Common use of Initiation of Arbitration Proceedings Clause in Contracts

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.

Appears in 2 contracts

Sources: Partial Royalty Repurchase and Amending Agreement (New Gold Inc. /FI), Free Cash Flow Royalty Agreement (New Gold Inc. /FI)

Initiation of Arbitration Proceedings. (a) All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce (the “Rules”) by one or more arbitrators (the “Arbitrators”) appointed in accordance with the Rules. (b) If any Party to this Agreement 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 party hereto specifying particulars of the matter or matters in dispute and proposing the name of the one person it wishes to be the single arbitratorappointed an Arbitrator. Within five ten (10) days after receipt of such notice, the other Party to this Agreement party 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 a person it wishes to be the single arbitratorappointed an Arbitrator. If such return notice is not given by the other Party party within such five-ten (10) day period, it shall be deemed to have accepted the arbitrator Arbitrator proposed by the first Partyparty as the sole Arbitrator. If such return notice is given within such five ten (10) day period and does not accept the proposed arbitrator of the first Party and proposes proposing another person to be arbitratorArbitrator, the first Party shallparties shall request that the two proposed Arbitrators shall meet as soon as practicable and if possible, within five ten (10) days after receipt of such return notice, give second notice and select a third person to be the other Party advising whether third Arbitrator and act as Chairman of the arbitration panel within five (5) days of such first party accepts the arbitrator proposed by the other Partymeeting. If said arbitrators shall be unable to agree on the Parties do not agree upon a single arbitrator selection of such third Arbitrator within such second five-day periodthirty (30) days, then the single third arbitrator shall be chosen by the International Court of Arbitration in accordance with the Arbitrations Act, 1991 (Ontario)Rules of Arbitration. (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.

Appears in 1 contract

Sources: Silver Purchase Agreement (Silver Wheaton Corp.)

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 5 days after receipt of such notice, the other Party to this Agreement shall give return notice to the first party 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 received by the first Party within such 5 day period, 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 received by the first Party within such five 5 day period and the other Party does not accept the proposed arbitrator of the first Party and proposes another person to be arbitrator, the first Party shall, within five 5 days after receipt of such return notice, give notice to the other Party advising whether such first party Party accepts the arbitrator proposed by the other Party. If the Parties do not agree upon a single arbitrator within such second five-5 day period, the single arbitrator shall be chosen in accordance with the Arbitrations Arbitration 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.

Appears in 1 contract

Sources: Option Agreement (Northwestern Mineral Ventures Inc.)

Initiation of Arbitration Proceedings. (a) If any Party 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 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 5 days after receipt of such notice, the other Party party to this Agreement shall give return notice to the first party advising whether such Party party accepts the arbitrator proposed by the first Party party and if such Party party does not accept the arbitrator proposed by the first Partyparty, proposing the name of the person it wishes to be the single arbitrator. If such return notice is not given by the other Party party within such five-5 day period, it shall be deemed to have accepted the arbitrator proposed by the first Partyparty. If such return notice is given within such five 5 day period and does not accept the proposed arbitrator of the first Party party and proposes another person to be arbitrator, the first Party party shall, within five 5 days after receipt of such return notice, give notice to the other Party party advising whether such first party accepts the arbitrator proposed by the other Partyparty. If the Parties parties do not agree upon a single arbitrator within such second five-5 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 's length from both Parties parties and shall not be a member of the audit or legal firm or firms who advise either Partyparty, nor shall the Arbitrator be a person who is otherwise regularly retained by either of the Partiesparties.

Appears in 1 contract

Sources: Option Agreement (Halo Resources LTD)

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 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.

Appears in 1 contract

Sources: Purchase Agreement (New Gold Inc. /FI)

Initiation of Arbitration Proceedings. (a) If any Party 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 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 10 days after receipt of such notice, the other Party party to this Agreement shall give return notice to the first party advising whether such Party party accepts the arbitrator proposed by the first Party party and if such Party party does not accept the arbitrator proposed by the first Partyparty, proposing the name of the person it wishes to be the single arbitrator. If such return notice is not given by the other Party party within such five-10 day period, it shall be deemed to have accepted the arbitrator proposed by the first Partyparty. If such return notice is given within such five 10 day period and does not accept the proposed arbitrator of the first Party party and proposes another person to be arbitrator, the first Party party shall, within five 10 days after receipt of such return notice, give notice to the other Party party advising whether such first party accepts the arbitrator proposed by the other Partyparty. If the Parties parties do not agree upon a single arbitrator within such second five-5 day period, the single arbitrator shall be chosen in accordance with the Arbitrations Act, 1991 THE ARBITRATIONS ACT (OntarioManitoba). (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 's length from both Parties parties and shall not be a member of the audit or legal firm or firms who advise either Partyparty, nor shall the Arbitrator be a person who is otherwise regularly retained by either of the Partiesparties.

Appears in 1 contract

Sources: Purchase Agreement (Halo Resources LTD)