Common use of Notification of a dispute Clause in Contracts

Notification of a dispute. Any Dispute between the Parties shall be resolved, if possible, by negotiation. In the event that no agreement is reached within 15 Business Days of the date on which either Party first notified the other Party that a Dispute exists, or such longer period as is specifically provided for elsewhere in this Connection Agreement, either Party shall have the right to have the Dispute determined in accordance with Clause 16.2 or 16.3, as appropriate. Expert: Where this Connection Agreement expressly provides (or the Parties otherwise agree) for a Dispute to be determined by an Expert, then the Dispute shall be referred to an Expert appointed in accordance with this Clause 16.2: the Parties shall attempt to agree on the appointment of a single Expert to settle the Dispute. If, within 10 Business Days of the date on which the Dispute was referred for determination by an Expert under Clause 16.2 the Parties have been unable to agree on the choice of an Expert, either Party may inform the Commission of the nature and complexity of the Dispute and request it to appoint a single Expert for the determination of the Dispute and such appointment shall be binding on the Parties. If, the Commission refuses to make such an appointment or does not do so within 15 Business Days of being requested by the Parties, either Party may then request the President for the time being of the IEI to appoint an Expert within 15 Business Days of being requested to do so; following the appointment of the Expert, the Parties shall immediately notify the Expert of his appointment and shall request him to confirm within 5 Business Days whether or not he is willing and able to accept the appointment. If he accepts the appointment, the Expert shall thereafter determine the procedure for the determination of the dispute and shall notify this to the Parties; unless otherwise determined by the Expert, the costs and expenses of the Expert, any independent advisers to the Expert and any costs of his or their appointment (if he is or they are appointed by agreement between the Parties, or by the Commission of the IEI) shall be borne by the unsuccessful Party; and an Expert appointed under this Connection Agreement shall not be deemed to be an arbitrator but shall render his decision as an Expert and the law relating to arbitration shall not apply to such Expert or his determination or the procedure by which he reached his decision. Subject to any right of appeal or other right which may exist at law, the determination of the Expert shall be final and binding upon the Parties.

Notification of a dispute. Any Dispute between the Parties shall be resolved, if possible, by negotiation. In the event that no agreement is reached within 15 Business Days of the date on which either Party first notified the other Party that a Dispute exists, or such longer period as is specifically provided for elsewhere in this Connection Agreement, either Party shall have the right to have the Dispute determined in accordance with Clause 16.2 14.2 or 16.314.3, as appropriate. Expert: Where this Connection Agreement expressly provides (or the Parties otherwise agree) for a Dispute to be determined by an Expert, then the Dispute shall be referred to an Expert appointed in accordance with this Clause 16.214.2: the Parties shall attempt to agree on the appointment of a single Expert to settle the Dispute. If, within 10 Business Days of the date on which the Dispute was referred for determination by an Expert under Clause 16.2 14.2 the Parties have been unable to agree on the choice of an Expert, either Party may inform the Commission of the nature and complexity of the Dispute and request it to appoint a single Expert for the determination of the Dispute and such appointment shall be binding on the Parties. If, If the Commission refuses to make such an appointment or does not do so within 15 Business Days of being requested by the Parties, either Party may then request the President for the time being of the IEI to appoint an Expert within 15 Business Days of being requested to do so; following the appointment of the Expert, the Parties shall immediately notify the Expert of his appointment and shall request him to confirm within 5 Business Days whether or not he is willing and able to accept the appointment. If he accepts the appointment, the Expert shall thereafter determine the procedure for the determination of the dispute Dispute and shall notify this to the Parties; unless otherwise determined by the Expert, the costs and expenses of the Expert, any independent advisers to the Expert and any costs of his or their appointment (if he is or they are appointed by agreement between the Parties, or by the Commission of or the IEI) shall be borne by the unsuccessful Party; and an Expert appointed under this Connection Agreement shall not be deemed to be an arbitrator but shall render his decision as an Expert and the law relating to arbitration shall not apply to such Expert or his determination or the procedure by which he reached his decision. Subject to any right of appeal or other right which may exist at law, the determination of the Expert shall be final and binding upon the Parties.