ARBITRATION. 23.1 Notwithstanding anything contained in this Contract, all questions, disputes or differences whatsoever, between the parties to the Contract, arising out of or relating to the construction, meaning and operation or interpretation of provision of the Contract or matters related thereto, whether during the currency of the Contract, or its failure or after the completion of the Contract, shall be settled by sole arbitrator to be nominated and appointed by the Chairman & Managing Director of the Purchaser. It will not be an objection that the arbitrator is an employee of the Purchaser and that he had to deal with matters related to the Contract or that in the course of his duties as an employee of the Purchaser had expressed views on all or any other matters in question, dispute or difference. The award of the arbitrator shall be final and binding on the parties to the Contract. In an arbitration invoked at the instance of either party to the contract, the arbitrator would be free to consider the counter claim of the other party even though they are not mentioned in the reference to arbitration. 23.2 The provisions of The Arbitration & Conciliation Act, 1996, and Rules made thereunder and/or any statutory modifications or re-enactment thereof for the time being in force shall apply to such arbitration proceedings. 23.3 Notwithstanding the commencement or continuance of the arbitration, the parties shall continue performance of the Contract with due diligence. 24
ARBITRATION. 3.11.2 In the event of any dispute arising between Indian Institute of Management Raipur and the Contractor in any matter covered by this contract or arising directly or indirectly therefrom or connected or concerned with the said contract in any manner of the implementation of any terms and conditions of the said contract, the matter shall be referred to Director Indian Institute of Management Raipur who may himself act as sole arbitrator or may name as sole arbitrator an officer of IIM Raipur /outside IIM Raipur notwithstanding the fact that such officer has been directly or indirectly associated with this contract and the provisions of the Indian Arbitration Conciliation Act, 1996 shall apply to such arbitration. The Contractor expressly agrees that the arbitration proceedings shall be held at Raipur. 3.11.4In case any Contractor wants to take the dispute to a court of law after arbitration award as aforesaid, it is clearly understood that only courts in C.G. shall have the Jurisdiction. 3.11.5 In case of Public Sector Undertaking/Government Departments In the event of any dispute or difference relating to the interpretation and application ofthe provisions of the contracts with any Public Sector Undertaking / Government Department, such dispute or difference shall be referred by either party for Arbitration tothe sole Arbitrator in the Department of Public Enterprises to be nominated by the Secretary to the Government of India in-charge of the Department of Public Enterprises. The Arbitration and Conciliation Act, 1996 shall not be applicable to arbitration under his clause. The award of the Arbitrator shall be binding upon the parties to the dispute, provided, however, any party aggrieved by such award may make a further reference for setting aside or revision of the award to the Law Secretary, Department of Legal Affairs, Ministry of Law & Justice, Government of India. Upon such reference, the dispute shall be decided by the Law Secretary or the Special Secretary / Additional Secretary, when so authorized by the Law Secretary, whose decision shall bind the Parties finally and conclusively. The Parties to the dispute will share equally the cost of arbitration as intimated by the Arbitrator. 3.12
ARBITRATION a. It will be the Bank’s endeavor to resolve amicably any disputes or differences that may arise between the Bank and the Bidder from misconstruing the meaning and operation of the Tender and the breach that may result. b. In case of Dispute or difference arising between the Bank and a Bidder relating to any matter arising out of or connected with this agreement, such disputes or difference shall be settled in accordance with the Arbitration and Conciliation Act, 1996. The Arbitrators shall be chosen by mutual discussion between the Bank and the Bidder OR in case of disagreement each party may appoint an arbitrator and such arbitrators may appoint an Umpire before entering on the reference. The decision of the Umpire shall be final. c. The Bidder shall continue work under the Contract during the arbitration proceedings unless otherwise directed in writing by the Bank or unless the matter is such that the work cannot possibly be continued until the decision of the Arbitrator or the umpire, as the case may be, is obtained. d. Arbitration proceedings shall be held at Mumbai, India, and the language of the arbitration proceedings and that of all documents and communications between the parties shall be English. e. Notwithstanding anything contained above, in case of dispute, claim & legal action arising out of the contract, the parties shall be subject to the jurisdiction of courts at Mumbai, India only. f. Any notice given by one party to the other pursuant to this Contract shall be sent to the other party in writing and confirmed in writing to the other party’s specified address. The same has to be acknowledged by the receiver in writing. g. A notice shall be effective when delivered or on the notice’s effective date, whichever is later. h. No conflict between Bidder and SIDBI will cause cessation of services. Only by mutual consent the services will be withdrawn. 8.9.3.2.
ARBITRATION. 15.1 All disputes and differences of any kind whatever arising out of or in connection with this Agreement shall be referred to arbitration. The arbitrator may be appointed by both the parties or in case of disagreement each party may appoint an arbitrator and the decision of the arbitrator(s) shall be final. Such arbitration to be governed by the provisions of the Indian Arbitration Act. All the matter shall be resolved under municipal of Indore Jurisdiction only. 16.
ARBITRATION. Any dispute or controversy arising out of or in connection with the Agreement including any question regarding its existence, validity or termination which cannot be settled amicably by and between the Parties, may be referred by the Parties to be settled by arbitration in accordance with Arbitration & Conciliation Act, 1996 and its rules which are deemed to be incorporated by reference to this clause, for the time being in force. The arbitral tribunal shall consist of a sole arbitrator appointed unanimously by the Parties in accordance with the said rules or where unanimous decision cannot made, each party shall appoint one arbitrator and the appointed arbitrators shall appoint a sole arbitrator on mutual consent. The Parties agree that any arbitration proceedings shall be instituted and heard in Delhi. The language of the arbitration shall be English. The cost of arbitration shall be borne equally between the Parties and the prevailing Party shall be entitled to recover the same from the other.
ARBITRATION. In the event of any difference or dispute in connection with the agreement over the right of obligations of the parties, the decision of Chief General Manager, NABARD, Rajasthan Regional Office , 0, Xxxxx Xxxxx , Xxxx Xxxx, Jaipur-302015 shall be final and binding upon the parties. The place of arbitration shall be Jaipur. The Indian laws shall be applicable to the arbitration.
ARBITRATION. If, a dispute arises out of or in connection with this contract, or in respect of any defined legal relationship associated therewith or derived there from, shall be settled amicably between the parties through negotiations and conciliation whether during the existence of the contract and after the completion or abandonment of the contract. In case the parties are not able to settle the dispute or difference through negotiations and conciliation, such dispute or difference shall be referred to a sole arbitrator who would be appointed by the Chairman & Managing Director, HLL, , Thiruvananthapuram as per the Arbitration & Conciliation Act,1996. The venue of the arbitration shall be at Thiruvananthapuram. The language of the arbitration proceedings shall be in English. SECTION-III