DISPUTE RESOLUTION Amicable Settlement Sample Clauses

DISPUTE RESOLUTION Amicable Settlement. In case of any difference or dispute, both Parties shall attempt to settle the difference or dispute amicably before the commencement of Arbitration. Arbitration: Except where otherwise provided for in the Work Order / Subcontract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Work Order / Subcontract, designs drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same whether arising during the course of the work or after the completion or abandonment thereof; after written notice by either Party to the Work Order / Subcontract, shall be referred to the sole arbitration of a person to be appointed by the Chairman and Managing Director or Chairman or Vice Chairman of the Company. If the person so appointed is unable or unwilling to act, as the sole arbitrator, some other person wiling to act as such arbitrator shall be appointed by the Chairman and Managing Director or Chairman or Vice Chairman of the Company. It is also a term of the Work Order / Subcontract that no person other than a person appointed by Chairman and Managing Director or Chairman or Vice Chairman of the Company as aforesaid should act as arbitrator. It is a term of the Work Order / Subcontract that the Party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under this Clause together with the amount or amounts claimed in respect of each such dispute. The arbitrator may from time to time with consent of the Parties enlarge the time, for making and publishing the award. The work under the Work Order / Subcontract shall, continue during the arbitration proceedings. The Arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the Parties fixing the date of the first hearing. The Arbitrator shall give a separate award in respect of each difference or dispute referred to it. The venue of arbitration shall be Mumbai. The court at Mumbai shall have exclusive Jurisdiction regarding the disputes engendered out of this Subcontract / Work Order. The award of the arbitrator shall be final, conclusive and binding on all Parties to this Work Order / Subcontract....
Sample 1Sample 2See All (5)
AutoNDA by SimpleDocs
DISPUTE RESOLUTION Amicable Settlement. 46.1. The Parties shall use their best efforts to settle amicably all disputes arising out of or in connection with this Agreement.
Sample 1

Related to DISPUTE RESOLUTION Amicable Settlement

  • Dispute Settlement 1. A Party may not initiate proceedings under the general dispute settlement provisions of this Agreement regarding a refusal to grant temporary entry under this Chapter unless: (a) the matter involves a pattern of practice; and (b) the business person has exhausted the available administrative remedies regarding the particular matter. 2. The remedies referred to in subparagraph 1(b) shall be deemed to be exhausted if a final determination in the matter has not been issued by the competent authority within one year of the institution of an administrative proceeding, and the failure to issue a determination is not attributable to delay caused by the business person.

  • DISPUTE SETTLEMENT PROCEDURE A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. Disputes over any work related or industrial matter should be dealt with as close to its source as possible. Disputes over matters arising from this agreement shall be dealt with according to the following procedure. An employee or the union delegate or site xxxxxxx or Enterprise should initially submit any work related grievance and/or industrial matter to the site foreperson, supervisor or other appropriate site representative of the company or appropriate site union representative as relevant. If the matter remains unresolved the union delegate or site xxxxxxx may then submit the matter to the appropriate senior management person. Where relevant the Enterprise may submit the matter to a union official. If still not resolved the delegate or site xxxxxxx shall refer the matter to an appropriate official of the union, who shall discuss the matter with the nominated representative of the Enterprise. If still not resolved there may be discussions between the state secretary and senior management representative. Whilst the above procedures are being followed work should continue as normal. This procedure is to be followed in good faith and without unreasonable delay by any party. Should the matter remain unresolved and where the issue is within the jurisdiction of the Victorian Building Industry Disputes Board (“the Board”), either of the parties shall refer the dispute at first instance to the Board (which shall deal with the dispute in accordance with VBIA procedures and, where required, determine issues of jurisdiction). The Board’s decision will be accepted by all parties subject to the right of either party to refer the dispute to the Australian Industrial Relations Commission for conciliation and if required arbitration. The Commission’s decision will be accepted by all parties subject to legal rights of appeal. This dispute settlement procedure does not apply to health and safety issues or issues of industry, state or national significance.

  • Amicable Settlement The Parties shall use their best efforts to settle amicably any dispute, controversy or claim arising out of this Contract or the breach, termination or invalidity thereof. Where the parties wish to seek such an amicable settlement through conciliation, the conciliation shall take place in accordance with the UNCITRAL Conciliation Rules then obtaining, or according to such other procedure as may be agreed between the parties.

  • Dispute Resolution Mechanisms Registry Operator will comply with the following dispute resolution mechanisms as they may be revised from time to time:

Time is Money Join Law Insider Premium to draft better contracts faster.