Final Dispute Resolution Clause Samples

The FINAL DISPUTE RESOLUTION clause establishes the definitive process for resolving any disagreements that arise under the contract. Typically, this clause outlines the specific method—such as arbitration, litigation, or mediation—that parties must use after all other dispute resolution steps have been exhausted. By clearly designating a final mechanism for settling disputes, the clause ensures that conflicts are ultimately resolved in a structured and predictable manner, thereby reducing uncertainty and potential delays.
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Final Dispute Resolution. The Subcontractor agrees that all claims, disputes and other matters in question between the Subcontractor and the Contractor arising out of or related to the Subcontract or the breach thereof, except as specifically governed by Paragraph 11.2 above, and except for claims which have been waived by the making and acceptance of final payment, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association (the “AAA”) then obtaining, at the sole option of the Contractor. However, should the Subcontractor desire to file a demand for arbitration, it must first provide thirty (30) days advance written notice to the Contractor of its intention to do so, as a further condition precedent to arbitration. Thereafter, the Contractor shall have thirty (30) days to notify Subcontractor that it will accept or reject arbitration of the dispute. If the Contractor notifies Subcontractor that it accepts arbitration of the dispute, the Subcontractor may then, and only then, file its demand for arbitration with the AAA and the arbitration shall occur in the county within Florida where the Project is located. If the Contractor fails to respond within thirty (30) days, or responds and rejects arbitration, then the dispute may be submitted to any court of competent jurisdiction within the county within Florida where the Project is located. The filing of a demand for arbitration by the Contractor shall be deemed an election to arbitrate and shall constitute the exercise of the option of the Contractor to proceed with arbitration. The Contractor may join or consolidate arbitration or litigation with the Owner, Architect, any other Subcontractor, or any other party having an interest in any such arbitration or litigation proceeding. This agreement to arbitrate at the option of Contractor shall be specifically enforceable under applicable law in any court having jurisdiction within the county within Florida where the Project is located. The award rendered by the arbitrator(s) shall be final and judgment may be entered upon it in accordance with the applicable law in any court having jurisdiction thereof within the county within Florida where the Project is located.
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Final Dispute Resolution. 17.1. VENUE OF FINAL DISPUTE RESOLUTION 17.1.3. Action
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Final Dispute Resolution. If Recommendations are not accepted by a Party, the Dispute will be resolved by arbitration administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules or administered by the ICDR in accordance with its International Arbitration Rules if the dispute is determined to be international in scope.
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Final Dispute Resolution. In the event of a dispute arising after final payment, or in the event an appeal has been preserved with respect to an IDM decision, a court having jurisdiction over Miami-Dade County shall hear such disputes. The parties hereby waive trial by jury, which requirement shall be included in each subcontract and sub-subcontract. Mediation prior to litigation is encouraged, but mediation is not a condition precedent to litigation. The prevailing party in any litigation shall recover reasonable attorney fees and taxable costs.
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Final Dispute Resolution. 17.2.1 Any unresolved dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be brought in the federal or state court of jurisdiction in New Jersey.
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Final Dispute Resolution. In the event of a dispute arising after Final Progress Payment or Final Completion, or a dispute which arose prior to Substantial Completion, has been preserved and which was not successfully resolved at mediation, a court of competent jurisdiction in Miami-Dade County shall hear such disputes. The parties hereby waive a trial by jury, which requirement shall be included in each and every Subcontract, sub-consulting agreement and purchase order that Design/Builder executes, in connection with its Work on the Project.
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Final Dispute Resolution. In the event the Owner and Contractor fail to resolve a dispute through mediation as provided in Article 15, either party may file an action in the appropriate Court of the 18th Judicial Circuit In and For Brevard County, Florida, to enforce this Agreement.
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Related to Final Dispute Resolution

  • Formal Dispute Resolution 10.6.1 If the Parties are unable to resolve the dispute through the informal procedure described in Section 10.5, then either Party may invoke the formal Dispute Resolution procedures described in this Section 10.6. Unless agreed among all Parties, formal Dispute Resolution procedures, including arbitration or other procedures as appropriate, may be invoked not earlier than sixty (60) calendar days after receipt of the letter initiating Dispute Resolution under Section 10.3.

  • I2 Dispute Resolution 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 to the finance director of the Contractor and the commercial director of the Authority.

  • Initial Dispute Resolution If a dispute arises out of or relates to this Contract or its breach, the parties shall endeavor to settle the dispute first through direct discussions between the parties’ representatives who have the authority to settle the dispute. If the parties’ representatives are not able to promptly settle the dispute, they shall refer the dispute to the senior administrators of the parties who have the authority to settle the dispute, who shall meet within fourteen days thereafter. If the dispute is not settled by the senior administrators, the parties may submit the dispute to mediation in accordance with Paragraph 5.2.3.2.

  • Informal Dispute Resolution (a) Prior to the initiation of formal dispute resolution procedures (i.e., arbitration), the Parties shall first attempt to resolve their dispute at the senior manager level. If that level of dispute resolution is not successful, the Parties shall proceed informally, as follows: (i) Upon the written request of either Party, each Party shall appoint a designated representative who does not otherwise devote substantially full time to performance under this Agreement, whose task it will be to meet for the purpose of endeavoring to resolve such dispute. (ii) The designated representatives shall meet as often as the Parties reasonably deem necessary in order to gather and furnish to the other all information with respect to the matter in issue that the Parties believe to be appropriate and germane in connection with its resolution. The representatives shall discuss the problem and attempt to resolve the dispute without the necessity of any formal proceeding. (iii) During the course of discussion, all reasonable requests made by one Party to another for non-privileged non-confidential information reasonably related to this Agreement shall be honored so that each of the Parties may be fully advised of the other's position. (iv) The specific format for the discussions shall be left to the discretion of the designated representatives. (b) Prior to instituting formal proceedings, the Parties will first have their chief executive officers meet to discuss the dispute. This requirement shall not delay the institution of formal proceedings past any statute of limitations expiration or for more than fifteen (15) days. (c) Subject to Subsection (b), formal proceedings for the resolution of a dispute may not be commenced until the earlier of: (i) The designated representatives concluding in good faith that amicable resolution through continued negotiation of the matter does not appear likely; or (ii) Thirty (30) days after the initial written request to appoint a designated representative pursuant to Subsection (a), above, (this period shall be deemed to run notwithstanding any claim that the process described in this Section 11.2 was not followed or completed). (d) This Section 11.2 shall not be construed to prevent a Party from instituting, and a Party is authorized to institute, formal proceedings earlier to avoid the expiration of any applicable limitations period, or to preserve a superior position with respect to other creditors or as provided in Section 11.6(a).

  • Dispute Resolution All or any disputes arising out or touching upon or in relation to the terms and conditions of this Agreement, including the interpretation and validity of the terms thereof and the respective rights and obligations of the Parties, shall be settled amicably by mutual discussion, failing which the same shall be settled through the adjudicating officer appointed under the Act.