DISPUTE RESOLUTION Amicable Settlement Clause Samples

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DISPUTE RESOLUTION Amicable Settlement. In case of any difference or dispute, both Parties shall attempt to settle the difference or dispute amicably before the commencement of Arbitration. If the person so appointed is unable or unwilling to act, as the sole arbitrator, some other person wiling to act as such arbitrator shall be appointed by the Chairman and Managing Director or Chairman or Vice Chairman of the Company. It is also a term of the Work Order / Subcontract that no person other than a person appointed by Chairman and Managing Director or Chairman or Vice Chairman of the Company as aforesaid should act as arbitrator. It is a term of the Work Order / Subcontract that the Party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under this Clause together with the amount or amounts claimed in respect of each such dispute. The arbitrator may from time to time with consent of the Parties enlarge the time, for making and publishing the award. The work under the Work Order / Subcontract shall, continue during the arbitration proceedings. The Arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the Parties fixing the date of the first hearing. The Arbitrator shall give a separate award in respect of each difference or dispute referred to it. The venue of arbitration shall be Mumbai. The court at Mumbai shall have exclusive Jurisdiction regarding the disputes engendered out of this Subcontract / Work Order. The award of the arbitrator shall be final, conclusive and binding on all Parties to this Work Order / Subcontract. The cost and expenses of Arbitration proceedings shall be shared equally by the parties Subject as aforesaid, the provisions of the Arbitration and Conciliation Act, 1996, or any statutory modification or re-enactment thereof and the rules made thereunder and for the time being in force shall apply to the arbitration proceeding under this Clause. These General Conditions of Work Order shall be read in conjunction with the Special Conditions, if any and shall form an integral and binding part of the Work Order placed on the Subcontractor or Subcontract Agreement signed with the ‘Subcontractor’ by ▇▇▇▇▇▇ Engineers and Contractors Private Limited (hereinafter referred to as the Main Contractor or the Company) and collectively referred as Parties for the execution of the ‘Subcontract Works’.
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DISPUTE RESOLUTION Amicable Settlement i) The dispute between the distribution franchisee and the consumer of the distribution licensee shall be adjudicated by the Appropriate Forum for redressal of the grievances as specified in PSERC (Forum & Ombudsman) Regulations, 2016, as amended from time to time. ii) In case of any dispute between the distribution licensee and the distribution franchisee, the matter shall be attempted to be resolved by means of mutual negotiation and amicable resolution. Upon failure of such resolution within a period of 30 days, all such disputes and differences shall be adjudicated by means of arbitration by a sole arbitrator to be mutually agreed to by the parties, failing which, arbitrator may be appointed by the competent court. The arbitration proceedings shall be governed by the Arbitration and Conciliation Act, 1996. The place of arbitration shall be Chandigarh/Patiala and the language of Arbitration shall be English.
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DISPUTE RESOLUTION Amicable Settlement a. In case of any dispute between distribution licensee and DF, matter shall first attempted to be resolved by means of mutual negotiation and amicable resolution and upon failure of such amicable resolution within a period of 30 days, all such disputes and differences shall be adjudicated by Appropriate Forum for redressal of their grievances as specified in PSERC (Forum & Ombudsman) Regulations, 2016, as amended from time to time. b. Both the parties shall continue to perform their respective obligations during the conduct of the dispute Settlement procedure.
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DISPUTE RESOLUTION Amicable Settlement. 46.1. The Parties shall use their best efforts to settle amicably all disputes arising out of or in connection with this Agreement. 46.2. A written notice of the existence of a Dispute shall be given by a Party to another Party. In the event that no agreements are reached within sixty days (60) after the date on which a Party notifies the other that a Dispute exists, or such longer period as specifically agreed by the Parties in writing, any Party shall have the right to have such Dispute determined by expert determination or arbitration as provided for in this Article. Notwithstanding the above, such period of negotiation is not required where the running of the time period may bar access to arbitration. 46.3. Any Dispute arising out of or in connection with this Agreement may be referred to a sole expert, by a Party giving notice to such effect. The sole expert shall be requested to issue an opinion for use by the Parties in an effort to settle any such Dispute. 46.4. The sole expert shall be appointed by agreement between the Parties, and in the event the Parties fail to agree on the sole expert within forty-five (45) days after receipt of the written notice from any Party proposing the appointment of a sale expert, such expert shall be appointed by the International Chamber of Commerce ("ICC") in accordance with its Rules for the Appointment of Experts and Neutrals. A sole expert shall be an independent and impartial person of international standing with relevant qualifications and experience. 46.5. The expert, once appointed, shall have no ex parte communications with any of the parties to the Dispute concerning the expert determination or the underlying Dispute. The Parties shall cooperate fully in the expeditious conduct of such expert determination and provide the expert with access to all facilities, books, records, documents, information and personnel necessary to make a fully informed decision in an expeditious manner. 46.6. The sole expert shall act as an expert and not as an arbitrator or mediator and shall endeavour to provide an opinion on the Dispute within thirty (30) days of his/her appointment, but no later than sixty (60) days after his/her appointment. The sole expert shall decide the manner in which any determination is made, but in any event shall accept oral and/or written submissions and arguments from the Parties. 46.7. The decision of the sole expert on matters referred to him shall not be final and binding on the Parties and the...
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Related to DISPUTE RESOLUTION Amicable Settlement

  • Dispute Settlement 1. A Party may not initiate proceedings under the general dispute settlement provisions of this Agreement regarding a refusal to grant temporary entry under this Chapter unless: (a) the matter involves a pattern of practice; and (b) the business person has exhausted the available administrative remedies regarding the particular matter. 2. The remedies referred to in subparagraph 1(b) shall be deemed to be exhausted if a final determination in the matter has not been issued by the competent authority within one year of the institution of an administrative proceeding, and the failure to issue a determination is not attributable to delay caused by the business person.

  • Dispute Resolution Mechanism a. Any dispute regarding the administration of the Institute at the Company or plant level shall be subject to expedited resolution by the Chairs of the Union and Company Negotiating Committees and the Executive Director of ICD who shall apply the policies, rules and regulations of the Governing Board and the provisions of this Section in ruling on any such dispute. Rulings of the Executive Director may be appealed to the Governing Board, but shall become and remain effective unless stayed or reversed by the Governing Board. b. Within sixty (60) days of the Effective Date, the parties will develop an expedited dispute resolution mechanism that resolves disputes within two (2) weeks.

  • Initial Dispute Resolution If a dispute arises out of or relates to this Contract or its breach, the parties shall endeavor to settle the dispute first through direct discussions between the parties’ representatives who have the authority to settle the dispute. If the parties’ representatives are not able to promptly settle the dispute, they shall refer the dispute to the senior administrators of the parties who have the authority to settle the dispute, who shall meet within fourteen days thereafter. If the dispute is not settled by the senior administrators, the parties may submit the dispute to mediation in accordance with Paragraph 5.2.3.2.

  • Dispute Settlement Procedures The objectives of this procedure is to promote the prompt resolution of grievances by consultation, co-operation and discussion; to reduce the level of disputation; and to promote efficiency, effectiveness and equity in the workplace. a) In relation to any matter that may be in dispute, except matters relating to the actual or threatened termination of your employment, the parties to the dispute must firstly attempt to resolve the dispute at the workplace level, by: i) you and your supervisor meeting and conferring on the matter; and if the matter is not resolved at such a meeting, the parties arranging further discussions involving more senior levels of management (as appropriate); and ii) acknowledging the right of either party to appoint, in writing, another person to act on their behalf in relation to resolving the matter at the workplace level; and iii) agreeing to allow either party to refer the matter to mediation or other alternative dispute resolution process to be conducted by a person agreed between the parties in dispute on the matter; iv) agreeing that if either party refers the matter to alternative dispute resolution both parties will participate in the alternative dispute resolution in good faith; and v) agreeing that during the time when the parties attempt to resolve the matter: - the parties continue to work in accordance with their contract of employment unless you have a reasonable concern about an imminent risk to your health or safety; and - subject to relevant provisions of any state or territory occupational health and safety law, you must not unreasonably fail to comply with a direction by us to perform work, whether at the same workplace or another workplace, that is safe and appropriate for you to perform; and - the parties must cooperate to ensure that the dispute resolution procedures are carried out as quickly as is reasonably possible. b) The parties to the dispute acknowledge that if we are unable to agree on the person to conduct the alternative dispute resolution process, either party can notify the Industrial Registrar. In this case, the Industrial Registrar will provide the parties with information about options to resolve the dispute.

  • DISPUTE SETTLEMENT PROCEDURE A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. Disputes over any work related or industrial matter should be dealt with as close to its source as possible. Disputes over matters arising from this agreement shall be dealt with according to the following procedure. An employee or the union delegate or site ▇▇▇▇▇▇▇ or Enterprise should initially submit any work related grievance and/or industrial matter to the site foreperson, supervisor or other appropriate site representative of the company or appropriate site union representative as relevant. If the matter remains unresolved the union delegate or site ▇▇▇▇▇▇▇ may then submit the matter to the appropriate senior management person. Where relevant the Enterprise may submit the matter to a union official. If still not resolved the delegate or site ▇▇▇▇▇▇▇ shall refer the matter to an appropriate official of the union, who shall discuss the matter with the nominated representative of the Enterprise. If still not resolved there may be discussions between the state secretary and senior management representative. Whilst the above procedures are being followed work should continue as normal. This procedure is to be followed in good faith and without unreasonable delay by any party. Should the matter remain unresolved and where the issue is within the jurisdiction of the Victorian Building Industry Disputes Board (“the Board”), either of the parties shall refer the dispute at first instance to the Board (which shall deal with the dispute in accordance with VBIA procedures and, where required, determine issues of jurisdiction). The Board’s decision will be accepted by all parties subject to the right of either party to refer the dispute to the Australian Industrial Relations Commission for conciliation and if required arbitration. The Commission’s decision will be accepted by all parties subject to legal rights of appeal. This dispute settlement procedure does not apply to health and safety issues or issues of industry, state or national significance.