Common use of GENERAL DISPUTE RESOLUTION Clause in Contracts

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) 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.