CONCILIATION OF DISPUTES. 24.1.1 All disputes and differences of any kind whatsoever arising out of or in connection with the contract, whether during the progress of the work or after its completion and whether before or after the determination of the contract, shall be referred by the Contractor to the "Authority" through “Notice of Dispute” provided that no such notice shall be served later than 30 days after the date of issue of Completion Certificate by the Authority Engineer. Authority shall, within 30 days after receipt of the Contractor’s “Notice of Dispute”, notify the name of conciliator(s) to the Contractor. In case Authority fails to fix Conciliator within 30 days, Contractor shall be free to approach Dispute Adjudication Board (DAB) for adjudication of Dispute.
CONCILIATION OF DISPUTES. (i) This clause is applicable in the tender having advertised value less than or equal to Rs 50 Crore.
CONCILIATION OF DISPUTES. 6.1 The primary focus of the PDP shall be to resolve disputes by mediation or conciliation.
CONCILIATION OF DISPUTES. This clause is applicable in the tender having advertised value less than or equal to Rs 50 Crore. All disputes and differences of any kind whatsoever arising out of or in connection with the contract, whether during the progress of the work or after its completion and whether before or after the determination of the contract, shall be referred by the Contractor to the "Chief Engineer" or "Divisional Railway Manager" through “Notice of Dispute” provided that no such notice shall be served later than 30 days after the date of issue of Completion Certificate by the Engineer. Chief Engineer or Divisional Railway Manager shall, within 30 days after receipt of the Contractor’s “Notice of Dispute”, notify the name of conciliator(s) to the Contractor. The Conciliator(s) shall assist the parties to reach an amicable settlement in an independent and impartial manner within the terms of contract. If the parties reach agreement on a settlement of the dispute, they shall draw up and sign a written settlement agreement duly signed by Engineer In-charge, Contractor and conciliator(s). When the parties sign the settlement agreement, it shall be final and binding on the parties. The parties shall not initiate, during the conciliation proceedings, any arbitral or judicial proceedings in respect of a dispute that is the subject matter of the conciliation proceedings. The conciliation proceedings shall be terminated as per Section 76 of ‘The Arbitration and Conciliation Act, 1996.
CONCILIATION OF DISPUTES. 58 9.15 Jurisdiction; Consent to Service of Process.................59 9.16 Confidentiality; Publicity..................................61 9.17
CONCILIATION OF DISPUTES. In the event there is a dispute under any of the Transaction Documents, other than any of the Ancillary Agreements, the Parties will meet with one another and diligently attempt to resolve their disagreements. If they are unable to do so, then upon request of any Party to the dispute, they will conciliate the dispute, utilizing a single conciliator pursuant to the ICC Rules of Optional Conciliation in a proceeding to take place in Miami, Florida, and carried out in the English language. If, after thirty (30) calendar days, the mediation is not successful, then the Parties would be free to bring any action in law or in equity they deemed appropriate to protect their interests. The provisions of this Section shall not apply to any actions or proceedings for non-payment of sums due, or otherwise, under the Ancillary Agreements.
