were specifically referred to him under clause 39.1(b). Under clause
39.1(b) there were two modes of mediation. In case of a dispute
between ... accordance with the conciliation procedure set forth in sub-clause
(b) of clause 39.1. Sub-clause (b) stipulates that in the event of any
dispute
Salem Advocate Bar Association,Tamil ... vs Union Of India on 2 August, 2005
Equivalent citations
Salem Advocate Bar Association, Tamil ... vs Union Of India (Uoi) on 2 August, 2005
Equivalent
clause
under the Supply Agreement; the multi-tier dispute
resolution/escalation clause set out in the Supply Agreement is as
follows:
"14. MEDIATION ... Agreement and also indicates
to proceed with mediation in accordance with the terms of the
Mediation Clause. Furthermore, in the plaintiff‟s letter dated
process, whether referred to by the expression
mediation, field litigation mediation, online mediation, community
mediation, conciliation, or an attempt of similar import, whereby the parties ... dispute would be referred to the mediator, and if
mediation failed the dispute would be referred to arbitration. Clause 50
becomes a binding dispute resolution
process, whether referred to by the expression
mediation, field litigation mediation, online mediation, community
mediation, conciliation, or an attempt of similar import, whereby the parties ... dispute would be referred to the mediator, and if
mediation failed the dispute would be referred to arbitration. Clause 50
becomes a binding dispute resolution
duly acknowledged by the society.
5. Clause 41.1 provides for mediation. Clause 41.2 provides that in the event
that the parties are unable to resolve ... same by mutual discussion or
without first being referred to mediation. Precondition
to clause 41.2 is thus not complied with. In view of
clause
participate in the mediation process and shall make all
reasonable efforts to resolve the same through mediation in
accordance with the mediation rules ... request for mediation and was eager to
continue the mediation process.
10.09.2019 Reply of ICC informing the Claimant that
mediation proceedings have been terminated
down by Article 20 , which they understood to be as a
clause prescribing mediation. It added that since the two parties had
already concluded ... Article 20 of the respective Concession Agreements
constitutes an ‘arbitration clause’ or merely prescribes ‘mediation’.
Given the commonality of the interpretative challenge, a uniform
determination
Family
Arrangement". At Clause (V) of the arrangement, a Mediation
clause was inserted, wherein it was agreed that all further disputes
