Arbitration Commenced Clause Samples
The "Arbitration Commenced" clause defines the point at which formal arbitration proceedings are considered to have officially started between the parties. Typically, this is triggered by one party delivering a written notice of arbitration to the other, specifying the dispute and the intention to resolve it through arbitration. This clause is important because it establishes the timeline for subsequent procedural steps, such as appointing arbitrators or submitting evidence, and ensures both parties are clear on when their obligations under the arbitration process begin.
Arbitration Commenced. Clause 12.3 shall apply only if at the time the legal proceedings are commenced no arbitration has been commenced between the defendant contracting party and the other contracting party raising or involving the same or substantially the same issues as would be raised by or involved in the Third Party Claim. The tribunal in any arbitration which has been commenced prior to the commencement of legal proceedings shall determine the question, in the event of dispute, whether the issues raised or involved are the same or substantially the same.