Institution of Formal Proceedings Clause Samples
The 'Institution of Formal Proceedings' clause defines the process by which a party may initiate official legal or arbitration actions to resolve a dispute under the agreement. Typically, this clause outlines the steps required before formal proceedings can begin, such as providing written notice to the other party or attempting informal resolution first. Its core function is to establish a clear and orderly procedure for escalating unresolved disputes, ensuring both parties understand when and how formal legal action may be pursued.
Institution of Formal Proceedings. Subject to the provisions of clauses 14.1 and 14.2, the Parties agree that either Party may elect to refer any dispute which may arise to any court with jurisdiction in South Africa or to arbitration proceedings as contemplated in clause 14.4. Upon election by a Party initiating the relevant dispute proceedings, the other Party will be bound by such election for the purposes of the dispute in question.
Institution of Formal Proceedings. Subject to the provisions of clauses 28.1 and 28.2, the Parties agree that either Party may elect to refer any dispute which may arise to the exclusive jurisdiction of the Courts of England and Wales under the provisions of the Laws of England and Wales by initiating the relevant dispute proceedings, the other Party will be bound by such election for the purposes of the dispute in question.
Institution of Formal Proceedings. Subject to the provisions of clauses 16.1 and 16.2, the Parties agree that either Party may elect to refer any dispute which may arise to the English courts or to arbitration proceedings as contemplated in clause 16.4. Upon election by a Party initiating the relevant dispute proceedings, the other Party will be bound by such election for the purposes of the dispute in question.