Initiation of Arbitration Proceedings Sample Clauses

Initiation of Arbitration Proceedings. (a) If any Party to this Agreement wishes to have any matter under this Agreement arbitrated in accordance with the provisions of this Agreement, it shall give notice to the other Party hereto specifying particulars of the matter or matters in dispute and proposing the name of the person it wishes to be the single arbitrator. Within five days after receipt of such notice, the other Party to this Agreement shall give return notice to the first party advising whether such Party accepts the arbitrator proposed by the first Party and if such Party does not accept the arbitrator proposed by the first Party, proposing the name of the person it wishes to be the single arbitrator. If such return notice is not given by the other Party within such five-day period, it shall be deemed to have accepted the arbitrator proposed by the first Party. If such return notice is given within such five day period and does not accept the proposed arbitrator of the first Party and proposes another person to be arbitrator, the first Party shall, within five days after receipt of such return notice, give notice to the other Party advising whether such first party accepts the arbitrator proposed by the other Party. If the Parties do not agree upon a single arbitrator within such second five-day period, the single arbitrator shall be chosen in accordance with the Arbitrations Act, 1991 (Ontario). (b) The individual selected as Arbitrator shall be qualified by education and experience to decide the matter in dispute. The Arbitrator shall be at arm’s length from both Parties and shall not be a member of the audit or legal firm or firms who advise either Party, nor shall the Arbitrator be a person who is otherwise regularly retained by either of the Parties.

Initiation of Arbitration Proceedings. (a) If any Party to this Agreement wishes to have any matter under this Agreement arbitrated in accordance with the provisions of this Agreement, it shall give notice to the other Party hereto specifying particulars of the matter or matters in dispute and proposing the name of the person it wishes to be the single arbitrator. Within 20 days after receipt of such notice, the other Party to this Agreement shall give notice to the first Party advising whether such Party accepts the arbitrator proposed by the first Party. If such notice is not given within such 20 day period, the other Party shall be deemed to have accepted the arbitrator proposed by the first Party. If the Parties do not agree upon a single arbitrator within such 20 day period such arbitrator shall be chosen in accordance with the Arbitration Rules. (b) The individual selected as Arbitrator shall be qualified by education and experience to decide the matter in dispute. The Arbitrator shall be at arm’s length from both Parties and shall not be a member of the audit or legal firm or firms who advise either Party, nor shall the Arbitrator be a person who is otherwise regularly retained by either of the Parties. (c) The Parties agree that, in the event of any arbitration proceeding arising under this Agreement, Peñasquito and Goldcorp shall form a single party, where the context requires, for the purposes of any such proceeding.

Initiation of Arbitration Proceedings. 1. The complaining Party may request the establishment of an arbitration panel if: (a) the Party complained against does not reply to the request for consultations in accordance with Article 301, paragraph 3; (b) consultations are not held within the period of time established in Article 301 paragraphs 5 or 6, as the case may be; (c) the consulting Parties have failed to settle the dispute through consultations; or (d) the parties to the dispute have agreed not to engage in consultations according to Article 301, paragraph 4. 2. Request for the establishment of an arbitration panel shall be made in writing to the Party complained against and to the Trade Committee. The complaining Party shall identify in its request the specific measure at issue, and shall explain how that measure constitutes a violation of the provisions of this Agreement in a manner that clearly presents the legal grounds for the complaint. 3. A Party may not request the establishment of an arbitration panel to review a proposed measure. 4. Within 10 days following the date of the receipt of the request for the establishment of an arbitration panel, a Party which is not a party to the dispute and that has a substantial interest in it, may request in writing to the parties to the dispute, with copy to the Trade Committee, its participation in the arbitration procedure. Such Party may participate as a third party in accordance with the Rules of Procedure.

Initiation of Arbitration Proceedings. (a) If any Party to this Funding Agreement wishes to have any matter under the Funding Agreement arbitrated in accordance with the provisions of this Funding Agreement, it shall give notice to the other Party specifying particulars of the matter or matters in dispute and proposing the name of the individual it wishes to be the single arbitrator. Within 15 days after receipt of such notice, the other Party shall give notice to the first Party advising whether such Party accepts the arbitrator proposed by the first Party. If such notice is not given within such 15 day period, the other Party shall be deemed to have accepted the arbitrator proposed by the first Party. If the Parties do not agree upon a single arbitrator within such 15 day period, either Party may apply to a judge of the Ontario Court General Division under the Arbitration Act, as amended or substituted for from time to time, for appointment of a single arbitrator (the “Arbitrator”). (b) The individual selected as Arbitrator shall be qualified by education and experience to decide the matter in dispute and shall be at arm’s length from both Parties.

Initiation of Arbitration Proceedings. (a) If any Party to this Agreement wishes to have any dispute under Sections 3.4, 3.5 and 3.6 and Schedule 3.1 arbitrated in accordance with the provisions of this Agreement, it shall give notice to the other Party hereto specifying particulars of the matter or matters in dispute and proposing the name of the person it wishes to be the single arbitrator. Within 15 days after receipt of such notice, the other Party to this Agreement shall give notice to the first Party advising whether such Party accepts the arbitrator proposed by the first Party. If such notice is not given within such 15 day period, the other Party shall be deemed to have accepted the arbitrator proposed by the first Party. If the Parties do not agree upon a single arbitrator within such 15 day period, either party may request that the ADR Institute of Canada, Inc. select a single arbitrator (the “Arbitrator”). (b) The individual selected as Arbitrator shall be qualified by education and experience to decide the matter in dispute. The Arbitrator shall be at arm’s length from both Parties and shall not be a member of the audit or legal firm or firms who advise either Party, nor shall the Arbitrator be an individual who is, or is a member of a firm, otherwise regularly retained by either of the Parties.

Initiation of Arbitration Proceedings. (a) If any Creditor(s) (such initiating Creditor(s) being referred to as the “Claimant”) to this Agreement wishes to have any matter under this Agreement arbitrated in accordance with the provisions of this Agreement, it shall give notice to all other Creditor(s) (the “Respondent”) specifying particulars of the matter or matters in dispute and proposing the name of the person it wishes to be the single arbitrator (the “Arbitrator”). Within 5 days after receipt of such notice, the Respondent shall give notice to the Claimant advising whether the Respondent accepts the Arbitrator proposed by the Claimant. If such notice is not given within such 5 day period, the Respondent shall be deemed to have accepted the Arbitrator proposed by the Claimant. If the Creditors do not agree upon a single arbitrator within such 5 day period such arbitrator shall be chosen by the American Arbitration Association at the written request of any Creditor. (b) The individual selected as Arbitrator shall be qualified by education and experience to decide the matter in dispute. The Arbitrator shall be at arm’s length from all Creditors and shall not be a member of the audit or legal firm or firms who advise any Creditor or a person who is otherwise regularly retained by any Creditor. The Arbitrator shall provide all disclosure required by the Arbitration Rules. (c) The costs charged by the Arbitrator selected shall be shared equally among the Creditors to the arbitration on an interim basis subject to a final allocation of the costs of the arbitration by the Arbitrator.

Initiation of Arbitration Proceedings. If any Party to this Agreement wishes to have any matter under this Agreement arbitrated in accordance with the provisions of this Agreement, it shall give notice to the other Party hereto specifying particulars of the matter or matters in dispute and proposing the name of the person it wishes to be the single arbitrator. Within 20 days after receipt of such notice, the other Party to this Agreement shall give notice to the first Party advising whether such Party accepts the arbitrator proposed by the first Party. If such notice is not given within such 20 day period, the other Party shall be deemed to have accepted the arbitrator proposed by the first Party. If the Parties do not agree upon a single arbitrator within such 20 day period such arbitrator shall be chosen in accordance with the Arbitration Rules.

Initiation of Arbitration Proceedings. (a) If any Party to this Agreement wishes to have any matter under the Agreement arbitrated in accordance with the provisions of this Agreement, it shall give notice (an “Arbitration Notice”) to each other Party specifying particulars of the matter or matters in dispute and proposing the name of the person it wishes to be the single arbitrator. If a Party has no financial or other interest in a dispute, it may so notify the first Party and thereafter it shall not participate in the arbitration of the dispute and shall not be a “Respondent” as defined below and actions may be taken with respect to such dispute, without notice to or the consent of such non-interested Party. Within fifteen (15) days after receipt of the Arbitration Notice, the other Parties shall give notice to the first ▇▇▇▇▇ advising whether such other Parties accept the arbitrator proposed by the first Party. If such notice is not given by all other Parties within such fifteen (15) day period, the other Parties shall be deemed to have accepted the arbitrator proposed by the first Party. If the Parties do not agree upon a single arbitrator within such fifteen (15) day period, any Party may apply to a judge of the Ontario Court, General Division under the Arbitration Act, 1991, S.O.1991, chap. 17, (the “Arbitration Act”) for the appointment of a single arbitrator (the “Arbitrator”). (b) The individual selected as Arbitrator shall be qualified by education and experience to decide the matter in dispute. The Arbitrator shall be at arm’s length from all of the Parties and shall not be a member of the audit or legal firm or firms who advise any Party, nor shall the Arbitrator be an individual who is, or is a member of a firm, otherwise regularly retained by any of the Parties.

Initiation of Arbitration Proceedings. (a) Any dispute, disagreement or claim arising out of or in connection with this Agreement that has not been resolved by the Parties within ten (10) Business Days of the delivery of notice by one Party to the other Party of such dispute, disagreement or claim shall be referred to binding arbitration and shall not be brought before any court of competent jurisdiction other than to obtain temporary injunctive relief under the equitable powers of such court. Subject to Section 1(b) below, such referral to binding arbitration shall be to three (3) qualified arbitrators (the “Arbitrators”). The International Commercial Arbitration Act (Ontario) shall govern such arbitration proceedings in accordance with its terms except to the extent modified in this Schedule “B”. The determination of the Arbitrators shall be final and binding upon the Parties and shall not be subject to appeal or review procedure and the costs of such arbitration shall be as determined by the Arbitrators. The Parties covenant that they shall conduct all aspects of such arbitration having regard at all times to expediting the final resolution of such arbitration. (b) If any Party wishes to have any matter under this Agreement arbitrated in accordance with the provisions of this Agreement, it shall give notice to the other Party hereto specifying particulars of the matter or matters in dispute and proposing the name of one person it wishes to be appointed an Arbitrator. Within ten (10) days after receipt of such notice, the other Party shall give return notice to the first Party proposing the name of a person it wishes to be appointed an Arbitrator. If such return notice is not given by the other Party within such ten (10) day period, it shall be deemed to have accepted the Arbitrator proposed by the first Party as the sole Arbitrator. If such return notice is given within such ten (10) day period proposing another person to be Arbitrator, the two proposed Arbitrators shall meet within ten (10) days of such second notice and select a third person to be the third Arbitrator and act as Chairman of the arbitration panel within five (5) days of such meeting. If said arbitrators shall be unable to agree on the selection of such third Arbitrator, then the arbitrators shall apply to the ADR Institute of Canada, Inc. for a list of arbitrators pursuant to Rule 15 of their National Arbitration Rules. (c) All Arbitrators so nominated or selected shall be qualified by education and who have sufficient indu...