Common use of Commencement of Arbitration Clause in Contracts

Commencement of Arbitration. Any Party to the Agreement (the “Applicant”) may commence arbitration for a Dispute by delivering a written notice (a “Complaint”) to the Party against whom the Applicant seeks a remedy (the “Respondent”). In the Complaint, the Applicant shall describe the substance of the Dispute and name three (3) persons whom the Applicant is prepared to appoint as arbitrator, each of such persons to be an Approved Arbitrator. Within 10 days of the receipt of the Complaint, the Respondent shall by written Notice to the Applicant appoint one of the three (3) persons named by the Applicant or provide the Applicant with a list of three (3) persons who are Approved Arbitrators. Within 10 days of receipt of the Respondent’s list, by written Notice to the Respondent, the Applicant shall appoint one (1) of such persons, or provide a further list of (3) three Approved Arbitrators. The Parties shall continue to exchange lists of three (3) Approved Arbitrators in this fashion until an Approved Arbitrator is appointed. If an Arbitrator is not appointed within 30 days of the initial receipt by the Respondent of the Complaint, either Party may apply to a judge of the Ontario Superior Court of Justice to appoint the Arbitrator on behalf of the Parties.

Appears in 2 contracts

Samples: Securityholders’ Agreement (Canwest Mediaworks Inc), Strategic Opportunities and Non Competition Agreement (Canwest Mediaworks Inc)

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Commencement of Arbitration. Any Party to the Agreement (the "Applicant") may commence arbitration for a Dispute by delivering a written notice (a "Complaint") to the Party against whom the Applicant seeks a remedy (the "Respondent"). In the Complaint, the Applicant shall describe the substance of the Dispute and name three (3) persons whom the Applicant is prepared to appoint as arbitrator, each of such persons to be an Approved Arbitrator. Within 10 days of the receipt of the Complaint, the Respondent shall by written Notice to the Applicant appoint one of the three (3) persons named by the Applicant or provide the Applicant with a list of three (3) persons who are Approved Arbitrators. Within 10 days of receipt of the Respondent’s 's list, by written Notice to the Respondent, the Applicant shall appoint one (1) of such persons, or provide a further list of (3) three Approved Arbitrators. The Parties shall continue to exchange lists of three (3) Approved Arbitrators in this fashion until an Approved Arbitrator is appointed. If an Arbitrator is not appointed within 30 days of the initial receipt by the Respondent of the Complaint, either Party may apply to a judge of the Ontario Superior Court of Justice to appoint the Arbitrator on behalf of the Parties.

Appears in 1 contract

Samples: Share Purchase Agreement (Canwest Media Inc)

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Commencement of Arbitration. Any Party to the Agreement party (the “ApplicantClaimant”) may commence arbitration for a Dispute by delivering a written notice (a “ComplaintNotice of Arbitration”) to the Party party against whom the Applicant Claimant seeks a remedy (the “Respondent”). In the ComplaintNotice of Arbitration, the Applicant Claimant shall describe the substance of the Dispute and name three (3) persons individuals whom the Applicant Claimant is prepared to appoint as arbitrator, each of such persons individuals to be an Approved Arbitrator. Within 10 days of the receipt of the ComplaintNotice of Arbitration, the Respondent shall by written Notice to the Applicant appoint Claimant agree to the appointment of one of the three (3) persons individuals named by the Applicant Claimant or provide the Applicant Claimant with a list of three (3) persons other individuals who are Approved Arbitrators. Within 10 days of receipt of the Respondent’s list, by written Notice to the Respondent, the Applicant Claimant shall appoint agree to the appointment of one (1) of such personsindividuals, or provide a further list of (3) three Approved Arbitrators. The Parties parties shall continue to exchange lists of three (3) Approved Arbitrators in this fashion until an Approved the Arbitrator is appointed. If an the Arbitrator is not appointed within 30 days of the initial receipt by the Respondent of the ComplaintNotice of Arbitration, either Party party may apply to a judge provide copies of the exchanged lists to [ADR Xxxxxxxx/Ontario Superior Court of Justice to Court] which shall appoint the Arbitrator on behalf of the PartiesArbitrator.

Appears in 1 contract

Samples: Letter of Agreement

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