Clause 24 - Disputes
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Clause 24 - Disputes
A. The Assured hereby submits to the jurisdiction of the High Court of Justice of England in respect of any action brought by the Club to recover sums which the Club may consider to be due to it from the Assured. Without prejudice to the foregoing the Club shall be entitled to commence and maintain in any jurisdiction any action to recover sums which the Club may consider to be due to it from the Assured.
B. If any other difference or dispute shall arise between an Assured or any other person and the Club out of or in connection with these Terms & Conditions or any contract between the Assured and the Club or as to the rights or obligations of the Club or the Assured or any other person thereunder or in connection therewith, such difference or dispute shall in the first instance be referred to and adjudicated upon by the Club, unless the Club elects to waive such adjudication, whereupon the Assured or such other person concerned shall be entitled to refer the difference or dispute to arbitration in accordance with the provisions of paragraph C of this Clause. Such reference and adjudication shall be on written submissions only.
C. If the Assured or such other person concerned in such difference or dispute does not accept the decision of the Club, such difference or dispute shall be referred to the arbitration in London of two Arbitrators (one to be appointed by the Club and the other by such Assured or such other person) and an Umpire to be appointed by the Arbitrators, and the submission to arbitration and all the proceedings therein shall be subject to the provisions of the English Arbitration Act, 1996, and any statutory modification or re-enactment thereof.
D. No Assured or such other person shall be entitled to maintain any action, suit or other legal proceedings against the Club upon any such difference or dispute
i. unless and until the same has been so referred to the Club for adjudication under paragraph (B) of this Clause and the Club shall have given their decision thereon or the reference to such adjudication shall have been waived in accordance with the proviso to paragraph (B) of this Clause, and
ii. if such decision is not accepted by such Assured or such other person or if the reference to such adjudication shall have been waived, unless and until such difference or dispute shall have been referred to arbitration as provided in paragraph (C) of this Clause and the Award in such reference shall have been published, and
iii. then only for such sum (if any) as the Award may direct to be paid by the Club, and
iv. the sole obligation of the Club to such Assured or such other person under these Terms & Conditions and any contract between the Club and the Assured or otherwise howsoever in respect of any such dispute or difference shall be to pay such sum as may be directed by such an Award.
E. If any difference or dispute shall arise between an Assured or any other person and the Managers or their servants or agents (collectively the Managers’ Group), out of or in connection with these Terms & Conditions or any contract between the Assured and the Club or as to the rights or obligations of anyone of the Manager’s Group or the Assured in any other way in connection therewith, such difference or dispute shall be referred to arbitration in London of two Arbitrators (one to be appointed by the Manager’s Group and the other by such Assured or other person) and an Umpire to be appointed by the Arbitrators, and the submission to arbitration and all the proceedings therein shall be subject to the provisions of the English Arbitration Act, 1996, and any statutory modification or re-enactment thereof.