Common use of ALTERNATIVE DISPUTE RESOLUTION PROCEDURE Clause in Contracts

ALTERNATIVE DISPUTE RESOLUTION PROCEDURE. (a) A party must not start arbitration or court proceedings (except proceedings seeking interlocutory relief) in respect of a dispute arising out of this Agreement (`DISPUTE') unless it has complied with this clause. (b) A party claiming that a Dispute has arisen must notify the other party to the Dispute, specifying the nature of the Dispute. (c) Within 14 days after a notice is given under clause (b), each party to the Dispute must nominate in writing a representative authorised to settle the Dispute on its behalf. (d) Each party must ensure that, during the 30 day period after a notice is given under clause (b) (or longer period agreed between the parties), its representative uses his or her best endeavours, with the other representatives and the Joint Steering Committee: (i) to resolve the Dispute; or (ii) to agree on: (A) a process to resolve all or at least part of the Dispute without arbitration or court proceedings, (eg mediation, conciliation, executive appraisal or independent expert determination); (B) the selection and payment of any third party to be engaged by the parties and the involvement of any dispute resolution organisation; (C) any procedural rules; (D) the timetable, including any exchange of relevant information and documents; and (E) the place where meetings will be held. (e) The role of any third party is to assist in negotiating a resolution of the Dispute. A third party may not make a decision that is binding on a party unless that party's representative has so agreed in writing. (f) Each party: (i) must keep confidential all information or documents disclosed by a representative under this clause; and (ii) must not use such information or documents except to attempt to settle the Dispute. (g) Each party must bear its own costs of resolving a Dispute under this clause and the parties must bear equally the costs of any third party engaged. (h) After the 30 day period referred to in clause (d) (or longer period agreed between the parties), a party that has complied with clauses (b) to (d) may terminate the dispute resolution process by giving notice to the other parties to the Dispute. (i) If a party to a Dispute does not comply with any provision of clauses (a) to (d) the other parties to the Dispute are not bound by clauses (a) to (d).

ALTERNATIVE DISPUTE RESOLUTION PROCEDURE. (a) A party must not start arbitration or court proceedings (except proceedings seeking interlocutory relief) in respect of a dispute arising out of this Agreement (`DISPUTE') unless it has complied with this clause. (b) A party claiming that a Dispute has arisen must notify the other party to the Dispute, specifying the nature of the Dispute. (c) Within 14 days after a notice is given under clause (b), each party to the Dispute must nominate in writing a representative authorised to settle the Dispute on its behalf. (d) Each party must ensure that, during the 30 day period after a notice is given under clause (b) (or longer period agreed between the parties), its representative uses his or her best endeavours, with the other representatives and the Joint Steering Committee:joint steering committee established under the Development and Commercialisation Agreement (if it is still constituted): (i) to resolve the Dispute; or (ii) to agree on: (A) a process to resolve all or at least part of the Dispute without arbitration or court proceedings, (eg mediation, conciliation, executive appraisal or independent expert determination); (B) the selection and payment of any third party to be engaged by the parties and the involvement of any dispute resolution organisation; (C) any procedural rules; (D) the timetable, including any exchange of relevant information and documents; and (E) the place where meetings will be held. (e) The role of any third party is to assist in negotiating a resolution of the Dispute. A third party may not make a decision that is binding on a party unless that party's representative has so agreed in writing. (f) Each party: (i) must keep confidential all information or documents disclosed by a representative under this clause; and (ii) must not use such information or documents except to attempt to settle the Dispute. (g) Each party must bear its own costs of resolving a Dispute under this clause and the parties must bear equally the costs of any third party engaged. (h) After the 30 day period referred to in clause (d) (or longer period agreed between the parties), a party that has complied with clauses (b) to (d) may terminate the dispute resolution process by giving notice to the other parties to the Dispute. (i) If a party to a Dispute does not comply with any provision of clauses (a) to (d) the other parties to the Dispute are not bound by clauses (a) to (d).