. The Venue of arbitration shall be such place as may be fixed by the arbitrator in respect his sole discretion. The work under the agreement shall if reasonably possible continue during the arbitration proceedings and no payment due or payable to agreementor shall be withheld on account of those claimssuch proceedings. 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 borne by 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 decision of the rules and procedure prescribed therein arbitrator. The arbitrator shall be applicabledeemed to have entered on the reference on the date he issues notice to both the parties fixing of the date of the first hearing. The seat arbitrator shall give separate award in respect of each dispute or difference referred to him. Subject as aforesaid the arbitration Arbitration and Conciliation Act, 1996 shall be at Nagpur and the language of the proceedings shall be English. b) All disputes relating to this contract shall be subject apply to the jurisdiction of the Court at Nagpur to the exclusion of all other courtsArbitration proceedings under this clause.