Discrepancy between Contract Documents Clause Samples

The "Discrepancy between Contract Documents" clause defines how conflicts or inconsistencies among various contract documents are to be resolved. Typically, this clause establishes a hierarchy or order of precedence, specifying which document will govern if there is a contradiction between, for example, the main contract, technical specifications, or drawings. In practice, this ensures that all parties have a clear process for addressing ambiguities or conflicting requirements, thereby minimizing disputes and maintaining project continuity.
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Discrepancy between Contract Documents. 1.4.1 In any event MWC determines that a discrepancy exists any of the Contract Documents or in the event the CMC argues that such contradiction exists, MWC shall instruct the order of precedence to be applied. 1.4.2 The CMC shall be bound to its Proposal, as accepted by MWC. For the avoidance of doubt, in case of a discrepancy between the CMC’s Proposal and any of eh remaining Contract Documents, MWC may determine which documents or provisions, or part thereof, shall prevail.
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  • Settlement of Disputes between Contracting Parties 1. Should any dispute arise concerning the interpretation or application of this Agreement the Contracting Parties shall try to settle the dispute amicably. 2. If the dispute cannot be settled in a such manner it shall, upon the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this Article. 3. The Arbitral Tribunal shall be constituted in the following way: within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator. The two arbitrators will choose a national of a third State who, on the approval by the two Contracting Parties, shall act as chairman of the Tribunal (hereinafter referred to as "the Chairman"). The Chairman shall be appointed within two months from the date of appointment of the other two arbitrators. 4. If within the period specified in paragraph 3 of this Article either Contracting Party shall not have appointed its arbitrator or the two arbitrators shall not have agreed on the chairman, a request may be made to the President of the International Court of Justice to make the appointment. If he is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointment. If the Vice-President also is a national of either Contracting Party or is prevented from discharging the said function, the member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the appointment. 5. The Arbitral Tribunal shall reach its decision by a majority of votes, such decision shall be final and binding. Each contracting Party shall bear the costs of its own arbitrator and its counsel in the arbitral proceedings, the costs of the chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal shall determine its own procedure.

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