Common use of Dispute Resolution Proceedings Clause in Contracts

Dispute Resolution Proceedings. 7.1 The Panel Member will, when required, be available for at least two full days per month to hear disputes that have been referred to him/her. 7.1.1 The reasonable fees, costs and expenses of the Panel Member shall be borne by the HSE. For the avoidance of doubt, in all other respects, each party shall bear its own costs and expenses of its participation in the Third Party Dispute Resolution process. 7.1.2 In the interest of cost effectiveness the proceedings will be hosted on HSE premises. In the event that a HSE premises is not available to host proceedings the HSE shall be responsible for sourcing suitable alternative facilities and the costs of same shall be borne by the HSE. 7.1.3 Disputes shall be disposed of by way of hearing, unless otherwise determined by the Panel Member following consultation with both Parties, and the Panel Member shall consider all written and oral submissions made to him/her by the parties and having considered all such submissions the panel member shall endeavour to issue a written recommendation to both sides within six weeks from commencement of the review of the matter in dispute by the Panel Member. 7.1.4 The recommendation of the Panel Member shall be accepted by both parties to the dispute except where either side complains that the decision goes outside the terms of the Agreement. 7.1.5 In circumstances where either side complains that the decision goes outside the terms of the Agreement either party may, within four weeks of receipt of the Panel Member’s recommendation, apply to the President of the Institute of Chartered Arbitrators to appoint an Arbitrator (not being a Panel Member) to determine whether the recommendation of the Panel Member goes outside the terms of the Agreement. The findings of the Arbitrator shall be binding in this regard. The Arbitrator shall endeavour to deliver such findings within six weeks of referral. 7.1.6 Where the appointed arbitrator has determined that the Panel Member has gone outside the terms of the Agreement then the matter in dispute shall be addressed through the Framework Agreement as outlined at Clause 2.1.6. 7.1.7 Where the finding of the Arbitrator is that the Panel Member’s recommendation does not go outside the terms of the agreement then the Panel Member’s recommendations on the matter in dispute shall be accepted by both parties. 7.1.8 The reasonable fees, costs and expenses of the Arbitrator shall be borne by the HSE.