GENERAL DISPUTE RESOLUTION Sample Clauses
The General Dispute Resolution clause establishes the procedures parties must follow to resolve disagreements arising under the contract. Typically, it outlines steps such as negotiation, mediation, or arbitration before litigation can be pursued, and may specify timelines or forums for these processes. This clause ensures that disputes are managed efficiently and fairly, helping to prevent costly and prolonged legal battles by providing a clear, structured path for conflict resolution.
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GENERAL DISPUTE RESOLUTION. 26.1.1. Any dispute of whatsoever nature which arises out of or in connection with this Agreement, including any dispute as to the validity, existence, enforceability, interpretation, application, implementation, breach, termination or cancellation of this Agreement or as to the Parties’ rights and/or obligations in terms of this Agreement or in connection with any documents furnished by the Parties in terms of this Agreement, shall be submitted to binding arbitration before a single arbitrator in terms of this clause 26 (Dispute Resolution) and, except as otherwise provided herein, the rules for the time being as stipulated by the Arbitration Foundation of Southern Africa.
26.1.2. The arbitrator shall, if the dispute is:
26.1.2.1. primarily an accounting matter, be an independent practising accountant of not less than 10 (ten) years’ standing as such; or
26.1.2.2. primarily a legal matter, be an attorney of not less than 10 (ten) years’ standing as such or a practising senior counsel.
26.1.3. Such arbitrator shall be agreed upon in writing by the Parties; provided that if the Parties do not, within 3 (three) Business Days after the date on which the arbitration is demanded, agree in writing as to the nature of the dispute and the identity of the arbitrator, the arbitrator shall, irrespective of the nature of the dispute, be appointed by the Chairperson of the Arbitration Foundation of Southern Africa or its successor-in-title upon request by either Party to make such appointment after expiry of such 3 (three) Business Days.
26.1.4. The arbitration shall be held as quickly as possible after it is demanded with a view to it being completed within 60 (sixty) Business Days after it has been so demanded.
26.1.5. Promptly after the arbitrator has been appointed, either Party shall be entitled to call upon the arbitrator to fix a date when and where the arbitration proceedings shall be held and to settle the procedure and manner in which the arbitration proceedings shall be held. The arbitration proceedings shall be held in Sandton, Republic of South Africa.
26.1.6. The arbitrator shall allocate the costs of the arbitration in the manner that the arbitrator deems appropriate.
26.1.7. Any order or award that may be made by the arbitrator:
26.1.7.1. absent manifest error or bad faith, shall be final and binding subject to either Party’s right of appeal in terms of clause 26.1.8 below;
26.1.7.2. shall be carried into effect; and
26.1.7.3. may be made an order of an...
GENERAL DISPUTE RESOLUTION. The Parties will endeavour to amicably resolve any Dispute. Any Dispute (except for Disputes relating to Disputed Amounts, indemnity, or confidentiality obligations or matters relating to injunctions or other equitable relief), will be first subject to a 30 day negotiation period between Verizon and Customer in which each will disclose to the other all such documents, facts, statements and any other information which are reasonably requested and are relevant to the Dispute. If such negotiations fail to resolve the Dispute within 30 days from the date of notice of the Dispute, then: (a) where a dispute resolution process is provided for in the Agreement, each Party will follow that process; or (b) where no dispute resolution process is provided for in the Agreement the Parties may pursue their available remedies at law or in equity.
GENERAL DISPUTE RESOLUTION. 8.1.1 The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mind set, without formal proceedings and in accordance with the various dispute resolution procedures provided. Dispute procedures can be found on our website ▇▇▇.▇▇▇▇▇▇.▇▇.▇▇/▇▇▇▇▇.
8.1.2 In the event of the dispute not being resolved, please follow the general complaint procedure as stipulated by ICASA for all complaints excepts Billing disputes: The Subscriber are required to direct a general complaint to ▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇.▇▇
8.1.3 The complaint is required to be accompanied by the following;
8.1.3.1 The Subscriber’s full particulars and contact details;
8.1.3.2 The Subscriber’s relationship with Bioniq and any customer reference which may be applicable;
8.1.3.3 A statement of the reasons for the complaint with enough detail to allow us to assess these; and
8.1.3.4 Any relevant evidence or documentation the Subscriber wish to submit in support of the Subscriber’s complaint.
8.1.3.5 Under the ICASA Code of Conduct Regulations Bioniq is required to:
8.1.3.5.1 Acknowledge receipt of the Subscriber’s complaint within three working days; and
8.1.3.5.2 Determine an outcome for the complaint and communicate this to the Subscriber within fourteen (14) working days.
GENERAL DISPUTE RESOLUTION. 15.1 The following provisions apply to dispute resolution under the Agreement, except that the terms of Section 50 shall also apply to the resolution of any billing disputes.
15.2 The Parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of, or relating to, this Agreement. Either Party may give written notice to the other Party of any dispute not resolved in the normal course of business. Each Party will within seven (7) Days after delivery of the written notice of dispute, designate a vice-president level employee or a representative with authority to make commitments to review, meet, and negotiate, in good faith, to resolve the dispute. The Parties intend that these negotiations be conducted by non-lawyer, business representatives, and the locations, format, frequency, duration, and conclusions of these discussions will be at the discretion of the representatives. By mutual agreement, the representatives may use other procedures to assist in these negotiations. The discussions and correspondence between the representatives for the purposes of these negotiations will be treated as Confidential Information developed for purposes of settlement, and will be exempt from discovery and production, and not be admissible in any subsequent proceedings without the concurrence of both Parties.
15.3 If the designated representatives have not reached a resolution of the dispute within fifteen (15) Days after the written notice (or such longer period as agreed to in writing by the Parties), then either Party may bring a claim to the Federal Communications Commission or the state Public Utilities Commission where the action falls within those jurisdictions.
GENERAL DISPUTE RESOLUTION. Any dispute, controversy or Claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration, before three arbitrators, administered by the American Arbitration Association under and in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
GENERAL DISPUTE RESOLUTION. 26.1.1 Any dispute of whatsoever nature which arises out of or in connection with this Agreement, including any dispute as to the validity, existence, enforceability, interpretation, application, implementation, breach, termination or cancellation of this Agreement or as to the Parties’ rights and/or obligations in terms of this Agreement or in connection with any documents furnished by the Parties in terms of this Agreement, shall be submitted to binding arbitration before a single arbitrator in terms of this clause 26 (Dispute Resolution) and, except as otherwise provided herein, the rules for the time being as stipulated by the Arbitration Foundation of Southern Africa.
26.1.2 The arbitrator shall, if the dispute is:
26.1.2.1 primarily an accounting matter, be an independent practising accountant of not less than 10 (ten) years’ standing as such; or
16.1.2.2 primarily a legal matter, be an attorney of not less than 10 (ten) years’ standing as such or a practising senior counsel.
26.1.3 Such arbitrator shall be agreed upon in writing by the Parties; provided that if the Parties do not, within 3 (three) Business Days after the date on which the arbitration is demanded, agree in writing as to the nature of the dispute and the identity of the arbitrator, the arbitrator shall, irrespective of the nature of the dispute, be appointed by the Chairperson of the Arbitration Foundation of Southern Africa or its successor-in-title upon request by either Party to make such appointment after expiry of such 3 (three) Business Days.
26.1.4 The arbitration shall be held as quickly as possible after it is demanded with a view to it being completed within 60 (sixty) Business Days after it has been so demanded.
26.1.5 Promptly after the arbitrator has been appointed, either Party shall be entitled to call upon the arbitrator to fix a date when and where the arbitration proceedings shall be held and to settle the procedure and manner in which the arbitration proceedings shall be held. The arbitration proceedings shall be held in Sandton, Republic of South Africa.
26.1.6 The arbitrator shall allocate the costs of the arbitration in the manner that the arbitrator deems appropriate.
26.1.7 Any order or award that may be made by the arbitrator:
26.1.7.1 absent manifest error or bad faith, shall be final and binding subject to either Party’s right of appeal in terms of clause 0 below;
26.1.7.2 shall be carried into effect; and
26.1.7.3 may be made an order of any competent court...
GENERAL DISPUTE RESOLUTION. 16.1 The following provisions apply to dispute resolution under the Agreement, except that the terms of Section 55 shall also apply to the resolution of any billing disputes.
GENERAL DISPUTE RESOLUTION. 22.1. The Parties recognize and agree that the Commission has continuing jurisdiction to implement and enforce all terms and conditions of this Agreement. Accordingly, the Parties agree that any dispute arising out of or relating to this Agreement that the Parties themselves cannot resolve may be submitted to the Commission for resolution. If the Parties are unable to resolve the dispute as provided herein, the Parties agree to seek expedited resolution by the Commission, and shall request that resolution occur in no event later than sixty (60) days from the date of submission of such dispute. If the Commission appoints an expert(s) or other facilitator(s) to assist in its decision-making, each party shall pay half of the fees and expenses so incurred. The Commission may direct payment of any or all charges, plus applicable interest fees, to be paid to either Party. During the Commission proceeding each Party shall continue to perform its obligations under this Agreement provided, however, that neither Party shall be required to act in any unlawful fashion. This provision shall not preclude the Parties from seeking relief available in any other forum.
22.2. If any matter, other than a billing dispute, is subject to a bona fide dispute between the Parties, the disputing Party shall, within thirty (30) days after the party would have reasonably discovered the event giving rise to the dispute, give written notice to the other Party of the dispute and include in such notice the specific details and reasons for disputing each item.
22.2.1. If the Parties are unable to resolve the issues related to the dispute in the normal course of business within forty-five (45) days after delivery of notice of the Dispute to the other Party, the dispute shall be escalated to 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. The specific format for such discussions will be left to the discretion of the designated representatives, provided, however, that all reasonable requests for relevant information made by one Party to the other Party shall be honored.
22.2.2. If the Parties are unable to resolve the dispute within forty-five
GENERAL DISPUTE RESOLUTION. (a) Except as provided in this clause, any dispute or difference between the State and the Native Title Party arising out of this Agreement, the construction of this Agreement or as to the rights duties or liabilities of either of them under this Agreement or as to any matter to be agreed upon between them under this Agreement must, in default of agreement between them and in the absence of any provision in this Agreement to the contrary, be referred to and settled by arbitration under the provisions of the Commercial Arbitration Act 1985 (WA) and each party may be represented before the arbitrator by a duly qualified legal practitioner or other representative.
(b) Except where otherwise provided in this Agreement, the provisions of this clause will not apply to any case where the State, the Minister or any other Minister in the Government of the State is by this Agreement given either expressly or impliedly a discretionary power.
(c) The arbitrator of any submission to arbitration under this Agreement is hereby empowered upon the application of either the State or the Native Title Party, to grant in the name of the Minister any interim extension of any period or variation of any date referred to herein which having regard to the circumstances may reasonably be required in order to preserve the rights of that party or of the parties to the arbitration and an award may in the name of the Minister grant any further extension or variation for that purpose.
GENERAL DISPUTE RESOLUTION. (a) The Parties agree to work cooperatively together to implement this Agreement and the Project. If a dispute arises out of or relates to this Agreement, or the breach thereof other than any dispute related to a Determination, the Parties agree to first try in good faith to settle the dispute through negotiation. If the dispute cannot be settled through negotiation, the State PFS Project Manager will notify the Intermediary's Project Manager of the dispute. In the event the Intermediary has any disputes with the State, the Intermediary will notify the State PFS Project Manager. Such notification will hereinafter be referred to as a “Notice of Conflict”. If either Party notifies the other of such dispute or dissatisfaction, the Party receiving the notification will then make good faith efforts to amicably resolve the problem or settle the dispute, including meeting with the notifying Party’s representatives to diligently attempt to reach a mutually satisfactory result. In the event of a dispute, the Parties will continue to fulfill their performance obligations under the Agreement not subject to dispute (but may suspend compliance with any obligations that are the subject of the dispute), provided, however, that, to the extent the continued performance without resolution of such dispute would have an adverse effect on a Party, such Party will not be required to continue to fulfill its performance obligations until such dispute has been resolved. The Parties will have 20 calendar days from the date the Notice of Conflict is submitted to resolve the dispute.
(b) If the designated State PFS Project Manager and the Intermediary's Project Manager are unable to resolve the dispute or reach a mutually satisfactory result within 20 calendar days from the date of the Notice of Conflict or written notification, the area of disagreement will be referred to the appropriate executive level within each organization in order to resolve the issue. The appropriate executive level for the State will be the Commissioner of Labor or his/her designee. The appropriate executive level for the Intermediary will be the Chief Executive Officer. These parties will have 30 calendar days from the date the issue was brought before them to reach a mutually satisfactory solution.
(c) Nothing will limit either Party's ability to pursue all legal remedies. If the Parties are unable to amicably resolve the dispute after the steps described above, then either Party may seek legal or equitabl...