Dispute Resolution. I 2.1 The Parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute ultimately to the Commercial Director (or such other person as he may direct) of each Party. I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act. I 2.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant to the procedure set out in clause I 2.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times. I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows: a) a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the Parties, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator. b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure. c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings. d) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives. e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties. f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6. I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that: a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7 b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7 c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit. I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6: a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇; b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating: i) that the dispute is referred to arbitration; and ii) providing details of the issues to be resolved; c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules; d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties; e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA; f) the arbitration proceedings shall take place in London and in the English language; and g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English law.
Appears in 34 contracts
Sources: Provision of Services Agreement, Employability Support Programme Agreement, Commercial Agreement
Dispute Resolution. I 2.1 The Parties shall attempt in good faith to negotiate 15.1 A Party claiming that a settlement to any dispute between them arising out of or in connection with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute ultimately to the Commercial Director (or such other person as he may direct) of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining Dispute has arisen must promptly give the other Party from doing a Dispute Notice.
15.2 A Party must not commence any act court proceedings in relation to a Dispute, except proceedings for urgent interlocutory relief, unless it has complied with this Clause 15 in relation to that Dispute.
15.3 Despite the existence of a Dispute, the Parties must continue to perform their obligations under this Contract.
15.4 This Clause 15 does not limit or compelling otherwise affect the rights of the Department, which includes all of its rights under, this Contract, including its right to terminate it.
15.5 If a Party gives a Dispute Notice under this Clause 15, it is open to either Party to give a Notice of any other issue or dispute connected with the initial Dispute, and all other issues or disputes raised shall be deemed to have been included in the initial Dispute Notice.
15.6 If a Dispute Notice has been given by a Party and that Dispute is the subject of the Dispute resolution process under this Clause 15, neither Party may give a further Dispute Notice which commences a new Dispute resolution process for that Dispute without the consent of the other Party. A Party seeking to give a further Dispute Notice or Dispute Notices must provide evidence to the other Party as to do any act.
I 2.3 If why the dispute new issues that it wishes to raise cannot be resolved managed as part of resolving the current Dispute, and that the Dispute which warrants the giving of a further Dispute Notice is clearly distinguished from, or does not arise as a result of, the Dispute resolution process that was commenced by the Parties pursuant to clause I 2.1 initial Dispute Notice.
15.7 If a Party gives a Dispute Notice, the Parties shall refer it must seek to mediation pursuant resolve that Dispute through good faith negotiations.
15.8 If the Parties are unable to settle a Dispute within seven days of one Party giving a Dispute Notice to the procedure set out in clause
I 2.4 other Party, each Party must appoint a representative with authority to settle the Dispute. The obligations of appointed representatives must meet within a further seven days to attempt to settle the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all timesDispute.
I 2.5 The procedure for mediation and consequential provisions relating 15.9 If the representatives are unable to mediation are as followsresolve the Dispute within seven days of first meeting, the Dispute must be referred within 14 days after their meeting to:
a) a neutral adviser in the case of the Department – its Executive Director or mediator (the “Mediator”) shall be chosen by agreement between the PartiesDeputy Secretary of, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.their delegate; and
b) The Parties shall within ten (10) Working Days in the case of the appointment Training Provider – its CEO.
15.10 The Department’s representative and the CEO must meet with each other to seek to resolve the Dispute within seven days after the end of the Mediator meet with him in order to agree a programme for referral period under Clause 15.9.
15.11 If the exchange Dispute is not resolved within seven days of all relevant information the first meeting of the Department’s representative and the structure to be adopted for negotiations to be held. If considered appropriateTraining Provider's CEO, the Parties Department may at any stage seek assistance from a refer the Dispute to mediation provider administered by the ADC according to provide guidance on a suitable procedureits mediation guidelines.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) 15.12 If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute Dispute is referred to arbitration pursuant to mediation by the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save thatDepartment:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to mediation will be referred to and resolved by arbitration conducted in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on ADC's Guidelines for Commercial Mediation operating at the Authority of its intentions and time the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be Dispute is referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇ADC;
b) the Authority shall give a written notice of arbitration to Parties must (unless they agree otherwise) conduct the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details mediation within 14 days of the issues to be resolvedmediator being appointed;
c) the London Court each Party will pay its own costs of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied attending and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties participating in the absence of any material failure to comply with such rules;mediation; and
d) the tribunal shall consist cost of a sole arbitrator to the ADC and the appointed mediator will be agreed by shared equally between the Parties;.
e) if 15.13 The Department may notify the Minister of any Dispute.
15.14 In the event that the Department refers the Dispute to mediation and the Parties fail are unable to agree resolve the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted Dispute in accordance withwith Clause 15.12, English lawor the Dispute is not referred to mediation, then the Department may refer the Dispute to the Secretary or the Secretary's nominee for determination. A decision made under a referral in accordance with this Clause 15.14, will be final and binding on both Parties.
15.15 This Clause 15 does not apply to a Dispute arising under Clause 11 or Clause 17 or Clause 11 of Schedule 1.
Appears in 26 contracts
Sources: Vet Funding Contract, Vet Funding Contract, Vet Funding Contract
Dispute Resolution. I 2.1 20.1 The Parties shall attempt in good faith to negotiate a settlement to resolve any dispute between them arising out of or in connection with the Contract within twenty (20) 10 Working Days of either Party notifying the other of the dispute and such efforts shall involve include the escalation of the dispute ultimately to the Commercial Director (Supplier’s representative and the Authority’s commercial director or such other person as he may direct) of each Partyequivalent.
I 2.2 20.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 20.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 Clause 20.1 the Parties shall refer it to mediation pursuant to the procedure set out in clauseClauses 20.5 to 20.10.
I 2.4 20.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor Supplier and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a 20.5 A neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the PartiesParties or, or if they are unable to agree upon a Mediator within ten (10) 10 Working Days after a request by one Party to the other or if the chosen Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) 10 Working Days from the date of the proposal to appoint a Mediator, Mediator or within ten (10) 10 Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider the Centre for Effective Dispute Resolution to appoint a Mediator.
b) 20.6 The Parties shall shall, within ten (10) 10 Working Days of the appointment of the Mediator, meet the Mediator meet with him in order to agree a programme for the exchange disclosure of all relevant information and the structure to be adopted for negotiations to be heldnegotiations. If considered appropriate, the The Parties may at any stage seek assistance from a mediation provider the Centre for Effective Dispute Resolution to provide guidance on a suitable procedure.
c) 20.7 Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) 20.8 If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) 20.9 Failing agreement, either of the Parties may invite the Mediator to provide a non-non- binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) 20.10 If the Parties fail to reach agreement in the structured negotiations within sixty (60) 60 Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any the dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6Courts.
I 2.6 20.11 Subject to clause I 2.2Clause 20.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 Clauses 20.1 and I 2.3 20.5 to 20.10 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fitcompleted.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English law.
Appears in 21 contracts
Sources: Contract for Services, Contract for Services, Contract for Data Analysis Testing
Dispute Resolution. I 2.1 The Parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute and such dispute. Such efforts shall involve the escalation of the dispute ultimately to the Commercial Director (or such other person as he may direct) of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant to the procedure set out in clauseclause I 2.5 unless (a) the Authority considers that the dispute is not suitable for resolution by mediation; or (b) the Contractor does not agree to mediation.
I 2.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the Parties, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute initiate court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit].
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
(i) that the dispute is referred to arbitration; and
(ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English law.
Appears in 19 contracts
Sources: Provision of Services Agreement, Post Work Programme Support Agreement, Provision of Getting Ready 4 Work Intensive Support Programme for Lone Parents
Dispute Resolution. I 2.1 28.1 The Parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the Contract within twenty (20) 20 Working Days of either Party notifying the other of the dispute and dispute. If necessary such efforts shall involve the escalation of the dispute ultimately to the Commercial Director finance director (or such other person as he may directequivalent) of each Partythe Contractor and the Authority’s Head of Procurement.
I 2.2 28.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of the competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 28.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 28.1 the Parties dispute shall refer it be referred to mediation pursuant to the procedure set out in clauseclause 28.5 unless the Authority considers that the dispute is not suitable for resolution by mediation or the Contractor does not agree to mediation.
I 2.4 28.4 The obligations performance of the Parties under the Contract shall not ceasebe suspended, cease or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor (and its Staff employees, consultants, agents or sub-contractors) shall comply fully with the requirements of the Contract at all times.
I 2.5 28.5 The procedure for mediation and consequential provisions relating to mediation are is as follows:
a) 28.5.1 a neutral adviser or mediator (“the “Mediator”) shall be chosen by agreement between the Parties, or if . If they are unable to agree upon a Mediator within ten (10) 10 Working Days after a request nomination of a Mediator by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) 10 Working Days from the date of the proposal to appoint a Mediator, nomination or within ten (10) 10 Working Days of notice to either Party discovering that he the nominated Mediator is unable or unwilling to act, apply to a mediation provider the Centre for Effective Dispute Resolution (“CEDR”) to appoint a Mediator.
b) 28.5.2 The Parties shall within ten (10) 10 Working Days of the appointment of the Mediator meet with him the appointed Mediator in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider CEDR to provide guidance on a suitable procedure.
c) 28.5.3 Unless otherwise agreedagreed in writing, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence confidence, save that details of the settlement may be given to any Central Government department without the permission of the Contractor, and without prejudice to the rights of the Parties in any future proceedings.
d) 28.5.4 If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in reduced to writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) 28.5.5 Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinionopinion in writing. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) 28.5.6 If the Parties fail to reach agreement in the structured negotiations within sixty (60) 45 Working Days of the Mediator being appointed, or such longer period as may be agreed by the PartiesParties in writing, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6Courts.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English law.
Appears in 19 contracts
Sources: Contract for the Provision of Services, Contract for the Provision of Research Projects, Single Supplier Framework Agreement
Dispute Resolution. I 2.1 44.1 The Parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute and dispute, such efforts shall involve the escalation of the dispute ultimately to the Commercial Director of Procurement (or such other person as he may directequivalent) of each Party.
I 2.2 44.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of the competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 44.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 44.1 the Parties dispute shall refer it be referred to mediation pursuant to the procedure set out in clauseclause 44.5 unless the Parties agree that the dispute is not suitable for resolution by mediation.
I 2.4 44.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff the Contractor’s Personnel shall comply fully with the requirements of the Contract at all times.
I 2.5 44.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) 44.5.1 a neutral adviser or mediator ("the “Mediator”") shall be chosen by agreement between the PartiesParties or, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, Mediator or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider the Centre for Effective Dispute Resolution to appoint a Mediator.
b) The 44.5.2 the Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a the Centre for Effective Dispute Resolution or other mediation provider to provide guidance on a suitable procedure.
c) Unless 44.5.3 unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If 44.5.4 if the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in reduced to writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing 44.5.5 failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If 44.5.6 if the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.644.6.
I 2.6 44.6 Subject to clause I 2.244.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 44.1, 44.3 and I 2.3 44.5 have been completed save that:
a) the 44.6.1 The Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.744.7.
b) if 44.6.2 If the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty twenty-one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with the provisions of clause I 2.744.7.
c) the 44.6.3 The Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with the provisions of clause I 2.744.7, to which the Authority may consent as it sees fit.
I 2.7 44.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.644.6:
a) 44.7.1 the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇Act 1996;
b) 44.7.2 the Authority shall give a written notice of arbitration to the Contractor ("the “Arbitration Notice“") stating:
i) 44.7.2.1 that the dispute is referred to arbitration; and
ii) 44.7.2.2 providing details of the issues to be resolved;
c) 44.7.3 the London Court of International Arbitration (“"LCIA”") procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) clause 44.7.2 shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) 44.7.4 the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) 44.7.5 if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English law.clause
Appears in 17 contracts
Sources: Contract for the Provision of Services, Contract for the Provision of Services, Contract for the Provision of Services
Dispute Resolution. I 2.1 11.2.1 The Parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute ultimately to the Commercial Director those persons named in Clause 2.3 (or such other person as he may direct) of each PartyNotices).
I 2.2 11.2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 11.2.3 If the dispute cannot be resolved by the Parties pursuant to clause I Clause 11.
2.1 the Parties shall refer it to mediation pursuant to the procedure set out in clauseClause 11.2.5 unless (a) the Authority considers that the dispute is not suitable for resolution by mediation; or (b) the Supplier does not agree to mediation.
I 2.4 11.2.4 The obligations of the Parties under the Contract shall not ceasebe suspended, cease or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor Supplier and its the Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 11.2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
(a) a neutral adviser or mediator (“the “Mediator”) shall be chosen by agreement between the PartiesParties or, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, Mediator or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider the Centre for Effective Dispute Resolution (“CEDR”) to appoint a Mediator.
(b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider CEDR to provide guidance on a suitable procedure.
(c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
(d) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in reduced to writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
(e) Failing agreement, either of the Parties may invite the Mediator to provide a non-non- binding but informative written opinionopinion in writing. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
(f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6Courts.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English law.
Appears in 14 contracts
Sources: Contract, Contract for Debt Recovery Services, Contract
Dispute Resolution. I 2.1 24.2.1 The Parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the Legal Services Contract within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute ultimately to the Commercial Director (or such other person as he may direct) level of representative of each PartyParty specified in the Order Form.
I 2.2 24.2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 24.2.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 Clause 24.2.1, the Parties shall refer it to mediation pursuant to the procedure set out in clauseClause 24.2.5 unless:
I 2.4 24.2.3.1 the Customer considers that the dispute is not suitable for resolution by mediation; or
24.2.3.2 the Supplier does not agree to mediation.
24.2.4 The obligations of the Parties under the Legal Services Contract shall not ceasebe suspended, cease or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor Supplier and its Staff the Supplier’s Personnel shall comply fully with the requirements of the Legal Services Contract at all times.
I 2.5 24.2.5 The procedure for mediation and consequential provisions relating to mediation are is as follows:
a) 24.2.5.1 a neutral adviser or mediator (the “Contract Mediator”") shall be chosen by agreement between the PartiesParties or, or if they are unable to agree upon a Contract Mediator within ten (10) Working Days after a request by one Party to the other or if the Contract Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, Contract Mediator or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider the CEDR to appoint a Contract Mediator.;
b) The 24.2.5.2 the Parties shall within ten (10) Working Days of the appointment of the Contract Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider the CEDR to provide guidance on a suitable procedure.;
c) Unless 24.2.5.3 unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.;
d) If 24.2.5.4 if the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in reduced to writing and shall be binding on the Parties once it is signed by their duly authorised representatives.;
e) Failing 24.2.5.5 failing agreement, either of the Parties may invite the Contract Mediator to provide a non-binding but informative written opinionopinion in writing. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.; and
f) If 24.2.5.6 if the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Contract Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6courts.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English law.
Appears in 13 contracts
Sources: Legal Services Contract, Legal Services Contract, Legal Services Contract
Dispute Resolution. I 2.1 16.1 A Party claiming that a Dispute has arisen must promptly give the other Party a Dispute Notice.
16.2 The Parties shall must attempt to resolve all Disputes under this Clause 16 before commencing any court proceedings, except proceedings for urgent interlocutory relief.
16.3 Despite the existence of a Dispute, the Parties must continue to perform their obligations under this VET Funding Contract.
16.4 This Clause 16 does not affect the rights of the Department, which includes all of its rights and its right to terminate this VET Funding Contract.
16.5 The Parties must seek to resolve all Disputes acting in good faith and must not unreasonably delay or hinder the dispute resolution process provided for under this Clause 16.
16.6 If a Party provides a Dispute Notice under this Clause 16, it is open to negotiate a settlement to any dispute between them arising out of or in connection with the Contract within twenty (20) Working Days of either Party notifying to provide a Notice of any other issue or dispute, and all other issues or disputes raised shall be deemed to have been included in the initial Dispute Notice.
16.7 If a Dispute Notice has been served by a Party, neither Party may issue a further Dispute Notice which recommences the Dispute resolution process as specified in this Clause 16 in respect of that Dispute without the consent of the other of the dispute and such efforts shall involve the escalation of the dispute ultimately Party. A Party seeking to the Commercial Director (issue a further Dispute Notice or such other person as he may direct) of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining Dispute Notices must provide evidence to the other Party from doing any act or compelling as to why the other Party new issues that it wishes to do any act.
I 2.3 If the dispute raise cannot be resolved managed as part of resolving the current Dispute, and that the Dispute which warrants the issue of a further Dispute Notice is clearly distinguished from, or does not arise as a result of, that which was commenced by the Parties pursuant to clause I 2.1 initial Dispute Notice.
16.8 If the Parties shall refer it are unable to mediation pursuant settle a Dispute within seven days of one Party giving a Dispute Notice to the procedure set out in clause
I 2.4 other Party, each Party must appoint a representative with authority to settle the Dispute. The obligations of appointed representatives must meet within a further seven days to attempt to settle the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all timesDispute.
I 2.5 The procedure for mediation and consequential provisions relating 16.9 If the representatives are unable to mediation are as followsresolve the Dispute within seven days of first meeting, the Dispute must be referred within a further seven day period (Referral Period) to:
a) a neutral adviser in the case of the Department – its Executive Director or mediator (the “Mediator”) shall be chosen by agreement between Deputy Secretary of the PartiesDepartment, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.their delegate; and
b) The Parties shall within ten (10) Working Days in the case of the appointment Training Provider – its CEO.
16.10 The Department’s representative and the CEO must meet with each other to seek to resolve the Dispute within seven days of the Mediator meet with him in order to agree a programme for last day of the exchange Referral Period.
16.11 If the Dispute is not resolved within seven days of all relevant information the first meeting of the Department’s representative and the structure to be adopted for negotiations to be held. If considered appropriateCEO, the Parties Department may at any stage seek assistance from a refer the Dispute to mediation provider administered by the Australian Commercial Disputes Centre (ACDC) according to provide guidance on a suitable procedureits mediation guidelines.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) 16.12 If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute Dispute is referred to arbitration pursuant to mediation by the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save thatDepartment:
a) the Authority may at any time before court proceedings are commenced, serve Parties will agree on a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) mediator within seven days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇referral, failing which a mediator will be provided by ACDC;
b) the Authority shall give a written notice of arbitration to Parties must (unless they agree otherwise) conduct the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details mediation within 14 days of the issues to be resolvedmediator being appointed;
c) each Party will pay its own costs in relation to attendance at, and participation in, the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;mediation; and
d) the tribunal shall consist cost of a sole arbitrator the ACDC and the appointed mediator will be shared equally between the Parties.
16.13 The Department may notify the Minister of any Dispute.
16.14 In the event that the Department refers the Dispute to be agreed mediation and the Parties are unable to resolve the Dispute pursuant to Clause 16.12, or the Dispute is not referred to mediation, then the Department may refer the Dispute to the Secretary, or such other person nominated by the Secretary, as appropriate. A decision made pursuant to a referral under this Clause 16.14, will be final and binding on both Parties;.
e) if the Parties fail 16.15 This Clause 16 does not apply to agree the appointment a Dispute arising under Clause 11 or Clause 18 or Clause 13 of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English lawSchedule 1.
Appears in 12 contracts
Sources: Vet Funding Contract, Vet Funding Contract, Vet Funding Contract
Dispute Resolution. I 2.1 (1) The Parties parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the Contract within twenty Contract.
(202) Working Days of either Party notifying If the other of parties cannot resolve the dispute and such efforts shall involve the escalation pursuant to paragraph (1) of this Condition, the dispute ultimately to may, by agreement between the Commercial Director (or such other person as he may direct) of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 If the dispute cannot parties, be resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it referred to mediation pursuant to the procedure set out in clauseparagraph (4) of this Condition.
I 2.4 (3) The obligations performance of the Parties under the Contract Services shall not cease, cease or be suspended or delayed by the reference of a dispute to mediation pursuant to paragraph (or arbitration2) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all timesthis Condition.
I 2.5 The procedure for mediation and consequential provisions relating (4) If the parties agree to mediation are as followsrefer the dispute to mediation:
(a) a neutral adviser or mediator in order to determine the person who shall mediate the dispute (the “Mediator”) the parties shall be chosen by agreement between choose a neutral adviser or mediator from one of the Parties, dispute resolution providers listed by the Office of Government Commerce on its website or if they are unable in its printed guidance on dispute resolution within 30 days after agreeing to agree upon a Mediator within ten refer the dispute to mediation;
(10b) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party parties shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days 14 days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties parties may at any stage seek assistance from a mediation provider the Office of Government Commerce to provide guidance on a suitable procedure.;
(c) Unless unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties parties in any future proceedings.;
(d) If if the Parties parties reach agreement on the resolution of the disputedispute within 60 days of the Mediator being appointed, or such longer period as may be agreed between the parties, the agreement shall be recorded in reduced to writing and shall be binding on the Parties parties once it is signed by their duly authorised representatives.both the Authority and the Contractor;
(e) Failing agreementfailing agreement within 60 days of the Mediator being appointed, or such longer period as may be agreed between the parties, either of the Parties parties may invite the Mediator to provide a non-binding but informative written opinionopinion in writing. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Partiesparties.
f(5) If the Parties parties do not agree to refer the dispute to mediation, or if the parties fail to reach agreement as to who shall mediate the dispute pursuant to Condition 22(4)(a) or if they fail to reach agreement in the structured negotiations within sixty (60) Working Days 60 days of the Mediator being appointed, appointed or such longer period as may be agreed by the Partiesparties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6courts.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English law.
Appears in 10 contracts
Sources: Contract for Small Business Research Initiative (Sbri) Services, Contract for the Provision of State Aid Consultancy, Contract for the Provision of Services
Dispute Resolution. I 2.1 The Parties Each Party shall attempt in good faith use its reasonable endeavours to negotiate a settlement to resolve amicably and expeditiously any dispute which may arise between them arising out of concerning these terms, any Order Form or in connection with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute ultimately to the Commercial Director (or such other person as he may direct) of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 documents incorporated by reference therein. If the a dispute cannot be resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant to the procedure set out amicably within 7 days of such dispute being notified in clause
I 2.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the Parties, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request writing by one Party to the other for the purposes of this clause 7 then the dispute shall be determined as follows:
7.1 If the dispute is of a technical nature concerning the interpretation of any Order Form or if relating to the Mediator functions or capabilities of the Software, any applicable Third Party Software or the Services or Third Party Services or any similar or related matter or that the Parties agree is of a technical nature (“Technical Dispute”) then such dispute shall be referred to the next scheduled meeting of the Parties or a meeting of the Parties expeditiously convened for this purpose
7.2 If such meeting cannot resolve a Technical Dispute to the satisfaction of both Parties then the dispute will be referred as a matter of urgency to an appropriately qualified senior manager or director of each Party
7.3 If such senior managers or directors cannot resolve a Technical Dispute within 21 days of the meeting referred to in clause 7.1 or such other period that they may agree then the Parties shall attempt to settle the dispute by mediation in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed upon is unable or unwilling between the Parties, the mediator will be nominated by CEDR. To initiate the mediation a Party must give notice in writing (an "ADR Notice") to act, either the other Party to the dispute requesting a mediation. A copy of the request shall within ten (10) be sent to CEDR Solve. The mediation will start not later than 10 Working Days from after the date of the proposal to appoint a MediatorADR Notice. If the matter has not been resolved by mediation within 30 days of the initiation of such procedure, or if a Party will not properly participate in the mediation procedure within ten (10) Working Days 5 days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days of request by the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriateother Party, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.77.4
b) 7.4 Non-technical disputes shall be referred as a matter of urgency to the managing directors of each Party and if they cannot resolve such dispute within 21 days of it being referred to them then the Contractor intends to commence court proceedings, it dispute shall serve written notice on be determined by the Authority of its intentions English Courts and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing Parties hereby submit to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fitexclusive jurisdiction of those courts for such purpose.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English law.
Appears in 9 contracts
Sources: Saas Agreement, Saas Agreement, Saas Agreement
Dispute Resolution. I 2.1 36.1. The Parties shall attempt in good faith to negotiate a settlement to of any dispute between them arising out of or in connection with the Contract this Framework Agreement within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute ultimately to the Commercial Director (or such other person as he may direct) of each PartyAuthority Representative and the Supplier Representative.
I 2.2 36.2. Nothing in this dispute resolution procedure Dispute Resolution Procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 36.3. The obligations of the Parties under this Framework Agreement shall not be suspended, cease or be delayed by the reference of a dispute to mediation or arbitration pursuant to this Clause 36 and the Supplier and Staff shall comply fully with the requirements of this Framework Agreement at all times.
36.4. If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 Clause 36.1, the Parties shall refer it to mediation pursuant to the procedure set out in clauseClause 36.5 unless the Authority considers that the dispute is not suitable for resolution by mediation.
I 2.4 The obligations of 36.5. If a dispute is referred to mediation the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as followsfollowing provisions:
a) 36.5.1. a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the PartiesParties or, or if they are unable to agree upon a Mediator mediator within ten (10) Working Days after a request by one Party to the other or if the Mediator mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, mediator or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider the Centre of Effective Dispute resolution (“CEDR”) to appoint a Mediator.mediator;
b) The 36.5.2. the Parties shall within ten (10) Working Days of the appointment of the Mediator mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider the CEDR to provide guidance on a suitable procedure.;
c) Unless 36.5.3. unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.;
d) If 36.5.4. if the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in reduced to writing and shall be binding on the Parties once it is signed with effect from its signature by their duly authorised representatives.;
e) Failing 36.5.5. failing agreement, either of the Parties may invite the Mediator mediator to provide a non-binding but informative written opinionopinion in writing. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract this Framework Agreement without the prior written consent of both Parties.; and
f) If 36.5.6. if the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to arbitration pursuant to Clause 36.6.
36.6. If a dispute cannot be resolved by the Courts Parties pursuant to Clause 36.5 the Parties shall refer it to arbitration pursuant to the procedure set out in Clause 36.7 unless the Authority considers that it is not suitable for resolution by arbitration.
36.7. If a dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until comply with the procedures set out in clauses I 2.1 and I 2.3 have been completed save thatfollowing provisions:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) 36.7.1. the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) ▇ and the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) LCIA procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to into this Framework Agreement (save that in the Contract event of any conflict between those rules and this Framework Agreement, this Framework Agreement shall prevail);
36.7.2. the decision of the arbitrator shall be binding on the Parties (in the absence of any material failure by the arbitrator to comply with such the LCIA procedural rules);
d) 36.7.3. the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if Parties and in the event that the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or Working Days or, if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;; and
f) 36.7.4. the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English lawLondon.
Appears in 9 contracts
Sources: Framework Agreement, Framework Agreement, Events Planning, Delivery and Related Services Framework Agreement
Dispute Resolution. I 2.1 The 25.1 Where any Dispute arises between the Parties in connection with this Agreement, the Parties shall attempt to resolve the Dispute in good faith faith. During the period of the Dispute, the Parties shall continue to negotiate comply with their respective obligations under this Agreement.
25.2 Where the Parties are unable to resolve the Dispute in good faith, the dispute may be escalated to the relevant Parties’ senior representatives (being a settlement senior executive of the relevant Party with sufficient authority to bind the relevant Party in any dispute between them arising out agreement reached in respect of or the Dispute) in connection with order to try and resolve the Contract Dispute. If the Parties’ senior representatives are unable to resolve the Dispute within twenty fifteen (2015) Working Days of either Party notifying referral, the other of the dispute and such efforts Dispute shall involve the escalation of the dispute ultimately be referred to the Commercial Director (or such other person as he may direct) of each Party.
I 2.2 Nothing mediation in this dispute accordance with clause 25.4, save for any Lead Authority Disputes which shall be referred to resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 25.3.
25.3 Where a Dispute is a Lead Authority Dispute then the following shall apply:
25.3.1 the Lead Authority shall notify an Alternate Lead Authority (whose identity is to be agreed between the Operator and the Lead Authority or where they cannot agree the identity of the Lead Authority as determined by TfW) in writing, asking for input. Such notice shall provide background information on the issue and reasons why the Lead Authority believes the Operator has not engaged in good faith;
25.3.2 upon receipt of such notice, the Alternate Lead Authority shall consider the information provided in the notice and shall promptly request any additional information from the Operator that may be required to consider the dispute;
25.3.3 upon receipt of such additional information from the Operator, the Alternate Lead Authority shall consider all responses within fifteen (15) Working Days. The Alternate Lead Authority shall notify both the Operator and the Lead Authority of its decision; and
25.3.4 in the event that the Alternate Lead Authority agrees that the Operator has not engaged in good faith, then the Lead Authority may suspend or reduce BES 2 Funding paid to the Operator in respect of the disputed service or services or seek compensation in accordance with Schedule 3; or
25.3.5 in the event that the Alternate Lead Authority agrees that the Operator has engaged in good faith, the BES 2 Funding paid to the Operator shall continue.
25.4 If the Parties are unable to resolve a Dispute within two (2) months, the Parties shall refer it attempt to settle the Dispute by mediation pursuant in accordance with the CEDR Model Mediation Procedure. Within ten (10) Working Days of service of referral to mediation, the mediator shall be nominated by CEDR. To initiate the mediation, one Party must serve notice in writing ("ADR Notice") to the procedure set out in clause
I 2.4 The obligations other Party(s) requesting mediation. A copy of the Parties under the Contract shall not cease, or ADR Notice should be suspended or delayed by the reference of a dispute sent to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement CEDR. Unless otherwise agreed between the Parties, or if they are unable to agree upon a Mediator the mediation shall start no later than ten (10) Working Days after the date of the ADR Notice.
25.5 If the Dispute is not resolved within ten (10) Working Days after a request by one service of the ADR Notice, any Party fails to participate or ceases to participate in the other or if mediation before the Mediator agreed upon is unable or unwilling to act, either Party shall within expiry of that ten (10) Working Days from the date of the proposal to appoint a MediatorDay period, or within the mediation terminates before the expiry of that ten (10) Working Days Day period, the Dispute shall be finally resolved by the courts of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a MediatorEngland and Wales.
b) 25.6 The Parties shall within ten (10) Working Days of may by written agreement, agree to vary the appointment of the Mediator meet with him time periods set out in order this clause 25 to agree resolve a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriateDispute.
25.7 Any decision, the Parties may at any stage seek assistance judgement or settlement resulting from a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected Dispute determined in accordance with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on the resolution of the dispute, the agreement clause 25 shall be recorded in writing writing, signed by all the Parties involved, and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of Parties. Where the Parties may invite have submitted the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred Dispute to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2of England and Wales, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator Courts of England and Wales shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English law.
Appears in 9 contracts
Sources: Bus Emergency Scheme Agreement, Bus Emergency Scheme Agreement, Bus Emergency Scheme Agreement
Dispute Resolution. I 2.1 I2.1 The Parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the Contract within twenty (20) 20 Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute ultimately to the Commercial Director finance director (or such other person as he may directequivalent) of each Party.
I 2.2 I2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 I2.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 I2.1 the Parties shall refer it to mediation pursuant to the procedure set out in clauseclause I2.5 unless (a) the Client considers that the dispute is not suitable for resolution by mediation; or (b) the Contractor does not agree to mediation.
I 2.4 I2.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its the Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 I2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
(a) a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the PartiesParties or, or if they are unable to agree upon a Mediator within ten (10) 10 Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) 10 Working Days from the date of the proposal to appoint a Mediator, Mediator or within ten (10) 10 Working Days of notice to either Party that he is unable or unwilling to act, apply to a [the Centre for Effective Dispute Resolution or other mediation provider provider] to appoint a Mediator.
(b) The Parties shall within ten (10) 10 Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a [the Centre for Effective Dispute Resolution or other mediation provider provider] to provide guidance on a suitable procedure.
(c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
(d) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
(e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
(f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) 60 Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts [unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6I2.6.
I 2.6 I2.6 Subject to clause I 2.2I2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 I2.1 and I 2.3 I2.3 have been completed save that:
(a) the Authority Client may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7I2.7.
(b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority Client of its intentions and the Authority Client shall have twenty one (21) 21 days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7I2.7.
(c) the Contractor may request by notice in writing to the Authority Client that any dispute be referred and resolved by arbitration in accordance with clause I 2.7I2.7, to which the Authority Client may consent as it sees fit.
I 2.7 I2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6I2.6:
(a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇Act 1996;
(b) the Authority Client shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“”) stating:
(i) that the dispute is referred to arbitration; and
(ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English law.
Appears in 8 contracts
Sources: Executive Coaching Services Agreement, Contract Agreement, Research Agreement
Dispute Resolution. I 2.1 43.1 The Supplier shall ensure that it puts in place and maintains throughout the Term clearly defined policies and procedures (including escalation procedures) for dealing with Complaints raised by Contracting Bodies. Copies of such policies and procedures shall be promptly provided to the Authority upon request. The Supplier's implementation of its complaints procedures may be monitored by the Authority to ensure an effective and timely response to each Complaint raised by a Contracting Body. The Supplier shall ensure that the progress of each Complaint is checked and followed up to ensure satisfactory resolution, as confirmed by the Contracting Body's representative.
43.2 The Parties shall attempt in good faith to negotiate a settlement to of any dispute between them arising out of or in connection with the Contract this Framework Agreement within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute ultimately to the Commercial Director (or such other person as he may direct) of each PartyAuthority Representative and the Supplier Representative.
I 2.2 43.3 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 43.4 The obligations of the Parties under this Framework Agreement shall not be suspended, cease or be delayed by the reference of a dispute to mediation or arbitration pursuant to this Clause 43 and the Supplier and its employees, personnel and associates shall comply fully with the requirements of this Framework Agreement at all times.
43.5 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 Clause 43.2 above, the Parties shall refer it to mediation pursuant to the procedure set out in clauseClause 43.6 below unless the Authority considers that the dispute is not suitable for resolution by mediation.
I 2.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference of 43.6 If a dispute is referred to mediation (or arbitration) and the Contractor and its Staff parties shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as followsfollowing provisions:
a) 43.6.1 a neutral adviser or mediator ("the “Mediator”") shall be chosen by agreement between the PartiesParties or, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, Mediator or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider the CEDR to appoint a Mediator.;
b) The 43.6.2 the Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider the CEDR to provide guidance on a suitable procedure.;
c) Unless 43.6.3 unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.;
d) If 43.6.4 if the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in reduced to writing and shall be binding on the Parties once it is signed with effect from its signature by their duly authorised representatives.;
e) Failing 43.6.5 failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinionopinion in writing. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract this Framework Agreement without the prior written consent of both Parties.; and
f) If 43.6.6 if the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to arbitration pursuant to Clause 43.7 below.
43.7 If a dispute cannot be resolved by the Courts Parties pursuant to Clause 43.6 above the Parties shall refer it to arbitration pursuant to the procedure set out in Clause 43.8 unless the Authority considers that it is not suitable for resolution by arbitration.
43.8 If a dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until comply with the procedures set out in clauses I 2.1 and I 2.3 have been completed save thatfollowing provisions:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) 43.8.1 the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) ▇ and the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) LCIA procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to into this Framework Agreement (save that in the Contract event of any conflict between those rules and this Framework Agreement, this Framework Agreement shall prevail);
43.8.2 the decision of the arbitrator shall be binding on the Parties (in the absence of any material failure by the arbitrator to comply with such the LCIA procedural rules);
d) 43.8.3 the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if Parties and in the event that the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or 10 Working Days or, if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;; and
f) 43.8.4 the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English lawLondon.
Appears in 8 contracts
Sources: Goods and Services Framework Agreement, Goods and Services Framework Agreement, Goods and Services Framework Agreement
Dispute Resolution. I 2.1 43.1 The Parties shall attempt in good faith to negotiate a settlement to of any dispute between them arising out of or in connection with the Contract this Framework Agreement within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute ultimately to the Commercial Director (or such other person as he may direct) of each PartyAuthority Representative and the Supplier Representative.
I 2.2 43.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 43.3 The obligations of the Parties under this Framework Agreement shall not be suspended, cease or be delayed by the reference of a dispute to mediation or arbitration pursuant to this Clause 43 and the Supplier and Supplier Staff, personnel and associates shall comply fully with the requirements of this Framework Agreement at all times.
43.4 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 Clause 43.1, the Parties shall refer it to mediation pursuant to the procedure set out in clauseClause 43.5 unless the Authority considers that the dispute is not suitable for resolution by mediation.
I 2.4 The obligations of 43.5 If a dispute is referred to mediation the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as followsfollowing provisions:
a) 43.5.1 a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the PartiesParties or, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, Mediator or within ten (10) Working Days of notice to either Party that he the Mediator is unable or unwilling to act, apply to a mediation provider the CEDR to appoint a Mediator.;
b) The 43.5.2 the Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider the CEDR to provide guidance on a suitable procedure.;
c) Unless 43.5.3 unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.;
d) If 43.5.4 if the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in reduced to writing and shall be binding on the Parties once it is signed with effect from its signature by their duly authorised representatives.;
e) Failing agreement43.5.5 if the Parties fail to reach an agreement on the resolution of the dispute, either of the Parties may invite the Mediator to provide a non-binding but informative written opinionopinion in writing. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract this Framework Agreement without the prior written consent of both Parties.; and
f) If 43.5.6 if the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to arbitration pursuant to Clause 43.6.
43.6 If a dispute cannot be resolved by the Courts Parties pursuant to Clause 43.5 the Parties shall refer it to arbitration pursuant to the procedure set out in Clause 43.5 unless the Authority considers that it is not suitable for resolution by arbitration.
43.7 If a dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until comply with the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:following provisions;
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) 43.7.1 the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) Act 1996 and the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) LCIA procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to into this Framework Agreement (save that in the Contract event of any conflict between those rules and this Framework Agreement, this Framework Agreement shall prevail);
43.7.2 the decision of the arbitrator shall be binding on the Parties (in the absence of any material failure by the arbitrator to comply with such the LCIA procedural rules);
d) 43.7.3 the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if Parties and in the event that the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or Working Days or, if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;; and
f) 43.7.4 the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English lawLondon.
Appears in 8 contracts
Sources: Framework Agreement, Framework Agreement, Framework Agreement
Dispute Resolution. I 2.1 The Parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute and such dispute. Such efforts shall involve the escalation of the dispute ultimately to the Commercial Director commercial director (or equivalent) (or such other person as he may direct) of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant to the procedure set out in clauseclause I 2.5 unless (a) the Authority considers that the dispute is not suitable for resolution by mediation; or (b) the Contractor does not agree to mediation.
I 2.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the Parties, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6Courts.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English law.
Appears in 8 contracts
Sources: Contract for Employment Support Services, Contract for the Provision of Services Funded by the European Social Fund, Contract for the Provision of Services Funded by the European Social Fund
Dispute Resolution. I 2.1 The Parties shall attempt in good faith to negotiate A Party claiming that a settlement to any dispute between them arising out of or in connection with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute ultimately to the Commercial Director (or such other person as he may direct) of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining Dispute has arisen must promptly give the other Party from doing a Dispute Notice. A Party must not commence any act court proceedings in relation to a Dispute, except proceedings for urgent interlocutory relief, unless it has complied with this Clause 15 in relation to that Dispute. Despite the existence of a Dispute, the Parties must continue to perform their obligations under this Contract. This Clause 15 does not limit or compelling otherwise affect our rights, which includes all of our rights under, this Contract, including our right to terminate it. If a Party gives a Dispute Notice under this Clause 15, it is open to either Party to give a Notice of any other issue or dispute connected with the initial Dispute, and all other issues or disputes raised shall be deemed to have been included in the initial Dispute Notice. If a Dispute Notice has been given by a Party and that Dispute is the subject of the Dispute resolution process under this Clause 15, neither Party may give a further Dispute Notice which commences a new Dispute resolution process for that Dispute without the consent of the other Party. A Party seeking to give a further Dispute Notice or Dispute Notices must provide evidence to the other Party as to do any act.
I 2.3 If why the dispute new issues that it wishes to raise cannot be resolved managed as part of resolving the current Dispute, and that the Dispute which warrants the giving of a further Dispute Notice is clearly distinguished from, or does not arise as a result of, the Dispute resolution process that was commenced by the Parties pursuant to clause I 2.1 initial Dispute Notice. If a Party gives a Dispute Notice, the Parties shall must seek to resolve that Dispute through good faith negotiations. If the Parties are unable to settle a Dispute within seven days of one Party giving a Dispute Notice to the other Party, each Party must appoint a representative with authority to settle the Dispute. The appointed representatives must meet within a further seven days to attempt to settle the Dispute. If the representatives are unable to resolve the Dispute within seven days of first meeting, the Dispute must be referred within 14 days after their meeting to: in our case – the Executive Director or the Deputy Secretary, or their delegate; and in your case – your CEO. Our representative and your CEO must meet with each other to seek to resolve the Dispute within seven days after the end of the referral period under Clause 15.9. If the Dispute is not resolved within seven days of the first meeting of our representative and your CEO, we may refer it the Dispute to mediation pursuant administered by the ADC according to its mediation guidelines. If we refer a Dispute to mediation: the procedure set out mediation will be conducted in clause
I 2.4 The obligations accordance with the ADC's Guidelines for Commercial Mediation operating at the time the Dispute is referred to ADC; the Parties must (unless they agree otherwise) conduct the mediation within 14 days of the Parties under mediator being appointed; each Party will pay its own costs of attending and participating in the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) mediation; and the Contractor and its Staff shall comply fully with the requirements cost of the Contract at all times.
I 2.5 The procedure for mediation ADC and consequential provisions relating to mediation are as follows:
a) a neutral adviser or the appointed mediator (the “Mediator”) shall will be chosen by agreement shared equally between the Parties, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to . We may notify the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date Minister of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be heldany Dispute. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings we refer the Dispute to mediation and the Parties are commenced pursuant unable to clause I 2.6:
a) resolve the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration Dispute in accordance with I 2.7 (b) shall be applied and are deemed Clause 15.12, or the Dispute is not referred to be incorporated by reference mediation, then we may refer the Dispute to the Contract Secretary or the Secretary's nominee for determination. A decision made under a referral in accordance with this Clause 15.14 will be final and the decision of the arbitrator shall be binding on the Parties in the absence both Parties. This Clause 15 does not apply to a Dispute arising under Clause 11 or Clause 17 or Clause 11 of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English lawSchedule 1.
Appears in 7 contracts
Sources: Vet Funding Contract, Vet Funding Contract, Vet Funding Contract
Dispute Resolution. I 2.1 44.1 The Parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute and dispute, such efforts shall involve the escalation of the dispute ultimately to the Commercial Director of Procurement (or such other person as he may directequivalent) of each Party.
I 2.2 44.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of the competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 44.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 44.1 the Parties dispute shall refer it be referred to mediation pursuant to the procedure set out in clauseclause 44.5 unless the Parties agree that the dispute is not suitable for resolution by mediation.
I 2.4 44.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff the Contractor’s Personnel shall comply fully with the requirements of the Contract at all times.
I 2.5 44.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) 44.5.1 a neutral adviser or mediator ("the “Mediator”") shall be chosen by agreement between the PartiesParties or, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, Mediator or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider the Centre for Effective Dispute Resolution to appoint a Mediator.
b) The 44.5.2 the Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a the Centre for Effective Dispute Resolution or other mediation provider to provide guidance on a suitable procedure.
c) Unless 44.5.3 unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If 44.5.4 if the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in reduced to writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing 44.5.5 failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If 44.5.6 if the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.644.6.
I 2.6 44.6 Subject to clause I 2.244.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 44.1, 44.3 and I 2.3 44.5 have been completed save that:
a) the 44.6.1 The Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.744.7.
b) if 44.6.2 If the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty twenty-one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with the provisions of clause I 2.744.7.
c) the 44.6.3 The Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with the provisions of clause I 2.744.7, to which the Authority may consent as it sees fit.
I 2.7 44.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.644.6:
a) 44.7.1 the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) 44.7.2 the Authority shall give a written notice of arbitration to the Contractor ("the “Arbitration Notice“") stating:
i) 44.7.2.1 that the dispute is referred to arbitration; and
ii) 44.7.2.2 providing details of the issues to be resolved;
c) 44.7.3 the London Court of International Arbitration (“"LCIA”") procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) clause 44.7.2 shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) 44.7.4 the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) 44.7.5 if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) 44.7.2 or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) 44.7.6 the arbitration proceedings shall take place in London and in the English language; and
g) 44.7.7 the arbitration proceedings shall be governed by, and interpreted in accordance with, English law.. In these Conditions:
Appears in 7 contracts
Sources: Contract for the Provision of Language Services, Purchasing Framework Agreement, Commercial Agreement
Dispute Resolution. I 2.1 The Parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute ultimately to the Commercial Director (or such other person as he may direct) level of representative of each Party.
I 2.2 Party specified in the Letter of Appointment. Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 . If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 Clause 23.2.1, the Parties shall refer it to mediation pursuant to the procedure set out in clause
I 2.4 Clause 23.2.5 unless: the Client considers that the dispute is not suitable for resolution by mediation; or the Solicitor does not agree to mediation. The obligations of the Parties under the Contract shall not ceasebe suspended, cease or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor Solicitor and its the Solicitor’s Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 . The procedure for mediation and consequential provisions relating to mediation are is as follows:
a) : a neutral adviser or mediator (the “Contract Mediator”") shall be chosen by agreement between the PartiesParties or, or if they are unable to agree upon a Contract Mediator within ten (10) Working Days after a request by one Party to the other or if the Contract Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, Contract Mediator or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider the CEDR to appoint a Contract Mediator.
b) The ; the Parties shall within ten (10) Working Days of the appointment of the Contract Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider the CEDR to provide guidance on a suitable procedure.
c) Unless ; unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If ; if the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in reduced to writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing ; failing agreement, either of the Parties may invite the Contract Mediator to provide a non-binding but informative written opinionopinion in writing. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If ; and if the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Contract Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6courts.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English law.
Appears in 7 contracts
Sources: Contract for the Provision of Legal Services, Contract for the Provision of Legal Services, Contract for the Provision of Legal Services
Dispute Resolution. I 2.1 36.1. The Parties shall attempt in good faith to negotiate a settlement to of any dispute between them arising out of or in connection with the Contract this Framework Agreement within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute ultimately to the Commercial Director (or such other person as he may direct) of each PartyAuthority Representative and the Supplier Representative.
I 2.2 36.2. Nothing in this dispute resolution procedure Dispute Resolution Procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 36.3. The obligations of the Parties under this Framework Agreement shall not be suspended, cease or be delayed by the reference of a dispute to mediation or arbitration pursuant to this Clause 36 and the Supplier and Staff shall comply fully with the requirements of this Framework Agreement at all times.
36.4. If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 Clause 36.1, the Parties shall refer it to mediation pursuant to the procedure set out in clauseClause 36.5 unless the Authority considers that the dispute is not suitable for resolution by mediation.
I 2.4 The obligations of 36.5. If a dispute is referred to mediation the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as followsfollowing provisions:
a) 36.5.1. a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the PartiesParties or, or if they are unable to agree upon a Mediator mediator within ten (10) Working Days after a request by one Party to the other or if the Mediator mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, mediator or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider the Centre of Effective Dispute resolution (“CEDR”) to appoint a Mediator.mediator;
b) The 36.5.2. the Parties shall within ten (10) Working Days of the appointment of the Mediator mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider the CEDR to provide guidance on a suitable procedure.;
c) Unless 36.5.3. unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.;
d) If 36.5.4. if the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in reduced to writing and shall be binding on the Parties once it is signed with effect from its signature by their duly authorised representatives.;
e) Failing 36.5.5. failing agreement, either of the Parties may invite the Mediator mediator to provide a non-binding but informative written opinionopinion in writing. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract this Framework Agreement without the prior written consent of both Parties.; and
f) If 36.5.6. if the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to arbitration pursuant to Clause 36.6.
36.6. If a dispute cannot be resolved by the Courts Parties pursuant to Clause 36.5 the Parties shall refer it to arbitration pursuant to the procedure set out in Clause 36.7 unless the Authority considers that it is not suitable for resolution by arbitration.
36.7. If a dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until comply with the procedures set out in clauses I 2.1 and I 2.3 have been completed save thatfollowing provisions:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) 36.7.1. the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) Act 1996 and the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) LCIA procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to into this Framework Agreement (save that in the Contract event of any conflict between those rules and this Framework Agreement, this Framework Agreement shall prevail);
36.7.2. the decision of the arbitrator shall be binding on the Parties (in the absence of any material failure by the arbitrator to comply with such the LCIA procedural rules);
d) 36.7.3. the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if Parties and in the event that the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or Working Days or, if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;; and
f) 36.7.4. the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English lawLondon.
Appears in 7 contracts
Sources: Framework Agreement, Framework Agreement, Framework Agreement
Dispute Resolution. I 2.1 20.1 The Parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the Contract within twenty (20) Working Days Agreement. In the event of either Party notifying the other of the any dispute and such efforts shall involve the escalation of the dispute ultimately arising between them, whether as to the Commercial Director construction or application of this Agreement or as to any issue arising under or in connection with it, the Parties shall take all reasonable steps to reach an amicable and timely solution through dialogue and negotiation between their respective representatives on the Management Board.
20.2 In the event that the Management Board is unable to reach agreement within sixty (60} days (or such other person period as he the Management Board may directunanimously agree, in the circumstances of the particular case) of the dispute first being notified of the dispute, the Management Board may agree to:
(a) escalate resolution to the respective Chief Executives of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent of the Parties, or such other senior officers of the Parties from seeking from any court as the respective Chief Executives may nominate; or
(b) refer the matter to external mediation, the costs of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 If the dispute cannot which shall be resolved borne by the Parties in equal shares. Alternatively, such a reference may be made in the event that escalation pursuant to clause I 2.1 20.2(b) fails to achieve resolution within sixty (60) days of the Parties shall refer it matter first being notified to the respective Chief Executives or their respective nominees.
20.3 In respect of any reference to mediation pursuant to clause 20.2(b):
(a) the procedure set out in clause
I 2.4 The obligations performance of the Parties under the Contract Agreement shall not ceasebe suspended, cease or be suspended or delayed by the any reference of a dispute to mediation mediation;
(or arbitrationb) and if the Contractor and its Staff shall comply fully with Parties cannot agree on the requirements choice of mediator within fourteen (14) days of the Contract at all times.
I 2.5 The procedure decision to refer, they shall apply for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or such mediator (the “Mediator”) shall be chosen by agreement between the Parties, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted appointed by the Centre for negotiations to be held. If Effective Dispute Resolution ("CEDR");
(c) if considered appropriate, the Parties may at any stage seek assistance from a mediation provider CEDR to provide guidance on a suitable procedureprocedure for the conduct of any mediation.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
(d) If the Parties reach if mediation produces agreement on the resolution of the dispute, the agreement shall be recorded in reduced to writing and shall be binding on the Parties once it is signed by their duly authorised representatives.; and
(e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If if the Parties fail to reach agreement in the structured negotiations through mediation within sixty (60) Working Days days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless or, by agreement between the dispute is referred Parties, to arbitration pursuant to the procedures set out in clause I 2.6binding arbitration.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) 20.4 No legal or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed byinstituted by any Party until the procedures in clauses 20.1 and (where instituted) clause 20.2 have been completed, but nothing in this clause 20 shall prevent the Parties from seeking from any court of the competent jurisdiction an interim order restraining another Party from doing any act or compelling another Party to do any act where it apprehends reasonably and interpreted in accordance withgood faith that such an interim order shall be necessary to avoid material damage to its reputation or business, English lawor to avoid breach of its legal obligations, or to preserve any rights of action it may have.
Appears in 7 contracts
Sources: Shared Service Agreement, Shared Service Agreement, Shared Service Agreement
Dispute Resolution. I 2.1 The Parties shall attempt in good faith to negotiate 17.1 In the event of a settlement to any dispute between them arising out of or the Partners in connection with this Agreement, the Contract matter shall be referred to the Director of Social Services for CCBC, DCC, FCC, GC, IOAC, WCBC and the Chief Operating Officer for the Health Board (or equivalent post holders) who shall use their best endeavours to resolve the dispute.
17.2 In the event that the dispute remains unresolved having followed the procedure in Clause
17.1 the matter shall be referred in writing by any Partner or Partners to the Chief Executives (or equivalent) of the Partners who shall endeavour to settle the dispute between them.
17.3 If the Chief Executives fail to resolve the dispute within twenty (20) Working Days of either Party notifying the other working days of the dispute and such efforts shall involve the escalation of having been referred to them, the dispute ultimately to the Commercial Director (or such other person as he may direct) of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it referred to mediation pursuant to the procedure set out in clauseclause 17.5.
I 2.4 17.4 The obligations performance of the Parties under the Contract Agreement shall not ceasebe suspended, cease or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff Partners shall comply fully with the requirements of the Contract Agreement at all times.
I 2.5 17.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a(i) a A neutral adviser or mediator (“the “Mediator”) shall be chosen by agreement between the PartiesPartners, or or, if they are unable to agree upon a Mediator within ten (10) 10 Working Days after a request by one Party Partner to the other Partners or if the Mediator agreed upon is unable or unwilling to act, either Party any of the Partners shall within ten (10) 10 Working Days from the date of the proposal to appoint a Mediator, Mediator or within ten (10) 10 Working Days of notice to either Party the other Partners that he is unable or unwilling to act, apply to a mediation provider the Centre for Effective Dispute Resolution (“CEDR”) to appoint a Mediator.
b(ii) The Parties Partners shall within ten (10) 10 Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties Partners may at any stage seek assistance from a mediation provider CEDR to provide guidance on a suitable procedure.
c(iii) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties Partners in any future proceedings.
d(iv) If the Parties Partners reach agreement on the resolution of the dispute, the agreement shall be recorded in reduced to writing and shall be binding on the Parties Partners once it is signed by their duly authorised representatives.
e(v) Failing agreement, either any of the Parties Partners may invite the Mediator to provide a non-binding but informative written opinionopinion in writing. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract Agreement without the prior written consent of both Partiesthe Partners.
f(vi) If the Parties Partners fail to reach agreement in the structured negotiations within sixty (60) 60 Working Days of the Mediator being appointed, or such longer period as may be agreed by the PartiesPartners, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6Courts.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English law.
Appears in 6 contracts
Sources: Partnership Agreement, Partnership Agreement, Partnership Agreement
Dispute Resolution. I 2.1 22.1 The Parties shall attempt Councils undertake and agree to pursue a positive approach towards dispute resolution which seeks in good faith the context of this joint working arrangement to negotiate identify a settlement solution at the lowest operational level that is appropriate to the subject of the dispute and which avoids legal proceedings and maintains a strong working relationship between the parties.
22.2 Any dispute arising in relation to any aspect of this Agreement shall be resolved in accordance with either Option A or Option B of this clause 22. This is without prejudice to the right of any Council under section 103 of the Local Government Act 1972 to refer a dispute about the expenses of a joint committee to be determined by a single arbitrator agreed by the appointing authorities or, in the absence of agreement to be determined by the Welsh Ministers. Option A:
22.3 All disputes, claims or differences between them the Councils arising out of or in connection with this Agreement or its subject matter or formation, including any question regarding its existence, validity or termination, (a “Dispute”) shall, at the Contract written request of any Council, be referred by each Council to its Chief Executive officer.
22.4 If the Councils’ Chief Executive officers do not agree a resolution of the Dispute within twenty (20) Working Business Days of the date of service of any such request, either Party notifying party may require the other party by notice in writing to attempt to settle the Dispute by mediation in accordance with the Centre for Dispute Resolution (CEDR) Model Mediation Procedure. Within five Business Days of the dispute date of service of such notice the parties shall each propose a mediator and such efforts shall involve seek to agree as to the escalation selection of a mediator.
22.5 If the Councils are unable to agree on a mediator within ten Business Days of date of service of the dispute ultimately notice referred to in clause 22.4 or the Commercial Director (mediator agreed upon is unable or such other person unwilling to act and the Councils cannot agree upon a substitute, any of the Councils may apply to CEDR to appoint a mediator as he may direct) of each Partysoon as practicable.
I 2.2 Nothing in this dispute resolution procedure 22.6 The Councils shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant to the procedure set out in clause
I 2.4 The obligations within five Business Days of the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements appointment of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the Parties, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other or if meet with the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all any relevant information and the structure to be adopted for negotiations to be heldthe negotiations. If considered appropriate, the Parties Councils may at any stage seek assistance from a mediation provider CEDR to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all 22.7 All negotiations connected with the dispute and any settlement agreement relating to it Dispute shall be conducted in strict confidence and without prejudice to the rights of the Parties Councils in any future proceedings.
d) 22.8 If the Parties Councils reach agreement on the resolution of the disputeDispute, the such agreement shall be recorded in reduced to writing and shall be binding on the Parties and, once it is signed by the Councils or their duly authorised representatives, shall be and remain binding upon the parties.
e) Failing agreement, either 22.9 The costs and expenses of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion mediation shall be provided on a without prejudice basis borne equally by the Councils. Each Council shall bear its own costs and shall not be used expenses of its participation in evidence in any proceedings relating to the Contract without the prior written consent of both Partiesmediation.
f) 22.10 If the Parties fail mediation fails to reach agreement in the structured negotiations secure a resolution within sixty (60) Working ten Business Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred Councils shall attempt to settle the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved Dispute by arbitration in accordance with clause I 2.7
b) if under the Contractor intends to commence court proceedings, it shall serve written notice on the Authority Rules of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and which Rules are deemed to be incorporated by reference into this clause) and otherwise in accordance with clause 22.11.
22.11 In the event that an arbitration is commenced pursuant to clause 22.10, the Contract and parties agree that:
(a) the tribunal shall consist of one arbitrator who is to be a chartered accountant who is a full member of one of the CCAB bodies if the dispute relates to a financial matter or a solicitor of at least ten years standing as a qualified solicitor if the dispute relates to any other matter;
(b) the place of the arbitration shall be Swansea;
(c) the decision of the arbitrator shall be final and binding on the Parties parties (save in the case of manifest error).
22.12 In the event that an arbitration is commenced pursuant to clause 22.10 the Joint Committee shall notify the Welsh Government. Option B
22.13 All disputes, claims or differences between the Councils arising out of or in connection with this Agreement or its subject matter or formation, including any question regarding its existence, validity or termination shall, at the written request of any Council be referred to:
(a) such chartered accountant who is a full member of one of the CCAB bodies if the dispute relates to a financial matter or a solicitor of at least ten years standing as a qualified solicitor if the dispute relates to any other matter as the Councils may agree in writing; or
(b) failing agreement on the identity of the chartered accountant for a dispute relating to a financial matter or the solicitor for a dispute relating to any other matter within seven days of the date of service of the request, such chartered accountant as may be appointed for this purpose on the application of any Council by the President for the time being of one of the CCAB bodies if the dispute relates to a financial matter or such solicitor as may be appointed by the President for the time being of the Law Society of England and Wales if the dispute relates to any other matter.
22.14 The chartered accountant or solicitor appointed under clause 22 (the “Expert”) shall act on the following basis:
(a) he shall act as expert and not as arbitrator;
(b) his terms of reference shall be to determine the matter in dispute, as notified to him in writing by either party within thirty days of his appointment;
(c) the Councils shall each provide the Expert with all information which he reasonably requires and the Expert shall be entitled (to the extent he considers it appropriate) to base his opinion on such information;
(d) the Expert’s determination shall (in the absence of any material failure to comply with such rules;
dmanifest error) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English languageconclusive; and
g(e) the arbitration proceedings Experts’ costs shall be governed byborne in such proportions as the Expert may direct or, and interpreted in accordance withfailing any such direction, English lawshall be borne equally between the Councils unless agreed otherwise by the Councils.
Appears in 6 contracts
Sources: Joint Committee Agreement, Agreement for the Establishment of a Joint Committee, Agreement for the Establishment of a Joint Committee
Dispute Resolution. I 2.1 23.2.1 The Parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute ultimately to the Commercial Director (or such other person as he may direct) level of representative of each PartyParty specified in the Letter of Appointment.
I 2.2 23.2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 23.2.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 Clause 23.2.1, the Parties shall refer it to mediation pursuant to the procedure set out in clauseClause 23.2.5 unless:
I 2.4 23.2.3.1 the Client considers that the dispute is not suitable for resolution by mediation; or
23.2.3.2 the Solicitor does not agree to mediation.
23.2.4 The obligations of the Parties under the Contract shall not ceasebe suspended, cease or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor Solicitor and its the Solicitor’s Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 23.2.5 The procedure for mediation and consequential provisions relating to mediation are is as follows:
a) 23.2.5.1 a neutral adviser or mediator (the “Contract Mediator”") shall be chosen by agreement between the PartiesParties or, or if they are unable to agree upon a Contract Mediator within ten (10) Working Days after a request by one Party to the other or if the Contract Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, Contract Mediator or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider the CEDR to appoint a Contract Mediator.;
b) The 23.2.5.2 the Parties shall within ten (10) Working Days of the appointment of the Contract Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider the CEDR to provide guidance on a suitable procedure.;
c) Unless 23.2.5.3 unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.;
d) If 23.2.5.4 if the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in reduced to writing and shall be binding on the Parties once it is signed by their duly authorised representatives.;
e) Failing 23.2.5.5 failing agreement, either of the Parties may invite the Contract Mediator to provide a non-binding but informative written opinionopinion in writing. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.; and
f) If 23.2.5.6 if the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Contract Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6courts.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English law.
Appears in 6 contracts
Sources: Letter of Appointment, Letter of Appointment, Letter of Appointment
Dispute Resolution. I 2.1 The Parties shall attempt in good faith to negotiate 24.1 In the event of a settlement to any dispute between them arising out of or in connection with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts this Agreement, it shall involve the escalation of the dispute ultimately be resolved pursuant to the Commercial Director (or such other person as he may direct) of each Partythis Clause 24.
I 2.2 24.2 Nothing in this dispute resolution procedure shall prevent the Parties a Party from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 24.3 The Parties shall each use reasonable endeavours to resolve any dispute by means of a prompt and bona fide discussion between the Authorised Representatives.
24.4 In the event that a dispute is not resolved within five Working Days of any discussion between the Authorised Representatives in accordance with Clause 24.3, it shall be referred to the PCC’s Chief Executive and the Beneficiary’s Chief Executive, or equivalent, to resolve.
24.5 If the dispute canis not be resolved by within 10 Working Days of escalation of the Parties pursuant to clause I 2.1 dispute in accordance with Clause 24.4, the Parties shall refer it to mediation pursuant to the procedure set out in clauseClause 24.7 unless either Party does not agree to mediation.
I 2.4 24.6 The obligations of the Parties under the Contract this Agreement shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor each Party, its contractors and its Staff their officers, employees and agents shall comply fully with the requirements of the Contract this Agreement at all times.
I 2.5 24.7 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a 24.7.1 A neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the PartiesParties or, or if they are unable to agree upon a Mediator within ten (10) 10 Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) 10 Working Days from the date of the proposal to appoint a Mediator, Mediator or within ten (10) 10 Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider the Centre for Effective Dispute Resolution to appoint a Mediator.
b) 24.7.2 The Parties shall within ten (10) 10 Working Days of the appointment of the Mediator meet with him the Mediator in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider the Centre for Effective Dispute Resolution to provide guidance on a suitable procedure.
c) 24.7.3 Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) 24.7.4 If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representativesAuthorised Representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) 24.7.5 If the Parties fail to reach agreement in the structured negotiations within sixty (60) 60 Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6Courts.
I 2.6 24.8 Subject to clause I 2.2Clause 24.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 Clauses 24.3, 24.4 and I 2.3 24.5 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fitcompleted.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English law.
Appears in 6 contracts
Sources: Funding Agreement, Funding Agreement, Funding Agreement
Dispute Resolution. I 2.1 The 19.1 This Clause 19 shall not apply to any undisputed unpaid Fees which, for the avoidance of any doubt, shall be deemed to be a material breach and shall be dealt with under Clause 6.8 or Clause 7.2.(a), at Company’s sole discretion.
19.2 If a dispute arises between Customer and Company in relation to any other matter the representatives for each Party to the applicable Statement of Work shall, in the first instance attempt to agree a resolution for such dispute. If after 30 consecutive days (or such other time as the Parties may agree in writing) such representatives, each acting reasonably, are unable to resolve the dispute, Customer and Company shall attempt arrange for a senior representative to attend one or more meeting solely in order to resolve the matter in dispute. Such meetings shall be conducted in such manner and at such venue (including a meeting conducted over the telephone) as to promote a consensual resolution of the dispute in question and each Party shall act in good faith faith.
19.3 If the senior representatives are unable to negotiate a settlement resolve the matter in question within 30 consecutive days (or such other time as the Parties may agree in writing) then the Parties will attempt to any dispute between them arising out of or settle it by mediation in connection accordance with the Contract within twenty Centre for Effective Dispute Resolution (20"CEDR") Working Days of Model Mediation Procedure or any other model mediation procedure as agreed between the Parties. To initiate a mediation either Party notifying may give notice in writing (a "Mediation Notice") to the other requesting mediation of the dispute and shall send a copy thereof to CEDR or agreed equivalent mediation organisation asking them to nominate a mediator. The mediation shall commence within 28 consecutive days of the Mediation Notice being served. Neither of the Parties will terminate such efforts shall involve mediation until each has made its opening presentation and the escalation mediator has met each of them separately for at least one hour. Thereafter paragraph 14 of the Model Mediation Procedure will apply (or the equivalent paragraph of the other agreed model mediation procedure). Neither Party will commence legal proceedings against the other until 30 consecutive days after such mediation of the dispute ultimately in question has failed to resolve the Commercial Director (or dispute. Each Party will co- operate with any person appointed as mediator providing him with such information and other person assistance as he may direct) shall require and will pay his costs, as he shall determine or, in the absence of each Partysuch determination, such costs will be shared equally.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant to the procedure set out in clause
I 2.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the Parties, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 19.4 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration not resolved in accordance with I 2.7 (b) shall Clauses 19.2 or 19.3, the dispute may be applied and are deemed to be incorporated referred by reference either Party to the Contract English courts and the decision of Parties submit to the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English lawnon-exclusive jurisdiction for that purpose.
Appears in 6 contracts
Sources: Master Services Agreement, Master Services Agreement, Master Services Agreement
Dispute Resolution. I 2.1 The Notwithstanding anything to the contrary herein, the following procedures shall be used exclusively by the Parties to resolve any dispute under this Agreement (“Dispute”):
(a) A meeting shall be held between the Parties within ten (10) days after any Party gives written notice of the Dispute to the other Party (the “Dispute Notice”), which meeting shall be attended by a representative of each Party having decision-making authority regarding the Dispute (subject to board of directors or equivalent approval, if required) to attempt in good faith to negotiate a settlement resolution of the Dispute.
(b) If, within thirty (30) days after delivery of the Dispute Notice, the Parties have not succeeded in negotiating a written resolution of the Dispute, upon written request by any Party to the other Party, all Parties will promptly negotiate in good faith to jointly appoint a mutually acceptable neutral person not affiliated with any dispute between them arising out of or other parties (the “Neutral”). The Parties shall seek assistance in connection with the Contract within twenty (20) Working Days of either Party notifying the other appointment of the dispute and such efforts shall involve Neutral from the escalation of American Arbitration Association or the dispute ultimately to the Commercial Director (or such other person as he may direct) of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant to the procedure set out in clause
I 2.4 The obligations of the Parties under the Contract shall not ceaseCenter for Public Resources, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the Parties, or if they are have been unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator Neutral within ten (10) days after one Party requests the appointment of a Neutral. The fees and cost of the Arbitration Notice being issued Neutral and of any such assistance shall be shared equally between the Parties.
(c) The Neutral appointed shall have a background in the management and operation of hotel facilities or commercial real estate projects, and the Neutral appointed may be rejected by the Authority under clause I 2.7 Parties only for reasons of bias.
(bd) The Neutral shall have forty-five (45) days from the time of his or if her appointment to meet with the person appointed is unable or unwilling parties and help them resolve the Dispute, unless the Parties mutually consent to actan extension of this deadline. The cost of this negotiating session, the arbitrator including fees and expenses, shall be appointed borne equally by the LCIA;Parties.
f(e) The Parties agree to participate in good faith in a negotiating session(s) with the arbitration proceedings Neutral; provided, however, no Party shall take place in London and be obligated to continue to participate in the English language; and
gnegotiation session after such forty-fifth (45th) day. If the arbitration proceedings Parties have not resolved the Dispute in writing within sixty (60) days after the appointment of the Neutral, either Party may elect to terminate the negotiations in writing following the expiration of such sixty (60)-day period and pursue legal action in any New York Court as further set forth in Section 10.11. The provisions of this Section 10.20 shall be governed by, survive the Closing and interpreted in accordance with, English lawany termination of this Agreement.
Appears in 6 contracts
Sources: Asset Purchase and Contribution Agreement (Hersha Hospitality Trust), Asset Purchase and Contribution Agreement (Hersha Hospitality Trust), Asset Purchase and Contribution Agreement (Hersha Hospitality Trust)
Dispute Resolution. I 2.1 41.1 The Parties shall attempt in good faith to negotiate a settlement to of any dispute between them arising out of or in connection with the Contract this Framework Agreement within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute ultimately to the Commercial Director (or such other person as he may direct) of each PartyAuthority Representative and the Supplier Representative.
I 2.2 41.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 41.3 The obligations of the Parties under this Framework Agreement shall not be suspended, cease or be delayed by the reference of a dispute to mediation or arbitration pursuant to this Clause 41 and the Supplier and Supplier Staff, personnel and associates shall comply fully with the requirements of this Framework Agreement at all times.
41.4 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 Clause 41.1, the Parties shall refer it to mediation pursuant to the procedure set out in clauseClause 41.5 unless the Authority considers that the dispute is not suitable for resolution by mediation.
I 2.4 The obligations of 41.5 If a dispute is referred to mediation the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as followsfollowing provisions:
a) 41.5.1 a neutral adviser or mediator (the “Mediator”") shall be chosen by agreement between the PartiesParties or, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, Mediator or within ten (10) Working Days of notice to either Party that he the Mediator is unable or unwilling to act, apply to a mediation provider the CEDR to appoint a Mediator.;
b) The 41.5.2 the Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider the CEDR to provide guidance on a suitable procedure.;
c) Unless 41.5.3 unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.;
d) If 41.5.4 if the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in reduced to writing and shall be binding on the Parties once it is signed with effect from its signature by their duly authorised representatives.;
e) Failing agreement41.5.5 if the Parties fail to reach an agreement on the resolution of the dispute, either of the Parties may invite the Mediator to provide a non-binding but informative written opinionopinion in writing. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract this Framework Agreement without the prior written consent of both Parties.; and
f) If 41.5.6 if the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to arbitration pursuant to Clause 41.6.
41.6 If a dispute cannot be resolved by the Courts Parties pursuant to Clause 41.5 the Parties shall refer it to arbitration pursuant to the procedure set out in Clause 41.7 unless the Authority considers that it is not suitable for resolution by arbitration.
41.7 If a dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until comply with the procedures set out in clauses I 2.1 and I 2.3 have been completed save thatfollowing provisions:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) 41.7.1 the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) Act 1996 and the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) LCIA procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to into this Framework Agreement (save that in the Contract event of any conflict between those rules and this Framework Agreement, this Framework Agreement shall prevail);
41.7.2 the decision of the arbitrator shall be binding on the Parties (in the absence of any material failure by the arbitrator to comply with such the LCIA procedural rules);
d) 41.7.3 the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if Parties and in the event that the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or Working Days or, if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;; and
f) 41.7.4 the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English lawLondon.
Appears in 6 contracts
Sources: Framework Agreement, Framework Agreement, Legal Services Framework Agreement
Dispute Resolution. I 2.1 The 14.01 If a dispute occurs between the Parties concerning any matter governed by this Agreement, the disputing Party shall attempt in good faith promptly advise the other Party and the Parties together shall use all reasonable efforts to negotiate resolve the dispute informally.
14.02 If the Parties are unable to resolve the dispute informally, within five (5) Work Days, the Contractor shall then give Notice, within ten (10) Work Days, of the complaint to the Company Representative, which particulars shall include the following:
(a) a settlement to any dispute between them arising out detailed description of or in connection with the nature of the complaint;
(b) a list of the relevant provisions of the Contract Documents; and
(c) an evaluation by the Contractor of the matters in dispute.
14.03 The Company shall, within twenty (20) Working Work Days of either Party notifying receipt by the other Company Representative of the dispute and such efforts shall involve written particulars, give the escalation Contractor a decision, in writing, of one of the dispute ultimately to following:
(a) that the Commercial Director Company accepts the position of the Contractor; or
(or such other person as he may directb) that the Company rejects the position of each Partythe Contractor.
I 2.2 Nothing in this dispute resolution procedure shall prevent 14.04 If the Company accepts the position of the Contractor, the Parties from seeking from any court of competent jurisdiction shall enter into an interim order restraining Amending Document to reflect the other Party from doing any act or compelling the other Party to do any actAgreement.
I 2.3 14.05 If the Company rejects the position of the Contractor, the Parties shall proceed to mediation with a mutually agreed upon third party. If the dispute canis not be resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant to the procedure set out in clause
I 2.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation within fifteen (or arbitration15) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the Parties, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, or within ten (10) Working Work Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriatemediator, then the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreedmay, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on the resolution of the disputeif they both agree, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred proceed to arbitration pursuant to the procedures set out in clause I 2.6Commercial Arbitration Act.
I 2.6 Subject 14.06 If the matter in dispute is not resolved promptly pursuant to clause I 2.2Section 14.01, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority Company Representative may at any time before court proceedings are commenced, serve a notice on give to the Contractor requiring instructions that in his or her opinion are necessary to provide for the dispute proper performance of the Work and to be referred to and resolved by arbitration in accordance with clause I 2.7prevent delays.
b) if 14.07 If the Contractor intends receives instructions pursuant to commence court proceedingsSection 14.06, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring shall act immediately to carry out the dispute Work pursuant to the instructions, but any Work performed by the Contractor in this respect shall be referred without prejudice to and resolved by arbitration in accordance with clause I 2.7
c) any claim the Contractor may request by notice have concerning the dispute.
14.08 Nothing in writing to the Authority that any this Article precludes either Party from having a dispute be referred and resolved by arbitration in accordance with clause I 2.7a court of competent jurisdiction, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration although no steps shall be governed taken by either Party to initiate legal proceedings until after the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules process described in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English lawSections 14.01 through 14.03 has been completed.
Appears in 6 contracts
Sources: Operational Services Contract, Operational Services Agreement, Operational Services Agreement
Dispute Resolution. I 2.1 20.1 The Parties shall attempt in good faith to negotiate a settlement to resolve any dispute between them arising out of or in connection with the Contract within twenty (20) 10 Working Days of either Party notifying the other of the dispute and such efforts shall involve include the escalation of the dispute ultimately to the Commercial Director (Supplier’s representative and the Authority’s commercial director or such other person as he may direct) of each Partyequivalent.
I 2.2 20.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 20.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 Clause 20.1 the Parties shall refer it to mediation pursuant to the procedure set out in clauseClauses 20.5 to 20.10.
I 2.4 20.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor Supplier and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a 20.5 A neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the PartiesParties or, or if they are unable to agree upon a Mediator within ten (10) 10 Working Days after a request by one Party to the other or if the chosen Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) 10 Working Days from the date of the proposal to appoint a Mediator, Mediator or within ten (10) 10 Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider the Centre for Effective Dispute Resolution to appoint a Mediator.
b) 20.6 The Parties shall shall, within ten (10) 10 Working Days of the appointment of the Mediator, meet the Mediator meet with him in order to agree a programme for the exchange disclosure of all relevant information and the structure to be adopted for negotiations to be heldnegotiations. If considered appropriate, the The Parties may at any stage seek assistance from a mediation provider the Centre for Effective Dispute Resolution to provide guidance on a suitable procedure.
c) 20.7 Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) 20.8 If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) 20.9 Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) 20.10 If the Parties fail to reach agreement in the structured negotiations within sixty (60) 60 Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any the dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6Courts.
I 2.6 20.11 Subject to clause I 2.2Clause 20.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 Clauses 20.1 and I 2.3 20.5 to 20.10 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fitcompleted.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English law.
Appears in 5 contracts
Sources: Contract for Installation of Services, Contract for Services, Provision of Goods / Services
Dispute Resolution. I 2.1 The Parties Contractor and DfE shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the this Framework Agreement or any Call-Off Contract within twenty (20) Working 20 Business Days of either Party party notifying the other of the dispute and such efforts shall involve the escalation of the dispute ultimately to the Commercial Director finance director (or such other person as he may directequivalent senior employee) of each Party.
I 2.2 the Contractor and DfE’s commercial director. Nothing in this dispute resolution procedure shall prevent the Parties DfE from seeking from any court of competent jurisdiction an interim order restraining the other Party party from doing any act or compelling the other Party party to do any act.
I 2.3 . If the dispute cannot be resolved by the Parties Contractor and DfE pursuant to clause I 2.1 the Parties shall 42.1 either party may refer it to mediation pursuant to the procedure set out in clause
I 2.4 clause 42.5. The obligations of the Parties parties under the Framework Agreement and any Call-Off Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff the Personnel shall comply fully with the requirements of the Framework Agreement and any Call-Off Contract at all times.
I 2.5 . The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a : A neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the Partiesparties or, or if they are unable to agree upon a Mediator within ten (10) Working 10 Business Days after a request by one Party party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party party shall within ten (10) Working 10 Business Days from the date of the proposal to appoint a Mediator, Mediator or within ten (10) Working 10 Business Days of notice to either Party party that he is unable or unwilling to act, apply to a mediation provider the Centre for Effective Dispute Resolution to appoint a Mediator.
b) . The Parties parties shall within ten (10) Working 10 Business Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be heldnegotiations. If considered appropriate, the Parties parties may at any stage seek assistance from a mediation provider the Centre for Effective Dispute Resolution to provide guidance on a suitable procedure.
c) . Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties parties in any future proceedings.
d) . If the Parties parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties parties once it is signed by their duly authorised representatives.
e) . Failing agreement, either of the Parties parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Framework Agreement or any Call-Off Contract without the prior written consent of both Parties.
f) parties. If the Parties parties fail to reach agreement in the structured negotiations within sixty (60) Working 60 Business Days of the Mediator being appointed, or such longer period as may be agreed by the Partiesparties, then any dispute or difference between them may be referred to the Courts courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 42.6. Subject to clause I 2.242.2, the Parties parties to this Framework Agreement or any Call-Off Contract shall not institute court proceedings until the procedures set out in clauses I 2.1 42.1 and I 2.3 42.3 have been completed save that:
a) the Authority : DfE may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if 42.7; If the Contractor intends to commence court proceedings, it shall serve written notice on the Authority DfE of its intentions and the Authority DfE shall have twenty one (21) 21 days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the 42.7; and The Contractor may request by notice in writing to the Authority DfE that any dispute be referred and resolved by arbitration in accordance with clause I 2.742.7, to which the Authority DfE may consent as it sees fit.
I 2.7 . In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) 42.6: the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority Act 1996; DfE shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“”) stating:
i) : that the dispute is referred to arbitration; and
ii) and providing details of the issues to be resolved;
c) ; the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) clause 42.7.2 shall be applied and are deemed to be incorporated by reference to the Contract Framework Agreement and the decision of the arbitrator shall be binding on the Parties parties in the absence of any material failure to comply with such rules;
d) ; the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) parties; if the Parties parties fail to agree the appointment of the arbitrator within ten (10) 10 days of the Arbitration Notice being issued by the Authority DfE under clause I 2.7 (b) 42.7.2 or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) ; the arbitration proceedings shall take place in London and in the English language; and
g) and the arbitration proceedings shall be governed by, and interpreted in accordance with, English lawLaw.
Appears in 5 contracts
Sources: Framework Agreement, Framework Agreement, Framework Agreement
Dispute Resolution. I 2.1 The Parties shall attempt in good faith to negotiate a settlement to any dispute between them All disputes and differences arising out of or in connection with the Contract within twenty this Agreement including in relation to any non-contractual obligation (20a Dispute) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute ultimately to the Commercial Director (or such other person as he may direct) of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant to the procedure terms of this Condition 27. In the event that the Grant Recipient or the GLA consider that a Dispute exists, such party shall serve a notice upon the other party (a Notice of Dispute) giving brief details of the Dispute and in the first instance the parties shall use their reasonable endeavours to resolve such Dispute amicably and in good faith and in accordance with this Condition 27. Where either no representatives of both parties are available to meet within the period set out in clause
I 2.4 The obligations Condition 27.1.2 or the representatives fail to agree a unanimous resolution of the Parties under Dispute at such meeting, the Contract Dispute shall not cease, or be suspended or delayed by referred to the reference of a dispute to mediation chief executive officers (or arbitrationnominated deputies) of the Grant Recipient and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator GLA (the “Mediator”) Senior Executives). The Senior Executives shall be chosen by agreement between the Parties, or if they are unable to agree upon a Mediator meet within ten (10) Working Business Days after a request by one Party (or such other longer period not exceeding twenty (20) Business Days as the parties may agree) of such referral to attempt to resolve the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be heldDispute. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on the Any unanimous resolution of the dispute, the agreement Senior Executives shall be recorded in writing and signed by them and shall be final and binding on unless the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinionparties agree otherwise. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within Dispute remains unresolved after ten (10) days Business Days following referral to the Senior Executives, such Dispute must be dealt with in accordance with Condition 27.2. In the circumstances contemplated in Condition 27.1.5, the parties will attempt to settle the Dispute by mediation in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed by the parties, the mediator will be nominated by CEDR. The parties agree that: to initiate the mediation a party must give notice in writing (ADR Notice) to the other party to the Dispute requesting a mediation. A copy of the Arbitration Notice being issued request should be sent to CEDR; the mediation shall start not later than twenty eight (28) days after the date of the ADR Notice; and except where the right to issue proceedings would be prejudiced by a delay, no party may commence any court proceedings in relation to any dispute arising out of this Agreement until it has attempted to settle the Authority under clause I 2.7 (b) dispute by mediation and either the mediation has terminated or if the person appointed is unable or unwilling other party has failed to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and participate in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English lawmediation.
Appears in 5 contracts
Sources: Grant Agreement, Grant Agreement, Grant Agreement
Dispute Resolution. I 2.1 The Parties shall attempt in good faith to negotiate a settlement to of any dispute between them arising out of or in connection with the Contract this Framework Agreement within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute ultimately to the Commercial Director (or such other person as he may direct) of each Party.
I 2.2 Authority Representative and the Supplier Representative. Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 . The obligations of the Parties under this Framework Agreement shall not be suspended, cease or be delayed by the reference of a dispute to mediation or arbitration pursuant to this Clause 46 and the Supplier and Supplier’s Staff, personnel and associates shall comply fully with the requirements of this Framework Agreement at all times. If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 Clause 46.1, the Parties shall refer it to mediation pursuant to the procedure set out in clause
I 2.4 The obligations of Clause 46.5 unless the Authority considers that the dispute is not suitable for resolution by mediation. If a dispute is referred to mediation the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) following provisions: a neutral adviser or mediator ("the “Mediator”") shall be chosen by agreement between the PartiesParties or, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, Mediator or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider the CEDR to appoint a Mediator.
b) The ; the Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider the CEDR to provide guidance on a suitable procedure.
c) Unless ; unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If ; if the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in reduced to writing and shall be binding on the Parties once it is signed with effect from its signature by their duly authorised representatives.
e) Failing ; failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinionopinion in writing. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract this Framework Agreement without the prior written consent of both Parties.
f) If ; and if the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to arbitration pursuant to Clause 46.6. If a dispute cannot be resolved by the Courts Parties pursuant to Clause 46.5 the Parties shall refer it to arbitration pursuant to the procedure set out in Clause 46.7 unless the Authority considers that it is not suitable for resolution by arbitration. If a dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until comply with the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) provisions: the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) Act 1996 and the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to into this Framework Agreement (save that in the Contract event of any conflict between those rules and this Framework Agreement, this Framework Agreement shall prevail); the decision of the arbitrator shall be binding on the Parties (in the absence of any material failure by the arbitrator to comply with such the LCIA procedural rules;
d) ); the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if Parties and in the event that the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or Working Days or, if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) ; and the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English lawLondon.
Appears in 5 contracts
Sources: Framework Agreement, Framework Agreement, Framework Agreement
Dispute Resolution. I 2.1 10.1 Except to the extent of a claim to enforce intellectual property rights or confidentiality obligations, and as a precondition to instituting any legal action permitted by the provisions below, any controversy, claim or dispute between the Parties arising out of or relating to the provision of this Agreement or the breach, termination or a validity thereof shall, upon written request of either Party, immediately be referred jointly for resolution to senior executives of each of the Parties who have authority to settle the controversy and who are at a higher level of management than the person(s) with direct responsibility for day-to-day administration of this Agreement. Within fifteen (15) days after delivery of the written request of a Party, the receiving Party shall submit to the other a written response. The request notice and the response shall each include: (a) a statement of the respective Party’s position and a summary of arguments supporting that position; and (b) the name and title of any other person who will accompany the senior executive. Within thirty (30) days after delivery of the disputing Party’s request notice, the senior executives of both Parties shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt in good faith to negotiate a resolve the controversy. The Parties agree to honor all reasonable requests for information. All negotiations pursuant to this provision are confidential and shall be treated as compromise and settlement to any dispute between them arising out negotiations for purposes of or in connection with applicable rules of evidence.
10.2 If the Contract controversy has not been resolved by negotiation within twenty forty-five (2045) Working Days of either Party notifying the other days of the disputing Party’s request notice, or if the Parties failed to meet within thirty (30) days of such request notice, the Parties agree to attempt to settle the dispute and such efforts shall involve by mediation under the escalation mediation procedure rules then in effect of the dispute ultimately to CPR Institute or any rules mutually agreed upon by the Commercial Director (or such other person as he may direct) Parties. Unless otherwise agreed, the Parties shall select a neutral mediator from the CPR Panels of each PartyDistinguished Neutrals. All mediation proceedings are non-binding.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from 10.3 This mediation must be concluded within any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 If the dispute cannot be resolved period mutually agreed upon by the Parties pursuant to clause I 2.1 or if there is no such agreement, then within forty-five (45) days of the selection of the mediator. Unless the Parties expressly agree otherwise, each Party shall refer it to mediation pursuant to bear its own costs, legal and expert fees incurred in mediation, and evenly share the procedure set out in clause
I 2.4 The obligations costs of the mediator. If after proceeding in good faith (i) the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the Parties, or if they are unable to agree upon on a Mediator neutral mediator within ten thirty (1030) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date days of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days failure of the appointment senior executives to meet as required in Section 10.2 or the failure of the Mediator meet senior executives to resolve the dispute in accordance with him Section 10.2, whichever is earlier; or (ii) with the assistance of a neutral mediator, the Parties do not resolve the dispute within the period prescribed in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriatethis Section 10.3, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedureproceed in accordance with Section 10.4 below.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to 10.4 After exhausting the procedures set out forth above, either Party may initiate litigation to resolve the dispute. The litigation shall be commenced only in clause I 2.6.
I 2.6 Subject to clause I 2.2the state court or federal court located in Pittsburgh, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 Pennsylvania and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing each Party hereto submits to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions jurisdiction of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute court in which such litigation is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English lawcommenced.
Appears in 5 contracts
Sources: Sales Contracts, Sales Agreement, Sales Contracts
Dispute Resolution. I 2.1 The Parties shall attempt in good faith to negotiate 15.1 A Party claiming that a settlement to any dispute between them arising out of or in connection with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute ultimately to the Commercial Director (or such other person as he may direct) of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining Dispute has arisen must promptly give the other Party from doing a Dispute Notice.
15.2 A Party must not commence any act court proceedings in relation to a Dispute, except proceedings for urgent interlocutory relief , unless it has complied with this Clause 15 in relation to that Dispute.
15.3 Despite the existence of a Dispute, the Parties must continue to perform their obligations under this Contract.
15.4 This Clause 15 does not limit or compelling otherwise affect our rights, which includes all of our rights under, this Contract, including our right to terminate it.
15.5 If a Party gives a Dispute Notice under this Clause 15, it is open to either Party to give a Notice of any other issue or dispute connected with the initial Dispute, and all other issues or disputes raised shall be deemed to have been included in the initial Dispute Notice.
15.6 If a Dispute Notice has been given by a Party and that Dispute is the subject of the Dispute resolution process under this Clause 15, neither Party may give a further Dispute Notice which commences a new Dispute resolution process for that Dispute without the consent of the other Party. A Party seeking to give a further Dispute Notice or Dispute Notices must provide evidence to the other Party as to do any act.
I 2.3 If why the dispute new issues that it wishes to raise cannot be resolved managed as part of resolving the current Dispute, and that the Dispute which warrants the giving of a further Dispute Notice is clearly distinguished f rom, or does not arise as a result of, the Dispute resolution process that was commenced by the Parties pursuant to clause I 2.1 initial Dispute Notice.
15.7 If a Party gives a Dispute Notice, the Parties shall refer it must seek to mediation pursuant resolve that Dispute through good faith negotiations.
15.8 If the Parties are unable to settle a Dispute within seven days of one Party giving a Dispute Notice to the procedure set out in clause
I 2.4 other Party, each Party must appoint a representative with authority to settle the Dispute. The obligations of appointed representatives must meet within a further seven days to attempt to settle the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all timesDispute.
I 2.5 The procedure for mediation and consequential provisions relating 15.9 If the representatives are unable to mediation are as followsresolve the Dispute within seven days of f irst meeting, the Dispute must be referred within 14 days after their meeting to:
a) a neutral adviser in our case – the Executive Director or mediator (the “Mediator”) shall be chosen by agreement between the PartiesDeputy Secretary, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.their delegate; and
b) The Parties shall in your case – your CEO.
15.10 Our representative and your CEO must meet with each other to seek to resolve the Dispute within ten (10) Working Days seven days after the end of the appointment referral period under Clause 15.9.
15.11 If the Dispute is not resolved within seven days of the Mediator meet with him in order f irst meeting of our representative and your CEO, we may refer the Dispute to agree a programme for mediation administered by the exchange of all relevant information and the structure ADC according to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a its mediation provider to provide guidance on a suitable procedureguidelines.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating 15.12 If we refer a Dispute to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save thatmediation:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to mediation will be referred to and resolved by arbitration conducted in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on ADC's Guidelines for Commercial Mediation operating at the Authority of its intentions and time the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be Dispute is referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇ADC;
b) the Authority shall give a written notice of arbitration to Parties must (unless they agree otherwise) conduct the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details mediation within 14 days of the issues to be resolvedmediator being appointed;
c) the London Court each Party will pay its own costs of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied attending and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties participating in the absence of any material failure to comply with such rules;mediation; and
d) the tribunal shall consist cost of a sole arbitrator to the ADC and the appointed mediator will be agreed by shared equally between the Parties;.
e) if 15.13 We may notify the Minister of any Dispute.
15.14 In the event that we refer the Dispute to mediation and the Parties fail are unable to agree resolve the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted Dispute in accordance withwith Clause 15.12, English lawor the Dispute is not referred to mediation, then we may refer the Dispute to the Secretary or the Secretary's nominee for determination. A decision made under a referral in accordance with this Clause 15.14 will be f inal and binding on both Parties.
15.15 This Clause 15 does not apply to a Dispute arising under Clause 11 or Clause 17 or Clause 11 of Schedule 1.
Appears in 5 contracts
Sources: Vet Funding Contract, Vet Funding Contract, Vet Funding Contract
Dispute Resolution. I 2.1 The Parties shall attempt in good faith to negotiate a settlement to If any dispute or disagreement arises between them arising out Pfizer and CytomX in respect of this Agreement, they shall follow the following procedures in an attempt to resolve the dispute or disagreement:
11.9.1. The Party claiming that such a dispute exists shall give notice in connection with writing (a “Notice of Dispute”) to the Contract other Party of the nature of the dispute.
11.9.2. Within fourteen (14) days of receipt of a Notice of Dispute, the Pfizer Alliance Manager and the CytomX Alliance Manager shall meet in person or by teleconference and exchange written summaries reflecting, in reasonable detail, the nature and extent of the dispute, and at this meeting they shall use their reasonable endeavors to resolve the dispute.
11.9.3. If the Alliance Managers are unable to resolve the dispute during the meeting described in Section 11.9.2 or if for any reason such meeting does not take place within twenty the period specified in Section 11.9.2, then the dispute will be referred to the JRC which shall meet no later than forty-five (2045) Working Days days following the initial receipt of the Notice of Dispute and use reasonable endeavors to resolve the dispute.
11.9.4. If the JRC is unable to resolve the dispute during the meeting described in Section 11.9.3 or if for any reason such meeting does not take place within the period specified in Section 11.9.3, then the Senior Vice President and Chief Scientific Officer, Oncology Research Unit, of Pfizer and the Chief Executive Officer of CytomX shall meet at a mutually agreed-upon time and location for the purpose of resolving such dispute.
11.9.5. If, within a further period of thirty (30) days, or if in any event within ninety (90) days of initial receipt of the Notice of Dispute, the dispute has not been resolved, or if, for any reason, the meeting described in Section 11.9.4 has not been held within ninety (90) days of initial receipt of the Notice of Dispute, then the Parties agree that either Party notifying may initiate litigation to resolve the other dispute.
11.9.6. Notwithstanding any provision of the dispute and such efforts shall involve the escalation of the dispute ultimately this Agreement to the Commercial Director (or such other person as he contrary, either Party may direct) of each Party.
I 2.2 Nothing immediately initiate litigation in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining seeking any remedy at law or in equity, including the other Party from doing any act or compelling the other Party to do any act.
I 2.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant to the procedure set out in clause
I 2.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference issuance of a dispute preliminary, temporary or permanent injunction, to mediation preserve or enforce its rights under this Agreement. The provisions of this Section 11.9 will survive for five (or arbitration5) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the Parties, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days years from the date of the proposal to appoint a Mediator, termination or within ten (10) Working Days expiration of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediatorthis Agreement.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English law.
Appears in 5 contracts
Sources: Research Collaboration, Option and License Agreement (CytomX Therapeutics, Inc.), Research Collaboration, Option and License Agreement (CytomX Therapeutics, Inc.), Research Collaboration, Option and License Agreement (CytomX Therapeutics, Inc.)
Dispute Resolution. I 2.1 (a) Disputes arising in relation to benefits under the Plan shall be resolved in accordance with the procedures established in the Plan.
(b) The Parties shall attempt parties to this Agreement (each, a “party”) are mutually committed to collaborative problem solving for resolving issues that may arise among or between them concerning this Agreement. In the event of a dispute, the complaining party may notify the other party of the dispute in writing and each party to the dispute will each appoint a representative to negotiate in good faith to negotiate a settlement resolve the dispute. These negotiations between representatives of the parties shall continue until the earliest of: (a) the time the dispute has been resolved; (b) the designated representatives have concluded that continued negotiation does not appear likely to resolve the dispute; or (c) thirty (30) days from the date of written notice of the dispute. If the dispute is not resolved through direct negotiations, the parties may, with the consent of all parties, attempt to settle any dispute between them arising out of or in connection with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute ultimately related to the Commercial Director (or such other person as he may direct) of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 If the dispute cannot be resolved Agreement through mediation. Unless otherwise agreed by the Parties pursuant to clause I 2.1 the Parties parties, mediation shall refer it to mediation pursuant to the procedure set out in clause
I 2.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are proceed as follows:
a) : The parties may agree on a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the Parties, or if mediator. If they are unable to agree upon on a Mediator mediator within ten thirty (1030) Working Days after a request by one Party days of the agreement to mediate, the other or if the Mediator parties shall contact an agreed upon is unable dispute resolution organization or unwilling service and shall use its selection process to act, either Party select a mediator. Each party shall within ten (10) Working Days from the date bear its own costs of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties and the parties shall within ten (10) Working Days share the costs of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be heldmediator. If considered appropriate, the Parties may at any stage seek assistance from a The mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations scheduled within sixty (60) Working Days days of the Mediator being appointed, agreement to mediate. If the direct negotiation process is unsuccessful and the parties do not consent to mediation or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless agreed-upon mediation process does not successfully resolve the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one within ninety (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (1090) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling agreement to actmediate, the arbitrator parties shall be appointed entitled to pursue any other remedy allowed by law or this Agreement. However, no party shall pursue such a remedy without first exhausting the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English lawdirect negotiation process.
Appears in 5 contracts
Sources: Trust Agreement, Trust Agreement, Trust Agreement
Dispute Resolution. I 2.1 The Parties procedures for discussion and negotiation set forth in this Section 13.2 shall attempt apply to all disputes, controversies or claims (whether arising in good faith to negotiate contract, tort or otherwise) (each, a settlement to any dispute between them arising “Dispute”) that may arise out of or relate to, or arise under or in connection with this Services Agreement or the Contract within twenty transactions contemplated hereby.
(20a) Working Days It is the intent of the Parties to use their respective reasonable best efforts to resolve expeditiously any Dispute between them with respect to the matters covered hereby that may arise from time to time on a mutually acceptable negotiated basis. In furtherance of the foregoing, if a Dispute arises, the respective Party Representatives shall consider the Dispute for up to seven (7) business days following receipt of a notice from either Party notifying specifying the other nature of the dispute Dispute, during which time the Party Representatives shall meet in person at least once, and such efforts shall involve attempt to resolve the escalation Dispute.
(b) If the Dispute is not resolved by the end of the dispute ultimately seven (7) day period referred to in Section 13.2(a), or if the Commercial Director (or such other person as he may direct) of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent Party Representatives agree that the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 If the dispute canDispute can not be resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant to the procedure set out in clause
I 2.4 The obligations them, either Party may deliver a notice (an “Escalation Notice”) demanding an in-person meeting involving appropriate representatives of the Parties under the Contract shall not cease, or be suspended or delayed by the reference at a senior level of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements management of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator Parties (the “Mediator”) shall be chosen by agreement between the Parties, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to actParties agree, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediatorappropriate strategic business unit or division within such entity) (collectively, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act“Senior Executives”). Thereupon, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days each of the appointment Party Representatives shall promptly prepare a memorandum stating (i) the issues in Dispute and each Party’s position thereon, (ii) a summary of the Mediator meet with him in order to agree a programme for the exchange of evidence and arguments supporting each Party’s positions (attaching all relevant information and the structure to be adopted for negotiations to be held. If considered appropriatedocuments), the Parties may at any stage seek assistance from (iii) a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights summary of the Parties in any future proceedings.
dnegotiations that have taken place to date, and (iv) If the Parties reach agreement on the resolution name and title of the dispute, the agreement Senior Executive who shall be recorded in writing and represent each Party. The Party Representatives shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator each deliver such memorandum to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following respective Senior Executive promptly upon receipt of such notice to serve memorandum from the other Party Representative. The Senior Executives shall meet for negotiations (which may be held telephonically) at a reply on the Contractor requiring the dispute to be referred to mutually agreed time and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator place within ten (10) days of the Arbitration Notice being issued by Escalation Notice, and thereafter as often as the Authority Senior Executives deem reasonably necessary to resolve the Dispute.
(c) In the event that the Parties, after complying with the provisions set forth in Sections 13.2(a) and 13.2(b), are unable to resolve a Dispute that arises out of or relates to, arises under clause I 2.7 (b) or if in connection with this Services Agreement or the person appointed is unable or unwilling to acttransactions contemplated hereby, the arbitrator Parties shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted resolve such Dispute in accordance with, English lawwith the provisions set forth in Article VIII of the Master Separation Agreement.
Appears in 5 contracts
Sources: Transition Services Agreement (Vishay Precision Group, Inc.), Transition Services Agreement (Vishay Precision Group, Inc.), Transition Services Agreement (Vishay Precision Group, Inc.)
Dispute Resolution. I 2.1 The Parties shall attempt Subject to subsection 23.4 and subsection 24.3, in the event any controversy, claim, dispute, difference or misunderstanding arises out of or relates to this Contract, any term or condition hereof, any of the Work to be performed hereunder or in connection herewith, the respective System Managers of the Owner and the Vendor will meet and negotiate in good faith in an attempt to negotiate a settlement to any dispute between them arising out of amicably resolve such controversy, claim, dispute, difference or misunderstanding in connection with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute ultimately to the Commercial Director (or such other person as he may direct) of each Party.
I 2.2 Nothing in writing. Such System Managers must meet for this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant to the procedure set out in clause
I 2.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the Parties, or if they are unable to agree upon a Mediator purpose within ten (10) Working Days Business Days, or such other time period mutually agreed to by the Parties, after a request by one Party such controversy, claim, dispute, difference or misunderstanding arises. If the Parties are unable to resolve the other controversy, claim, dispute, difference or if the Mediator agreed upon is unable or unwilling to act, either Party shall misunderstanding through good faith negotiations within such ten (10) Working business day period, each Party will, within five (5) Business Days from after the date expiration of the proposal to appoint a Mediator, or within such ten (10) Working Days of notice to either Party that he is unable or unwilling to actbusiness day period, apply to prepare a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days of written position statement which summarizes the appointment of unresolved issues and such Party's proposed resolution. Such position statement must be delivered by the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice Vendor to the rights Owner's Vice President of Engineering or Operations and by the Parties in any future proceedings.
dOwner to the Vendor's corresponding officer or representative for resolution within (5) Business Days, or such other time period mutually agreed to by the Parties. If the Parties reach agreement on continue to be unable to resolve the resolution of the controversy, claim, dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreementdifference or misunderstanding, either of the Parties Party may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by initiate arbitration in accordance with clause I 2.7
b) if the Contractor intends provisions of subsection 23.2 below; provided, however, that with respect to any controversy, claim, dispute, difference or misunderstanding arising out of or relating to this Contract by which either Party seeks to obtain from the other monetary damages in excess of twenty-five million dollars ($25,000,000), either Party, in such case, may commence an action in any state or federal court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice subsection 27.7 to resolve such matter in writing lieu of proceeding with an arbitration pursuant to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced subsection 23.2. The arbitrators hired or otherwise chosen pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration and in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference the terms of this Contract will determine issues of arbitrability pursuant to the terms of this Contract but may not in any way limit, expand or otherwise modify the terms of this Contract nor will they have any authority to award punitive or other damages in excess of compensatory damages (other than as specifically set forth in this Contract) and the decision of the arbitrator shall be binding on the Parties in the absence of each Party irrevocably waives any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) claim thereto when invoking the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English lawprovisions of subsection 23.2.
Appears in 5 contracts
Sources: Procurement and Services Contract (Sprint Spectrum Finance Corp), Procurement and Services Contract (Sprint Spectrum L P), Procurement and Services Contract (Sprint Spectrum Finance Corp)
Dispute Resolution. I 2.1 The Parties shall attempt in good faith to negotiate A Party claiming that a settlement to any dispute between them arising out of or in connection with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute ultimately to the Commercial Director (or such other person as he may direct) of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining Dispute has arisen must promptly give the other Party from doing a Dispute Notice. A Party must not commence any act or compelling court proceedings in relation to a Dispute, except proceedings for urgent interlocutory relief, unless it has complied with this Clause 15 in relation to that Dispute. Despite the other Party to do any act.
I 2.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant to the procedure set out in clause
I 2.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference existence of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the Parties, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriateDispute, the Parties may at any stage seek assistance from a mediation provider must continue to provide guidance on a suitable procedure.
c) Unless perform their obligations under this Contract. This Clause 15 does not limit or otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to affect the rights of the Department, which includes all of its rights under, this Contract, including its right to terminate it. If a Party gives a Dispute Notice under this Clause 15, it is open to either Party to give a Notice of any other issue or dispute connected with the initial Dispute, and all other issues or disputes raised shall be deemed to have been included in the initial Dispute Notice. If a Dispute Notice has been given by a Party and that Dispute is the subject of the Dispute resolution process under this Clause 15, neither Party may give a further Dispute Notice which commences a new Dispute resolution process for that Dispute without the consent of the other Party. A Party seeking to give a further Dispute Notice or Dispute Notices must provide evidence to the other Party as to why the new issues that it wishes to raise cannot be managed as part of resolving the current Dispute, and that the Dispute which warrants the giving of a further Dispute Notice is clearly distinguished from, or does not arise as a result of, the Dispute resolution process that was commenced by the initial Dispute Notice. If a Party gives a Dispute Notice, the Parties in any future proceedings.
d) must seek to resolve that Dispute through good faith negotiations. If the Parties reach agreement on are unable to settle a Dispute within seven days of one Party giving a Dispute Notice to the resolution other Party, each Party must appoint a representative with authority to settle the Dispute. The appointed representatives must meet within a further seven days to attempt to settle the Dispute. If the representatives are unable to resolve the Dispute within seven days of first meeting, the Dispute must be referred within 14 days after their meeting to: in the case of the disputeDepartment – its Executive Director or the Deputy Secretary of, or their delegate; and in the case of the Training Provider – its CEO. The Department’s representative and the CEO must meet with each other to seek to resolve the Dispute within seven days after the end of the referral period under Clause 15.9. If the Dispute is not resolved within seven days of the first meeting of the Department’s representative and the Training Provider's CEO, the agreement shall be recorded in writing and shall be binding on Department may refer the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator Dispute to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed mediation administered by the Parties, then any dispute or difference between them may be referred ADC according to the Courts unless the dispute its mediation guidelines. If a Dispute is referred to arbitration pursuant to mediation by the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, Department: the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to mediation will be referred to and resolved by arbitration conducted in accordance with clause I 2.7
bthe ADC's Guidelines for Commercial Mediation operating at the time the Dispute is referred to ADC; the Parties must (unless they agree otherwise) if conduct the Contractor intends to commence court proceedings, it shall serve written notice on mediation within 14 days of the Authority mediator being appointed; each Party will pay its own costs of its intentions attending and participating in the mediation; and the Authority shall have twenty one (21) days following receipt cost of such notice to serve a reply on the Contractor requiring ADC and the dispute to appointed mediator will be referred to and resolved by arbitration in accordance with clause I 2.7
c) shared equally between the Contractor Parties. The Department may request by notice in writing to notify the Authority that Minister of any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 Dispute. In the event that any arbitration proceedings the Department refers the Dispute to mediation and the Parties are commenced pursuant unable to clause I 2.6:
a) resolve the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration Dispute in accordance with I 2.7 (b) shall be applied and are deemed Clause 15.12, or the Dispute is not referred to be incorporated by reference mediation, then the Department may refer the Dispute to the Contract Secretary or the Secretary's nominee for determination. A decision made under a referral in accordance with this Clause 15.14, will be final and the decision of the arbitrator shall be binding on the Parties in the absence both Parties. This Clause 15 does not apply to a Dispute arising under Clause 11 or Clause 17 or Clause 11 of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English lawSchedule 1.
Appears in 5 contracts
Sources: Vet Funding Contract, Vet Funding Contract, Vet Funding Contract
Dispute Resolution. I 2.1 (a) If the Customer disagrees with or is otherwise dissatisfied with any Supply Item, Invoice or any other act or determination by TEN under these Terms & Conditions (Disputed Matter), the Customer must provide a notice of that dispute (Dispute Notice) which sets out:
(1) the details of the Disputed Matter; and
(2) the basis for the Customer disputing each Disputed Matter.
(b) The Parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with Customer must submit the Contract within twenty Dispute Notice within:
(201) Working the time period specified under the relevant Terms & Conditions; or
(2) if no timeframe is specified, five Business Days of either Party notifying the other Customer becoming aware of the dispute and such efforts shall involve the escalation of the dispute ultimately to the Commercial Director (or such other person as he may direct) of each PartyDisputed Matter.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 (c) If the dispute canCustomer does not be resolved by provide a Dispute Notice within the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant to the procedure timeframe set out in clause
I 2.4 The obligations clause 15(b), the Customer will be taken to have waived its right to make any Claim in respect of the Parties under Disputed Matter.
(d) If a Dispute Notice is given to TEN in accordance with clause 15(a), then TEN must give to the Contract shall Customer a written response to each of the Disputed Matters as set out in the Dispute Notice within ten Business Days (Response).
(e) If TEN and the Customer have not ceaseresolved the Disputed Matters within ten Business Days of the Response being delivered in accordance with clause 15(d), or any party may request that the dispute be suspended or delayed by the reference of a dispute referred to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the Parties, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party providing notice to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediatorparty in writing.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties parties fail to reach agreement in agree as to the structured negotiations appointment of a mediator within sixty (60) Working ten Business Days of the Mediator being appointednotice provided under clause 15(e), or such longer period as then either party may apply to the Queensland Law Society Inc. to appoint a mediator.
(g) All costs involved in mediation must be agreed paid equally by the Parties, then any parties.
(h) The parties must attend the mediation and try to resolve the dispute.
(i) A party may not start court proceedings in relation to a dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to until it has exhausted the procedures set out in clause I 2.6this clause, but neither party is prevented from applying to a court at any stage for urgent injunctive or other relief.
I 2.6 Subject to (j) Nothing in this clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at prevents any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority party from exercising any of its intentions and the Authority shall have twenty one (21) days following receipt of such notice rights or permits any party to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to not comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority any Obligations under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English lawthese Terms & Conditions.
Appears in 5 contracts
Sources: Terms and Conditions, Terms and Conditions for Provision of Goods or Services, Terms and Conditions
Dispute Resolution. I 2.1 20.1 The Parties shall attempt in good faith to negotiate a settlement to resolve any dispute between them arising out of or in connection with the Contract within twenty (20) 10 Working Days of either Party notifying the other of the dispute and such efforts shall involve include the escalation of the dispute ultimately to the Commercial Director (or such other person as he may direct) of each PartySupplier’s EMEA Region Contracts Manager and the Authority’s commercial director.
I 2.2 20.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 20.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 Clause 20.1 the Parties shall refer it to mediation pursuant to the procedure set out in clauseClauses 20.5 to 20.10.
I 2.4 20.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor Supplier and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a 20.5 A neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the PartiesParties or, or if they are unable to agree upon a Mediator within ten (10) 10 Working Days after a request by one Party to the other or if the chosen Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) 10 Working Days from the date of the proposal to appoint a Mediator, Mediator or within ten (10) 10 Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider the Centre for Effective Dispute Resolution to appoint a Mediator.
b) 20.6 The Parties shall shall, within ten (10) 10 Working Days of the appointment of the Mediator, meet the Mediator meet with him in order to agree a programme for the exchange disclosure of all relevant information and the structure to be adopted for negotiations to be heldnegotiations. If considered appropriate, the The Parties may at any stage seek assistance from a mediation provider the Centre for Effective Dispute Resolution to provide guidance on a suitable procedure.
c) 20.7 Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) 20.8 If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) 20.9 Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English law.
Appears in 5 contracts
Sources: Contract for Service Agreement, Contract for Monitoring the Sulphur Content of Liquid Fuels, Contract for Illumina Scientific Equipment Annual Service & Support
Dispute Resolution. I 2.1 35.1. The Parties shall attempt in good faith to negotiate a settlement to of any dispute between them arising out of or in connection with the Contract this Framework Agreement within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute ultimately to the Commercial Director (or such other person as he may direct) of each PartyAuthority Representative and the Supplier Representative.
I 2.2 35.2. Nothing in this dispute resolution procedure Dispute Resolution Procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 35.3. The obligations of the Parties under this Framework Agreement shall not be suspended, cease or be delayed by the reference of a dispute to mediation or arbitration pursuant to this Clause 35 and the Supplier and Staff shall comply fully with the requirements of this Framework Agreement at all times.
35.4. If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 Clause 35.1, the Parties shall refer it to mediation pursuant to the procedure set out in clauseClause 35.5 unless the Authority considers that the dispute is not suitable for resolution by mediation.
I 2.4 The obligations of 35.5. If a dispute is referred to mediation the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as followsfollowing provisions:
a) 35.5.1. a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the PartiesParties or, or if they are unable to agree upon a Mediator mediator within ten (10) Working Days after a request by one Party to the other or if the Mediator mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, mediator or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider CEDR to appoint a Mediator.mediator;
b) The 35.5.2. the Parties shall within ten (10) Working Days of the appointment of the Mediator mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider the CEDR to provide guidance on a suitable procedure.;
c) Unless 35.5.3. unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.;
d) If 35.5.4. if the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in reduced to writing and shall be binding on the Parties once it is signed with effect from its signature by their duly authorised representatives.;
e) Failing 35.5.5. failing agreement, either of the Parties may invite the Mediator mediator to provide a non-binding but informative written opinionopinion in writing. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract this Framework Agreement without the prior written consent of both Parties.; and
f) If 35.5.6. if the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to arbitration pursuant to Clause 35.6.
35.6. If a dispute cannot be resolved by the Courts Parties pursuant to Clause 35.5 the Parties shall refer it to arbitration pursuant to the procedure set out in Clause 35.7 unless the Authority considers that it is not suitable for resolution by arbitration.
35.7. If a dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until comply with the procedures set out in clauses I 2.1 and I 2.3 have been completed save thatfollowing provisions:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) 35.7.1. the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) ▇ and the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) LCIA procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to into this Framework Agreement (save that in the Contract event of any conflict between those rules and this Framework Agreement, this Framework Agreement shall prevail);
35.7.2. the decision of the arbitrator shall be binding on the Parties (in the absence of any material failure by the arbitrator to comply with such the LCIA procedural rules);
d) 35.7.3. the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if Parties and in the event that the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or Working Days or, if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;; and
f) 35.7.4. the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English lawLondon.
Appears in 5 contracts
Sources: Framework Agreement, Framework Agreement, Framework Agreement
Dispute Resolution. I 2.1 In the event a dispute arises between the Parties regarding this Agreement, including where a Party determines that the other is not complying with the Agreement, the Parties will use the following process to attempt to resolve the dispute.
9.1.1. A Party will provide the other with written notice of the dispute. The notice will describe the dispute, or if the notice arises from non-compliance with the Agreement, describe evidence of non-compliance and the steps the Party believes are needed to restore compliance with the Agreement. Unless otherwise provided for in the Agreement, the Party receiving notice will have 30 days from the date it receives the notice to restore compliance with the Agreement. If the non- compliance issue is of such a nature that it cannot reasonably be cured within 30 days, the Party on notice of its non-compliance will have such additional time as required to restore its compliance with the applicable terms of the Agreement, as long as it is acting in a reasonable manner and in good faith.
9.1.2. If the non-compliant Party does not reasonably correct the non-compliance concern or if the dispute is not otherwise resolved between the Parties shall within the time allowed, the Parties will attempt to settle the issue through good faith negotiation. This may be done at any management level, including at a level higher than persons directly responsible for administration of the Agreement.
9.1.3. If the Parties are unable to resolve the issue through such negotiation, or such negotiations have not resolved the dispute or non-compliance concern within 30 days from the date a Party first issues written notice as provided in Section 9.1.1 and the Parties have not agreed to an extension of time to negotiate, the Parties will submit the issue to the SOC, City Mayor, and the County Chair (“HRS Leaders”). The HRS Leaders will attempt to resolve the dispute or non-compliance concern on terms acceptable to both Parties.
9.1.4. If the HRS Leaders are unable to resolve the dispute or non-compliance concern within 30 days of their first meeting regarding the issue, and the Parties have not agreed to an extension of time for the HRS Leaders to resolve the dispute, the Parties will then attempt in good faith to negotiate a settlement resolve the issue by facilitated mediation. The Parties agree to any attend at least four hours of mediation before resorting to arbitration, litigation, or some other dispute between them arising out resolution procedure. The Parties agree to schedule the mediation within 60 days of or in connection with written notice from the Contract within twenty (20) Working Days of either Party notifying the other of HRS Leaders that it is unable to resolve the dispute and such efforts shall involve the escalation of the dispute ultimately to the Commercial Director (or such other person as he may direct) of each Partynon-compliance concern.
I 2.2 Nothing 9.1.5. The Parties will attempt to use the services of a mutually agreed upon mediator, with a preference for a mediator with experience in this dispute resolution procedure shall prevent mediating disputes between local governments. If the Parties cannot mutually agree on a mediator within 14 business days of having submitted a possible mediator candidate, or the mediation is unsuccessful, either party may proceed to arbitration or litigation.
9.1.6. Each Party is responsible for its own dispute-related costs. The Parties will each pay for half of any mutually retained mediator or arbitrator’s services and costs.
9.1.7. Nothing prevents a Party from seeking from any resorting to a court of competent jurisdiction an interim order restraining in those instances where injunctive relief may be appropriate; or, if the other Party from doing any act or compelling the other Party Parties agree, seek arbitration to do any act.
I 2.3 If resolve the dispute cannot be resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant to the procedure set out in clause
I 2.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the Parties, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinioncompliance concern. Such an opinion shall Any dispute submitted for arbitration will be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration settled in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by commercial arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions rules of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice Services of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules Portland, Inc., then in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied effect, and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding judgment on the Parties award may be entered in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English lawcourt having jurisdiction.
Appears in 5 contracts
Sources: Homelessness Response System Intergovernmental Agreement, Homelessness Response System Intergovernmental Agreement, Homelessness Response System Intergovernmental Agreement
Dispute Resolution. I 2.1 The Parties shall attempt 10.1 All claims, disputes, and other matters in good faith to negotiate a settlement to any dispute question between them the Engineer and the Client arising out of of, or relating to, this Agreement or the breach thereof or the services rendered by Engineer (“Dispute”), shall be resolved as follows:
10.2 A written demand for non-binding mediation, which shall specify in connection with detail the Contract within twenty (20) Working Days of either Party notifying the other facts of the dispute Dispute and such efforts the relief requested, shall involve be submitted, within a reasonable time after the escalation of basis for the dispute ultimately Dispute has arisen, to the Commercial Director (or such other person as he may direct) of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent party against whom the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 claim is brought. If the dispute Dispute cannot be resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant to the procedure set out in clause
I 2.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the Parties, or if they are unable to agree upon a Mediator parties within ten (10) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriatedays, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it demand shall be conducted in confidence and without prejudice submitted to “ADR Options” or such mediation service as the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on the resolution of the disputeparties shall otherwise agree to retain, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a for good faith non-binding but informative written opinionmediation. Such an opinion The Mediator’s fee shall be provided on a without prejudice basis and shared equally by the parties. The party initiating the Dispute shall be liable for any filing fee.
10.3 Any Dispute between the parties that is not be used in evidence in any proceedings relating fully resolved by mediation within 60 days of submission to the Contract without the prior written consent mediation service shall be decided by litigation in a court of both Partiescompetent jurisdiction.
f) If 10.4 In no event shall the Parties fail to reach agreement demand for mediation be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may question would be agreed barred by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6applicable statute of limitations.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 10.5 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) Client institutes suit against the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence Engineer because of any material failure to comply with Dispute and if such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) suit is dropped or dismissed, or if the person appointed is unable Engineer otherwise prevails, Client agrees to reimburse the Engineer, or unwilling pay directly, any and all costs and any and all other expenses of defense, immediately following dropping or dismissal of the case or immediately upon judgment being rendered on behalf of the Engineer.
10.6 The signatories to actthis Agreement, agree to be, and to remain at all times, and for all purposes, without regard for any business address they may now or hereafter assume, subject to the exclusive jurisdiction of the several Courts of Common Pleas of Bucks County, Pennsylvania for all causes of action, if any, which may arise under, or incident to, the arbitrator application, breach, enforcement, interpretation, performance or nonperformance of this Agreement. This Agreement and the rights and obligations of the parties hereto shall be appointed controlled by the LCIA;
f) laws of the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English lawCommonwealth of Pennsylvania.
Appears in 5 contracts
Sources: Services Agreement, Professional Services, Services Agreement
Dispute Resolution. I 2.1 The Parties shall attempt in good faith to negotiate a settlement to of any dispute between them arising out of or in connection with the Contract this Framework Agreement (“Dispute”) within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute ultimately to the Commercial Director (or such other person as he may direct) of each Party.
I 2.2 Authority Representative and the Supplier Representative. Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 . The obligations of the Parties under this Framework Agreement shall not be suspended, cease or be delayed by the reference of a dispute to mediation or arbitration pursuant to this Clause 16 and the Supplier and its employees, personnel and associates shall comply fully with the requirements of this Framework Agreement at all times. If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 Clause 16.1, the Parties shall refer it to mediation pursuant to the procedure set out in clause
I 2.4 The obligations of Clause 16.4 unless the Authority considers that the dispute is not suitable for resolution by mediation. If a dispute is referred to mediation the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) following provisions: a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the PartiesParties or, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, Mediator or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider the CEDR to appoint a Mediator.
b) The ; the Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider the CEDR to provide guidance on a suitable procedure.
c) Unless ; unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If ; if the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in reduced to writing and shall be binding on the Parties once it is signed with effect from its signature by their duly authorised representatives.
e) Failing ; failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinionopinion in writing. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract this Framework Agreement without the prior written consent of both Parties.
f) If ; and if the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to arbitration pursuant to Clause 16.5. If a Dispute cannot be resolved by the Courts Parties pursuant to Clause 16.4 or the Authority considers that the Dispute is not suitable for resolution by Mediation, then either Party may (at any time before proceedings are commenced) refer it to arbitration pursuant to the procedure set out in Clause 16.6 unless the Authority considers that it is not suitable for resolution by arbitration. If a dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until comply with the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) provisions: the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) ▇ and the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) LCIA procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to into this Framework Agreement (save that in the Contract event of any conflict between those rules and this Framework Agreement, this Framework Agreement shall prevail); the decision of the arbitrator shall be binding on the Parties (in the absence of any material failure by the arbitrator to comply with such the LCIA procedural rules;
d) ); the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if Parties and in the event that the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or Working Days or, if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) ; and the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English lawLondon.
Appears in 4 contracts
Sources: Framework Agreement, Framework Agreement, Framework Agreement
Dispute Resolution. I 2.1 The Parties All disputes over the interpretation, application or enforceability of this Agreement shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute ultimately be resolved according to the Commercial Director (or such other person as he may direct) of each Party.
I 2.2 Nothing in this following dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.procedures:
I 2.3 a. If the dispute cannot be resolved by the Parties pursuant personnel directly involved, the parties will consider the following mediation process before invoking formal arbitration:
i. Each party will designate a representative with appropriate authority to clause I 2.1 be its representative in the Parties shall refer it to mediation pursuant to the procedure set out in clause
I 2.4 The obligations of the Parties under dispute.
ii. Either representative may request the Contract shall assistance of a qualified mediator. If the parties cannot ceaseagree on the qualified mediator within five days of the request for a mediator, a qualified mediator will be appointed by the Municipal Boundary Review Director of the Office of Land Information Services of the State of Wisconsin Department of Administration, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all timeshis successor.
I 2.5 iii. The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) session shall be chosen by agreement between the Parties, or if they are unable to agree upon a Mediator take place within ten (10) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days 30 days of the appointment of the Mediator meet respective representative designated by the parties, or the designation of a mediator, whichever occurs last.
iv. In the event that a mediator is used, each party shall provide the mediator with him in order a brief memorandum setting forth its position with regard to agree a programme the issues that need to be resolved at least 10 days prior to the first scheduled mediation session. The Parties will also produce all information reasonably required for the exchange mediator to understand the issues presented. The mediator may require the Parties to supplement such information.
v. The mediator does not have authority to impose a settlement upon the Parties but will attempt to help the Parties reach a satisfactory resolution of all relevant information and their dispute. To the structure to be adopted for negotiations to be held. If considered appropriateextent authorized by law, the mediation session(s) are private. The Parties and their representatives may at any stage seek assistance from a attend mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected sessions. Other persons may attend only with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights permission of the Parties and with the consent of the mediator. The Parties shall maintain the confidentiality of the mediation and shall not rely on, or introduce as evidence in any future proceedings.
d) If arbitral, judicial, or other proceeding, views expressed or suggestions made by the Parties reach agreement on the resolution other party with respect to a possible settlement of the dispute, or admissions made by the agreement other party in the course of mediation proceedings.
vi. The expenses of a mediator, if any, shall be recorded in writing and shall be binding on borne equally by the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
fb. If unresolved after (a) If above, either Party may seek a judicial determination of the Parties fail to reach agreement matter by the filing of an action in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Circuit Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision Winnebago County, State of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English lawWisconsin according statute.
Appears in 4 contracts
Sources: Intergovernmental Cooperative Plan, Intergovernmental Cooperative Plan, Intergovernmental Cooperative Plan
Dispute Resolution. I 2.1 The Parties (a) Except as provided in Section 9(c) of this Agreement, the parties shall attempt in good faith to negotiate a settlement to resolve any dispute between them arising out of or in connection relating to this Agreement promptly by confidential negotiations between persons who have authority to settle the controversy. For the purposes of this Agreement, the following persons shall have authority to settle disputes hereunder (each an “Authorized Person”): (i) the RP Plant Supervisor and his MH counterpart with respect to disputes arising from services to be provided hereunder, and (ii) the Contract within chief financial officers of the parties with respect to all other disputes arising hereunder. All such negotiations shall be treated as compromise and settlement negotiations for purposes of the relevant rules of evidence. Any party may give the other party written notice of any dispute. Within ten (10) business days after delivery of such notice, the receiving party shall submit to the other a written response. The initial notice and the response shall include a statement of each party’s position and a summary of the arguments supporting that position. Within twenty (20) Working Days business days after the date of either Party notifying the initial notice, the applicable Authorized Persons (and/or their delegates) shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one party to the other of shall be honored promptly.
(b) If the parties do not meet or the dispute and such efforts shall involve the escalation of the dispute ultimately to the Commercial Director (or such other person as he may direct) of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 If the dispute canhas not be been resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant to the procedure set out in clause
I 2.4 The obligations foregoing negotiation within thirty (30) business days of the Parties disputing party’s initial notice, the parties shall endeavor to settle the dispute by non binding mediation under the Contract then current CPR Model Mediation Procedure for Business Disputes. Unless otherwise agreed the parties shall not ceaseselect a mediator from the CPR Panels of Neutrals. The mediation shall take place in New York, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) New York and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the Parties, or if they are unable to agree upon a Mediator concluded within ten seventy-five (1075) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days days from the date of the proposal disputing party’s initial notice, unless the parties mutually agree to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediatoran extension.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on dispute is not settled through the resolution of foregoing mediation procedure, either party may refer the disputedispute to, and the agreement dispute shall be recorded settled by, arbitration, before three (3) independent arbitrators in writing and shall be binding on accordance with the Parties once it is signed by their duly authorised representatives.
e) Failing agreementthen current CPR Non-Administered Arbitration Rules then in effect. To initiate arbitration under this subsection 15(c), either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within no later than sixty (60) Working Days days after the conclusions of such mediation the Mediator being appointed, or such longer period as may be agreed by aggrieved party shall give the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a other party written notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if Article 20, describing the Contractor claim and the amount as to which it intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one initiate arbitration. Within fifteen (2115) days following after the receipt of such notice notice, each party shall select one person to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7act as arbitrator, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator two so selected shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of select a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the third arbitrator within ten (10) days of their appointment. If the Arbitration Notice being issued arbitrators selected by the Authority under clause I 2.7 (b) or if the person appointed is parties are unable or unwilling fail to actagree upon the third arbitrator, the third arbitrator shall be appointed selected by the LCIA;
fCPR. At least one of the arbitrators so selected shall be an attorney actively engaged in the practice of law for at least (10) years and familiar with agreements comparable to this Agreement. Any such arbitration shall be conducted in New York. NY. The arbitrators shall apply New York law, regardless of its choice of law principles. The reasonable expenses of the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed byborne equally by the parties. Each party shall bear the cost of its counsel and other experts. The parties shall agree on a schedule for conducting the arbitration, including the exchange of documents and interpreted the examination of witnesses. The award of the arbitrators shall be accompanied by a reasoned opinion. Judgment upon the award rendered by the arbitrators may be entered in accordance with, English lawany court having jurisdiction of the parties and the subject and matter of the dispute.
Appears in 4 contracts
Sources: Operations Agreement (Innophos Investment Holdings, Inc.), Operations Agreement (Innophos Mexico Holdings, LLC), Operations Agreement (Innophos Investment Holdings, Inc.)
Dispute Resolution. I 2.1 The Parties shall attempt in good faith to negotiate a settlement 12.1 Prior to any dispute between them arising out of difference or in connection with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute ultimately to the Commercial Director (or such other person as he may direct) of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it disagreement being referred to mediation pursuant to the procedure set out in clause
I 2.4 The obligations remaining provisions of this paragraph 12 the Parties under shall seek to resolve the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are matter as follows:
a) a neutral adviser or mediator (12.1.1 in the “Mediator”) first instance the issue shall be chosen considered by agreement between chief officers with delegated responsibility for the Parties, or Service
12.1.2 if they the aforementioned chief officers are unable to agree upon a Mediator resolve the matter within ten (10) Working Days after a request by one Party to 30 working days then the other or if the Mediator agreed upon is unable or unwilling to act, either Party issue shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless Head of Paid Service of the dispute is referred Local Authorities and the Chief Executive officer of the other Parties
12.1.3 if the Heads of Paid Service/Chief Executive officer are not able to arbitration pursuant resolve the matter within a further thirty (30) working days the provisions of paragraph(s) 12.2 and 12.3 shall take effect
12.2 In the event of the Heads of Paid Service/Chief Executive officer not being able to resolve the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, matter shall be dealt with by the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save thatfollowing mediation procedure:
a) 12.2.1 for the Authority may at any time before court proceedings are commenced, serve purpose of this paragraph 12.2 a dispute shall be deemed to arise when one Party serves on the other a notice on in writing stating the Contractor requiring nature of the dispute
12.2.2 every dispute to notified under this paragraph 12.2 shall first be referred to and resolved by arbitration mediation in accordance with clause I 2.7the mediation procedures of the Alternative Dispute Resolution Group London
b) if 12.2.3 the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration mediator shall be governed agreed upon by the provisions Parties and failing such agreement within fifteen (15) working days of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree one Party requesting the appointment of a mediator and proposing a name then the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator mediator shall be appointed by the LCIA;head of the division of the Welsh Government for the time being with responsibilities for the oversight of the Services
f) 12.2.4 unless agreed otherwise the arbitration proceedings Parties shall take place in London share equally the costs of mediation
12.2.5 the use of mediation will not be construed under the doctrines of laches waiver or estoppel to affect adversely the rights of any Party and in particular any Party may seek a preliminary injunction or other judicial relief at any time if in its judgment such action is necessary to avoid irreparable damage
12.3 In the English language; and
g) event of the arbitration proceedings Parties failing to reach agreement following mediation the following procedure s shall be governed by, and interpreted followed:
12.3.1 in accordance with, English law.the event of the Parties failing to reach agreement on their dispute or difference following mediation pursuant to paragraph
Appears in 4 contracts
Sources: Financial Governance and Risk Sharing Agreement, Financial Governance and Risk Sharing Agreement, Financial Governance and Risk Sharing Agreement
Dispute Resolution. I 2.1 21.1 The dispute procedure specified in this clause shall not apply to Billing Disputes, which shall be dealt with in accordance with the relevant Annex E.
21.2 It is understood and agreed that the Parties shall attempt carry out this Interconnection Agreement in the spirit of mutual co-operation and good faith and shall seek to resolve amicably any disputes arising between them.
21.3 Without prejudice to the rights of either Party to suspend the provision of Services pursuant to Clause 15, during any period of dispute, before or until resolution, a Party, without prior approval of the Authority, shall not disrupt Services being provided to the other Party, or take any other actions, that might materially and adversely affect that Party’s Services. Each Party shall continue to fulfil its obligations under this Agreement during the pendency of a dispute or any procedures.
21.4 The procedures set out as under are without prejudice to any other rights and remedies that may be available in respect of any breach of any provisions of this Agreement including urgent interlocutory relief.
21.5 Any time limits or provisions contained herein may only be varied by agreement of the Parties.
21.6 Either Party (the “Disputing Party”) may invoke the dispute procedure specified in this clause, and if it wishes so to do it shall serve written notice of the dispute (“Dispute”) to the Nominated Representative of the other Party (the “Disputed Party”). The notice shall contain all relevant details including the nature and the extent of the Dispute.
21.7 Following notice under Clause 21.6 the Parties shall consult in good faith to negotiate try to resolve the Dispute involving the appropriate senior managers within fifteen (15) Business Days of serving the written notice of Dispute.
21.8 If the Parties do not reach an agreement on a settlement Dispute raised through correspondence within fifteen (15) Business Days noted in Clause 21.7, either Party may notify to any dispute between them arising out the other Party its intention to escalate the Dispute. If a notice of or in connection intention to escalate a Dispute has been provided by one Party to the other, the Parties shall promptly set up a committee with an equal number of appropriate representatives from either Party (“Coordination Committee”)
21.9 The Co-ordination Committee shall meet within ten (10) Business Days of the Contract receipt of notice under Clause 21.8. If the Co-ordination Committee has not resolved a Dispute within twenty (20) Working Business Days of after it meets or is required to meet to review the Dispute:
(a) either Party notifying may refer the other of the dispute and such efforts shall involve the escalation of the dispute ultimately Dispute to the Commercial Director (or such other person as he may direct) Authority with prior notice of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant to the procedure set out in clause
I 2.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the Parties, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party intention to the other or if the Mediator agreed upon is unable or unwilling Party, such Dispute to act, either Party shall within ten be resolved in accordance with Clause 22; or
(10) Working Days from the date of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties by mutual agreement may at any stage seek assistance from a mediation provider refer the Dispute to provide guidance on a suitable procedure.
c) Unless otherwise agreedthe arbitration, all negotiations connected with the dispute and any settlement agreement relating such arbitration to it shall be conducted in confidence and without prejudice accordance with Clause 23.
21.10 In the event of a reference to the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on the resolution of the disputeAuthority, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 compile a detailed dispute report, which shall include origin, nature, extent, issues and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to proposals for resolution and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing make their respective reports available to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator each other within ten (10) 28 days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English lawreferral.
Appears in 4 contracts
Sources: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Dispute Resolution. I 2.1 The Parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute ultimately to the [ConsReq Commercial Director or see Guidance Notes for alternative] (or such other person as he may direct) of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant to the procedure set out in clause
I 2.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the Parties, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English law. [ClauseOpt J European Social Fund (ESF) [[InfoNote This section is for inclusion in W2W contracts where ESF funding or Match Funding applies or may apply in the future. To ensure that ESF requirements for unlimited liability are adequately reflected advice on the requirements should be sought from Legal Group/CPPT ].
Appears in 4 contracts
Sources: Support Agreement, Provision of It Skills for Work With Jobsearch Support Services, Provision of in Work Support for 18 24 Year Olds Services
Dispute Resolution. I 2.1 The Parties 10.1 No claims, under this Agreement or its Appendices, shall attempt in good faith to negotiate a settlement to any dispute between them arising out be brought for disputed amounts more than twenty-four (24) months from the date of or in connection with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute ultimately occurrence which gives rise to the Commercial Director (or such other person as he may direct) dispute. Under this Section 10.1, if any portion of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other amount due to a Party from doing any act or compelling the other Party to do any act.
I 2.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant to the procedure set out in clause
I 2.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement "Billing Party" under this Agreement is subject to a bona fide dispute between the Parties, or if they the Party billed (the "Non- Paying Party") shall within forty five (45) days of its receipt of the invoice containing such disputed amount give notice to the Billing Party of the amounts it disputes ("Disputed Amounts") and include in such notice the specific details and reasons for disputing each item. The Non-Paying Party shall pay when due
(i) all undisputed amounts to the Billing Party and (ii) all Disputed Amounts into an interest bearing escrow account with a third party escrow agent mutually agreed upon by the Parties.
10.2 If the Parties are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party resolve the issues related to the other or if Disputed Amounts in the Mediator agreed upon normal course of business within forty five (45) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the dispute and negotiate in good faith in an effort to resolve such dispute.
10.3 If the Parties are unable or unwilling to actresolve issues related to the Disputed Amounts within forty five (45) days after the Parties' appointment of designated representatives pursuant to Section 10.2, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission may direct release of any or all funds (including any accrued interest) in the escrow account, plus applicable late fees, to be paid to either Party.
10.4 The Parties agree that all negotiations and documents exchanged during negotiations pursuant to this Section 10, if marked “Confidential” or “Proprietary”, shall within ten (10) Working Days be treated as Confidential or Proprietary Information in accordance with Section 20.1.
10.5 Any undisputed amounts not paid when due shall accrue interest from the date such amounts were due at the lesser of (i) one and one-half percent (1-1/2%) per month or (ii) the proposal to appoint a Mediator, or within ten (10) Working Days highest rate of notice to either Party interest that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority charged under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English applicable law.
Appears in 4 contracts
Sources: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Dispute Resolution. I 2.1 The Parties shall attempt in good faith to negotiate 15.1 A Party claiming that a settlement to any dispute between them arising out of or in connection with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute ultimately to the Commercial Director (or such other person as he may direct) of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining Dispute has arisen must promptly give the other Party from doing a Dispute Notice.
15.2 A Party must not commence any act court proceedings in relation to a Dispute, except proceedings for urgent interlocutory relief, unless it has complied with this Clause 15 in relation to that Dispute.
15.3 Despite the existence of a Dispute, the Parties must continue to perform their obligations under this Contract.
15.4 This Clause 15 does not limit or compelling otherwise affect our rights, which includes all of our rights under, this Contract, including our right to terminate it.
15.5 If a Party gives a Dispute Notice under this Clause 15, it is open to either Party to give a Notice of any other issue or dispute connected with the initial Dispute, and all other issues or disputes raised shall be deemed to have been included in the initial Dispute Notice.
15.6 If a Dispute Notice has been given by a Party and that Dispute is the subject of the Dispute resolution process under this Clause 15, neither Party may give a further Dispute Notice which commences a new Dispute resolution process for that Dispute without the consent of the other Party. A Party seeking to give a further Dispute Notice or Dispute Notices must provide evidence to the other Party as to do any act.
I 2.3 If why the dispute new issues that it wishes to raise cannot be resolved managed as part of resolving the current Dispute, and that the Dispute which warrants the giving of a further Dispute Notice is clearly distinguished from, or does not arise as a result of, the Dispute resolution process that was commenced by the Parties pursuant to clause I 2.1 initial Dispute Notice.
15.7 If a Party gives a Dispute Notice, the Parties shall refer it must seek to mediation pursuant resolve that Dispute through good faith negotiations.
15.8 If the Parties are unable to settle a Dispute within seven days of one Party giving a Dispute Notice to the procedure set out in clause
I 2.4 other Party, each Party must appoint a representative with authority to settle the Dispute. The obligations of appointed representatives must meet within a further seven days to attempt to settle the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all timesDispute.
I 2.5 The procedure for mediation and consequential provisions relating 15.9 If the representatives are unable to mediation are as followsresolve the Dispute within seven days of first meeting, the Dispute must be referred within 14 days after their meeting to:
a) a neutral adviser in our case – the Executive Director or mediator (the “Mediator”) shall be chosen by agreement between the PartiesDeputy Secretary, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.their delegate; and
b) The Parties shall in your case – your CEO.
15.10 Our representative and your CEO must meet with each other to seek to resolve the Dispute within ten (10) Working Days seven days after the end of the appointment referral period under Clause 15.9.
15.11 If the Dispute is not resolved within seven days of the Mediator meet with him in order first meeting of our representative and your CEO, we may refer the Dispute to agree a programme for mediation administered by the exchange of all relevant information and the structure ADC according to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a its mediation provider to provide guidance on a suitable procedureguidelines.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating 15.12 If we refer a Dispute to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save thatmediation:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to mediation will be referred to and resolved by arbitration conducted in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on ADC's Guidelines for Commercial Mediation operating at the Authority of its intentions and time the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be Dispute is referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇ADC;
b) the Authority shall give a written notice of arbitration to Parties must (unless they agree otherwise) conduct the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details mediation within 14 days of the issues to be resolvedmediator being appointed;
c) the London Court each Party will pay its own costs of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied attending and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties participating in the absence of any material failure to comply with such rules;mediation; and
d) the tribunal shall consist cost of a sole arbitrator to the ADC and the appointed mediator will be agreed by shared equally between the Parties;.
e) if 15.13 We may notify the Minister of any Dispute.
15.14 In the event that we refer the Dispute to mediation and the Parties fail are unable to agree resolve the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted Dispute in accordance withwith Clause 15.12, English lawor the Dispute is not referred to mediation, then we may refer the Dispute to the Secretary or the Secretary's nominee for determination. A decision made under a referral in accordance with this Clause 15.14 will be final and binding on both Parties.
15.15 This Clause 15 does not apply to a Dispute arising under Clause 11 or Clause 17 or Clause 11 of Schedule 1.
Appears in 4 contracts
Sources: Vet Funding Contract, Vet Funding Contract, Standard Vet Funding Contract
Dispute Resolution. I 2.1 The a. Step One – Negotiation. In the event of a dispute concerning any matter pertaining to this Agreement, the Parties involved shall attempt in good faith to negotiate adjust their differences by informal negotiation. The Party perceiving a settlement to any dispute between them arising out of or in connection with the Contract within twenty (20) Working Days of either Party notifying disagreement persisting after informal attempts at resolution shall notify the other Parties in writing of the dispute and such efforts shall involve the escalation general nature of the dispute ultimately to the Commercial Director (or such other person issues. The letter shall be identified as he may direct) of each Party.
I 2.2 Nothing in this dispute resolution procedure a formal request for negotiation and it shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant to the procedure set out in clause
I 2.4 The obligations propose a date for representatives of the Parties under the Contract to meet. The other Parties shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the Parties, or if they are unable to agree upon a Mediator respond in writing within ten (10) Working Days after a request by one Party business days. The response shall succinctly and directly set out that Party’s view of the issues or state that there is no disagreement. The Parties shall accept the date to the other meet or if the Mediator agreed upon is unable or unwilling to act, either Party shall within propose an alternate meeting date not more than ten (10) Working Days from business days later than the date proposed by the Party initiating dispute resolution. The representatives of the proposal Parties shall meet in an effort to appoint resolve the dispute. If a Mediatorresolution is reached, or the resolution shall be memorialized in a memorandum signed by all Parties, which shall become an addendum to this Agreement. Each Party will bear the cost of its own attorneys, consultants, and other Step One expenses. Negotiation under this provision shall not exceed 90 days. If a resolution is not reached within ten (10) Working Days of notice 90 days, the Parties shall proceed to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediatormediation.
bb. Step Two – Mediation. If the dispute has not been resolved by negotiation within ninety (90) The Parties shall within ten (10) Working Days days of the appointment initial letter proposing negotiation, any Party may demand mediation. The mediator shall be chosen by agreement. Each Party will bear the cost of its own attorneys, consultants, and other Step Two expenses. The parties to the mediation will share the cost of the Mediator meet with him mediator. A successful mediation shall result in order a memorandum agreement, which shall become an addendum to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be heldthis Agreement. Mediation under this provision shall not exceed 90 days. If considered appropriatethe mediation is not successful within 90 days, the Parties may at any stage seek assistance from a mediation provider proceed to provide guidance on a suitable procedurelitigation.
c) c. Step Three – Litigation. Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of agreed by the Parties in writing, Step One and Step Two must be exhausted as a condition precedent to filing of any future proceedings.
d) If legal action. A Party may initiate an action without exhausting Steps One or Two if the statute of limitations is about to expire and the Parties cannot reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing a tolling agreement, or if either of Party determines the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointedpublic health, safety, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute welfare is referred to arbitration pursuant to the procedures set out in clause I 2.6threatened.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English law.
Appears in 4 contracts
Sources: Interlocal Agreement, Interlocal Agreement, Interlocal Agreement
Dispute Resolution. I 2.1 The Parties shall attempt in good faith to negotiate a settlement to 12.1 If any dispute between them arising arises out of or in connection with the Contract within twenty (20) Working Days of either Party notifying Agreement, the parties shall promptly notify each other of the matter in dispute and such efforts (“Dispute”), which shall involve the escalation of the dispute ultimately to the Commercial Director (or such other person as he may direct) of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant to the procedure set out in clause
I 2.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the Parties, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may first instance be referred to the Courts unless Council Representative and the Provider Representative who shall use all reasonable skill, care and diligence to ensure that they receive the views of all parties and considers all solutions proposed with the objective of resolving the dispute is referred and achieving an agreed solution.
12.2 Where the Council Representative and the Provider Representative do not achieve within 14 days of notification of a Dispute a solution acceptable to arbitration pursuant all parties involved, and provided no right of termination has been exercised, then senior representatives of both parties shall meet promptly, and in any event within 21 days of notification of the Dispute, in good faith to discuss and seek to resolve the procedures Dispute.
12.3 Subject to clause 11 (Disputed Sums), the provision of the Service and the Places and the payment of the Grants shall not be affected or suspended in the event of and during any Dispute.
12.4 If within 30 days of notification of a Dispute the processes set out in this clause I 2.610 do not resolve such Dispute to the satisfaction of both parties, either party may refer any Dispute to an adjudicator.
I 2.6 Subject to clause I 2.212.5 To initiate adjudication, a party must serve the Parties shall not institute court proceedings until the procedures set out other with notice in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commencedwriting, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings18 (Notices), it shall serve written notice on the Authority of its intentions intention to refer the Dispute to adjudication ("Adjudication Notice"), setting out the nature of the Dispute and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fitredress sought.
I 2.7 In 12.6 If the event that any arbitration proceedings parties are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail unable to agree the appointment of the arbitrator an adjudicator within ten (10) days of the Arbitration Notice being issued request by the Authority under clause I 2.7 referring party for such an appointment then an appropriate expert (bwilling to act in that capacity hereunder) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;President of the Centre for Effective Dispute Resolution and the parties agree to accept such appointment.
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings 12.7 Disputes shall be governed bydecided by such adjudicator in accordance with the latest Rules of Adjudication of the Centre for Effective Dispute Resolution as in place at the time of the Dispute being referred to such adjudicator, and interpreted costs shall be borne in accordance withsuch proportions as the adjudicator may determine to be fair and reasonable in all the circumstances or, English lawif the adjudicator makes no such determination, by the parties in equal proportions.
12.8 Nothing in this clause 12 shall prevent either party from applying to a court for interim measures.
Appears in 4 contracts
Sources: Local Provider Agreement, Local Provider Agreement, Local Provider Agreement
Dispute Resolution. I 2.1 The Parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute and such dispute. Such efforts shall involve the escalation of the dispute ultimately to the Commercial Director (or such other person as he may direct) of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant to the procedure set out in clauseclause I 2.5 unless (a) the Authority considers that the dispute is not suitable for resolution by mediation; or (b) the Contractor does not agree to mediation.
I 2.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the Parties, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute initiate court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit].
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇Act 1996;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
(i) that the dispute is referred to arbitration; and
(ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English law.
Appears in 4 contracts
Sources: Career Coaching Agreement, Provision of Voluntary Early Intervention, Service Agreement
Dispute Resolution. I 2.1 25.1 The Parties shall attempt to this Agreement undertake and agree to pursue a positive approach towards dispute resolution which seeks to identify a solution at the lowest operational level that is appropriate to the subject of the dispute and which avoids legal proceedings and maintains a strong working relationship between the Parties.
25.2 Any dispute arising in good faith to negotiate a settlement relation to any dispute aspect of this Agreement shall be resolved in accordance with this clause 25
25.3 All disputes, claims or differences between them the Parties arising out of or in connection with this Agreement or its subject matter or formation, including any question regarding its existence, validity or termination, (a “Dispute”) shall, at the Contract written request of any Party be referred by each Party to its Head of Paid Service.
25.4 If the Heads of Paid Service of the Parties do not agree a resolution of the Dispute within twenty (20) ten Working Days of the date of service of any such request the matter shall be referred to the Joint Committee.
25.5 If the Joint Committee is unable to resolve the dispute either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute ultimately to the Commercial Director (or such other person as he may direct) of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining require the other Party from doing any act or compelling by notice in writing to attempt to settle the other Party to do any act.
I 2.3 If Dispute by mediation in accordance with the dispute cannot be resolved by Centre for Dispute Resolution (CEDR) Model Mediation Procedure. Within five Working Days of the Parties pursuant to clause I 2.1 date of service of such notice the Parties shall refer it each propose a mediator and shall seek to mediation pursuant agree as to the procedure set out in clauseselection of a mediator.
I 2.4 The obligations 25.6 If the Parties are unable to agree on a mediator within ten Working Days of date of service of the Parties under notice referred to in clause or the Contract shall not cease, mediator agreed upon is unable or be suspended or delayed by the reference of a dispute unwilling to mediation (or arbitration) act and the Contractor and its Staff Parties cannot agree upon a substitute, any Party may apply to CEDR to appoint a mediator as soon as practicable.
25.7 The Parties shall comply fully with the requirements within five Working Days of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or appointment of the mediator (the “Mediator”) shall be chosen by agreement between the Parties, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all any relevant information and the structure to be adopted for negotiations to be heldthe negotiations. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider CEDR to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all 25.8 All negotiations connected with the dispute and any settlement agreement relating to it Dispute shall be conducted in strict confidence and without prejudice to the rights of the Parties in any future proceedings.
d) 25.9 If the Parties reach agreement on the resolution of the disputeDispute, the such agreement shall be recorded in reduced to writing and shall be binding on the Parties and, once it is signed by the Parties or their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to remain binding upon the Contract without the prior written consent of both Parties.
f) If 25.10 The costs and expenses of the Parties fail to reach agreement mediation shall be borne equally by the Parties. Each Party shall bear its own costs and expenses of its participation in the structured negotiations mediation.
25.11 If mediation fails to secure a resolution within sixty (60) ten Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until attempt to settle the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved Dispute by arbitration in accordance with clause I 2.7
b) if under the Contractor intends to commence court proceedings, it shall serve written notice on the Authority Rules of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and which Rules are deemed to be incorporated by reference into this clause) and otherwise in accordance with clause 25.12.
25.12 In the event that an arbitration is commenced pursuant to clause 25.11 the Contract and Parties agree that:
(a) The tribunal shall consist of one arbitrator who is to be a chartered accountant who is a member of the Consultative Committee of Accountancy Bodies (CCAB) if the dispute relates to a financial matter or a solicitor of at least ten years standing as a qualified solicitor if the dispute relates to any other matter as the Parties may agree in writing;
(b) The place of the arbitration shall be Swansea;
(c) The decision of the arbitrator shall be final and binding on the Parties (save in the absence case of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English lawmanifest error).
Appears in 3 contracts
Sources: Funding Agreement, Funding Agreement, Funding Agreement
Dispute Resolution. I 2.1 The Parties shall attempt in good faith to negotiate a settlement to any 12.1 Any dispute between them arising out of or in connection with this Agreement shall be referred first, by notice in writing, to the Contract ▇▇▇▇ of Faculty at the Institute of Education and the ▇▇▇▇▇▇▇▇▇ Classroom Manager in the school/college, who shall communicate and endeavour to resolve the dispute between them within twenty (20) Working Days 30 days of either Party notifying the other such notice. Any decision of the dispute ▇▇▇▇ of Faculty at the Institute and such efforts the ▇▇▇▇▇▇▇▇▇ Classroom Manager shall involve be reduced to writing and be binding upon the escalation of the dispute ultimately to the Commercial Director (or such other person as he may direct) of each PartyParties.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 12.2 If the dispute cannot be resolved by the Parties pursuant ▇▇▇▇ of Faculty at the Institute and the ▇▇▇▇▇▇▇▇▇ Classroom Manager in the school/college in accordance with clause 12.1, it shall next be referred to a senior representative of each Party nominated respectively by the Director of the Institute and the Headteacher/Principal of the school/college to negotiate with the other Party’s representatives and to attempt to resolve the dispute within 30 days of such referral. Any joint decision of those senior representatives shall be reduced to writing and be binding upon the Parties.
12.3 If the dispute cannot be resolved by the senior representatives of each Party in accordance with clause I 2.1 12.2, the Parties shall refer it matter will be referred to mediation pursuant to in accordance with the model procedure set out in clause
I 2.4 The obligations of the Parties under the Contract shall not ceaseCentre for Dispute Resolution, or London (“CEDR”), and such mediation to be suspended or delayed by the reference completed within 30 days of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements signature of the Contract at all timesCEDR Mediation Agreement.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the Parties, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all 12.4 All negotiations connected with the dispute and any settlement agreement relating to it shall will be conducted in confidence complete confidence, and the Parties undertake not to divulge details of such negotiations except to their professional advisers who will also be subject to such confidentiality. Such negotiations shall be without prejudice to the rights of the Parties in any future proceedings.
d) 12.5 If the Parties accept the mediator’s recommendations or otherwise reach agreement on the resolution of the dispute, the such agreement shall be recorded in reduced to writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided final and binding on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement 12.6 Nothing contained in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then this clause 12 shall restrict any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends Party’s freedom to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice legal proceedings to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that preserve any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fitlegal right or remedy or protect any proprietary or trade secret.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English law.
Appears in 3 contracts
Sources: Partnership Agreement, Partnership Agreement, Partnership Agreement
Dispute Resolution. I 2.1 (a) The Parties shall parties will attempt to settle any claim or controversy arising out of this Agreement or the subject matter hereof through consultation and negotiation in good faith in a spirit of mutual cooperation. Such matters will be initially addressed by the Director of MRI Engineering of ViewRay and the Engineering Director of Tesla, who shall use reasonable efforts to negotiate a settlement attempt to resolve the dispute through good faith negotiations by telephone or in person as may be agreed. If they fail to resolve the dispute within thirty (30) days after either party notifies the other of the dispute, then the matter will be escalated to the Sr. VP of Engineering of ViewRay and the Operations Director of Tesla, or their designees for resolution. They will use reasonable efforts to attempt to resolve the dispute through good faith negotiations by telephone or in person as may be agreed. If they fail to resolve the dispute within thirty (30) days after it is referred to them and do not mutually agree to extend the time for negotiation, then the dispute will be submitted to arbitration in accordance with the procedure set forth in Section 10.2(b).
(b) Except with respect to actions by either party seeking equitable or declaratory relief, any dispute between them claim or controversy arising out of in whole or in part under or in connection with this Agreement or the Contract within twenty (20subject matter hereof that is not resolved pursuant to Section 10.2(a) Working Days of either Party notifying the other of the dispute will be referred to and such efforts shall involve the escalation of the dispute ultimately to finally resolved by arbitration in accordance with the Commercial Director (or such other person as he may direct) of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant to the procedure set out in clause
I 2.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator Arbitration Rules (the “MediatorRules”) shall of the American Arbitration Association as such Rules may be chosen modified by agreement between this Agreement, by one arbitrator, who will be agreed upon by the Parties, or if they parties. If the parties are unable to agree upon a Mediator single arbitrator within ten thirty (10) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (2130) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall is demanded, three arbitrators will be applied and are deemed to be incorporated used, one selected by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator each party within ten (10) days after the conclusion of the Arbitration Notice being issued 30-day period and a third selected by the Authority under clause I 2.7 first two within 10 days thereafter. Unless the parties agree otherwise, they will be limited in their discovery to directly relevant documents. Responses or objections to a document request will be served twenty (b20) or if days after receipt of the person appointed is unable or unwilling request. The arbitrator(s) will resolve any discovery disputes. The foregoing arbitration proceedings may be commenced by either party by notice to act, the arbitrator shall be appointed other party. Unless otherwise agreed by the LCIA;
f) the parties, all such arbitration proceedings shall take place will be held in London New York, New York if initiated by Tesla and in London, England if initiated by ViewRay; provided that proceedings may be conducted by telephone conference call with the consent of the arbitrator. All arbitration proceedings will be conducted in the English language; language and the arbitrator(s) will apply the law of Delaware. The arbitrator(s) will only have the authority to award actual money damages (with interest on unpaid amounts from the date due) and
g, except with respect to a breach or nonperformance of any provision of this Agreement relating to Confidential Information, the arbitrator(s) will not have the authority to award indirect, incidental, consequential, exemplary, special or punitive damages, and the parties expressly waive any claimed right to such damages. The arbitration will be of each party’s individual claims only, and no claim of any other party will be subject to arbitration in such proceeding. The costs and expenses of the arbitration, but not the costs and expenses of the parties, will be shared equally by the parties. If a party fails to [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. proceed with arbitration, unsuccessfully challenges the arbitration proceedings shall award, or fails to comply with the arbitration award, the other party is entitled to costs, including reasonable attorneys’ fees, for having to compel arbitration or defend or enforce the award. Except as otherwise required by law, the parties and the arbitrator(s) will maintain as confidential all information or documents obtained during the arbitration process, including the resolution of the dispute. Judgment on the award granted in any arbitration hereunder may be governed byentered in any court having jurisdiction over the award or any of the parties or any of their respective assets. The provisions of this Section 10.2(b) will not apply to any claim or controversy involving infringement or misappropriation of any Intellectual Property Right of either party, in which case the Claim or controversy may be brought in the state or federal court located in the Southern District of New York. The parties knowingly and interpreted in accordance with, English lawvoluntarily waive their rights to have their dispute tried and adjudicated by a judge and jury except as expressly provided herein.
Appears in 3 contracts
Sources: Development and Supply Agreement (ViewRay, Inc.), Development and Supply Agreement (ViewRay, Inc.), Development and Supply Agreement (Viewray Inc)
Dispute Resolution. I 2.1 The Except for any disputes with respect to non-conforming API, which shall be resolved in accordance with Section 4,6 above, and for any claims pursuant to which a Party is seeking injunctive relief or enforcement of a judgment or as otherwise set forth in Section 11.3.3, all disputes between the Parties shall attempt in good faith relating to negotiate a settlement to any dispute between them or arising out of this Agreement, including but not limited to disputes, claims, defenses involving or requiring the interpretation, validity, enforceability, alleged breach or performance of this Agreement, shall be subject to the following dispute resolution procedure:
11.3.1 Notice of any dispute shall be given by written notice from one Party to the other Party describing the dispute (the “Dispute Notice”). The dispute shall first be presented to the Chief Executive Officer of Osm Kft or his designee and the appropriate executive of Mallinckrodt who is in charge of the sale and marketing of the APIs supplied hereunder. If these individuals are unable to resolve the dispute in a mutually satisfactory manner within thirty (30) calendar days after the date of the Dispute Notice, then the matter shall promptly be submitted to a non-binding mediation before a mediator chosen by, and acceptable to, both Parties, such mediation to be held at a mutually satisfactory location.
11.3.2 If the Parties cannot resolve their dispute through non-binding mediation within thirty (30) calendar days after the dispute is submitted to mediation (but in any event not longer than sixty (60) calendar days after the date of the Dispute Notice), then, if and only if both Parties agree, the matter shall be finally settled under JAMS Comprehensive Arbitration Rules & Procedures (the “Rules”) by an arbitral tribunal composed of three (3) arbitrators, all of whom shall have familiarity with the pharmaceutical/biotechnology industry and be licensed to practice law (the “Qualifications”). Each Party hereto will appoint an arbitrator, and the two Party-appointed arbitrators will attempt to agree on the appointment of the third arbitrator, who will act as chairman of the arbitral tribunal within thirty (30) days commencing after the date of confirmation by the JAMS of the later of their two nominations, and such attempt to agree will be in concert with the respective nominating Patties. Failing such agreement, the chairman shall be appointed in accordance with the Rules. If, at the time of the arbitration, the Parties agree in writing to submit the dispute to a single arbitrator, said single arbitrator, who shall in all events satisfy the Qualifications, shall be appointed by agreement of the Parties, or, failing such agreement, in accordance with said Rules. The language of the arbitration shall be English. The arbitration proceedings shall be conducted in New York, New York, or in connection with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute ultimately to the Commercial Director (or such other person location as he may direct) of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties may mutually agree. The award or outcome resulting from seeking from such arbitration shall be final and binding on the Parties hereto, and judgment on such award may be entered in any court of competent jurisdiction or application may be made to such court for a judicial acceptance of the award and/or an interim order restraining of enforcement, as the other Party from doing any act or compelling the other Party to do any actcase may be.
I 2.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant to the procedure set out in clause
I 2.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the Parties, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 11.3.3 In the event that the Parties select to resolve any arbitration proceedings are commenced pursuant dispute through binding arbitration, nothing in this Section 11.3 restricts either Party’s freedom to clause I 2.6:
a) seek urgent relief to preserve a legal right or remedy, or to protect a proprietary or trade secret right, or to otherwise seek emergency legal or equitable remedies necessary to preserve or restore the arbitration status quo ante pending the outcome of arbitration. If the Parties do not agree to settle any dispute through binding arbitration, then the Parties shall be governed by free to seek any remedies that may be available, at law or in equity, to enforce any of their rights hereunder and the provisions Parties agree that such disputes shall be subject to the exclusive jurisdiction and venue of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration state and federal courts located in New York, New York and each Party hereby consents to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English lawpersonal jurisdiction thereof.
Appears in 3 contracts
Sources: Methylphenidate Supply Agreement (Osmotica Pharmaceuticals PLC), Methylphenidate Supply Agreement (Osmotica Pharmaceuticals LTD), Methylphenidate Supply Agreement (Osmotica Pharmaceuticals LTD)
Dispute Resolution. I 2.1 The Parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute and such dispute. Such efforts shall involve the escalation of the dispute ultimately to the Commercial Director (or such other person as he may direct) of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant to the procedure set out in clauseclause I 2.5 unless (a) the Authority considers that the dispute is not suitable for resolution by mediation; or (b) the Contractor does not agree to mediation.
I 2.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the Parties, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts [Optional from here - unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6].
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English law.
Appears in 3 contracts
Sources: Self Efficacy Advocacy Support Service Agreement, Service Agreement, Service Agreement
Dispute Resolution. I 2.1 31.1 The Parties Partners shall attempt act in good faith and use their reasonable endeavours to negotiate a settlement to any dispute between them resolve disputes arising out of or this Agreement informally in connection with an amicable way.
31.2 The Partners shall first endeavour to resolve a dispute that has arisen through referring the Contract dispute to the relevant director of each affected Partner. If the relevant directors are unable to resolve the dispute to the reasonable satisfaction of the Partners within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute ultimately to the Commercial Director (or such other person as he may direct) of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant to the procedure set out in clause
I 2.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the Parties, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (1015) Working Days of the appointment dispute being referred to them, the dispute shall be referred to the Partnership Board Representatives of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedureaffected Partners.
c) Unless otherwise agreed, all negotiations connected with 31.3 If the Partnership Board Representatives are unable to resolve the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights reasonable satisfaction of the Parties in any future proceedings.
d) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations Partners within sixty twenty (6015) Working Days of the Mediator dispute being appointedreferred to them, or such longer period as the dispute may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless chief executive officers of the Partners, who may, in their absolute discretion resolve the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring or refer the dispute to an arbitrator to be referred to and resolved agreed upon by arbitration the Partners or in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt default of such notice to serve a reply on the Contractor requiring the dispute agreement to be referred nominated by the President of the Institute of Arbitrators.
31.4 The arbitrator shall act as an expert and shall be entitled to make such decision or award as he or she thinks just and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing equitable having regard to the Authority that any dispute relevant circumstances of the dispute. The costs of such arbitration shall follow the event or if none of the Partners succeeds, they shall be referred and resolved by arbitration apportioned between the Partners as the arbitrator, in accordance with clause I 2.7his or her absolute discretion, to which the Authority may consent as it sees thinks fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the 31.5 Any award or decision of the arbitrator shall be final and binding on the Parties Partners.
31.6 If any Partner considers that there is a matter which may affect continuation of its commitment to the Partnership Agreement other than a decision to exercise an option to break under clause 32.1, it should submit a written expression of concern to the Partnership Board which will be tabled for discussion within (twenty) 20 Working Days of receipt of the submission and resolution within forty (40) Working Days of receipt of the submission. If the Partnership Board fails to resolve the matter within forty (40) Working Days a meeting shall be held between the Partnership Board Representatives and the Chief Executive of each Partner within 20 Working Days of the failure to achieve resolution at the Partnership Board. If the Chief Executives fail to resolve the matter in the absence allotted time, then the aggrieved Partner(s) may (with the agreement of any material failure all affected Partners) jointly appoint an independent mediator the costs of which shall be borne equally between the Partners in dispute.
31.7 During the period between a notice to comply terminate being served and termination occurring the Head of Adoption with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment reasonable assistance of the arbitrator within ten (10Partners including the exiting Partner(s) days shall produce a plan for exit and continued provision of the Arbitration Notice being issued Service which shall include (but is not limited to): • staffing arrangements; • future budget; • available premises and assets; and • maintaining the Services both in areas that are remaining in Adoption Partnership South East and the area(s) that are exiting (although for the avoidance of doubt the Head of Adoption will no longer by required to provide the Authority Services in any area that is no longer part of Adoption Partnership South East).
31.8 Nothing in this clause shall prevent any Partner from exercising its rights under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English law.
Appears in 3 contracts
Sources: Partnership Agreement, Partnership Agreement, Partnership Agreement
Dispute Resolution. I 2.1 Either party may commence the dispute resolution process of this Section 6.2 by giving the other party written notice with detailed description and underlying facts (a “Dispute Notice”) of any controversy, claim or dispute of whatever nature arising out of or relating to this Services Agreement or the breach, termination, enforceability or validity hereof (a “Dispute”) which has not been resolved in the normal course of business. The Parties parties shall attempt in good faith to negotiate a settlement to resolve any dispute Dispute by negotiation between them arising out of or executives (excluding Offeror Related Directors as such term is defined in connection with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute Tender Offer Agreement between Symphony Investors LLC, Supervalu Inc., and such efforts shall involve the escalation of the dispute ultimately to the Commercial Director (or such other person as he may directCerberus Capital Management, L.P.) of each Party.
I 2.2 Nothing in party hereto (“Senior Party Representatives”) who have authority to settle the Dispute and who are at a higher level of management than the persons who have direct responsibility for the administration of this dispute resolution procedure Services Agreement. Within 15 days after delivery of the Dispute Notice, the receiving party shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining submit to the other Party from doing any act or compelling the other Party to do any act.
I 2.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant to the procedure set out in clause
I 2.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator written response (the “MediatorResponse”). The Dispute Notice and the Response shall include (i) shall be chosen by agreement between a statement setting forth the Parties, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date position of the proposal party giving such notice and a summary of arguments supporting such position and (ii) the name and title of such party’s Senior Party Representative and any other persons who will accompany the Senior Party Representative at the meeting at which the parties will attempt to appoint settle the Dispute. Within 30 days after the delivery of the Dispute Notice, the Senior Party Representatives of both parties shall meet at a Mediatormutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the Dispute. The parties shall cooperate in good faith with respect to any reasonable requests for exchanges of information regarding the Dispute or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a MediatorResponse thereto.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
di) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall Dispute has not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations been resolved within sixty (60) Working Days days after delivery of the Mediator being appointedDispute Notice, or such longer period if the parties fail to meet within 30 days after delivery of the Dispute Notice as hereinabove provided, the parties shall submit the matter to arbitration contemplated by Section 6.2(c) or any other dispute resolution procedure that may be agreed by the Partiesparties.
(ii) All negotiations, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration conferences and discussions pursuant to this Section 6.2 shall be confidential and shall be treated as compromise and settlement negotiations. Nothing said or disclosed, nor any document produced, in the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt course of such notice to serve a reply on the Contractor requiring the dispute to be referred to negotiations, conferences and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority discussions that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration is not otherwise independently discoverable shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to offered or received as evidence or used for impeachment or for any other purpose in any current or future arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English law.
Appears in 3 contracts
Sources: Transition Services Agreement (Safeway Stores 42, Inc.), Transition Services Agreement (Albertsons Companies, Inc.), Transition Services Agreement (Supervalu Inc)
Dispute Resolution. I 2.1 The Parties shall attempt in good faith to negotiate a settlement to any dispute between them 11.1 Any disputes and/or disagreements arising out of under or in connection with this Agreement, and that have already been referred to the Contract Project Board, and the CFO Programme Board without resolution will be referred in order of consultation to lead Members of Authorities and if still unresolved, to the mediator.
11.2 If a dispute and/or disagreement arises in relation to any aspect of this Agreement, then, save in relation to disputes or disagreements relating to a Matter Reserved to Authorities, the lead Members referred to in Clause 11.1 above shall meet within twenty (20) Working 10 Business Days of either Party notifying the other notification of the occurrence of such dispute and such efforts shall involve attempt to resolve the escalation of the dispute ultimately to the Commercial Director (or such other person as he may direct) of each Partydisputed matter in good faith.
I 2.2 Nothing in this 11.3 In relation to a dispute resolution procedure shall prevent or disagreement relating to a Matter Reserved to Authorities, or if the Parties from seeking from any court Company fails to resolve a dispute or disagreement within 5 Business Days of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 If the dispute cannot be resolved by the Parties meeting pursuant to clause I 2.1 11.2, or fails to meet in accordance with the Parties shall refer it to mediation pursuant to the procedure timescales set out in clause
I 2.4 The obligations of clause 11.2, then any Authority as appropriate may refer the Parties under the Contract shall not cease, matter for resolution by a neutral advisor or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all timesmediator.
I 2.5 11.4 The procedure for mediation and consequential provisions relating to mediation are as follows:follows:-
a) a neutral adviser or 11.4.1 A mediator (“the “Mediator”) shall be chosen by agreement between the Parties, or if parties. If they are unable to agree upon a the identity of the Mediator within ten (10) Working Days after a 10 days of the request by one Party party to the other other, or if the Mediator agreed upon is unable or unwilling to act, either Party party shall within ten (10) Working Days 10 days from the date of the proposal to appoint a Mediator, Mediator or within ten (10) Working Days receipt of notice to either Party notification that he the Mediator is unable or unwilling to act, shall apply to a mediation provider to appoint a Mediator.the Association of Northern Mediators (“ANM”) or ACAS
b) 11.4.2 The Parties shall parties shall, within ten (10) Working Days 14 days of the appointment of the Mediator Mediator, meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties parties may at any stage seek assistance from a mediation provider the ANM/ACAS to provide guidance on a suitable the procedure.
c) 11.4.3 Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties parties in any future proceedings.
d) 11.4.4 If the Parties parties reach agreement on the resolution of the dispute, dispute the agreement shall be recorded confirmed in writing and shall be binding on the Parties parties once it is signed by their duly authorised representatives.officers of the respective Authorities
e) 11.4.5 Failing agreement, either of the Parties parties may invite the Mediator to provide a non-binding but informative written opinionopinion in writing. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract Agreement without the prior written consent of both Parties.all parties
f) 11.4.6 If the Parties parties fail to reach agreement in the structured negotiations within sixty (60) Working Days 30 days of the Mediator being appointed, or such longer period as may be agreed by the Partiesparties, then any dispute or difference between them may be referred to the Courts unless Courts
11.4.7 The parties agree that liability for payment of the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration Mediator’s fees shall be governed split equally between the parties and all other costs arising out of the mediation shall be payable by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with party incurring such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English law.cost
Appears in 3 contracts
Sources: Joint Working Agreement, Joint Working Agreement, Joint Working Agreement
Dispute Resolution. I 2.1 The Parties Each party shall attempt in good faith use its best endeavours to negotiate a settlement to resolve amicably and expeditiously any dispute which may arise between them arising out of concerning these terms, any Order Form or in connection with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute ultimately to the Commercial Director (or such other person as he may direct) of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 documents incorporated by reference therein. If the a dispute cannot be resolved amicably within 7 days of such dispute being notified in writing by the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant one party to the procedure set out in clauseother for the purposes of this clause then the dispute shall be determined as follows
I 2.4 The obligations 7.1 If the dispute is of a technical nature concerning the interpretation of any Order Form or relating to the functions or capabilities of the Parties under Software, any applicable Third Party Software or the Contract shall not cease, Services or be suspended any similar or delayed by related matter or that the reference parties agree is of a technical nature (“Technical Dispute”) then such dispute shall be referred to the next scheduled meeting of the parties or a meeting of the parties expeditiously convened for this purpose
7.2 If such meeting cannot resolve a Technical Dispute to the satisfaction of both parties then the dispute will be referred as a matter of urgency to an appropriately qualified senior manager or director of each party
7.3 If such senior managers or directors cannot resolve a Technical Dispute within 21 days of the meeting referred to in clause 7.1 or such other period that they may agree then the parties shall attempt to settle the dispute by mediation (or arbitration) and the Contractor and its Staff shall comply fully in accordance with the requirements CEDR Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator will be nominated by CEDR. To initiate the mediation a party must give notice in writing (an "ADR Notice") to the other party to the dispute requesting a mediation. A copy of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) request shall be chosen by agreement between the Parties, or if they are unable sent to agree upon a Mediator within ten (10) CEDR Solve. The mediation will start not later than 10 Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a MediatorADR Notice. If the matter has not been resolved by mediation within 30 days of the initiation of such procedure, or if a party will not properly participate in the mediation procedure within ten (10) Working Days 5 days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days of request by the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriateother party, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.77.4
b) 7.4 Non-technical disputes shall be referred as a matter of urgency to the managing directors of each party and if they cannot resolve such dispute within 21 days of it being referred to them then the Contractor intends to commence court proceedings, it dispute shall serve written notice on be determined by the Authority of its intentions English Courts and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing parties hereby submit to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions exclusive jurisdiction of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with those courts for such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English law.purpose
Appears in 3 contracts
Sources: Services Agreement, Ciphr Saas Service Agreement, Cip Saas Service Agreement
Dispute Resolution. I 2.1 (1) The Parties parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the Contract within twenty Contract.
(202) Working Days of either Party notifying If the other of parties cannot resolve the dispute and such efforts shall involve the escalation pursuant to paragraph (1) of this Condition, the dispute ultimately to may, by agreement between the Commercial Director (or such other person as he may direct) of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 If the dispute cannot parties, be resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it referred to mediation pursuant to the procedure set out in clauseparagraph (4) of this Condition.
I 2.4 (3) The obligations performance of the Parties under the Contract Services shall not cease, cease or be suspended or delayed by the reference of a dispute to mediation pursuant to paragraph (or arbitration2) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all timesthis Condition.
I 2.5 The procedure for mediation and consequential provisions relating (4) If the parties agree to mediation are as followsrefer the dispute to mediation:
(a) a neutral adviser or mediator in order to determine the person who shall mediate the dispute (the “Mediator”) the parties shall be chosen by agreement between choose a neutral adviser or mediator from one of the Parties, dispute resolution providers listed by the Government Procurement Service on its website or if they are unable in its printed guidance on dispute resolution within 30 days after agreeing to agree upon a Mediator within ten refer the dispute to mediation;
(10b) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party parties shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days 14 days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties parties may at any stage seek assistance from a mediation provider the Government Procurement Service to provide guidance on a suitable procedure.;
(c) Unless unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties parties in any future proceedings.;
(d) If if the Parties parties reach agreement on the resolution of the disputedispute within 60 days of the Mediator being appointed, or such longer period as may be agreed between the parties, the agreement shall be recorded in reduced to writing and shall be binding on the Parties parties once it is signed by their duly authorised representatives.both the Authority and the Contractor;
(e) Failing agreementfailing agreement within 60 days of the Mediator being appointed, or such longer period as may be agreed between the parties, either of the Parties parties may invite the Mediator to provide a non-binding but informative written opinionopinion in writing. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Partiesparties.
f(5) If the Parties parties do not agree to refer the dispute to mediation, or if the parties fail to reach agreement as to who shall mediate the dispute pursuant to Condition 22(4)(a) or if they fail to reach agreement in the structured negotiations within sixty (60) Working Days 60 days of the Mediator being appointed, appointed or such longer period as may be agreed by the Partiesparties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6courts.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English law.
Appears in 3 contracts
Sources: Contract for the Provision of Consultancy Services, Contract for the Provision of Services, Financial and Commercial Advice Contract
Dispute Resolution. I 2.1 The Parties Any dispute or controversy arising under or in connection with this Agreement, Employee’s employment or termination of employment by Company or Employee’s rights, compensation or benefits under this Agreement or any benefit plan (a “Dispute”) shall be settled in accordance with the procedures described in this Section 19.
19.1 First, the parties shall attempt in good faith to negotiate a settlement resolve any Dispute promptly by negotiations between Employee and executives or directors of Company or Holdings, as the case may be, who have authority to any dispute between them arising out of or in connection with settle the Contract within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute ultimately to the Commercial Director (or such other person as he may direct) of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant to the procedure set out in clause
I 2.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator Dispute (the “MediatorCompany Representatives”). Either party may give the other disputing party written notice of any Dispute not resolved in the normal course of business. Within five (5) days after the effective date of that notice, Employee and Company Representative shall be chosen by agreement between the Parties, or if they are unable to agree upon a Mediator mutually acceptable time and place to meet and shall meet at that time and place, and thereafter as often as they reasonably deem necessary, to exchange relevant information and to attempt to resolve the Dispute. The first of those meetings shall take place within ten thirty (1030) Working Days after a request by one Party to days of the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the effective date of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be helddisputing party’s notice. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall Dispute has not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations been resolved within sixty (60) Working Days days of the Mediator being appointeddisputing party’s notice, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties parties fail to agree the appointment on a time and place for an initial meeting within five (5) days of that notice, either party may initiate mediation and arbitration of the arbitrator Dispute as provided hereinafter. If a negotiator intends to be accompanied at a meeting by an attorney, the other negotiators shall be given at least three (3) business days’ notice of that intention and may also be accompanied by an attorney. All negotiations pursuant to this Section 19 shall be treated as compromise and settlement negotiations for the purposes of applicable rules of evidence and procedure.
19.2 Second, if the Dispute is not resolved through negotiation as provided in Section 19.1, either disputing party may require the other to submit to non-binding mediation with the assistance of a neutral, unaffiliated mediator. If the parties encounter difficulty in agreeing upon a neutral, they shall seek the assistance of JAMS in the selection process.
19.3 Any Dispute that has not been resolved by the non-binding procedures provided in Sections 19.1 and 19.2 within ten ninety (1090) days of the Arbitration Notice being issued initiation of the first of the procedures shall be finally settled by arbitration conducted expeditiously in accordance with the Authority under clause I 2.7 commercial arbitration rules of JAMS or of such similar organization as the parties may mutually agree; provided, that if one party has requested the other to participate in a non-binding procedure and the other has failed to participate within thirty (b30) or if days of the person appointed is unable or unwilling to actwritten request, the arbitrator requesting party may initiate arbitration before the expiration of the period. The arbitration shall be appointed conducted by three independent and impartial arbitrators. Employee shall appoint one arbitrator, Company shall appoint a second arbitrator, and the LCIA;
f) first two arbitrators selected shall appoint a third arbitrator. The arbitration shall be held in Overland Park, Kansas. Judgment may be entered on the arbitrator’s award in any court having jurisdiction. The arbitrators shall award the prevailing party in the arbitration proceedings shall take place its costs and expenses, including reasonable attorney’s fees, incurred in London and connection with the Dispute.
19.4 Notwithstanding the dispute resolution provisions of this Section 19, either party may bring an action in a court of competent jurisdiction in an effort to enforce the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English lawprovisions of this Section 19.
Appears in 3 contracts
Sources: Employment Agreement (NPC Operating Co B, Inc.), Employment Agreement (NPC Operating Co B, Inc.), Employment Agreement (NPC International Inc)
Dispute Resolution. I 2.1 The Parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out 19.1 After receipt of or in connection with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute ultimately to the Commercial Director (or such other person as he may direct) of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant to the procedure set out in clause
I 2.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference notice of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the Parties, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request by from one Party to the other or if Other Party, the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall actively and in good faith negotiate with a view to speedy resolution of any dispute or difference within ten (10) Working 10 Business Days of the notice being received by the Other Party. The dispute may arise between the Parties concerning the interpretation of this Agreement or relating to any other matter arising under this Agreement. In the first instance good faith negotiations shall occur:
(a) between two designated employees of the Parties; and
(b) failing resolution, by negotiation between the Chief Executive Officers of the respective Parties.
19.2 Where any dispute is not resolved pursuant to clause 19.1 within 10 Business Days of one Party giving notice to the other of a proposal for the resolution of the dispute either Party may require the dispute to be referred to mediation by a notice to the Other Party setting out the general nature of the dispute.
19.3 Within 10 Business Days of the notice referring the dispute to mediation the Parties shall agree on the appointment of a mediator and in consultation with the Mediator meet with him in order to agree mediator determine a programme location, timetable and procedure for the exchange mediation.
19.4 Each of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from shall appoint a representative who shall have authority to reach an agreed solution and effect settlement.
19.5 In all matters relating to the mediation provider the Parties and their representatives shall act in good faith and use their best endeavours to provide guidance on a suitable ensure the expeditious completion of the mediation procedure.
c) Unless otherwise agreed, all negotiations connected with 19.6 All proceedings and disclosures in the dispute and any settlement agreement relating to it course of the mediation shall be conducted in confidence and made without prejudice to the rights and positions of the Parties in any future subsequent arbitration or other legal proceedings.
d) If the Parties reach agreement on the resolution 19.7 Any decision or recommendation of the dispute, the agreement shall be recorded in writing and mediator shall be binding on the Parties once in respect of any matters unless within 10 Business Days either Party notifies the Other Party in writing that it is signed by their duly authorised representativesrejects the mediator’s determination.
e) Failing agreement, either 19.8 The costs of the Parties may invite mediation, other than the Mediator to provide a non-binding but informative written opinion. Such an opinion Parties' legal costs, shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed borne equally by the Parties, then who shall be jointly and severally liable to the mediator in respect of the mediator's fees.
19.9 Where at the conclusion of a mediation pursuant to clauses 19.3 to 19.8 any dispute question or difference between them difference, the subject of a mediation notice, may be referred to the Courts unless the dispute is referred by either Party to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of under the Arbitration ▇▇▇ ▇▇▇▇▇ before a sole arbitrator. In relation to an arbitration conducted pursuant to this clause the Parties agree that:
(a) in addition to the stated methods of giving notice, email shall also be permitted;
(b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail will endeavour to agree the appointment choice of the an arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, and failing agreement the arbitrator shall be appointed by the LCIAPresident of the Wellington District Law Society;
f(c) the venue of the arbitration proceedings shall take place in London and in be determined by the English languagearbitrator;
(d) the arbitrator shall not appoint any expert to advise except with the written consent of both Parties; and
g(e) the arbitration proceedings Second Schedule to the Arbitration ▇▇▇ ▇▇▇▇ applies; and
(f) No reference to mediation or the outcome of mediation (if any) shall be governed bymade.
19.10 The Distributor and the Network User shall continue to perform their respective obligations pursuant to the provisions of this Agreement pending the resolution of any question, and interpreted in accordance with, English lawdispute or difference.
19.11 This clause 19 does not apply to any variations to any of the Charges that the Distributor makes except as a result of a dispute pursuant to clause 27.4.
Appears in 3 contracts
Sources: Use of System Agreement, Use of System Agreement, Use of System Agreement
Dispute Resolution. I 2.1 The Parties shall attempt in good faith to negotiate a settlement to agree that if any dispute or disagreement arises between them arising out FRESENIUS on the one hand and XCYTE on the other in respect of this Agreement, they shall follow the following procedure in an attempt to resolve the dispute or disagreement.
(a) The Party claiming that such a dispute exists shall give notice in connection writing (“Notice of Dispute”) to the other Party of the nature of the dispute;
(b) Within fourteen (14) business days of receipt of a Notice of Dispute, a nominee or nominees of FRESENIUS and a nominee or nominees of XCYTE shall meet in person and exchange written summaries reflecting, in reasonable detail, the nature and extent of the dispute, and at this meeting they shall use their reasonable endeavors to resolve the dispute;
(c) If, within a further period of fourteen (14) business days, the dispute has not been resolved, the President of XCYTE and the President of FRESENIUS or their respective designees shall meet at a mutually agreed upon time and location for the purpose of resolving such dispute;
(d) If, within a further period of thirty (30) business days, the dispute has not been resolved or if, for any reason, the required meeting has not been held, then the same shall be submitted by the Parties to expedited arbitration with the Contract International Chamber of Commerce (“ICC”) in Paris, France, such arbitration to be conducted in the English language in accordance with the then-current commercial arbitration rules of the ICC except as otherwise provided herein. Each Party shall choose one (1) arbitrator within twenty (20) Working Days days of either Party notifying the other receipt of notice of the dispute intent to arbitrate and such efforts the two (2) arbitrators so selected shall involve the escalation choose a third arbitrator by mutual agreement within twenty (20) days of the dispute ultimately to selection of the Commercial Director initial two (2) arbitrators; provided that if any of the arbitrators are not selected within period of time stated herein or any extension of time that is mutually agreed upon, the ITI shall make such appointment within twenty (20) days of such failure. The costs of the arbitration shall be shared equally by the Parties; provided that the judgment rendered by the arbitrator shall include reimbursement of the prevailing parties’ costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other person as he may direct) of each Party.
I 2.2 witnesses. Nothing in this dispute resolution procedure Agreement shall prevent the Parties be deemed as preventing either Party from seeking from injunctive relief (or any court other provisional remedy). If the issues in dispute involve scientific, technical or commercial matters, any arbitrator chosen hereunder shall have educational training and/or industry experience sufficient to demonstrate a reasonable level of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any actrelevant scientific, medical and industry knowledge.
I 2.3 If (e) In the dispute cannot be resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant to the procedure set out in clause
I 2.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference event of a dispute to mediation (or arbitration) regarding any payments owing under this Agreement, all undisputed amounts shall be paid promptly when due and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the Partiesbalance, or if they are unable to agree upon a Mediator within ten (10) Working Days any, promptly after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English law.
Appears in 3 contracts
Sources: Collaboration Agreement (Xcyte Therapies Inc), Collaboration Agreement (Xcyte Therapies Inc), Collaboration Agreement (Xcyte Therapies Inc)
Dispute Resolution. I 2.1 The Parties (a) If a dispute arises out of or relating to this Agreement, or the transactions contemplated hereby, or the construction, interpretation, performance, breach, termination, enforceability or validity thereof, whether such claim is based on rights, privileges or interests recognized by or based upon contract, tort, fraud, misrepresentation, statute, common law or any other legal or equitable theory, and whether such claim existed prior to or arises on or after the date hereof (a "Dispute"), the dispute resolution processes set forth in this Article 8 shall govern the resolution of such dispute.
(b) If a Dispute cannot be resolved by the executives having primary managerial responsibility for the matter to which the Dispute pertains, the parties shall attempt in good faith to negotiate a settlement resolve such Dispute promptly by negotiation between executives who have authority to any dispute between them arising out of or in connection with settle the Contract within twenty (20) Working Days of either Party notifying Dispute and who are at the other level of the dispute and such efforts shall involve executives who have negotiated this Agreement ("Senior Party Representatives").
(c) A party may provide any other party notice (a "Dispute Notice") of any Dispute that has not been resolved in the escalation normal course of business. Within ten business days after delivery of the dispute ultimately Dispute Notice, the receiving party shall submit to each other party a response (the Commercial Director (or such other person as he may direct) of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant to the procedure set out in clause
I 2.4 "Response"). The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) Dispute Notice and the Contractor and its Staff Response shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
each include (a) a neutral adviser or mediator statement setting forth the position of the party providing such notice and a summary of arguments supporting such position, and (b) the “Mediator”) name and title of such party's Senior Party Representative and any other Persons who will accompany the Senior Party Representative at the meeting at which the parties will attempt to settle the Dispute. Within 30 business days after delivery of the Dispute Notice, the Senior Party Representatives of the parties shall be chosen by agreement between meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the Parties, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request Dispute. All reasonable requests for information made by one Party party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediatoranother will be honored.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on the resolution Dispute has not been resolved within 50 business days after delivery of the disputeDispute Notice, or if the agreement parties fail to meet within 30 business days after delivery of the Dispute Notice, any party may initiate arbitration of the Dispute as provided below. If no party initiates arbitration within 60 business days after delivery of the Dispute Notice, then the parties shall automatically be released from any and all liability for the Dispute.
(e) All negotiations pursuant to this section shall be recorded treated as compromise and settlement negotiations. Nothing said or disclosed, nor any document produced, in writing and the course of such negotiations that is not otherwise independently discoverable shall be binding on offered or received as evidence or used for impeachment or for any other purpose in any current or future arbitration. The parties agree that all communications and negotiations between the Parties once it parties during the dispute resolution process, any settlements agreed upon during the dispute resolution process and any information regarding the other party obtained during the dispute resolution process (that are not already public knowledge) are confidential and may be disclosed only to employees and agents of the parties who shall have a "need to know" the information and who shall have been made aware of the confidentiality obligations set forth in this Article 8, unless the party is signed required by their duly authorised representativeslaw to disclose such information.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
(f) If the Parties fail to reach agreement Dispute is not resolved as provided in the structured negotiations within sixty paragraphs (60b) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Partiesthrough (d) above, then any dispute or difference between them party may initiate arbitration proceedings by providing each other party notice of such initiation of arbitration. The Dispute shall then be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved settled by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice CPR Non-Administered Arbitration Rules in effect on the Authority date hereof, by a panel of its intentions three arbitrators. Each Party shall select one of the three arbitrators and the Authority two arbitrators so chosen shall have twenty one (21) days following receipt of such notice to serve a reply on select the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration third arbitrator. The arbitrators shall be governed by the United States Arbitration Act, 9 U.S.C. Sections 1-16, and judgment upon the award rendered by the arbitrators may be entered by any court having jurisdiction thereof. The place of arbitration shall be chosen by the three arbitrators. The arbitrators shall be empowered to award only damages that are recoverable under the provisions of Article 9, and each party hereby irrevocably waives any right to recover any other damages with respect to any Dispute. The arbitrators shall not order pre-hearing discovery of documents or the Arbitration ▇▇▇ ▇▇▇▇;
b) taking of depositions, although the Authority shall give a written notice arbitrators may compel the attendance of arbitration witnesses and the production of documents at the hearing to the Contractor extent permitted by the CPR Non-Administered Arbitration Rules.
(g) If a party does not provide a Dispute Notice within one year following the “Arbitration Notice“time the party first knows of the existence of the acts or omissions that give rise to the Dispute, the party shall be forever estopped from asserting the Dispute against any other party.
(h) stating:The reasonable out-of-pocket costs (including reasonable attorneys' fees and expenses) of the prevailing party and the fees of the arbitrators in any arbitration proceeding pursuant to this Article 8 shall be paid by the other party. The arbitrators shall determine which party is the prevailing party for purposes of this paragraph, and shall include such determination in their award. If the arbitrators determine that neither party is the prevailing party for purposes of this paragraph, then each party shall bear its own costs and expenses, including attorneys' fees and expenses, and the parties shall share equally the fees of the arbitrators.
(i) that Notwithstanding the dispute is referred foregoing, but subject to arbitration; and
ii) providing details Section 4.3, nothing in this Agreement shall preclude the parties from seeking injunctive or other equitable relief from a court with regard to any breach of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English lawthis Agreement.
Appears in 3 contracts
Sources: GSM Operating Agreement (American Cellular Corp /De/), GSM Operating Agreement (Dobson Communications Corp), GSM Operating Agreement (Dobson Communications Corp)
Dispute Resolution. I 2.1 Either party may commence the dispute resolution process of this Section 6.2 by giving the other party written notice with detailed description and underlying facts (a “Dispute Notice”) of any controversy, claim or dispute of whatever nature arising out of or relating to this Services Agreement or the breach, termination, enforceability or validity hereof (a “Dispute”) which has not been resolved in the normal course of business. The Parties parties shall attempt in good faith to negotiate a settlement to resolve any dispute Dispute by negotiation between them arising out of or executives (excluding Offeror Related Directors as such term is defined in connection with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute Tender Offer Agreement between Symphony Investors LLC, Supervalu Inc., and such efforts shall involve the escalation of the dispute ultimately to the Commercial Director (or such other person as he may directCerberus Capital Management, L.P., dated January 10, 2013) of each Party.
I 2.2 Nothing in party hereto (“Senior Party Representatives”) who have authority to settle the Dispute and who are at a higher level of management than the persons who have direct responsibility for the administration of this dispute resolution procedure Services Agreement. Within 15 days after delivery of the Dispute Notice, the receiving party shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining submit to the other Party from doing any act or compelling the other Party to do any act.
I 2.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant to the procedure set out in clause
I 2.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator written response (the “MediatorResponse”). The Dispute Notice and the Response shall include (i) shall be chosen by agreement between a statement setting forth the Parties, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date position of the proposal party giving such notice and a summary of arguments supporting such position and (ii) the name and title of such party’s Senior Party Representative and any other persons who will accompany the Senior Party Representative at the meeting at which the parties will attempt to appoint settle the Dispute. Within 30 days after the delivery of the Dispute Notice, the Senior Party Representatives of both parties shall meet at a Mediatormutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the Dispute. The parties shall cooperate in good faith with respect to any reasonable requests for exchanges of information regarding the Dispute or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a MediatorResponse thereto.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
di) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall Dispute has not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations been resolved within sixty (60) Working Days days after delivery of the Mediator being appointedDispute Notice, or such longer period if the parties fail to meet within 30 days after delivery of the Dispute Notice as hereinabove provided, the parties shall submit the matter to arbitration contemplated by Section 6.2(c) or any other dispute resolution procedure that may be agreed by the Partiesparties.
(ii) All negotiations, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration conferences and discussions pursuant to this Section 6.2 shall be confidential and shall be treated as compromise and settlement negotiations. Nothing said or disclosed, nor any document produced, in the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt course of such notice to serve a reply on the Contractor requiring the dispute to be referred to negotiations, conferences and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority discussions that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration is not otherwise independently discoverable shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to offered or received as evidence or used for impeachment or for any other purpose in any current or future arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English law.
Appears in 3 contracts
Sources: Transition Services Agreement (Safeway Stores 42, Inc.), Transition Services Agreement (Albertsons Companies, Inc.), Transition Services Agreement (Supervalu Inc)
Dispute Resolution. I 2.1 The Parties shall attempt in good faith In the event that the School and Board have disputes regarding the terms and conditions of the charter or any other issue regarding the School and authorizer’s relationship, both parties agree to negotiate follow the process below:
i. In the event of a settlement to any dispute between them arising out the School and Granite School District, the staff and Board of or Directors/Trustees of the School and District agree to first frame the issue in connection written format, then refer the issue to the Superintendent of the District and Principal of the School. In the event that the authorizer believes that the dispute relates to an issue that could lead to revocation of the charter, this shall be specifically noted in the written dispute statement.
ii. The principal and superintendent shall informally meet and confer in a timely fashion to attempt to resolve the dispute. In the event that this informal meeting fails to resolve the dispute, both parties shall identify two governing board members from their respective boards who shall jointly meet with the Contract superintendent and principal and attempt to resolve the dispute. If this joint meeting fails to resolve the dispute, the superintendent and the principal shall meet to jointly identify a neutral, third party mediator.
iii. The principal and superintendent are required to meet at least once, but may mutually agree to meet more than once if it appears that further meetings may successfully resolve the issue. If the Parties do not successfully resolve the dispute by this informal meeting, then the Party finding the informal meeting unsatisfactory shall provide written notice to the other Party, demanding mediation. The demand for mediation may not be given prior to the first informal meeting, and shall not be given any later than ninety (90) calendar days following the completion of the first informal meeting. The demand for mediation shall be sent certified mail-return receipt requested to the other Party, and shall set forth all of the issues that Party deems outstanding that must be submitted to mediation.
iv. The Party in receipt of the demand for mediation shall respond within twenty (20) Working Days of either Party notifying business days listing any issues it deems appropriate for submission to the other mediator.
v. Within twenty (20) calendar days or less of the dispute and such efforts shall involve the escalation of the dispute ultimately to the Commercial Director (or such other person as he may direct) of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent written Request for Mediation, the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 shall agree on one mediator. If the dispute Parties cannot agree on a mediator, they will request appointment of a mediator by Utah Dispute Resolution. The costs of mediation shall be resolved borne by the Parties pursuant to clause I 2.1 equally. Recommendations from the Parties mediator shall refer it to mediation pursuant to the procedure set out in clause
I 2.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all timesnon-binding.
I 2.5 The procedure vi. Any such controversies (except those for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (which the “Mediator”appropriate remedy should be injunctive relief) shall be chosen by agreement between the Parties, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations mediated within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) calendar days of the Arbitration Notice being issued by date on the Authority under clause I 2.7 (b) written demand for mediation, or if the person appointed soonest date thereafter that the mediator is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English lawavailable.
Appears in 3 contracts
Sources: Charter School Agreement, Charter School Agreement, Charter School Agreement
Dispute Resolution. I 2.1 The Parties shall attempt in good faith to negotiate a settlement to any dispute between them Any controversy or claim arising out of or related to this Agreement or the alleged breach thereof shall be sent by the claimant party ("Claimant") via registered or certified mail to the other party ("Respondent"). The Respondent must review and provide a written response to Claimant within thirty (30) days of receipt of any such claim, and any claim is deemed rejected in connection its entirety if not responded to within the thirty (30) day period. If the Claimant disputes the Respondent's written response, or lack of response, the Claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the Respondent shall schedule a meet and confer conference within thirty (30) days for settlement of the dispute. Within ten (10) business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the Respondent shall provide the Claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within (sixty) 60 days after the Respondent issues its written statement. Any disputed portion of the claim, as identified by the Claimant in writing, shall be submitted to nonbinding mediation, with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute ultimately to the Commercial Director (or such other person as he may direct) of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant to the procedure set out in clause
I 2.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) Respondent and the Contractor Claimant sharing the associated costs equally. The Respondent and its Staff Claimant shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating mutually agree to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the Parties, or if they are unable to agree upon a Mediator within ten (10) Working Days business days after the disputed portion of the claim has been identified in writing. If the Parties cannot agree upon a request by one mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third Party to mediate with regard to the other or if disputed portion of the Mediator agreed upon is unable or unwilling to act, either claim. Each Party shall within ten (10) Working Days from bear the date fees and costs charged by its respective mediator in connection with the selection of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be heldneutral mediator. If considered appropriatemediation is unsuccessful, the Parties may at pursue any stage seek assistance from a mediation provider and all rights in law or in equity to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected with the dispute and resolve any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the remaining disputes or claims. The Parties in any future proceedings.
d) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be acknowledge that one such option may include binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail mutually agree to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the pursue arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English lawat that time.
Appears in 3 contracts
Sources: Consultant Agreement, Consultant Agreement, Consultant Agreement
Dispute Resolution. I 2.1 The Parties 10.1 No claims, under this Agreement or its Appendices, shall attempt in good faith to negotiate a settlement to any dispute between them arising out be brought for disputed amounts more than twelve (12) months from the date of or in connection with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute ultimately occurrence which gives rise to the Commercial Director (or such other person as he may direct) dispute. Under this Section 10.1, if any portion of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other amount due to a Party from doing any act or compelling the other Party to do any act.
I 2.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant to the procedure set out in clause
I 2.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement "Billing Party" under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the "Non-Paying Party") shall within forty five (45) days of its receipt of the invoice containing such disputed amount give notice to the Billing Party of the amounts it disputes ("Disputed Amounts") and include in such notice the specific details and reasons for disputing each item. LEVEL 3 will utilize the standard form provided by the appropriate LSC/LECC or if they CSC (in the case of claims relating to collocation) for submission of billing disputes. The Non-Paying Party shall pay when due (i) all undisputed amounts to the Billing Party and (ii) all Disputed Amounts into an interest bearing escrow account with a third party escrow agent mutually agreed upon by the Parties.
10.2 If the Parties are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party resolve the issues related to the other or if Disputed Amounts in the Mediator agreed upon normal course of business within forty five (45) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the dispute and negotiate in good faith in an effort to resolve such dispute.
10.3 If the Parties are unable or unwilling to actresolve issues related to the Disputed Amounts within forty five (45) days after the Parties' appointment of designated representatives pursuant to Section 10.2, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission may direct release of any or all funds (including any accrued interest) in the escrow account, plus applicable late fees, to be paid to either Party.
10.4 The Parties agree that all negotiations and documents exchanged during negotiations pursuant to this Section 10, if marked “Confidential” or “Proprietary”, shall within ten (10) Working Days be treated as Confidential or Proprietary Information in accordance with Section 20.1.
10.5 Any undisputed amounts not paid when due shall accrue interest from the date such amounts were due at the lesser of (i) one and one-half percent (1-1/2%) per month or (ii) the proposal to appoint a Mediator, or within ten (10) Working Days highest rate of notice to either Party interest that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority charged under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English applicable law.
Appears in 3 contracts
Sources: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Dispute Resolution. I 2.1 The Parties Each party shall attempt in good faith use its best endeavours to negotiate a settlement to resolve amicably and expeditiously any dispute which may arise between them arising out of concerning these terms, any Order Form or in connection with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute ultimately to the Commercial Director (or such other person as he may direct) of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 documents incorporated by reference therein. If the a dispute cannot be resolved amicably within 7 days of such dispute being notified in writing by the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant one party to the procedure set out other for the purposes of this clause then the dispute shall be determined as follows
7.1 If the dispute is of a technical nature concerning the interpretation of any Order Form or relating to the functions or capabilities of the Software, any applicable Third Party Software or the Services or any similar or related matter or that the parties agree is of a technical nature (“Technical Dispute”) then such dispute shall be referred to the next scheduled meeting of the parties or a meeting of the parties expeditiously convened for this purpose
7.2 If such meeting cannot resolve a Technical Dispute to the satisfaction of both parties then the dispute will be referred as a matter of urgency to an appropriately qualified senior manager or director of each party
7.3 If such senior managers or directors cannot resolve a Technical Dispute within 21 days of the meeting referred to in clause
I 2.4 The obligations of 7.1 or such other period that they may agree then the Parties under parties shall attempt to settle the Contract shall not cease, or be suspended or delayed dispute by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully in accordance with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement CEDR Model Mediation Procedure. Unless otherwise agreed between the Partiesparties, or if they are unable to agree upon the mediator will be nominated by CEDR. To initiate the mediation a Mediator within ten party must give notice in writing (10an "ADR Notice") Working Days after a request by one Party to the other or if party to the Mediator agreed upon is unable or unwilling dispute requesting a mediation. A copy of the request shall be sent to act, either Party shall within ten (10) Working Days from CEDR Solve. The mediation will start not later than 10 working days after the date of the proposal to appoint a MediatorADR Notice. If the matter has not been resolved by mediation within 30 days of the initiation of such procedure, or if a party will not properly participate in the mediation procedure within ten (10) Working Days 5 days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days of request by the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriateother party, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.77.4
b) 7.4 Non technical disputes shall be referred as a matter of urgency to the managing directors of each party and if they cannot resolve such dispute within 21 days of it being referred to them then the Contractor intends to commence court proceedings, it dispute shall serve written notice on be determined by the Authority of its intentions English Courts and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing parties hereby submit to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions exclusive jurisdiction of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with those courts for such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English law.purpose
Appears in 3 contracts
Sources: Cip Saas Service Agreement, Saas Agreement, Cip Saas Service Agreement
Dispute Resolution. I 2.1 The If a dispute occurs between the Parties concerning any matter governed by this Agreement, the disputing Party shall attempt in good faith promptly advise the other Party and the Parties together shall use all reasonable efforts to negotiate resolve the dispute informally. If the Parties are unable to resolve the dispute informally within five (5) Work Days, the Contractor shall then give Notice within ten (10) Work Days of the complaint to the WLCF Representative, which particulars shall include the following: a settlement to any dispute between them arising out detailed description of or in connection with the nature of the complaint; a list of the relevant provisions of the Contract Documents; and an evaluation by the Contractor of the matters in dispute. The WLCF shall, within twenty (20) Working Work Days of either Party notifying receipt by the other WLCF Representative of the dispute and such efforts shall involve written particulars, give the escalation Contractor a decision, in writing, of one of the dispute ultimately to following: that the Commercial Director (WLCF accepts the position of the Contractor; or such other person as he may direct) that the WLCF rejects the position of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Contractor. If the WLCF accepts the position of the Contractor, the Parties from seeking from any court shall enter into an Amending Document to reflect the Agreement. If the WLCF rejects the position of competent jurisdiction an interim order restraining the other Party from doing any act or compelling Contractor, the other Party Parties shall proceed to do any act.
I 2.3 mediation with a mutually agreed upon third party. If the dispute canis not be resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant to the procedure set out in clause
I 2.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation within fifteen (or arbitration15) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the Parties, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, or within ten (10) Working Work Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriatemediator, then the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreedmay, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on the resolution of the disputeif they both agree, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred proceed to arbitration pursuant to the procedures set out Commercial Arbitration Act. If the matter in clause I 2.6.
I 2.6 Subject dispute is not resolved promptly pursuant to clause I 2.2Section 14.01, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority WLCF Representative may at any time before court proceedings are commenced, serve a notice on give to the Contractor requiring instructions that in his or her opinion are necessary to provide for the dispute proper performance of the Work and to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if prevent delays. If the Contractor intends receives instructions pursuant to commence court proceedingsSection 14.06, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring shall act immediately to carry out the dispute Work pursuant to the instructions, but any Work performed by the Contractor in this respect shall be referred without prejudice to and resolved by arbitration in accordance with clause I 2.7
c) any claim the Contractor may request by notice have concerning the dispute. Nothing in writing to the Authority that any this Article precludes either Party from having a dispute be referred and resolved by arbitration in accordance with clause I 2.7a court of competent jurisdiction, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration although no steps shall be governed taken by either Party to initiate legal proceedings until after the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules process described in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English lawSections 14.01 through 14.03 has been completed.
Appears in 3 contracts
Sources: Operational Services Contract, Operational Services Contract, Operational Services Contract
Dispute Resolution. I 2.1 The Parties shall attempt 14.1 If a dispute arises between the Council and the BID Company in good faith to negotiate a settlement relation to any matter which cannot be resolved either party may refer such dispute between them arising to the dispute resolution procedure set out in Clause 14.2 or 14.3, as appropriate, below.
14.2 In the first instance each of or the Council and the BID Company shall arrange for senior representatives of both parties to meet solely in connection order to resolve the matter in dispute. Such meeting(s) shall be minuted and conducted in such manner and at such venue (including a meeting conducted over the telephone) as to promote a consensual resolution of the dispute in question.
14.3 If the meeting(s) referred to in Clause 14.2 does not resolve the matter in question then the parties will attempt to settle it by mediation in accordance with the Contract within twenty Centre for Effective Dispute Resolution (20“CEDR”) Working Days of either Party notifying Model Mediation Procedure or any other model mediation procedure as agreed by the parties. In such circumstances the following shall apply:
14.3.1 to initiate a mediation the parties may give notice in writing (a Mediation Notice) to the other requesting mediation of the dispute and shall send a copy thereof to CEDR or an equivalent mediation organisation as agreed by the parties asking them to nominate a mediator;
14.3.2 the mediation shall commence within 28 days of the Mediation Notice being served;
14.3.3 neither party will terminate such efforts shall involve mediation until each of them has made its opening presentation and the escalation mediator has met each of them separately for at least one hour. Thereafter paragraph 14 of the Model Mediation Procedure will apply (or the equivalent paragraph of any other model mediation procedure agreed by the parties);
14.3.4 neither party to the mediation will commence legal proceedings against the other until 30 days after such mediation of the dispute ultimately in question has failed to resolve the Commercial Director (or dispute;
14.3.5 the parties will co-operate with any person appointed as mediator providing him with such information and other person assistance as he may direct) of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act require and will pay his costs, as he shall determine or compelling the other Party to do any act.
I 2.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant to the procedure set out in clause
I 2.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the Parties, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to determination such costs will be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English languageshared equally; and
g) the arbitration proceedings 14.3.6 nothing in this clause 14 shall be governed by, and interpreted in accordance with, English lawprejudice or prohibit either party from pursuing any claim via court proceedings.
Appears in 3 contracts
Sources: Baseline Agreement, Baseline Agreement, Bid Baseline Agreement
Dispute Resolution. I 2.1 The Parties shall attempt in good faith to negotiate 15.1 In case of a settlement to any dispute between them arising out of or in connection with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute ultimately to the Commercial Director (or such other person as he may direct) of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 If the dispute arising under this Agreement (which cannot be resolved by the Parties pursuant hereto) the matter or issue shall be referred to clause I 2.1 an independent expert for determination and the Parties following provisions shall refer it apply:-
(a) The expert is to mediation pursuant to the procedure set out in clause
I 2.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed appointed by the reference of a parties in dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the Parties, jointly or if they are unable do not agree on the appointment appointed by the President of the Law Society or his duly appointed deputy or other person authorised by him to agree upon make such appointments on his behalf;
(b) The person appointed is to act as an expert and not as an arbitrator;
(c) The expert must afford the parties in dispute the opportunity within such a Mediator within ten reasonable and proper time limit as he may stipulate to make representations to him (10accompanied by professional valuation reports or other appropriate evidence in the relevant circumstances) Working Days after a request by one Party and permit each party to the dispute to make submission on the representations of the other;
(d) The expert will if deemed necessary engage the assistance of such advisers of other professions whose expertise is necessary to resolve issues arising from the dispute;
(e) The fees and expenses of the expert including the cost of his nomination are to be borne as the expert directs or in the absence of a direction by the parties in dispute in equal shares but the parties in dispute will bear their own costs with respect to the determination of the issue by the expert.
(f) One party to the dispute may pay the fees expenses and costs required to be borne by another if they remain unpaid for more than fifteen working days after they become due and then recover on demand from the Mediator agreed upon is unable or unwilling other party to the dispute these and the incidental expenses incurred;
(g) If the expert refuses to act, either Party shall within ten (10) Working Days from becomes incapable of acting or dies any party to the date of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days of dispute may request the appointment of the Mediator meet with him another expert in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.his place under paragraph 15.1(a);
c(h) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights The determination of the Parties independent expert (except in any future proceedings.
dcase of manifest error) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall is to be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used parties in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be until referred to the Courts unless courts by a party to the dispute is referred for determination, and in any such proceedings the courts will have full power to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2open up, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 review and I 2.3 have been completed save that:
a) the Authority may at revise any time before court proceedings are commencedcertificate, serve a opinion, decision, valuation, requisition or notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that given or made under this Agreement or any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions determination of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration expert, including an award as to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English lawcosts.
Appears in 3 contracts
Sources: Voluntary Partnership Agreement, Voluntary Partnership Agreement, Voluntary Partnership Agreement
Dispute Resolution. I 2.1 The Parties shall attempt in good faith If the parties are unable to negotiate a settlement to resolve any dispute between them arising out of under or in connection with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute ultimately to the Commercial Director (or such other person as he may direct) of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant to the procedure set out in clause
I 2.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are this Agreement, the parties may resolve such disagreement or dispute as follows:
(a) a neutral adviser or mediator Either party may, by written notice to the other party (the “Mediator”"DISPUTE NOTICE"), request that a designated representative from each of the parties attempt to resolve the matter. Within fifteen (15) shall be chosen by agreement between days after delivery of the PartiesDispute Notice such representatives of both parties will use good faith efforts to schedule a meeting at a mutually acceptable time and place to attempt to resolve the dispute.
(b) If the matter has not been resolved within thirty (30) days after delivery of the Dispute Notice, or if they such representatives fail to meet within fifteen (15) days after delivery of such Dispute Notice, either party may initiate mediation in accordance with the procedures set forth in (C) below. All negotiations conducted by such representatives shall be confidential and shall be treated as compromise and settlement negotiations for purposes of federal and state rules of evidence.
(c) If such representatives are unable to resolve the dispute or have failed to meet, the parties may elect to participate in a nonbinding mediation procedure as follows:
(A) A mediator will be selected by having counsel for each party agree upon on a Mediator within ten single person to act as mediator. The parties' counsel as well as up to three (103) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date representatives of each of the proposal to appoint parties will appear before the mediator at a Mediatortime and place determined by the mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within more than sixty (60) Working Days days after delivery of the Mediator being appointed, or such longer period as may Dispute Notice. The fees of the mediator and other costs of the mediation will be agreed shared equally by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6parties.
I 2.6 Subject (B) Each party will present a review of the matter and its position with respect to clause I 2.2, such matter. At the Parties conclusion of both presentations the parties may ask questions of each other. Either party may abandon the mediation procedure at the end of the presentation and question periods and the mediation procedure shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on either party.
(C) If the Parties matter is not resolved after applying the mediation procedure set forth above, or if either party refuses to take part in the absence mediation process, either party may initiate legal proceedings to resolve their dispute.
(D) The provisions of any material failure to comply with such rules;
d) the tribunal this Section 13 shall consist of not preclude a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten party form instituting legal proceedings seeking injunctive relief (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to actincluding, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed bywithout limitation, and interpreted in accordance with, English law.a temporary restraining
Appears in 3 contracts
Sources: Telecommunications Services Agreement (Amerivision Communications Inc), Telecommunications Services Agreement (Amerivision Communications Inc), Telecommunications Services Agreement (Amerivision Communications Inc)
Dispute Resolution. I 2.1 The Parties shall 15.1 If a dispute arises between the parties in connection with this Agreement, the parties agree to use the following procedure as a condition precedent to any party pursuing other available remedies:
(a) either party may notify the other by written notice (“Notice of Dispute”) of the existence of a dispute and a desire to resolve the dispute by mediation;
(b) a meeting will be held promptly between the parties, attended by individuals with decision-making authority regarding the dispute, to attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the Contract within twenty (20) Working Days of either Party notifying the other resolution of the dispute and dispute;
(c) if, within forty-eight (48) hours after such efforts shall involve the escalation of the dispute ultimately a meeting or such further period as is agreeable to the Commercial Director (or such other person as he may direct) of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant to the procedure set out in clause
I 2.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator parties (the “MediatorNegotiation Period”) shall be chosen by agreement between the Parties, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate), the Parties may at any stage seek assistance from parties have not succeeded in negotiating a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on the resolution of the dispute, they agree to submit the agreement shall dispute to mediation and to bear equally the costs of mediation;
(d) the parties will jointly appoint a mutually acceptable mediator (who must be recorded an expert in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.subject matter of the dispute), within forty- eight (48) hours of the conclusion of the Negotiation Period;
(e) Failing agreement, either the parties agree to participate in good faith in the mediation and negotiations related thereto for a period of thirty (30) days following appointment of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, mediator or for such longer period as the parties may be agreed by agree. If the Partiesparties are not successful in resolving the dispute through mediation or if the mediation has not commenced within fourteen (14) days following the appointment of the mediator or if the parties cannot agree upon the mediator appointment, then any dispute or difference between them may be referred to the Courts unless parties agree that the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve will be settled by a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration single arbitrator in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedingsCommercial Arbitration Act, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7R.S.B.C. 1996, to which the Authority may consent Chapter 55, as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the amended. The decision of the arbitrator shall will be final and binding and will not be subject to appeal on the Parties in the absence a question of any material failure to comply with such rules;fact, law, or mixed fact and law; and
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the costs of mediation or arbitration proceedings will be awarded by the mediator or arbitrator in his or her absolute discretion.
15.2 In no event shall take place in London the foregoing be construed as impeding or affecting the District’s authority to enforce its zoning and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English lawother regulatory bylaws.
Appears in 3 contracts
Sources: Phased Development Agreement, Phased Development Agreement, Phased Development Agreement
Dispute Resolution. I 2.1 The Parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the Contract within twenty (20) 20 Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute ultimately to the Commercial Director (or such other person as he may direct) of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 I2.1 the Parties shall refer it to mediation pursuant to the procedure set out in clauseclause I2.5 unless (a) the Authority considers that the dispute is not suitable for resolution by mediation; or (b) the Contractor does not agree to mediation.
I 2.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the Parties, or if they are unable to agree upon a Mediator within ten (10) 10 Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) 10 Working Days from the date of the proposal to appoint a Mediator, or within ten (10) 10 Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) 10 Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) 60 Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2I2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 I2.1 and I 2.3 I2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7I2.7.
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) 21 days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7I2.7.
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7I2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6I2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇Act 1996;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 I2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) 10 days of the Arbitration Notice being issued by the Authority under clause I 2.7 I2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English law.. FORM OF AGREEMENT IN WITNESS of which this Contract has been duly executed by the Parties on the date and year written below. SIGNED for and on behalf of SIGNED for and on behalf of The Secretary of State for Work and Pensions Name Name Position Position Signature Signature Date Date SCHEDULE 1 – THE SERVICES
Appears in 3 contracts
Sources: Provision of Plain English Services, Health Related Support Provision Contract, Construction Contract
Dispute Resolution. I 2.1 The Parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute ultimately to the Commercial Director (or such other person as he may direct) of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 I2.1 the Parties shall refer it to mediation pursuant to the procedure set out in clauseclause I2.5 unless (a) the Authority considers that the dispute is not suitable for resolution by mediation; or (b) the Contractor does not agree to mediation.
I 2.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the Parties, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2I2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 I2.1 and I 2.3 I2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7I2.7.
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7I2.7.
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7I2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6I2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 I2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 I2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English law.
Appears in 3 contracts
Sources: Provision of Services Agreement, Specialist Support Agreement, Specialist Support Agreement
Dispute Resolution. I 2.1 The Parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute ultimately to the Commercial Director (or such other person as he may direct) of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 I2.1 the Parties shall refer it to mediation pursuant to the procedure set out in clauseclause I2.5 unless (a) the Authority considers that the dispute is not suitable for resolution by mediation; or (b) the Provider does not agree to mediation.
I 2.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor Provider and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the Parties, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6I2.6.
I 2.6 Subject to clause I 2.2I2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 I2.1 and I 2.3 I2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor Provider requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7I2.7.
b) if the Contractor Provider intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor Provider requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7I2.7.
c) the Contractor Provider may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7I2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6I2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor Provider (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 I2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 I2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English law. This agreement has been entered into on the date stated at the beginning of it.
Appears in 3 contracts
Sources: Contract for the Provision of Residential Training, Contract for the Provision of Residential Training, Contract for the Provision of Residential Training
Dispute Resolution. I 2.1 The Parties (a) All disputes relating to the approval of any budgets pursuant to Section 9.4(b)(iii) shall be resolved by an Expert in favor of the Party advocating the position that is most likely to maximize NOI (as defined in the Hotel Management Agreement) and in accordance with the procedures set forth in this Section 9.11(a). If a Member is entitled to and elects to have an Expert designated, it shall notify the other Member in writing and the Members shall attempt to designate a mutually acceptable Expert within five (5) Business Days of such notice. In the event that the Members are unable to agree upon an Expert within such period, each of the Members shall select an individual meeting the requirements of an Expert (“Expert Designee”) within two (2) Business Days, and the two (2) Expert Designees shall thereafter meet in good faith to negotiate a settlement to any dispute between them arising out of or within five (5) Business Days and select an Expert in connection accordance with the Contract qualifications set forth in this Agreement. If the Expert Designees are unable to agree on an Expert within such five (5) Business Days, the Members shall have the option to either (i) select a new set of Designees to select an Expert in accordance with this Section 9.11(a) or grant the current Expert Designees and additional five (5) calendar days to mutually agree upon an Expert. The Expert shall establish, in its sole and absolute discretion, the procedure for resolving the dispute, including what evidence to consider, whether to allow written submissions, and whether to hold a hearing, subject to the following:
(i) unless otherwise agreed by the Members, the Expert shall hold at least one (1) proceeding at which the Members present and respond to evidence, which shall take place on a Business Day not later than ten (10) Business Days from the date notice of the dispute is given or as soon thereafter as the Expert is available. Unless otherwise agreed, all proceedings shall be conducted at the Hotel;
(ii) the Expert has the power to demand from either Member whatever information in that Party’s possession the Expert deems necessary to resolve the dispute;
(iii) no attorneys may appear on behalf of either Member (although either Member may use attorneys for their own consultation or advice);
(iv) the Expert shall schedule and conduct all proceedings with the objective of resolving the dispute as quickly and efficiently as possible; and
(v) the Members shall not engage in any communications with an Expert except in response to formal requests by an Expert or at proceedings scheduled by an Expert. All decisions of the Expert, absent fraud, willful misconduct or demonstrated conflict of interest, are final and binding on the Members (without appeal or review) and are enforceable in any court of competent jurisdiction. During the pendency of the Expert resolution proceedings, the Parties shall share equally the fees and expenses of an Expert. The Members shall otherwise bear their own costs and expenses of the Expert resolution proceedings, including each Member’s respective attorneys’ fees and costs.
(b) In the event that the Members are unable to mutually agree on any other dispute which expressly provides for resolution under this Section 9.11, such dispute shall be settled as follows:
(i) The Members shall work together in good faith and a spirit of mutual cooperation to attempt to resolve the applicable arbitrable dispute for a period of ten (10) business days after notice from one Member to the other referencing this Section 9.11(b)(i) (the “Discussion Period”); and
(ii) If within the Discussion Period the Members fail to resolve the applicable arbitrable dispute, then either Member may promptly thereafter file an arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and upon the issuance of a judgment on the award rendered by the arbitrator(s) thereunder, such judgment may be entered in any court having jurisdiction thereof. All arbitration proceedings and hearings shall occur in New York, New York. For avoidance of doubt, any failure by Managing Member and Co-Managing Member to approve the Major Decisions, except for Section 9.4(b)(iii), shall not constitute a dispute for which arbitration under this Section 9.11 is available.
(c) Within ten (10) days after the commencement of arbitration, the parties shall attempt to mutually agree upon a single person to act as arbitrator. If the parties cannot agree on a single arbitrator within such ten (10) day period, then, within twenty (20) Working Days days after the commencement of either Party notifying arbitration, each party shall select one person to act as arbitrator and the other two selected shall select a third arbitrator within five (5) days of their appointment. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the American Arbitration Association. Should this selection procedure fail for any reason, the arbitrators shall be appointed as provided in the Commercial Arbitration Rules of the dispute and such efforts shall involve American Arbitration Association. The arbitrator(s) selected should be competently knowledgeable in the escalation subject matter of the dispute ultimately dispute.
(d) The arbitrator(s) shall award reasonable attorneys’ fees and expenses to the Commercial Director prevailing party, if a prevailing party, if any, can be reasonably identified. The arbitrator(s) shall make its/their determination in accordance with the laws of the State of New York (or such other person as he may directDelaware, in the case of decisions involving this Agreement and/or corporate laws generally). The arbitrator(s) shall make specific, written findings of each Partyfact and conclusions of law.
I 2.2 Nothing in (e) A party may apply to the arbitrator(s) seeking injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. A party also may, without waiving any remedy under this dispute resolution procedure shall prevent the Parties from seeking Agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of competent jurisdiction an interim order restraining that party, pending the other Party from doing any act establishment of the arbitration tribunal (or compelling pending the other Party to do any actarbitration tribunal’s determination of the merits of the controversy).
I 2.3 (f) Each party to this Agreement agrees that it may be joined as an additional party to an arbitration involving other parties to this Agreement. If more than one arbitration is begun under this Agreement and any party contends that two or more arbitrations are substantially related and that the dispute cannot issues should be resolved heard in one proceeding, the arbitrator(s) selected in the first-filed of such proceedings shall determine whether, in the interests of justice and efficiency, the proceedings should be consolidated before those arbitrator(s).
(g) The filing of an arbitration proceeding by the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant to the procedure set out in clause
I 2.4 The obligations of the Parties under the Contract any Member shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the Parties, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.
ctime (i) Unless prohibit, limit or otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to adversely affect the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing either Member to deliver a Buy-Sell Notice and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty exercise its rights under Section 10.3 or (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of prohibit or otherwise adversely affect the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence rights of any material failure Member to comply with such rules;
d) the tribunal shall consist initiate and close a Transfer, right of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (first offer, buy-sell or any other rights under Article 10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English law.
Appears in 2 contracts
Sources: Membership Interest Agreement, Limited Liability Company Operating Agreement (Carey Watermark Investors Inc)
Dispute Resolution. I 2.1 The 10.1 Any dispute or question arising between the Parties shall attempt in good faith relation to negotiate a settlement the provisions of this Agreement is to any dispute between them arising out be referred for determination of or an Independent expert in connection accordance with the Contract within twenty (20) Working Days remaining provisions of either Party notifying this Clause 10.
10.2 The expert is to have had at least ten years’ experience appropriate to the other general subject matter of the dispute and such efforts shall involve is to be appointed by the escalation Parties jointly or if they cannot or do not agree on the appointment appointed by which of the following is agreed to be appropriate having regard to the nature of the dispute ultimately in question:
10.2.1 the president from time to time of the Royal Institution of Chartered Surveyors;
10.2.2 the present of the Royal Institution of British Architects;
10.2.3 the president for the time being of the Institution of Civil Engineers;
10.2.4 the chairman for the time being of the Bar Council or in any case the duly appointed deputy of the president or other person authorized by him to make appointments on his behalf
10.3 If within 15 working days after a dispute has arisen the Parties in dispute have been unable to agree which of the persons referred to in clause 10.2 is appropriate to appoint the expert then the expert shall be appointed on the application of either or one party to the Commercial Director (President for the time being of the Law Society or such his duly appointed deputy or other person authorized by him to make appointments.
10.4 The person so appointed is to act as an expert and not as an arbitrator and is to be required to use his reasonable endeavours to deliver his determination within 21 days from his appointment.
10.5 The expert so appointed must afford the Parties the opportunity within such a reasonable and proper time limit as he may directstipulate to make representations to him (accompanied by such professional reports or other appropriate evidence in the relevant circumstances) and permit each Party to make submissions on the representations of each Partythe other.
I 2.2 Nothing 10.6 The fees and expenses of the expert including the cost of his nomination are to be borne as the expert may direct (but in this dispute resolution procedure shall prevent the absence of such a direction by the Parties in equal shares) but (unless otherwise agree) the Parties will bear their own costs with respect to the determination of the issue by the expert.
10.7 One Party may pay the costs required to be borne by another Party if they remain unpaid for more than 21 days after they become due and then recover these and any incidental expenses incurred from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any acton demand.
I 2.3 10.8 If the dispute cannot be resolved by expert refuses to act becomes incapable of acting or dies the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant to the procedure set out in clause
I 2.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the Parties, or if they are unable to agree upon a Mediator within ten (10) Working Days after a may request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him another expert in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedurehis stead.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights 10.9 The determination of the Parties independent expert except in any future proceedings.
d) If the Parties reach agreement on the resolution case of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it manifest error is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English lawdispute.
Appears in 2 contracts
Sources: Joint Risk Sharing Agreement, Joint Risk Sharing Agreement
Dispute Resolution. I 2.1 The Parties shall attempt 16.10.1 Prior to initiating arbitration, Purchaser and Bayer will negotiate in good faith to negotiate resolve, pursuant to the procedures described in Section 16.10.2, any dispute, controversy, difference or Action asserted by a settlement to any dispute between them Bayer Indemnified Person against Purchaser or by a Purchaser Indemnified Person against Bayer arising out of or related to this Agreement or the negotiation or performance hereof (a “Claim”), including any Claim for indemnification pursuant to Section 14 hereof, but excluding any Claim for indemnification between the parties governed by Section 14.4.5. Notwithstanding the foregoing, either party may apply to any court having jurisdiction pursuant to Section 16.12 without negotiating to resolve the Claim pursuant to Section 16.10.2 with respect to any Action seeking preliminary or emergency injunctive relief in connection accordance with the Contract within twenty (20) Working Days of either Party notifying Section 16.11.11 or any Action seeking equitable relief to enforce Section 9.6 or as contemplated by Section 16.13.
16.10.2 Bayer or Purchaser may give the other of the dispute and such efforts shall involve the escalation of the dispute ultimately to the Commercial Director (or such other person as he may direct) of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant to the procedure set out in clause
I 2.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference party written notice of a dispute to mediation Claim not resolved in the normal course of business (or arbitration) and the Contractor and its Staff shall comply fully with the requirements “Notice of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “MediatorDispute”) shall be chosen by agreement between the Parties, or if they are unable to agree upon a Mediator within ). Within ten (10) Working Business Days after delivery of such Notice of Dispute, executives of Bayer and Purchaser who have authority to settle the Claim shall agree to meet at a request by one Party mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to the consult and negotiate with each other or if the Mediator agreed upon is unable or unwilling in good faith and, recognizing their mutual interests, attempt to act, either Party shall within ten (10) Working Days from the date of the proposal reach a just and equitable solution satisfactory to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be heldsuch parties. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall Claim has not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations been resolved within sixty thirty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (1030) days of the Arbitration Notice being issued by the Authority under clause I 2.7 first meeting of such executives (b) or or, if the person appointed parties are unable to mutually agree upon an acceptable time and place to meet, within thirty (30) days of the disputing party’s Notice of Dispute), Purchaser or Bayer may, by notice to the other party (“Dispute Escalation Notice”), refer the Claim to the respective officers of the parties designated below. For Bayer: President and Chairman of the Board of Management For Purchaser: Chief Executive Officer Such officers shall negotiate in good faith to resolve the Claim in a manner satisfactory to Purchaser and Bayer within thirty (30) days of the Dispute Escalation Notice. In the event the Claim is unable or unwilling not resolved within such thirty (30) day period, either party may initiate arbitration pursuant to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English lawSection 16.11.
Appears in 2 contracts
Sources: License and Asset Purchase Agreement (Spectrum Pharmaceuticals Inc), License and Asset Purchase Agreement (Spectrum Pharmaceuticals Inc)
Dispute Resolution. I 2.1 The Parties shall attempt in good faith to negotiate 14.1 A dispute arises for the purpose of this clause 14 on the date which a settlement to any dispute between them arising out of or in connection with the Contract within twenty (20) Working Days of either Party notifying party notifies the other party of the existence of the dispute and such efforts shall involve the escalation of its intention to resolve the dispute ultimately to the Commercial Director (or such other person as he may direct) of each Partyin accordance with this clause 14.
I 2.2 Nothing 14.2 Save in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant to the procedure set out in clause
I 2.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference case of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) concerning Substantial Completion which shall be chosen by agreement between the Parties, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.714.10 hereunder, before resorting to arbitration the parties shall:
(a) use reasonable efforts to attempt to resolve the dispute through an inter-party working group formed in accordance with clause 14.4; and
(b) if in the Contractor intends event that the dispute is not resolved by the inter-party working group under subclause 14.2(a) within seven (7) Business Days of the dispute being notified, escalate the dispute to commence court proceedingssenior management, it which shall serve written notice include managers holding the actual or equivalent positions of Vice President or higher ("Senior Management Date").
14.3 If senior management is unable to resolve the dispute within fifteen (15) Business Days of the Senior Management Date the parties may refer the dispute to arbitration.
14.4 For the purpose of sub-clause 14.2(a), an inter-party working group will comprise two nominated representatives from each party (a total of 4 persons), who have a detailed working knowledge of the dispute and a sufficient level of authority to resolve the dispute on behalf of the Authority party whom they represent. The administrative functions of the working group are to be shared equally between the parties. Each party shall bear its intentions and own administrative costs. The parties shall form the Authority inter-party working group within two (2) Business Days of a dispute being notified.
14.5 Subject to the other provisions of this Agreement, the parties shall have continue to comply with their respective obligations under this Agreement while a dispute is pending resolution, with any dispute resolution activities undertaken in accordance with this section 14.
14.6 If the parties are unable to reach a consensual settlement (either through an inter-party working group or through senior management) within twenty one (21) days following receipt of such notice Business Days after the first written communication sent hereunder, either party may commence arbitration hereunder.
14.7 Any claim or dispute arising out of, in connection with or relating to serve a reply on the Contractor requiring the dispute to this Agreement, including any question concerning its existence, validity, termination or interpretation which is not resolved by an inter-party working group or through senior management, shall be referred to fully and finally settled under and resolved by binding and mandatory arbitration to be conducted in accordance with this clause I 2.7
c) the Contractor may request by notice in writing 14. Such arbitration shall, subject to the Authority Arbitration Ordinance (Cap.341 of the Laws of Hong Kong), be the exclusive means and procedure to finally settle any such claims.
14.8 Notwithstanding any other law, rule or regulation to the contrary, the parties agree that this clause 14 will be interpreted and construed as a presently effective and enforceable written agreement to arbitrate, and must be given effect as such, and the parties' signature to this Agreement will constitute prima facie evidence of the existence of a valid written agreement to arbitrate.
14.9 Except as provided for in the Arbitration Ordinance, the parties hereby expressly waive any right that they may have to require the exhaustion of local administrative, judicial or alternative dispute resolution remedies as a condition of any interim remedy proceeding being brought or commenced under this Agreement by either of the parties hereto.
14.10 Any dispute between or among the parties shall be referred and resolved settled by arbitration at the initiation of either party in the Hong Kong Special Administrative Region in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;Ordinance). Any arbitration shall be conducted in the English language.
b) 14.11 Any arbitration will be conducted before one single arbitrator to be jointly appointed by iAsiaWorks and iAdvantage failing agreement to be nominated by the Authority shall give Chairman of the Hong Kong Institute of Surveyors or such organisation that may replace it from time to time. The arbitrator will be paid for his or her services at a rate to be determined by the parties and failing agreement to be determined by the Chairman of the Hong Kong Institute of Surveyors or such organisation that may replace it from time to time, based upon reasonable hourly or daily consulting rates for the arbitrator in the event the parties are not able to agree upon his or her rate of compensation.
14.12 Upon the conclusion of any arbitration proceedings hereunder, the arbitrator will render findings of fact and conclusions of law and a written notice of arbitration opinion setting forth the basis and reasons for any decision reached and will deliver such documents to the Contractor (parties to the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details dispute, along with a signed copy of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration award. The arbitrator chosen in accordance with I 2.7 (b) shall be applied and are deemed these provisions will not have the power to be incorporated by reference to alter, amend or otherwise affect the Contract and terms of the arbitration provisions set forth herein or any other provision of this Agreement. The final decision of the arbitrator shall will be binding on furnished to the Parties parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of writing and will constitute a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment conclusive determination of the arbitrator within ten (10) days of the Arbitration Notice being issued issue in question, binding upon such parties. Any monetary award rendered by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) currency of the arbitration proceedings shall be governed byHong Kong Special Administrative Region and the arbitrator may award such pre-award or post-award interest, and interpreted in accordance withsimple or compound, English lawas such arbitrator consider appropriate.
Appears in 2 contracts
Sources: Lease (Iasiaworks Inc), Lease (Iasiaworks Inc)
Dispute Resolution. I 2.1 The Parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute and such dispute. Such efforts shall involve the escalation of the dispute ultimately to the Commercial Director (or such other person as he may direct) of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant to the procedure set out in clauseclause I 2.5 unless (a) the Authority considers that the dispute is not suitable for resolution by mediation; or (b) the Contractor does not agree to mediation.
I 2.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the Parties, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6].
I 2.6 Subject to clause I 2.2, the Parties shall not institute initiate court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit].
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
(i) that the dispute is referred to arbitration; and
(ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English law.
Appears in 2 contracts
Sources: Employment Agreement, Employment Agreement
Dispute Resolution.
I 2.1 The Parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the Contract within twenty (20) 20 Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute ultimately to the Commercial Director (or such other person as he may direct) of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 I2.1 the Parties shall refer it to mediation pursuant to the procedure set out in clauseclause I2.5 unless (a) the Authority considers that the dispute is not suitable for resolution by mediation; or (b) the Contractor does not agree to mediation.
I 2.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the Parties, or if they are unable to agree upon a Mediator within ten (10) 10 Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) 10 Working Days from the date of the proposal to appoint a Mediator, or within ten (10) 10 Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) 10 Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) 60 Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2I2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 I2.1 and I 2.3 I2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7I2.7.
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) 21 days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7I2.7.
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7I2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6I2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 I2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) 10 days of the Arbitration Notice being issued by the Authority under clause I 2.7 I2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English law.
Appears in 2 contracts
Sources: Contract for Services, Employability Programme Contract
Dispute Resolution. I 2.1 (1) The Parties parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the Contract within twenty Contract.
(202) Working Days of either Party notifying If the other of parties cannot resolve the dispute and such efforts shall involve the escalation pursuant to paragraph (1) of this Condition, the dispute ultimately to may, by agreement between the Commercial Director (or such other person as he may direct) of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 If the dispute cannot parties, be resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it referred to mediation pursuant to the procedure set out in clauseparagraph (4) of this Condition.
I 2.4 (3) The obligations performance of the Parties under the Contract Services shall not cease, cease or be suspended or delayed by the reference of a dispute to mediation pursuant to paragraph (or arbitration2) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all timesthis Condition.
I 2.5 The procedure for mediation and consequential provisions relating (4) If the parties agree to mediation are as followsrefer the dispute to mediation:
(a) a neutral adviser or mediator in order to determine the person who shall mediate the dispute (the “Mediator”) the parties shall be chosen by agreement between choose a neutral adviser or mediator from one of the Parties, dispute resolution providers listed by the Government Procurement Service on its website or if they are unable in its printed guidance on dispute resolution within 30 days after agreeing to agree upon a Mediator within ten refer the dispute to mediation;
(10b) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party parties shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days 14 days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties parties may at any stage seek assistance from a mediation provider the Government Procurement Service to provide guidance on a suitable procedure.;
(c) Unless unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties parties in any future proceedings.;
(d) If if the Parties parties reach agreement on the resolution of the disputedispute within 60 days of the Mediator being appointed, or such longer period as may be agreed between the parties, the agreement shall be recorded in reduced to writing and shall be binding on the Parties parties once it is signed by their duly authorised representatives.both OGA and the Contractor;
(e) Failing agreementfailing agreement within 60 days of the Mediator being appointed, or such longer period as may be agreed between the parties, either of the Parties parties may invite the Mediator to provide a non-binding but informative written opinionopinion in writing. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Partiesparties.
f(5) If the Parties parties do not agree to refer the dispute to mediation, or if the parties fail to reach agreement as to who shall mediate the dispute pursuant to Condition 22(4)(a) or if they fail to reach agreement in the structured negotiations within sixty (60) Working Days 60 days of the Mediator being appointed, appointed or such longer period as may be agreed by the Partiesparties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6courts.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English law.
Appears in 2 contracts
Sources: Standard Terms and Conditions of Contract for Services, Standard Terms and Conditions of Contract for Services
Dispute Resolution. I 2.1 The Parties (a) In the event there is a dispute between Purchaser and Seller regarding this Agreement, or with respect to the performance by a Seller of its obligations hereunder (whether in respect of a matter which has previously been resolved pursuant to this Section 10.5 or otherwise), prior to any party instituting any action or claim or pursuing any other remedy hereunder, the parties shall attempt in good faith to negotiate reach agreement on a settlement resolution of the dispute. If such attempts are unable to resolve the dispute, the parties shall seek to resolve the dispute in accordance with the provisions of this Section 10.5.
i) The party which is the disputing party (the “Disputing Party”) shall send a written notice describing the dispute or issue (the “Dispute Notice”) to the other party (the “Notice Receiver”).
A) Within fifteen (15) days of the Notice Receiver’s receipt of a Dispute Notice, the Parties shall conduct a meeting, attended by an executive designated by each Party (a “Step One Meeting”). If resolved at the Step One Meeting or at any dispute between them other time prior to the expiration of such 15-day period, the Disputing Party shall re-send the original Dispute Notice to the other Party with a written and signed acknowledgment that it has been withdrawn. B) The matter shall be considered unresolved if at any time the parties agree in writing that it is unresolved or the original Dispute Notice has not been withdrawn within fifteen (15) days after conclusion of the Step One Meeting
ii) If the matter remains unresolved after the Step One Meeting, either of the Parties may initiate any claim or pursue or exercise any of its rights or remedies hereunder, at law or in equity pursuant to Section 10.5 (b)
(b) All disputes arising out of or in connection with this Agreement shall be finally settled under the Contract within twenty (20) Working Days Rules of either Party notifying the other Arbitration of the dispute and such efforts International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. The place of arbitration shall involve the escalation be Singapore. The language of the dispute ultimately arbitral proceedings shall be English. Judgment upon any award(s) rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator(s) are authorized to include in the Commercial Director (or award an allocation to any party of such other person costs and expenses, including attorneys’ fees, as he may direct) of each Party.
I 2.2 the arbitrator shall deem reasonable. Nothing in this dispute resolution procedure Agreement shall prevent the Parties either party from seeking provisional measures from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant to the procedure set out in clause
I 2.4 The obligations of the Parties under the Contract shall not ceasejurisdiction, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the Parties, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and such request shall not be used deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in evidence their arbitration, together with all materials in any the proceedings relating created for the purpose of the arbitration and all other documents produced by another party in the proceedings not otherwise in the public domain, save and to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as extent that disclosure may be agreed required of a party by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7legal duty, to which the Authority may consent as it sees fitprotect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English law.
Appears in 2 contracts
Sources: Transition Services Agreement (Ixys Corp /De/), Transition Services Agreement (Ixys Corp /De/)
Dispute Resolution. I 2.1 24.1 The Parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute ultimately to the Commercial Director Project Manager (or such other person as he may directequivalent) in the case of each Partythe Provider and the Lead Officer (or equivalent) in the case of the Council (NPCDG).
I 2.2 24.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of the competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 24.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 24.1 the Parties dispute shall refer it be referred to mediation pursuant to the procedure set out in clauseclause 24.5 unless:
I 2.4 24.3.1 the Council considers that the dispute is not suitable for resolution by mediation; or
24.3.2 the Provider does not agree to mediation.
24.4 The obligations performance of the Parties under the Contract shall not ceasebe suspended, cease or be suspended or delayed by the reference of a dispute to mediation and the Provider (or arbitrationemployee, agent, supplier or sub-contractor) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 24.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) 24.5.1 a neutral adviser or mediator (“the “Mediator”) shall be chosen by agreement Contract between the PartiesParties or, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, Mediator or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider the Law Society of England and Wales to appoint a Mediator.;
b) The 24.5.2 the Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider the Law Society of England & Wales to provide guidance on a suitable procedure.;
c) Unless 24.5.3 unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement Contract relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.;
d) If 24.5.4 if the Parties reach agreement Agreement on the resolution of the dispute, the agreement Contract shall be recorded produced in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.;
e) Failing agreement, 24.5.5 failing Agreement either of the Parties may invite the Mediator to provide a non-binding but informative written opinionopinion in writing. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the this Contract without the prior written consent of both Parties.;
f) If 24.5.6 if the Parties fail to reach agreement Agreement in the structured negotiations within sixty thirty (6030) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6Courts.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English law.
Appears in 2 contracts
Dispute Resolution. I 2.1 24.1. The Parties parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the Contract within twenty (20) Working Days of either Party notifying Agreement.
24.2. If the other of the dispute and such efforts shall involve the escalation of the dispute ultimately to the Commercial Director (or such other person as he may direct) matter remains unresolved 30 business days thereafter, an appropriate representative of each Party.
I 2.2 Nothing in this dispute resolution procedure parties' senior management shall prevent meet to discuss and attempt to resolve the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 disputed matter. If the matter remains unresolved after a further 15 business days following such meeting, then such dispute cannot shall be resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it referred to mediation pursuant to the procedure set out in clausesub-Clause 24.4 below.
I 2.4 24.3. The obligations of the Parties under Consultancy in relation to the Contract performance of the Services shall not cease, cease or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and in accordance to the Contractor and its Staff shall comply fully with the requirements provisions of the Contract at all timesthis Clause.
I 2.5 24.4. The procedure for mediation and consequential provisions relating to mediation are as follows:
a) 24.4.1. a neutral adviser or mediator ("the “Mediator”") shall be chosen by agreement between the Partiesparties or, or if they are unable to agree upon a the identity of the Mediator within ten (10) Working Days 10 business days after a request by one Party party to the other other, or if the Mediator agreed upon is unable or unwilling to act, either Party party shall within ten (10) Working Days 10 business days from the date of the proposal Statement of Works to appoint a Mediator, Mediator or within ten (10) Working Days 10 business days of notice to either Party party that he is unable or unwilling to act, apply to a mediation provider the Centre for Dispute Resolution ("CEDR") to appoint a Mediator.;
b) The Parties 24.4.2. the parties shall within ten (10) Working Days 10 business days of the appointment of the Mediator meet with him them in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties parties may at any stage seek assistance from a mediation provider the CEDR to provide guidance on a suitable procedure.;
c) Unless 24.4.3. unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement Iagreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties parties in any future proceedings.;
d) If 24.4.4. if the Parties parties reach agreement on the resolution of the dispute, the agreement shall be recorded in reduced to writing and shall be binding on the Parties parties once it is signed by their duly authorised representatives.both Client and the Consultancy;
e) Failing 24.4.5. failing agreement, either of the Parties parties may invite the Mediator to provide a non-binding but informative written opinionopinion in writing. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract Agreement without the prior written consent of both Parties.parties;
f) If 24.4.6. if the Parties parties fail to reach agreement in the structured negotiations within sixty (60) Working Days 40 business days of the Mediator being appointed, appointed or such longer period as may be agreed by the Partiesparties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6tothe courts.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English law.
Appears in 2 contracts
Sources: Consultancy Agreement, Consultancy Agreement
Dispute Resolution. I 2.1 The Parties 13.1 Except as otherwise set forth in this Agreement, the parties shall attempt in good faith to negotiate a settlement to resolve any dispute between them arising out of or in connection with related to this Agreement, including but not limited to any claim of breach, termination or invalidity, promptly by negotiations between the Contract within twenty (20) Working Days Chief Executive Officer of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute ultimately to the Commercial Director (or such other person as he may direct) of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant to the procedure set out in clause
I 2.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) Nanogen and the Contractor and its Staff shall comply fully with the requirements President of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the Parties, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration Becton Dick▇▇▇▇▇ ▇▇▇▇;
b) robiology Systems or other executives of the Authority shall parties who have authority to settle the dispute. Either party may give a the other party written notice of arbitration any dispute not resolved in the normal course of business. Within twenty (20) days after delivery of such notice, executives of both parties shall discuss by telephone or meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to exchange relevant information, and to attempt to resolve the dispute. If the matter has not been resolved within forty (40) days of the disputing party s notice, the matter shall be referred to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred Board of Directors of Nanogen and to arbitration; and
ii) providing details such executive officer of Bccton knowledgeable of the issues subject matter thereof as the Chief Executive Officer of Becton in his discretion shall nominate for further consideration in an attempt to resolve the matter. If a negotiator intends to be resolved;
c) accompanied at a meeting by an attomey, the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) other negotiator shall be applied given at least three (3) working days' notice of such intention, and may also be accompanied by an afforney. All negotiations pursuant to Paragraph 13.1 and pursuant to Paragraph 13.2 are deemed to confidential and shall be incorporated by reference to treated as compromise and settlement negotiations for the Contract and the decision purposes of the arbitrator shall be binding on Federal Rules of Evidence and any state rules of evidence.
13.2 If a matter has not been resolved under the Parties procedures set forth in Paragraph 13.1 above within sixty (60) days of the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) disputing Party's notice, or if the Parties parties fail to agree the appointment of the arbitrator discuss or meet within twenty (20) days, then within ten (10) days thereafter, either party may, but shall not be obligated to, initiate nonbinding mediatdon of the Arbitration Notice being issued controversy or claim under the Center for Public Resources Model ADR Procedures for Mediation of Business Disputes (the HCPR Proceduresn). Once the mediation is initiated by one party, the Authority under clause I 2.7 other party agrees to participate in and conduct mediation in accordance with the CPR Procedures in good faith and not pursue other legal remedies while such mediation is proceeding. If neither party initiates mediation within the ten (b10) -9- 124 day period, or if the person appointed is unable or unwilling dispute has not been resolved by such mediation within sixty (60) days following initiation of mediation, either party may pursue all remedies available.
13.3 All applicable statutes of limitations and defenses based on the passage of time shall be tolled while the negotiation and mediation procedures set forth in Paragraphs 13.1 and 13.2 are pending. The parties will take such action, if any, as may be reasonably required to acteffectuate such tolling.
13.4 Notwithstanding the foregoing, the arbitrator remedy at law for any breach of the provisions of this Agreement may be inadequate, and, accordingly, an aggrieved party seeking equitable relief or remedies for such a breach shall be appointed by have the LCIA;
f) right and is hereby granted the arbitration proceedings shall take place privilege, in London and addition to all other remedies at law or in the English language; and
g) the arbitration proceedings shall be governed byequity, and interpreted to proceed directly in accordance with, English lawa court of competent jurisdiction to seek temporary or preliminary equitable relief.
Appears in 2 contracts
Sources: Master Agreement (Nanogen Inc), Master Agreement (Nanogen Inc)
Dispute Resolution. I 2.1 The Parties Each party shall attempt in good faith use its best endeavours to negotiate a settlement to resolve amicably and expeditiously any dispute which may arise between them arising out of concerning these terms, any Order Form or in connection with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute ultimately to the Commercial Director (or such other person as he may direct) of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 documents incorporated by reference therein. If the a dispute cannot be resolved amicably within 7 days of such dispute being notified in writing by the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant one party to the procedure set out in clauseother for the purposes of this clause 7 then the dispute shall be determined as follows
I 2.4 The obligations 7.1 If the dispute is of a technical nature concerning the interpretation of any Order Form or relating to the functions or capabilities of the Parties under Software, any applicable Third Party Software or the Contract shall not cease, Services or be suspended any similar or delayed by related matter or that the reference parties agree is of a technical nature (“Technical Dispute”) then such dispute shall be referred to the next scheduled meeting of the parties or a meeting of the parties expeditiously convened for this purpose
7.2 If such meeting cannot resolve a Technical Dispute to the satisfaction of both parties then the dispute will be referred as a matter of urgency to an appropriately qualified senior manager or director of each party
7.3 If such senior managers or directors cannot resolve a Technical Dispute within 21 days of the meeting referred to in clause 7.1 or such other period that they may agree then the parties shall attempt to settle the dispute by mediation (or arbitration) and the Contractor and its Staff shall comply fully in accordance with the requirements CEDR Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator will be nominated by CEDR. To initiate the mediation a party must give notice in writing (an "ADR Notice") to the other party to the dispute requesting a mediation. A copy of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) request shall be chosen by agreement between the Parties, or if they are unable sent to agree upon a Mediator within ten (10) CEDR Solve. The mediation will start not later than 10 Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a MediatorADR Notice. If the matter has not been resolved by mediation within 30 days of the initiation of such procedure, or if a party will not properly participate in the mediation procedure within ten (10) Working Days 5 days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days of request by the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriateother party, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.77.4
b) 7.4 Non-technical disputes shall be referred as a matter of urgency to the managing directors of each party and if they cannot resolve such dispute within 21 days of it being referred to them then the Contractor intends to commence court proceedings, it dispute shall serve written notice on be determined by the Authority of its intentions English Courts and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing parties hereby submit to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions exclusive jurisdiction of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with those courts for such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English law.purpose
Appears in 2 contracts
Sources: Service Agreement, Services Agreement
Dispute Resolution. I 2.1 (a) The Parties parties shall be free to bring all differences of interpretation and disputes arising under or related to this Agreement to the attention of the other party at any time without prejudicing their harmonious relationship and operations hereunder and the offices and facilities of either party shall be available at all times for the prompt and effective adjustment of any and all such differences, either by mail, telephone, or personal meeting, under friendly and courteous circumstances. Notwithstanding the foregoing, any controversy, claim, or breach arising out of or relating to this Agreement which the parties are unable to resolve to their mutual satisfaction shall be resolved in accordance with subparagraph (b) below.
(b) As a condition precedent to invoking any other dispute resolution procedure including litigation, the parties shall attempt in good faith first to negotiate a settlement mediate such dispute and use their best efforts to any dispute between them arising out reach agreement on the matters in dispute. Within five business days of or in connection with the Contract within twenty (20) Working Days request of either Party notifying party, the other requesting party shall attempt to employ the services of a third person mutually acceptable to both parties to conduct such mediation within five business days of the dispute and such efforts mediator’s appointment. Unless otherwise agreed upon by the parties hereto, the parties shall involve share the escalation cost of the dispute ultimately to the Commercial Director (or such other person as he may direct) of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
I 2.3 mediator’s fees and expenses equally. If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant to the procedure set out in clause
I 2.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the Parties, or if they parties are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party on such third person, then the requesting party may submit the matter to the other nearest office of the American Arbitration Association for mediation, only, in accordance with the commercial mediation rules then prevailing. If, on completion of such mediation, the parties are still unable to agree upon and settle the dispute, then either party may initiate litigation. This Agreement contains no arbitration clause. Binding arbitration may only be used upon the mutual agreement of the parties hereto.
(c) any award or sums due and owing to Executive under the terms of this Agreement shall be increased by an amount equal to the product of one month of Executive’s Base Salary in effect immediately prior to the termination of this Agreement, multiplied by (i) if such award or sums is payable under Section 5(c), then the Mediator agreed upon is unable number of thirty (30) day periods or unwilling to act, either Party shall within ten (10) Working Days from part thereof that has elapsed after the date ending six months after the date of the proposal to appoint a Mediator, Executive’s termination or within ten separation or (10ii) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriateotherwise, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.
cnumber of thirty (30) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, day periods or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority part thereof that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at has elapsed after the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English lawExecutive’s termination.
Appears in 2 contracts
Sources: Employment Agreement (NextPlay Technologies Inc.), Employment Agreement (Monaker Group, Inc.)
Dispute Resolution. I 2.1 The If a dispute occurs between the Parties concerning any matter governed by this Agreement, the disputing Party shall attempt in good faith promptly advise the other Party and the Parties together shall use all reasonable efforts to negotiate resolve the dispute informally. If the Parties are unable to resolve the dispute informally, within five (5) Work Days, the Contractor shall then give Notice, within ten (10) Work Days, of the complaint to the Ministry Representative, which particulars shall include the following: a settlement to any dispute between them arising out detailed description of or in connection with the nature of the complaint; a list of the relevant provisions of the Contract Documents; and an evaluation by the Contractor of the matters in dispute. The Province shall, within twenty (20) Working Work Days of either Party notifying receipt by the other Ministry Representative of the dispute and such efforts shall involve written particulars, give the escalation Contractor a decision, in writing, of one of the following: that the Province accepts the position of the Contractor; or that the Province rejects the position of the Contractor. If the Province accepts the position of the Contractor, the Parties shall enter into an Amending Document to reflect the Agreement. If the Province rejects the position of the Contractor, the Parties shall proceed to mediation with a mutually agreed upon third party. If the dispute ultimately is not resolved within fifteen (15) Work Days of appointment of the mediator, then the Parties may, if they both agree, proceed to arbitration pursuant to the Commercial Director (Arbitration Act. If the matter in dispute is not resolved promptly pursuant to Section 14.01, the Ministry Representative may give to the Contractor instructions that in his or such other person as he her opinion are necessary to provide for the proper performance of the Work and to prevent delays. If the Contractor receives instructions pursuant to Section 14.06, the Contractor shall act immediately to carry out the Work pursuant to the instructions, but any Work performed by the Contractor in this respect shall be without prejudice to any claim the Contractor may direct) of each Party.
I 2.2 have concerning the dispute. Nothing in this Article precludes either Party from having a dispute resolution procedure shall prevent the Parties from seeking from any resolved by a court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other jurisdiction, although no steps shall be taken by either Party to do any act.
I 2.3 If initiate legal proceedings until after the dispute cannot be resolved by the Parties pursuant to clause I 2.1 the Parties shall refer it to mediation pursuant to the procedure set out process described in clause
I 2.4 Sections 14.01 through 14.03 has been completed. MISCELLANEOUS Confidentiality The obligations of the Parties under the Contract shall not ceaseContractor will treat as confidential and will not, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the Parties, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
d) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail Province, disclose or permit to reach agreement in be disclosed or used, either before or after the structured negotiations within sixty (60) Working Days expiration or sooner termination of this Agreement, all information supplied to, accessed or obtained by, or which comes to the knowledge of the Mediator being appointedContractor or a Subcontractor (whether verbally, electronically or such longer period otherwise) as a result of this Agreement except if the disclosure is necessary to enable the Contractor to fulfill its obligations or to comply with applicable laws or if it is information that is generally known to the public other than as a result of a breach of this Agreement. Contractor Status In relation to the performance of your obligations under this Agreement, you are an independent contractor and not our: employee or partner; or agent except as may be agreed expressly provided for in this Agreement. You must not act or purport to act contrary to this section. The Contractor shall accept instructions from the Province, but the Contractor is not subject to the control of the Province in respect of the manner in which instructions are carried out. The Contractor shall not purport to commit the Province to the payment of any money to any person. The Contractor shall ensure all personnel hired by the Parties, then any dispute or difference between them may be referred Contractor to perform the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may Work are at any time before court proceedings are commenced, serve a notice on all times employees of the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions not of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Province. The Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details solely responsible for arranging reliefs and substitutions, pay, supervision, discipline, employment insurance, leave and all other matters arising out of the issues to be resolved;
c) the London Court relationship of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied employer and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English lawemployee.
Appears in 2 contracts
Sources: Operational Services Contract, Operational Services Contract
Dispute Resolution. I 2.1 (a) The Parties shall attempt in good faith to negotiate a settlement to resolve any dispute between dispute, controversy or claim among them arising out of or in connection with relating to this Agreement, including without limitation any dispute over the Contract within twenty breach, termination, interpretation, or validity thereof (20) Working Days of either Party notifying the other “Dispute”). Any party may request through written notice that the Dispute be referred to senior executives of the dispute and parties who have authority to resolve the Dispute. For purposes hereof, the Stockholder’s Representative shall be deemed a senior executive for the Seller Parties. The executives shall attempt to resolve the Dispute by agreement within thirty (30) days of such efforts shall involve notice.
(b) If the escalation of the dispute ultimately Parties to the Commercial Director (Dispute are unable to resolve the Dispute as provided in Section 12.1(a) above, they may try in good faith to resolve the Dispute by mediation and may use any mediator upon which they mutually agree. If the parties to the Dispute are unable to mutually agree upon a mediator, the Dispute shall be referred to the Chicago office of JAMS or such other person mediation service as he the parties to the Dispute may direct) agree. The cost of each Partythe mediator will be split equally between the parties to the Dispute unless they agree otherwise.
I 2.2 Nothing in this dispute resolution procedure shall prevent (c) If the Parties from seeking from any court have not (i) successfully resolved their Dispute through good faith discussions; (ii) appointed a mediator; or (iii) where a mediator has been duly appointed, resolved their dispute through mediation, each within 90 days of competent jurisdiction an interim order restraining the other Party from doing any act or compelling Dispute notice in Section 12.1(a) being issued, the other Party to do any act.
I 2.3 If the dispute cannot Dispute shall be resolved by the Parties pursuant to clause I 2.1 the binding arbitration. The Parties shall refer it to mediation pursuant select a mutually agreed upon single arbitrator and may utilize any format and set of rules for the binding arbitration upon which such parties may mutually agree. If the parties to the procedure set out in clause
I 2.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the Parties, or if they Dispute are unable to agree upon on a Mediator within ten (10) Working Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date format and set of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediator.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme rules for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriatearbitration within 10 days, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it arbitration shall be conducted in confidence and without prejudice to accordance with the rights Commercial Arbitration Rules of the Parties in American Arbitration Association. Should such parties be unable to agree on a choice of arbitrator within thirty (30) days from the demand for arbitration, then the arbitrator will be appointed by the Chicago office of JAMS (provided that any future proceedingsJAMS appointed mediator under paragraph (b) is not selected as an arbitrator under this paragraph (c)).
(d) If the Parties reach agreement on the resolution The costs of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the Courts unless the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed borne equally among the Parties. Each party shall bear its own expenses for attorneys’ fees, expert fees, witness fees, travel costs and other arbitration-related costs. In no event is the arbitrator authorized or empowered to award punitive or exemplary damages. In no event is the arbitrator authorized or empowered to award damages in excess of the limitations set forth in this Agreement.
(e) Judgment upon an award rendered by the provisions arbitrator may be entered in any court with jurisdiction. The arbitrator may issue interim orders of protection as necessary or appropriate to maintain the Arbitration ▇▇▇ ▇▇▇▇;
b) status quo, safeguard property or prevent irreparable injury. Notwithstanding the Authority foregoing, any Party may seek injunctive relief in a court of competent jurisdiction, which relief shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of last until the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (10) days of the Arbitration Notice being issued by the Authority under clause I 2.7 (b) or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA;
f) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English lawrenders its decision.
Appears in 2 contracts
Sources: Stock Purchase Agreement (Air Products & Chemicals Inc /De/), Stock Purchase Agreement (Air Products & Chemicals Inc /De/)
Dispute Resolution. I 2.1 Any dispute arising out of or relating to this Agreement, including, but not limited to, claims for indemnification pursuant to Section 8 shall be resolved in accordance with the procedures specified in this Section 9(n), which shall be the sole and exclusive procedures for the resolution of any such disputes; provided, however, that -------- ------- this Section 9(n) shall not apply to or govern the Parties' resolution of any Objections to the Closing Balance Sheets (for which the provisions of (S) 2(h) constitute the sole and exclusive dispute resolution procedures therefor).
(i) The Parties shall attempt in good faith to negotiate a settlement to resolve any dispute between them arising out of or in connection relating to this Agreement promptly by negotiation between the Sellers and their appointed representatives and executives of Buyer who, if possible, are at a higher level of management than the persons with the Contract within twenty direct responsibility for administration of this Agreement.
(20A) Working Days of either Any Party notifying may give the other Party written notice of any dispute not resolved in the normal course of business. Within fifteen (15) days after delivery of the dispute and such efforts notice, the receiving Party shall involve the escalation of the dispute ultimately submit to the Commercial Director other a written response. The notice and response shall include (or such other person as he may direct1) a statement of each Party.
I 2.2 Nothing in this dispute resolution procedure shall prevent 's position and a summary of arguments supporting that position, and (2) the Parties from seeking from name and title of the executives or representatives who will represent that Party and of any court other person who will accompany the executives or representatives. Within thirty (30) days after delivery of competent jurisdiction an interim order restraining the other Party from doing any act disputing Party's notice, the executives or compelling the other Party to do any act.
I 2.3 If the dispute cannot be resolved by the Parties pursuant to clause I 2.1 representatives of the Parties shall refer it meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to mediation pursuant attempt to resolve the procedure set out in clause
I 2.4 The obligations of the Parties under the Contract shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and the Contractor and its Staff shall comply fully with the requirements of the Contract at all times.
I 2.5 The procedure dispute. All reasonable requests for mediation and consequential provisions relating to mediation are as follows:
a) a neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the Parties, or if they are unable to agree upon a Mediator within ten (10) Working Days after a request information made by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator, or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to a mediation provider to appoint a Mediatorwill be honored.
b) The Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from a mediation provider to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
dB) If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed matter has not been resolved by their duly authorised representatives.
e) Failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative written opinion. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.
f) If the Parties fail to reach agreement in the structured negotiations these persons within sixty (60) Working Days days of the Mediator being appointeddisputing Party's notice, or such longer period if the parties fail to meet within thirty (30) days of the disputing Party's notice, either Party may initiate mediation as may provided hereinafter.
(C) All negotiations pursuant to this clause are confidential and shall be agreed by treated as compromise and settlement negotiations for purposes of the Parties, then any dispute or difference between them may be referred to the Courts unless Federal Rules of Evidence and State rules of evidence.
(ii) If the dispute is referred to arbitration pursuant to the procedures set out in clause I 2.6.
I 2.6 Subject to clause I 2.2has not been resolved by negotiation as provided herein, the Parties shall not institute court proceedings until the procedures set out in clauses I 2.1 and I 2.3 have been completed save that:
a) the Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring endeavor to settle the dispute by nonbinding mediation and to be referred bear equally the costs of the mediation. The Parties will jointly appoint a mutually acceptable mediator promptly after a request for mediation is made by any Party. The Parties agree to participate in the mediation and all related negotiations in good faith.
(iii) If the dispute has not been resolved by arbitration in accordance with clause I 2.7
b) if the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have twenty one non-binding means as provided herein within ninety (21) days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration in accordance with clause I 2.7
c) the Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration in accordance with clause I 2.7, to which the Authority may consent as it sees fit.
I 2.7 In the event that any arbitration proceedings are commenced pursuant to clause I 2.6:
a) the arbitration shall be governed by the provisions of the Arbitration ▇▇▇ ▇▇▇▇;
b) the Authority shall give a written notice of arbitration to the Contractor (the “Arbitration Notice“) stating:
i) that the dispute is referred to arbitration; and
ii) providing details of the issues to be resolved;
c) the London Court of International Arbitration (“LCIA”) procedural rules in force at the date that the dispute was referred to arbitration in accordance with I 2.7 (b) shall be applied and are deemed to be incorporated by reference to the Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules;
d) the tribunal shall consist of a sole arbitrator to be agreed by the Parties;
e) if the Parties fail to agree the appointment of the arbitrator within ten (1090) days of the Arbitration Notice being issued by initiation of such procedure, either Party may initiate litigation (upon thirty (30) days' written notice to the Authority under clause I 2.7 other Party); provided, however, that if one Party has requested the other to participate in a non-binding procedure and the other has failed to participate, the requesting Party may initiate litigation before expiration of the above period.
(biv) The procedures specified in this Section 9(n) shall be the sole and exclusive procedures for the resolution of disputes between the Parties arising out of or relating to this Agreement; provided, however, that a Party, without prejudice to the above procedures, may file a complaint (for statute of limitations or venue reasons) or to seek temporary or preliminary injunctive or other provisional judicial relief, if in its sole judgment such action is necessary to avoid irreparable damage or to preserve the person appointed is unable or unwilling status quo. Despite such action the Parties will continue to act, participate in good faith in the arbitrator procedures specified in this Section.
(v) All applicable statues of limitation and defenses based upon the passage of time shall be appointed by tolled while the LCIA;procedures specified in this Section are pending. The Parties will take such action, if any, required to effectuate such tolling.
f(vi) the arbitration proceedings shall take place in London and in the English language; and
g) the arbitration proceedings shall be governed by, and interpreted in accordance with, English lawEach Party is required to continue to perform its obligations under this Agreement pending final resolution of any dispute arising out of or relating to this Agreement.
Appears in 2 contracts
Sources: Stock Purchase Agreement (Fields MRS Original Cookies Inc), Stock Purchase Agreement (Pretzel Time Inc)