Common use of Disputes and Arbitration Clause in Contracts

Disputes and Arbitration. In case of any dispute or difference between the parties to the contract either during progre~ s or after the completion of the works or after the determination, abandonment, or breach of contract or as to any matter or thing arising thereunder except a~ to the matters left to the sole discretion of the Super!ntending Engineer under Articles 7-4-9,7-4-11,7-4-17, 7-7-1 or as to the withholding by the Superintending Engineer of payment of any bill to which the contractor may claim to be entitled then either party shall forthwith give to the other notice of such dispute or difference and such dispute or difference shall be referred to the Arbitrator mentioned in the contractor and the award of such Arbitrator shall be final and binding on the parties, progre~s of work shall not be suspended or delayed on account of the reference of and dispute or difference to arbitration under this clause. Either party may within a perlod shall be fixed by the Arbitration file before the Arbitration a statement of the case arId also all documents relating to or having a bearing on the case. The Arbitrator shall not be bound to observe the ordinary rules of procedure applicable to trials before judicial tribunals nor to hear or receive formal evidence but may pass an award on the documents and statements of the case field by the parties or personal inspection or on both. The Arbitration shall have power to view the subject matter of he dispute with or without the parties or their agents to open review and revise any . certificate, opinion decision, requisition, or rlotice, save in regard to the matters expressly exempted an to determine all mat.erials in dispute which shall be submitted to him, and of which notice has been given as aforesaid, in the same manner as if no such certificate, opinion, decision, requisition or notice been ;. given. The expenses of such reference to Arbitration shall be awarded by the Arbitrator .in his discretion, subject to the .conditiorl that the amount of expenses awarded to either party shall not exceed the limits set-forth belqw, irrespective of the actual expenses incurred by either party, The Arbitration may determine the amount of expenses to be awarded or direct the same to be shared as between solicitor and client or as party and party, and shall direct by whom and to whom al"!d in what manner the same shall be borne and paid. The limits referred to in this clause are 5 percent monetary award which does not exceeds Rs.10,000, 3 percent on the next Rs.40,OOO or any part thereof, 2 percent on the next Rs.50,000 or any part thereof.

Disputes and Arbitration. In case of any dispute or difference between the parties to the contract either during progre~ progress s or after the completion of the works or after the determination, abandonment, or breach of contract or as to any matter or thing arising thereunder there under except a~ to the matters left to the sole discretion of the Super!ntending Superintending Engineer under Articles 7-4-9,7-4-11,7-4-17, 7-7-1 or as to the withholding by the Superintending Engineer of payment of any bill to which the contractor may claim to be entitled then either party shall forthwith give to the other notice of such dispute or difference and such dispute or difference shall be referred to the Arbitrator mentioned in the contractor and the award of such Arbitrator shall be final and binding on the parties, progre~s progress of work shall not be suspended or delayed on account of the reference of and dispute or difference to arbitration under this clause. Either party may within a perlod period shall be fixed by the Arbitration file before the Arbitration a statement of the case arId and also all documents relating to or having a bearing on the case. The Arbitrator shall not be bound to observe the ordinary rules of procedure applicable to trials before judicial tribunals nor to hear or receive formal evidence but may pass an award on the documents and statements of the case field by the parties or personal inspection or on both. The Arbitration shall have power to view the subject matter of he dispute with or without the parties or their agents to open review and revise any . certificate, opinion decision, requisition, or rloticenotice, save in regard to the matters expressly exempted an to determine all mat.erials materials in dispute which shall be submitted to him, and of which notice has been given as aforesaid, in the same manner as if no such certificate, opinion, decision, requisition or notice been ;. given. The expenses of such reference to Arbitration shall be awarded by the Arbitrator .in his discretion, subject to the .conditiorl .condition that the amount of expenses awarded to either party shall not exceed the limits set-forth belqwbelow, irrespective of the actual expenses incurred by either party, The Arbitration may determine the amount of expenses to be awarded or direct the same to be shared as between solicitor and client or as party and party, and shall direct by whom and to whom al"!d and in what manner the same shall be borne and paid. The limits referred to in this clause are 5 percent monetary award which does not exceeds Rs.10,000, 3 percent on the next Rs.40,OOO Rs.40,000 or any part thereof, 2 percent on the next Rs.50,000 or any part thereof.

Disputes and Arbitration. In case of any dispute or difference between the parties to the contract either during progre~ s or after the completion of the works or after the determination, abandonment, or breach of contract or as to any matter or thing arising thereunder except a~ to the matters left to the sole discretion of the Super!ntending Engineer under Articles 7-4-9,7-4-11,7-4-17, 7-7-1 or as to the withholding by the Superintending Engineer of payment of any bill to which the contractor may claim to be entitled then either party shall forthwith give to the other notice of such dispute or difference and such dispute or difference shall be referred to the Arbitrator mentioned in the contractor and the award of such Arbitrator shall be final and binding on the parties, progre~s of work shall not be suspended or delayed on account of the reference of and dispute or difference to arbitration under this clause. Either party may within a perlod shall be fixed by the Arbitration file before the Arbitration a statement of the case arId also all documents relating to or having a bearing on the case. The Arbitrator shall not be bound to observe the ordinary rules of procedure applicable to trials before judicial tribunals nor to hear or receive formal evidence but may pass an award on the documents and statements of the case field by the parties or personal inspection or on both. The Arbitration shall have power to view the subject matter of he dispute with or without the parties or their agents to open review and revise any . certificate, opinion decision, requisition, or rlotice, save in regard to the matters expressly exempted an to determine all mat.erials in dispute which shall be submitted to him, and of which notice has been given as aforesaid, in the same manner as if no such certificate, opinion, decision, requisition or notice been ;. given. The expenses of such reference to Arbitration shall be awarded by the Arbitrator .in his discretion, subject to the .conditiorl that the amount of expenses awarded to either party shall not exceed the limits set-set- forth belqw, irrespective of the actual expenses incurred by either party, The Arbitration may determine the amount of expenses to be awarded or direct the same to be shared as between solicitor and client or as party and party, and shall direct by whom and to whom al"!d in what manner the same shall be borne and paid. The limits referred to in this clause are 5 percent monetary award which does not exceeds Rs.10,000, 3 percent on the next Rs.40,OOO or any part thereof, 2 percent on the next Rs.50,000 or any part thereof.

Disputes and Arbitration. In case of  If any dispute or difference of any kind what-so-ever, shall arise between the parties to Government its authorized representative and the contractor in connection with or arising out of this contract either or the execution of work there under.  Whether before its commencement or during progre~ s the progress of work or after the completion of the works or after the determination, abandonment, termination abandonment or breach of contract or as to any matter or thing arising thereunder except a~ the contract, it shall, in the first instance, be referred for settlement to the matters left Engineer-in-charge of the work and he shall with in a period of Sixty days after being requested in writing by the contractor to do so convey his decision to the sole discretion contractor. Such decision in respect of every matter so referred shall subject to arbitration as hereinafter provided, be final and binding upon the contractor. In case the work is already in progress, the contractor shall proceed with the execution of the Super!ntending Engineer under Articles 7-4-9,7-4-11,7-4-17, 7-7-1 or as to work on receipt of the withholding decision by the Superintending Engineer Engineer-in-charge as aforesaid with all due diligence whether any of payment of any bill the parties requires arbitration as hereinafter provided or not.  If the Engineer-in-charge has conveyed his decision to which the contractor may claim to be entitled then either party shall forthwith give to the other notice of such dispute or difference and such dispute or difference shall be referred to the Arbitrator mentioned in the contractor and no claim for arbitration has been filed by the award contractor within a period of such Arbitrator sixty days from the receipt of the letter of communicating the decision, the said decision shall be final and binding on upon the parties, progre~s of work shall contractor and will not be suspended or delayed on account subject matter of arbitration at all.  If the Engineer-in-charge fails to convey his decision within a period of sixty days after being requested as aforesaid the contractor may within further sixty days of the expiry of the final 60days from the date on which the said request was made by the contractor refer the dispute for arbitration as hereinafter provided.  All disputes or differences in respect of which the decision is not final and conclusive shall at the request of either party made in a communication sent through registered A.D post be referred to the sole arbitration of Retired/Serving Superintending Engineer, PWD (B&R) Branch to act as an arbitrator on receipt of a request from either party.  Registrar, BFUHS, Xxxxxxxx shall have the authority to change the arbitrator on an application by the either contractor or the Engineer-in-charge requesting change of arbitrator giving reasons thereof either before the start of the arbitration proceedings or during the cause of such proceedings. The arbitration proceedings would stand suspended as soon as an application for change of Arbitrator filed before the Registrar and a notice thereof is given by the applicant to the Arbitrator. The Registrar after hearing both the parties may pass a speaking order rejecting the application or accepting to change the Arbitrator simultaneously, appointing a technical officer not below the rank of Superintending Engineer as under the Contract. The New Arbitrator so appointed may enter upon the reference a fresh or he may continue the hearings from the point where these were suspended before the previous Arbitrator.  The reference to the Arbitrator shall be made by the claimant party within one hundred twenty days from the date of dispute of claim arising during the execution of work. If the claim pertains to rates or recoveries introduced in the final bill the reference to the Arbitrator shall be made within six calendar months from the date of payment of the final bill to the contractor or from the date of registered notice is sent to the contractor to the effect that his final bill is ready by the Engineer-in-charge (whose decision in this respect shall be final and dispute binding) whichever is earlier.  It shall be an essential term of this contract that in order to avoid furious claims, the party invoking arbitration shall specify the disputes on facts and Calculations stating the amount claimed under each claim and shall furnish a "deposit-at-call" for ten percent of the amount claimed, on a scheduled bank in the name of the Arbitrator, by his official designation who shall keep the amount in deposit till the announcement of the award. In the event of an award in favour of the claimant, the deposit shall be refunded to him in proportion to the amount awarded with respect to the amount claimed and the balance, if any shall be foresaid and paid to the other party  The provisions of the India Arbitration Act 1996 or difference any other statutory enactment there under or modification thereof and for time being in force shall apply to the arbitration proceedings under this clause. Either  The Arbitrator shall award separately giving his award against each claim and dispute and counter claim raised by either party giving reasons for his award. Any lump-sum award enforceable shall not be legally enforceable.  The venue of arbitration shall be such a place or places as may within a perlod shall be fixed by the Arbitrator in his sole discretion. The work under the contract shall continue during the arbitration proceedings.  The stamp fee due on the award shall be payable by the party as desired by the Arbitrator and in the event of such party's default, the stamp fee shall be recoverable from any other sum due to such party under this or any other contract.  Neither party shall be entitled to bring a claim for arbitration, if it is not filed as per the time period, already specified or within six months of the following :-  Of the date of completion of the work as certified by the Engineer-in-charge.  Of the date of abandonment of the work or breach of contract under any of its clauses, or  Of its non-commencement or non resumption of work within 10 days of a written notice for commencement or resumption as applicable or  Of the cancellation, termination or withdrawal of the work from the contractor in whole or in part and/or revision or for enclosure of the contract or  Of receiving an intimation from Engineer-in-charge that the final payment due or recovery from the contractor has been determined, for the purpose of payment/adjustment whichever is the latest. If the matter is not referred to arbitration within the period prescribed above all the rights and claims of either party under the contract shall be deemed to have been forfeited and absolutely barred by time for arbitration and even for civil litigation.  No questions relating to this contract shall be brought before any civil court without first invoking and completing the arbitration proceedings, if the issue is covered by the scope of Arbitration file under this contract. The pending of arbitration proceedings, shall not disentitle the Engineer-in-charge to terminate the contract and to make alternate arrangements for completion of the work.  The arbitrator shall be deemed to have entered on the reference on the day he issues notices to the parties fixing the first date of hearing. The arbitrator may from time to time, with the consent of the parties enlarge the initial time for making and publishing the award.  The expiry of the contractual time limit, whether originally fixed or extended, shall not invalidate the provisions of this clause. Clause-24 EXTRA ORDINARY CLAIMS No claim for payment of an extra-ordinary nature, such as claims for bonus, for extra labour employed in completing the work before the Arbitration a statement expiry of the case arId also all documents relating contractual period at the request of Engineer-in-charge or claims for compensation where work has been temporarily brought to or having a bearing on the case. The Arbitrator shall not be bound to observe the ordinary rules of procedure applicable to trials before judicial tribunals nor to hear or receive formal evidence but may pass an award on the documents and statements stand-still though no fault of the case field contract shall be allowed unless and to the extent that the same shall have been expressly sanctioned by the parties or personal inspection or Baba Farid University of Health Sciences, Faridkot Under the signature of one its Vice Chancellor. Clause-25 LUMP SUM IN ESTIMATE When the estimate on both. The Arbitration shall have power to view which a bid is made include lump sums in respect of part of the subject matter of he dispute with or without work the parties or their agents to open review and revise any . certificate, opinion decision, requisition, or rlotice, save in regard to the matters expressly exempted an to determine all mat.erials in dispute which contractor shall be submitted entitled to him, and payment in respect of which notice has been given the items of work involved at the same rates as aforesaidare payable under this contract for such items. If the part of the work in question is not, in the same manner as if no such certificateopinion of the Engineer-in-charge capable of measurement, opinion, decision, requisition or notice been ;. given. The expenses of such reference to Arbitration the Engineer-in-charge may at his discretion pay the lump sum amount entered in the estimate and the certificate in writing from the Engineer-in-charge shall be awarded by final and conclusive against the Arbitrator .in his discretion, subject contractor with regard to the .conditiorl that the amount any sum or sum payable to him under provision of expenses awarded to either party shall not exceed the limits set-forth belqw, irrespective of the actual expenses incurred by either party, The Arbitration may determine the amount of expenses to be awarded or direct the same to be shared as between solicitor and client or as party and party, and shall direct by whom and to whom al"!d in what manner the same shall be borne and paid. The limits referred to in this clause are 5 percent monetary award which does not exceeds Rs.10,000, 3 percent on the next Rs.40,OOO or any part thereof, 2 percent on the next Rs.50,000 or any part thereofclause.