Contract Management and Dispute Resolution Clause Samples

The "Contract Management and Dispute Resolution" clause outlines the procedures for overseeing the administration of the contract and resolving any disagreements that may arise between the parties. It typically specifies the roles and responsibilities for contract oversight, sets out processes for raising and addressing issues, and details the steps for dispute resolution, such as negotiation, mediation, or arbitration. By establishing clear mechanisms for managing the contract and handling disputes, this clause helps ensure smooth contract performance and provides a structured approach to resolving conflicts efficiently, minimizing disruption and potential legal costs.
Contract Management and Dispute Resolution. 5.1 Each Party will appoint one contract manager and, for periods when any contract manager is sick or on holidays, a deputy for him or her (the Contract Manager), who will be the initial point of contact for the other Party for the overall management of this Agreement. The initial Contract Managers are named in Appendix A for the Dealer and the Fund Manager. A Party shall direct all notices and communications, other than the routine transmission of Documentation under this Agreement to the other Party’s Contract Manager unless otherwise stated. 5.2 Each Party shall: (a) be entitled to treat the other Party’s Contract Manager or any respective deputy as the authorised representatives of the other Party in respect of the matters conferred on the Contract Managers under this Agreement; and (b) notify promptly from time to time the other Party of any planned change of its Contract Manager or any deputy to the Contract Manager. 5.3 In the event of a dispute in connection with this Agreement, and the Parties are unable to resolve the dispute through their Contract Managers, the dispute shall be appropriately escalated within the Dealer and the Fund Manager for resolution. If the Parties are still not able to resolve the dispute within a reasonable period of time after such escalation, then the Parties may exercise their respective rights under this Agreement. 5.4 All disputes arising in connection with this Agreement shall be finally settled under the Rules of the ADR Institute of Canada by a single arbitrator appointed in accordance with such Rules. The place of arbitration shall be ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇. The language to be used during the proceedings shall be the English language. The arbitrators shall be instructed that time is of the essence in proceeding with their determination of any dispute and, unless otherwise agreed by the Parties, the decision of the arbitrators should be rendered within thirty (30) days of the conclusion of the final hearing of such dispute. The decision of the arbitral tribunal shall be in writing and shall be final and binding with rights of appeal in accordance with the Arbitration Act, 1991 (Ontario). Either Party may request any competent court, wherever situated, to declare the award enforceable and any legal fees and expenses incurred by such Party in connection with such request shall be paid by the non-executing party. Subject to applicable laws, the Parties undertake to keep strictly confidential the content of the arbitral pr...
View SourceView Similar (2)
Contract Management and Dispute Resolution 
View SourceView Similar (5)

Related to Contract Management and Dispute Resolution

  • Governing Law and Dispute Resolution This Agreement is to be governed by and construed under the laws of England and Wales, excluding any body of law governing conflicts of law. The Parties agree that the United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from application to this Agreement. Any disagreement or dispute arising out of or relating to this Agreement, or the breach thereof, which the Parties are unable to resolve after good faith negotiations, shall be submitted first to the upper management level of the Parties. The Parties, through their upper management level representatives, which if You are an individual, is You, shall meet within thirty (30) days of the dispute being referred to them and if the Parties are unable to resolve such disagreement or dispute within thirty (30) days of meeting, except to the extent specifically prohibited by applicable law in Your jurisdiction, such disagreement or dispute shall be settled by final and binding arbitration to be conducted in London, England in accordance with the Rules of Arbitration of the International Chamber of Commerce ("ICC Rules") and shall be heard by one arbitrator appointed in accordance with the said ICC Rules and to be mutually agreed to by the Parties within thirty (30) days of the appointment of the arbitrator, failing which the arbitrator shall be nominated by the President of the British Computer Society (or by a person duly appointed by the President to act on his or her behalf) on the application of either Party for the time being in force, which rules are deemed to be incorporated by reference in this clause. If the provisions of the foregoing are prohibited by law in Your jurisdiction, the arbitration shall be: (i) held in Your jurisdiction; (ii) settled by arbitration in accordance with the ICC Rules; and (iii) heard by one arbitrator appointed in accordance with the ICC Rules and to be mutually agreed to by the Parties within thirty (30) days of the appointment of the arbitrator, failing which a neutral third party shall appoint the arbitrator. Each Party shall bear one half of the costs associated with the arbitration proceedings. No dispute between the Parties, or involving any person but You, may be joined or combined together, without the prior written consent of RIM. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, RIM has the right to institute legal or equitable proceedings, including proceedings seeking injunctive relief, in a court of law for claims or disputes regarding: (i) amounts owed by You to RIM in connection with Your acquisition of Your BlackBerry Solution or any portion thereof, if applicable; and (ii) Your violation or threatened violation of the Sections of this Agreement entitled "Rules of Use for Your BlackBerry Solution" (Section 3), "Software and Documentation License" (Section 2), "Intellectual Property" (Section 11), "Export, Import and Use Restrictions and U.S. Government Licenses" (Section 12), "Security" (Section 13), "Confidentiality and No Reverse Engineering" (Section 15), and "Effect of Termination" (Section 18). You irrevocably waive any objection on the grounds of venue, forum non-conveniens or any similar grounds and irrevocably consent to service of process by mail or in any other manner permitted by applicable law and irrevocably consent and attorn to the jurisdiction of the courts located in England for any such claims arising from or related to this Agreement. The Parties specifically agree that, in the event that there is a dispute under this Agreement and such dispute is to be resolved in a court of law, such dispute shall not be resolved by jury trial. The Parties hereby waive all rights to a trial by jury in any matter related to or arising from this Agreement.