Arbitration Clause
Arbitration Clause
Arbitration Clause
96283)
d. The parties mutually agree that they will abide by the decision of the arbitrator including any
amount that may be awarded to either party as compensation, consequential damage and/or
interest thereon;
e. The parties mutually agree that the decision of the arbitrator shall be final and unappealable.
Therefore, there shall be no further judicial recourse if either party disagrees with the whole or
any part of the arbitrator's award.
f. As an exception to sub-paragraph (e) above, the parties mutually agree that either party is
entitled to seek judicial assistance for purposes of enforcing the arbitrator's award;
Article 15. Arbitration.All disputes, controversies, or differences which may arise between the
parties, out of or in relation to or in connection with this Contract or for the breach thereof, shall
finally be settled by arbitration in Seoul, Korea in accordance with the Commercial Arbitration
Rules of the Korean Commercial Arbitration Board. The award rendered by the arbitration(s)
shall be final and binding upon both parties concerned. (Emphasis supplied.)
. Arbitration. In the event that any dispute, controversy or claim arises out of or under any
provisions of this Agreement, then the parties hereto agree to submit such dispute, controversy or
claim to arbitration as set forth in this Section and the determination to be made in such
arbitration shall be final and binding. Arbitration shall be effected by a panel of three
arbitrators. The Manager, Employee and Corporation shall designate one (1) arbitrator who shall,
in turn, nominate and elect who among them shall be the chairman of the committee. Any such
arbitration, including the rendering of an arbitration award, shall take place in Metro Manila. The
arbitrators shall interpret this Agreement in accordance with the substantive laws of the Republic
of the Philippines. The arbitrators shall have no power to add to, subtract from or otherwise
modify the terms of Agreement or to grant injunctive relief of any nature. Any judgment upon
the award of the arbitrators may be entered in any court having jurisdiction thereof, with costs of
the arbitration to be borne equally by the parties, except that each party shall pay the fees and
expenses of its own counsel in the arbitration.
19. Governing Law The provisions of this 2000 Lease Contract shall be governed, interpreted
and construed in all aspects in accordance with the laws of the Republic of the Philippines.
Any disagreement as to the interpretation, application or execution of this 2000 Lease Contract
shall be submitted to a board of three (3) arbitrators constituted in accordance with the arbitration
law of the Philippines. The decision of the majority of the arbitrators shall be binding upon FKI
and respondent.
2005 contaract
19. Governing Law The provisions of this 2005 Lease Contract shall be governed, interpreted
and construed in all aspects in accordance with the laws of the Republic of the Philippines.
Any disagreement as to the interpretation, application or execution of this 2005 Lease Contract
shall be submitted to a board of three (3) arbitrators constituted in accordance with the arbitration
law of the Philippines. The decision of the majority of the arbitrators shall be binding upon FKI
and respondent.
Both parties shall attempt to amicably settle all disputes or controversies arising from this
Contract before the commencement of arbitration.
33.2. Arbitration
All disputes or controversies arising from this Contract which cannot be settled between the
Employer and the Contractor shall be submitted to arbitration in accordance with the
UNCITRAL Arbitration Rules at present in force and as may be amended by the rest of this
Clause. The appointing authority shall be Hong Kong International Arbitration Center. The place
of arbitration shall be in Hong Kong at Hong Kong International Arbitration Center (HKIAC).
Article XII
12.01. Should any dispute, difference or disagreement arise between the CLAIM-OWNER and
the COMPANY regarding the meaning, application or effect of this Agreement or of any clause
thereof, or in regard to the amount and computation of the royalties, deductions, or other item of
expense hereinabove provided, such dispute, difference or disagreement shall be referred to a
board of arbitration to be composed of one arbitrator to be appointed by the COMPANY, another
to be appointed by the CLAIM-OWNER, and a third to be selected by the two aforementioned
arbitrators, the decision of a majority of the said arbitrators to be binding upon the parties,
insofar as the same is permitted by law. No action shall be instituted in any Court by either party
hereto, unless the dispute, difference or disagreement, shall have been first submitted to and
received by said board of arbitrators, and any such action shall be based upon the award as
obtained.
12.02The parties stipulate that the venue of the actions referred to in Section 12.01 shall be in
the City of Manila.
BF corp vs Ca
Considering the fact that under the supposed Arbitration Clause invoked by defendants, it is
required that `Notice of the demand for arbitration of a dispute shall be filed in writin g with
the other party x x x x in no case x x x x later than the time of final payment x x x x which
apparently, had elapsed, not only because defendants had taken possession of the finished works
and the plaintiffs billings for the payment thereof had remained pending since November, 1991
up to the filing of this case on July 14, 1993, but also for the reason that defendants have failed to
file any written notice of any demand for arbitration during the said long period of one year and
eight months, this Court finds that it cannot stay the proceedings in this case as required by Sec.
7 of Republic Act No. 876, because defendants are in default in proceeding with such arbitration.
6. The Parties hereto agree that any dispute or conflict as regards to interpretation and
implementation of this Agreement which cannot be settled between [respondent] and [petitioner]
amicably shall be settled by means of arbitration x x x.[19]
4. Arbitration. Any dispute arising from the making, performance or termination of this Charter
Party shall be settled in New York, Owner and Charterer each appointing an arbitrator, who shall
be a merchant, broker or individual experienced in the shipping business; the two thus chosen, if
they cannot agree, shall nominate a third arbitrator who shall be an admiralty lawyer. Such
arbitration shall be conducted in conformity with the provisions and procedure of the United
States arbitration act, and a judgment of the court shall be entered upon any award made by said
arbitrator. Nothing in this clause shall be deemed to waive Owner's right to lien on the cargo for
freight, deed of freight, or demurrage.
"9. Arbitration
"Any disputes arising under this contract shall be settled by arbitration in London in accordance
with the Arbitration Act 1950 and any statutory amendment or modification thereof. Each party
is to appoint an Arbitrator, and should they be unable to agree, the decision of an Umpire
appointed by them to be final. The Arbitrators and Umpire are all to be commercial men and
resident in London. This submission may be made a rule of the High Court of Justice in England
by either party." 2
5. In case of disagreement or conflict arising out of this Contract, the parties hereby undertake to
submit the matter for determination by a committee of experts, acting as arbitrators, the
composition of which shall be as follows:
The members of the Arbitration Committee shall be appointed not later than three (3) working
days from receipt of a written notice from either or both parties. The Arbitration Committee shall
convene not later than three (3) weeks after all its members have been appointed and proceed
with the arbitration of the dispute within three (3) calendar months counted therefrom. By
written mutual agreement by the parties hereto, such time limit for the arbitration may be
extended for another calendar month. The decision of the Arbitration Committee by majority
vote of at least two (2) members shall be final and binding upon both the VENDOR and the
VENDEE;
Lanuza vs BF corp
35. Arbitration
(1) Provided always that in case any dispute or difference shall arise between the Owner or the
Project Manager on his behalf and the Contractor, either during the progress or after the
completion or abandonment of the Works as to the construction of this Contract or as to any
matter or thing of whatsoever nature arising thereunder or in connection therewith (including any
matter or thing left by this Contract to the discretion of the Project Manager or the withholding
by the Project Manager of any certificate to which the Contractor may claim to be entitled or the
measurement and valuation mentioned in clause 30(5)(a) of these Conditions or the rights and
liabilities of the parties under clauses 25, 26, 32 or 33 of these Conditions), the owner and the
Contractor hereby agree to exert all efforts to settle their differences or dispute amicably. Failing
these efforts then such dispute or difference shall be referred to arbitration in accordance with the
rules and procedures of the Philippine Arbitration Law.
(6) The award of such Arbitrators shall be final and binding on the parties. The decision of the
Arbitrators shall be a condition precedent to any right of legal action that either party may have
against the other. . . .12 (Underscoring in the original)
Lanaval drug vs Ca
7. . . . Should the parties fail to agree on the rate of rentals, the same shall be submitted to a
group of Arbitrators composed of three (3) members, one to be appointed by LESSOR, another
by LESSEE and the third one to be agreed upon by the two arbitrators previously chosen and the
parties hereto shall submit to the decision of the arbitrators.
Fiesta world vs. Linberg
Bengson vs Chan
15. Any and all questions, disputes or differences arising between the parties hereto relative to the
construction of the BUILDING shall be determined by arbitration of two persons, each chosen by the
parties themselves. The determination of said arbitration shall be final, conclusive and binding upon
both parties hereto, unless they choose to go to court, in which case the determination by arbitration
is a condition precedent for taking any court action. The expenses of arbitration shall be borne by
both parties equally.
1. Withdrawal and Compromise. The parties have agreed to withdraw their respective
claims from the Trial Court and to resolve their dispute through arbitration by praying
to the Trial Court to issue a Compromise Judgment based on this Compromise and
Arbitration Agreement.
In withdrawing their dispute form the court and in choosing to resolve it through
arbitration, the parties have agreed that:
(a) their respective money claims shall be reduced to purely money claims; and
(b) as successor and assignee of the PNB and DBP interest in MMIC and the MMIC
accounts, APT shall likewise succeed to the rights and obligations of PNB and DBP in
respect of the controversy subject of Civil Case No. 9900 to be transferred to
arbitration and any arbitral award/order against either PNB and/or DBP shall be the
responsibility of, be discharged by and be enforceable against APT, the partied having
agreed to drop PNB and DBP from the arbitration.
2. Submission. The parties hereby agree that (a) the controversy in Civil Case No. 9900 shall be
submitted instead to arbitration under RA 876 and (b) the reliefs prayed for in Civil Case No.
9900 shall, with the approval of the Trial Court of this Compromise and Arbitration Agreement,
be transferred and reduced to pure pecuniary/money claims with the parties waiving and
foregoing all other forms of reliefs which they prayed for or should have payed for in Civil Case
No. 9900.[13]
The Compromise and Arbitration Agreement limited the issues to the following:
5. Issues. The issues to be submitted for the Committees resolution shall be: (a) Whether
PLAINTIFFS have the capacity or the personality to institute this derivative suit in behalf of the
MMIC or its directors; (b) Whether or not the actions leading to, and including, the PNB-DBP
foreclosure of the MMIC assets were proper, valid and in good faith.