CONCILIATION & ARBITRATION Sample Clauses

CONCILIATION & ARBITRATION. 41.1 “Except where otherwise provided in the contract all matters, questions, disputes or differences whatsoever, which shall at any time arise between the parties hereto, touching the construction, meaning, operation or effect of the contract, or out of the matters relating to the contract or breach thereof, or the respective rights or liabilities of the parties, whether during or after completion of works or whether before or after termination shall after written notice by either party to the contract be referred to the arbitration of Chief Executive Officer, Ramagundam Fertilizers & Chemicals Ltd. or his/her nominee. 41.2 The Arbitration & Conciliation Act, 1996 or any statutory modification or re-enactment thereof and the rules made there under shall govern the Arbitration proceedings. 41.3 The contractor hereby agrees that he shall have no objection if the arbitrator so appointed is an employee of RFCL and he had to deal with the matter to which the contract relates and that in the course of his duties as such he has expressed his views on all or any of the matter in dispute or differences. 41.4 If the arbitrator to whom matter is referred, vacates his/her office by any reason whatsoever then the next arbitrator so appointed by the authority referred above may start the proceedings from where his predecessor left or at any such stage he may deem fit.” 41.5 Any disputes or differences whatsoever arising between the parties and or relating to the construction, interpretation, application, meaning, scope, operation or effect of this contract or the validity or the breach thereof, shall be settled by arbitration in accordance with the Rules of Conciliation and Arbitration and the award made in pursuance thereof shall be final and binding on both the parties."

CONCILIATION & ARBITRATION. 15.1 Any disputes, claims or controversies connected with, arising out of, or related to, this Agreement and the rights and obligations created herein, or the breach, validity, existence or termination hereof (the ‘Dispute”), shall first be submitted to the respective representatives of the parties for resolution. If those designated representatives are unable to resolve such dispute, claim or controversy within thirty (30) days of such submission, the dispute, claim or controversy shall then be submitted to the Presidents of the respective parties for resolution. If the respective Presidents of the parties are unable to resolve such dispute, claim or controversy within thirty (30) days of submission, the dispute, claim or controversy shall then be submitted to mandatory, binding arbitration in accordance with Clause 15.2 below. 15.2 Any Dispute arising out of or connected with this Agreement which cannot be resolved utilizing the procedures set forth In Clause 15.1 above, shall be referred to and finally resolved by arbitration. Upon notice by either Party to the other, all disputes, claims, questions, or differences (including issues relating to the formation of the agreement and the validity of this arbitration clause) shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the provisions of its Commercial Arbitration Rules, as well as the Federal Rules of Civil Procedure and the Federal Rules of Evidence, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 15.3 The arbitration Panel shall consist of a single arbitrator, unless otherwise agreed to by the parties. The place of arbitration shall be Houston, Texas. If the parties are not able to decide upon a neutral third party arbitrator within thirty (30) days of the request for arbitration, then the AAA shall select an arbitrator having at least twenty (20) years of experience in intellectual property matters. All proceedings will be conducted in English. The parties agree to hold the entirety of the arbitration proceedings, including knowledge of the existence of any dispute or controversy, completely confidential except for such disclosures as might be required by law This arbitration agreement does not limit or affect the right of either Party to seek from any court having jurisdiction any interim, interlocutory, or provisional relief that is necessary to protect the r...

CONCILIATION & ARBITRATION. Any dispute or difference whatsoever arising between the parties out of or relating to the construction, meaning, scope, operation or effect of this contract or the validity or breach thereof shall be resolved amicably through negotiations by the parties. A “

CONCILIATION & ARBITRATION. Except where otherwise provided in the contract all matters, questions, disputes or differences whatsoever, which shall at any time arise between the parties hereto, touching the construction, meaning, operation or effect of the contract, or out of the matters relating to the contractor breach thereof, or the respective rights or liabilities of the parties, whether during or after completion of works or whether before or after termination shall after written notice by either Parties to the contract be referred to the Designated Unit Head / E.D /CFO/CEO, Ramagundam Fertilizers and Chemicals Limited or his / her nominee for appointment of Arbitrator. The Arbitration & Conciliation Act, 1996 or any statutory modification or re- enactment thereof and the rules made there under shall govern the Arbitration proceedings. It is agreed by and between the parties that in case a reference is made to the Arbitrator or the Arbitral Tribunal for the purpose of resolving the disputes / differences arising out of the contract by and between the parties hereto, the Arbitrator or the Arbitral Tribunal shall not award interest on the awarded amount more than the rate of SBI MCLR/PLR / Base Rate as applicable to RFCL on the date of award of contract. The arbitration shall be conducted in English. The award shall be final and binding upon the parties.

CONCILIATION & ARBITRATION. 16.1 If, during the term of this Agreement or after its termination, a controversy concerning this Agreement arises between the Parties they shall make their best efforts to settle amicably their difference by using the following procedure: a) The plaintiff Party shall give the other Party notice in writing of its complaint. b) The two Parties shall then endeavor to nominate a common expert to study the case and to prepare a report proposing a reconciliatory solution (or several ones). This report shall be sent to both Parties within the next 30 (thirty) days (except if both Parties have first agreed upon another delay). c) If within 20 (twenty) days from the written notice made under Article a) above the Parties have not agreed upon nomination of the common expert, each Party shall nominate its own expert and both experts shall nominate a third expert. d) These three experts shall have 60 (sixty) days to reach a proposed reconciliatory solution (or several ones). A solution on which two of the three experts agree shall be considered as the proposed reconciliatory solution of the three experts. e) The experts shall conduct the matter at their own discretion. They shall be provided by both Parties with any relevant document they shall request. f) Their fees and the expenses shall be shared equally between the Parties. 16.2 If the periods shown in Article 16.1 above are not respected, if a one hundred twenty days period has lapsed from the date of the notice referred to in article 16.1a) hereof or if the Parties do not agree to settle between them according to the proposed reconciliatory solution, the dispute shall be settled finally according to the Rules of Conciliation and Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with said rules. Such arbitration shall be conducted in English and shall be held in Geneva, Switzerland. Judgment upon the awards rendered may be entered in any court having jurisdiction for a judicial acceptance of the awards and an order of enforcement as the case may be. 16.3 The validity and effect of this Agreement shall be interpreted under the laws of Singapore.

CONCILIATION & ARBITRATION. 1.1. Except where otherwise provided in the contract all matters, questions, disputes or differences whatsoever, which shall at any time arise between the parties hereto, touching the construction, meaning, operation or effect of the contract, or out of the matters relating to the contractor breach thereof, or the respective rights or liabilities of the parties, whether during or after completion of works or whether before or after termination shall after written notice by either party to the contract be referred to the arbitration of Designated Unit Head / E.D / Functional Director / Chairman & Managing Director, National Fertilizers Limited or his / her nominee. 1.2. It is agreed by and between the parties that in case a reference is made to the Arbitrator or the Arbitral Tribunal for the purpose of resolving the disputes / differences arising out of the contract by and between the parties hereto, the Arbitrator or the Arbitral Tribunal shall not award interest on the awarded amount more than the rate of SBI PLR / Base Rate as applicable to NFL on the date of award of contract.

CONCILIATION & ARBITRATION. 16.1 In the event that either party is of the view that any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof, OTHER THAN any such dispute, controversy or claim between the parties hereto concerning ownership of any aspect of the Software or the licenses granted hereby ("the Dispute"), cannot be resolved by informal discussion, negotiation and agreement, the Dispute shall first be the subject of conciliation, administered by the Australian Commercial Disputes Centre Limited ("the Centre") conducted at Sydney and held in accordance with the Conciliation Rules of the Centre in force at the date of this Agreement. The Dispute shall be submitted for conciliation by either party by serving upon the other party Notice of Dispute setting out the nature of the dispute, controversy or claim and material facts in relation thereto, with a copy being sent to the Centre requesting a date for initial meeting in accordance with the Conciliation Rules. 16.2 In the event that the Dispute is not resolved by agreement following conciliation within ninety (90) days from the date first nominated for meeting by the Centre pursuant to clause 16.1, the Dispute shall be referred to and determined by arbitration, administered by the Centre, conducted in Sydney and held under the rules of arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said rules. The parties shall be entitled to legal representation in such arbitration. 16.3 Neither party hereto shall commence any action or claim in any court or other tribunal unless and until the Dispute has been referred to and determined by arbitration under clause 16.2 hereof and an award has been delivered by the arbitrator or arbitrators appointed pursuant thereto. All proposals, discussions, statements, information supplied and other matters raised during conciliation and arbitration under this clause shall be confidential and without prejudice to any claim or proceeding subsequently made or brought by either party.