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 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.

Appears in 2 contracts

Sources: Asset Purchase Agreement (LPBP Inc), Asset Purchase Agreement (MDS Inc)

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, each of the other Party Parties 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 the Parties and shall not be a member of the audit or legal firm or firms who advise either a Party, nor shall the Arbitrator be an individual who is, or is a member of a firm, otherwise regularly retained by either of the Partiesa Party.

Appears in 1 contract

Sources: Asset Purchase Agreement (MDS Inc)

Initiation of Arbitration Proceedings. (a) If any Party to this Agreement wishes to have any dispute matter under Sections 3.4, 3.5 and 3.6 and Schedule 3.1 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 15 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 15 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 15 20 day periodperiod such arbitrator shall be chosen in accordance with the ARBITRATION ACT, either party may request that the ADR Institute of Canada, Inc. select a single arbitrator 1991 (Ontario) (the “Arbitrator”"Arbitration Act"). (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 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 a person who is, or is a member of a firm, otherwise regularly retained by either of the Parties.

Appears in 1 contract

Sources: Option Agreement (Halo Resources LTD)