Indian Kanoon - Search engine for Indian Law

(b) The Parties will work in good faith to resolve any disputes under this Agreement amicably. Should any Dispute arise between the Parties (hereinafter referred to as the "Dispute") concerning this Agreement or the interpretation of this Agreement or its termination, the Parties shall attempt to resolve the Dispute by negotiation.

In the event of a Dispute, each Party shall designate a representative to negotiate in good faith in an effort to resolve the dispute without the necessity of any formal proceeding. If such negotiations do not resolve the dispute within ten (10) days of written communication of the Dispute, then each Party will nominate one manager or other senior officer as its representative. These representatives will meet within ten (10) days of their nomination to attempt to resolve such Dispute. The designated representatives shall meet as often as the Parties reasonably deem necessary in order to gather and furnish to the other Party such information with respect to the matter in issue which the Parties believe to be appropriate and germane in connection with its resolution. The specific format for the discussions will be left to the discretion of the designated representatives, but may include the preparation of agreed-upon statements of fact or written statements of position. The Parties acknowledge that any such written statements will be prepared in connection with settlement negotiations, and as such will be privileged and shall not be used against the Party who prepared such statement unless it is subsequently introduced by the preparing Party in any formal proceedings. If the Parties' designated managerial representatives are unable to resolve the Dispute within thirty (30) days from the date of the written communication requesting referral to such managers/executives, and either 3 903-carap 67-19 Party wises to pursue its rights relating to such Dispute, then the Dispute will be subject to binding arbitration conducted in accordance with the then current rules of UNCITRAL. In such event: (1) the Parties shall appoint a sole arbitrator, who shall be knowledgeable in the field of communications and fluent in English; if an arbitrator is not jointly appointed within thirty (30) days after the reference to arbitration, the arbitrator shall be appointed in accordance with UNCITRAL rules; (2) the place of arbitration shall be Mumbai, India, and the law under which the arbitration is to be conducted shall be the laws set forth in this Section; (3) the arbitration proceedings shall be conducted, and the award shall be rendered in the English language; (4) each Party shall bear its own costs of the arbitration, including the costs incurred by the Parties in preparing and presenting their cases; provided, however, the arbitrator may order the expenses of the arbitration to be paid by the non-prevailing Party; (5) the award shall state the reason upon which it is based; (6) the award of the arbitrator shall be final and binding and may be entered and enforced as a judgment against a Party in any court of competent jurisdiction; (7) the arbitration proceedings are to be held in private and treated as confidential so that unless otherwise agreed, all evidence given to the arbitrator or document produced at any hearing is to be considered as Confidential so that unless otherwise agreed, all evidence given to the arbitrator or document produced at any hearing is to be considered as Confidential Information under Section 22 hereof; (8) nothing in the foregoing shall prevent a Party from seeking injunctive relief relating to confidentiality or intellectual property violations; and (9) each Party shall continue to perform its obligations pursuant to this Agreement during the pendency of any Dispute and until this Agreement shall expire or terminate in accordance with its terms."

5. This notice of the applicant's Advocate was responded by the letter dated 31 December 2018 of the Advocate for the respondent. In regard to the suggestion of the applicant to nominate a sole arbitrator as referred in paragraph 5 of the said letter of the applicant's Advocate, the respondent in paragraph 14 recorded that the respondent did not agree with the applicant's proposal to appoint Dr. Justice F.I. Rebello (Retd.) as the sole arbitrator and instead, proposed to appoint Mr.Justice Deepak Verma (Retd.) as the sole arbitrator. Paragraph 14 of the reply letter as addressed on behalf of the respondent needs to be noted which reads thus:-

(b) A proposal for the appointment of a sole arbitrator referred to in article 8, paragraph 1;

(c) Notification of the appointment of an arbitrator referred to in article 9 or 10.

5. The constitution of the arbitral tribunal shall not be hindered by any controversy with respect to the sufficiency of the notice of arbitration, which shall be finally resolved by

13 903-carap 67-19 the arbitral tribunal."

2. The response to the notice of arbitration may also include:

(a) Any plea that an arbitral tribunal to be constituted under these Rules lacks jurisdiction;

(b) A proposal for the designation of an appointing authority referred to in article 6, paragraph 1;

(c) A proposal for the appointment of a sole arbitrator referred to in article 8, paragraph 1;

                (d)     Notification of the appointment of an
         arbitrator referred to in article 9 or 10;
                (e)     A brief description of counterclaims or claims