Common use of Resolving Disputes Clause in Contracts

Resolving Disputes. 36.1 If there is a dispute between the Parties, their senior representatives who have authority to settle the dispute will, within 28 days of a written request from the other Party, meet in good faith to resolve the dispute by commercial negotiation. 36.2 If the dispute is not resolved at that meeting, the Parties can attempt to settle it by mediation using the Centre for Effective Dispute Resolution (“CEDR”) Model Mediation Procedure current at the time of the dispute. If the Parties cannot agree on a mediator, the mediator will be nominated by CEDR. If either Party does not wish to use, or continue to use mediation, or mediation does not resolve the dispute, the dispute must be resolved using clauses 36.3 to 36.5. 36.3 Unless the Buyer refers the dispute to arbitration using clause 36.4, the Parties irrevocably agree that the courts of England and Wales have exclusive jurisdiction. : 36.4 The Supplier agrees that the Buyer has the exclusive right to refer any dispute to be finally resolved by arbitration under the London Court of International Arbitration Rules current at the time of the dispute. There will be only one arbitrator. The seat or legal place of the arbitration will be London and the proceedings will be in English. 36.5 The Buyer has the right to refer a dispute to arbitration even if the Supplier has started or has attempted to start court proceedings under clause 36.3, unless the Buyer has agreed to the court proceedings or participated in them. Even if court proceedings have started, the Parties must do everything necessary to ensure that the court proceedings are stayed in favour of any arbitration proceedings if they are started under clause 36.4. 36.6 The Supplier cannot suspend the performance of the Contract during any dispute.

Appears in 23 contracts

Sources: Short Form Contract for the Supply of Goods and/or Services, Short Form Contract for Replacement X Ray Chamber Door, Short Form Contract for the Supply of Goods and/or Services

Resolving Disputes. 36.1 37.1 If there is a dispute between the Parties, their senior representatives who have authority to settle the dispute will, within 28 days of a written request from the other Party, meet in good faith to resolve the dispute by commercial negotiation. 36.2 37.2 If the dispute is not resolved at that meeting, the Parties can attempt to settle it by mediation using the Centre for Effective Dispute Resolution (“CEDR”) Model Mediation Procedure current at the time of the dispute. If the Parties cannot agree on a mediator, the mediator will be nominated by CEDR. If either Party does not wish to use, or continue to use mediation, or mediation does not resolve the dispute, the dispute must be resolved using clauses 36.3 37.3 to 36.537.5. 36.3 37.3 Unless the Buyer refers the dispute to arbitration using clause 36.437.4, the Parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction. jurisdiction to: 36.4 (a) determine the dispute; (b) grant interim remedies; and (c) grant any other provisional or protective relief. 37.4 The Supplier agrees that the Buyer has the exclusive right to refer any dispute to be finally resolved by arbitration under the London Court of International Arbitration Rules current at the time of the dispute. There will be only one arbitrator. The seat or legal place of the arbitration will be London and the proceedings will be in English. 36.5 37.5 The Buyer has the right to refer a dispute to arbitration even if the Supplier has started or has attempted to start court proceedings under clause 36.337.3, unless the Buyer has agreed to the court proceedings or participated in them. Even if court proceedings have started, the Parties must do everything necessary to ensure that the court proceedings are stayed in favour of any arbitration proceedings if they are started under clause 36.437.4. 36.6 37.6 The Supplier cannot suspend the performance of the Contract during any dispute.

Appears in 16 contracts

Sources: Short Form Contract for the Supply of Goods and/or Services, Order Form, Supply of Services Contract

Resolving Disputes. 36.1 If there is a dispute between the Parties, their senior representatives who have authority to settle the dispute will, within 28 days of a written request from the other Party, meet in good faith to resolve the dispute by commercial negotiation. 36.2 If the dispute is not resolved at that meeting, the Parties can attempt to settle it by mediation using the Centre for Effective Dispute Resolution (“CEDR”) Model Mediation Procedure current at the time of the dispute. If the Parties cannot agree on a mediator, the mediator will be nominated by CEDR. If either Party does not wish to use, or continue to use mediation, or mediation does not resolve the dispute, the dispute must be resolved using clauses 36.3 to 36.5. 36.3 Unless the Buyer refers the dispute to arbitration using clause 36.4, the Parties irrevocably agree that the courts of England and Wales have exclusive jurisdiction. : 36.4 The Supplier agrees that the Buyer has the exclusive right to refer any dispute to be finally resolved by arbitration under the London Court of International Arbitration Rules current at the time of the dispute. There will be only one arbitrator. The seat or legal place of the arbitration will be London and the proceedings will be in English.English.‌ 36.5 The Buyer has the right to refer a dispute to arbitration even if the Supplier has started or has attempted to start court proceedings under clause 36.3, unless the Buyer has agreed to the court proceedings or participated in them. Even if court proceedings have started, the Parties must do everything necessary to ensure that the court proceedings are stayed in favour of any arbitration proceedings if they are started under clause 36.4.36.4.‌ 36.6 The Supplier cannot suspend the performance of the Contract during any dispute.

Appears in 7 contracts

Sources: Short Form Contract for the Supply of Goods and/or Services, Short Form Contract for the Supply of Goods and/or Services, Short Form Contract for the Supply of Goods and/or Services

Resolving Disputes. 36.1 If there is a dispute between the Parties, their senior representatives who have authority to settle the dispute will, within 28 days of a written request from the other Party, meet in good faith to resolve the dispute by commercial negotiation. 36.2 If the dispute is not resolved at that meeting, the Parties can attempt to settle it by mediation using the Centre for Effective Dispute Resolution (“CEDR”) Model Mediation Procedure current at the time of the dispute. If the Parties cannot agree on a mediator, the mediator will be nominated by CEDR▇▇▇▇. If either Party does not wish to use, or continue to use mediation, or mediation does not resolve the dispute, the dispute must be resolved using clauses 36.3 to 36.5. 36.3 Unless the Buyer refers the dispute to arbitration using clause 36.4, the Parties irrevocably agree that the courts of England and Wales have exclusive jurisdiction. : 36.4 The Supplier agrees that the Buyer has the exclusive right to refer any dispute to be finally resolved by arbitration under the London Court of International Arbitration Rules current at the time of the dispute. There will be only one arbitrator. The seat or legal place of the arbitration will be London and the proceedings will be in English. 36.5 The Buyer has the right to refer a dispute to arbitration even if the Supplier has started or has attempted to start court proceedings under clause 36.3, unless the Buyer has agreed to the court proceedings or participated in them. Even if court proceedings have started, the Parties must do everything necessary to ensure that the court proceedings are stayed in favour of any arbitration proceedings if they are started under clause 36.4. 36.6 The Supplier cannot suspend the performance of the Contract during any dispute.

Appears in 6 contracts

Sources: Supply of Goods and/or Services Agreement, Short Form Contract for the Supply of Goods and/or Services, Supply of Goods and/or Services Contract

Resolving Disputes. 36.1 33.1 If there is a dispute between the Parties, their senior representatives who have authority to settle the dispute will, within 28 days of a written request from the other Party, meet in good faith to resolve the dispute by commercial negotiationdispute. 36.2 33.2 If the dispute is not resolved at that meeting, the Parties can attempt to settle it by mediation using the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure current at the time of the dispute. If the Parties cannot agree on a mediator, the mediator will be nominated by CEDR. If either Party does not wish to use, or continue to use mediation, or mediation does not resolve the dispute, the dispute must be resolved using clauses 36.3 33.3 to 36.533.5. 36.3 33.3 Unless the Buyer Authority refers the dispute to arbitration using clause 36.433.4, the Parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction. jurisdiction to: 36.4 (a) determine the dispute; (b) grant interim remedies; (c) grant any other provisional or protective relief. 33.4 The Supplier agrees that the Buyer Authority has the exclusive right to refer any dispute to be finally resolved by arbitration under the London Court of International Arbitration Rules current at the time of the dispute. There will be only one arbitrator. The seat or legal place of the arbitration will be London and the proceedings will be in English. 36.5 33.5 The Buyer Authority has the right to refer a dispute to arbitration even if the Supplier has started or has attempted to start court proceedings under clause 36.333.3, unless the Buyer Authority has agreed to the court proceedings or participated in them. Even if court proceedings have started, the Parties must do everything necessary to ensure that the court proceedings are stayed in favour of any arbitration proceedings if they are started under clause 36.433.4. 36.6 33.6 The Supplier cannot suspend the performance of the Contract during any dispute.

Appears in 3 contracts

Sources: Purchase Agreement, Purchase Agreement, Contract

Resolving Disputes. 36.1 If there is a dispute between the Parties, their senior representatives who have authority to settle the dispute will, within 28 days of a written request from the other Party, meet in good faith to resolve the dispute by commercial negotiation. 36.2 . If the dispute is not resolved at that meeting, the Parties can attempt to settle it by mediation using the Centre for Effective Dispute Resolution (“CEDR”) Model Mediation Procedure current at the time of the dispute. If the Parties cannot agree on a mediator, the mediator will be nominated by CEDR. If either Party does not wish to use, or continue to use mediation, or mediation does not resolve the dispute, the dispute must be resolved using clauses 36.3 0 to 36.5. 36.3 0. Unless the Buyer refers the dispute to arbitration using clause 36.40, the Parties irrevocably agree that the courts of England and Wales have exclusive jurisdiction. : 36.4 : The Supplier agrees that the Buyer has the exclusive right to refer any dispute to be finally resolved by arbitration under the London Court of International Arbitration Rules current at the time of the dispute. There will be only one arbitrator. The seat or legal place of the arbitration will be London and the proceedings will be in English. 36.5 . The Buyer has the right to refer a dispute to arbitration even if the Supplier has started or has attempted to start court proceedings under clause 36.30, unless the Buyer has agreed to the court proceedings or participated in them. Even if court proceedings have started, the Parties must do everything necessary to ensure that the court proceedings are stayed in favour of any arbitration proceedings if they are started under clause 36.4. 36.6 0. The Supplier cannot suspend the performance of the Contract during any dispute.

Appears in 3 contracts

Sources: Short Form Contract for the Supply of Goods and/or Services, Supply of Goods and/or Services Contract, Short Form Contract for the Supply of Goods and/or Services

Resolving Disputes. 36.1 39.1 If there is a dispute between Dispute, the Parties, their senior representatives of the Parties who have authority to settle the dispute Dispute will, within 28 days of a written request from the other Party, meet in good faith to resolve the dispute Dispute by commercial negotiation. 36.2 39.2 If the dispute is Parties cannot resolved at that meetingresolve the Dispute via commercial negotiation, the Parties they can attempt to settle it by mediation using the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure current at the time of the disputeDispute. If the Parties cannot agree on a mediator, the mediator will be nominated by CEDR. If either Party does not wish to use, or continue to use mediation, or mediation does not resolve the disputeDispute, the dispute Dispute must be resolved using clauses 36.3 Clauses 39.3 to 36.539.5. 36.3 39.3 Unless the Buyer refers the dispute Dispute to arbitration using clause 36.4Clause 39.4, the Parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction. jurisdiction to: 36.4 39.3.1 determine the Dispute; 39.3.2 grant interim remedies; and 39.3.3 grant any other provisional or protective relief. 39.4 The Supplier agrees that the Buyer has the exclusive right to refer any dispute Dispute to be finally resolved by arbitration under the London Court of International Arbitration Rules current at the time of the disputeDispute. There will be only one arbitrator. The seat or legal place of the arbitration will be London and the proceedings will be in English. 36.5 39.5 The Buyer has the right to refer a dispute Dispute to arbitration even if the Supplier has started or has attempted to start court proceedings under clause 36.3Clause 39.3, unless the Buyer has agreed to the court proceedings or participated in them. Even if court proceedings have started, the Parties must do everything necessary to ensure that the court proceedings are stayed in favour of any arbitration proceedings if they are started under clause 36.4Clause 39.4. 36.6 39.6 The Supplier cannot suspend the performance of the Contract during any disputeDispute.

Appears in 2 contracts

Sources: Contract, Local Authority Childcare Sufficiency Support Contract

Resolving Disputes. 36.1 34.1 If there is a dispute between Dispute, the Parties, their senior representatives of the Parties who have authority to settle the dispute Dispute will, within 28 days of a written request from the other Party, meet in good faith to resolve the dispute by commercial negotiationDispute. 36.2 34.2 If the dispute Dispute is not resolved at that meeting, the Parties can attempt to settle it by mediation using the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure current at the time of the disputeDispute. If the Parties cannot agree on a mediator, the mediator will be nominated by CEDR. If either Party does not wish to use, or continue to use mediation, or mediation does not resolve the disputeDispute, the dispute Dispute must be resolved using clauses 36.3 Clauses 34.3 to 36.534.5. 36.3 34.3 Unless the Buyer refers the dispute Dispute to arbitration using clause 36.4Clause 34.4, the Parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction. :jurisdiction to: ● determine the Dispute ● grant interim remedies ● grant any other provisional or protective relief 36.4 34.4 The Supplier agrees that the Buyer has the exclusive right to refer any dispute Dispute to be finally resolved by arbitration under the London Court of International Arbitration Rules current at the time of the disputeDispute. There will be only one arbitrator. The seat or legal place of the arbitration will be London and the proceedings will be in English. 36.5 34.5 The Buyer has the right to refer a dispute Dispute to arbitration even if the Supplier has started or has attempted to start court proceedings under clause 36.3Clause 34.3, unless the Buyer has agreed to the court proceedings or participated in them. Even if court proceedings have started, the Parties must do everything necessary to ensure that the court proceedings are stayed in favour of any arbitration proceedings if they are started under clause 36.4Clause 34.4. 36.6 34.6 The Supplier cannot suspend the performance of the Contract during any disputeDispute.

Appears in 1 contract

Sources: Supply Agreement

Resolving Disputes. 36.1 37.1 If there is a dispute between the Parties, their senior representatives who have authority to settle the dispute will, within 28 days of a written request from the other Party, meet in good faith to resolve the dispute by commercial negotiation. 36.2 37.2 If the dispute is not resolved at that meeting, the Parties can attempt to settle it by mediation using the Centre for Effective Dispute Resolution (“CEDR”) Model Mediation Procedure current at the time of the dispute. If the Parties cannot agree on a mediator, the mediator will be nominated by CEDR. If either Party does not wish to use, or continue to use mediation, or mediation does not resolve the dispute, the dispute must be resolved using clauses 36.3 37.3 to 36.537.5. 36.3 37.3 Unless the Buyer refers the dispute to arbitration using clause 36.437.4, the Parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction. :jurisdiction to:‌ 36.4 (a) determine the dispute; (b) grant interim remedies; and (c) grant any other provisional or protective relief. 37.4 The Supplier agrees that the Buyer has the exclusive right to refer any dispute to be finally resolved by arbitration under the London Court of International Arbitration Rules current at the time of the dispute. There will be only one arbitrator. The seat or legal place of the arbitration will be London and the proceedings will be in English.English.‌ 36.5 37.5 The Buyer has the right to refer a dispute to arbitration even if the Supplier has started or has attempted to start court proceedings under clause 36.337.3, unless the Buyer has agreed to the court proceedings or participated in them. Even if court proceedings have started, the Parties must do everything necessary to ensure that the court proceedings are stayed in favour of any arbitration proceedings if they are started under clause 36.4.37.4.‌ 36.6 37.6 The Supplier cannot suspend the performance of the Contract during any dispute.

Appears in 1 contract

Sources: Order Form

Resolving Disputes. 36.1 30.1 If there is a dispute between the Partiesparties, their senior representatives who have authority to settle the dispute will, within 28 twenty-eight (28) days of a written request from the other Partyparty, meet in good faith to resolve the dispute by commercial negotiation. 36.2 30.2 If the dispute is not resolved at that meeting, the Parties parties can attempt to settle it by mediation using the Centre for Effective Dispute Resolution (“CEDR”) Model Mediation Procedure current at the time of the dispute. If the Parties parties cannot agree on a mediator, the mediator will be nominated by CEDR. If either Party party does not wish to use, or continue to use mediation, or mediation does not resolve the dispute, the dispute must be resolved using clauses 36.3 30.3 to 36.530.5. 36.3 30.3 Unless the Buyer refers the dispute to arbitration using clause 36.430.4, the Parties parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction. jurisdiction to: 36.4 30.4 The Supplier agrees that the Buyer has the exclusive right to refer any dispute to be finally resolved by arbitration under the London Court of International Arbitration Rules current at the time of the dispute. There will be only one arbitrator. The seat or legal place of the arbitration will be London and the proceedings will be in English. 36.5 30.5 The Buyer has the right to refer a dispute to arbitration even if the Supplier has started or has attempted to start court proceedings under clause 36.330.3, unless the Buyer has agreed to the court proceedings or participated in them. Even if court proceedings have started, the Parties parties must do everything necessary to ensure that the court proceedings are stayed in favour of any arbitration proceedings if they are started under clause 36.430.4. 36.6 30.6 The Supplier cannot suspend the performance of the Contract agreement during any dispute.

Appears in 1 contract

Sources: Consultancy Agreement

Resolving Disputes. 36.1 34.1 If there is a dispute between Dispute, the Parties, their senior representatives of the Parties who have authority to settle the dispute Dispute will, within 28 days of a written request from the other Party, meet in good faith to resolve the dispute by commercial negotiationDispute. 36.2 34.2 If the dispute Dispute is not resolved at that meeting, the Parties can attempt to settle it by mediation using the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure current at the time of the disputeDispute. If the Parties cannot agree on a mediator, the mediator will be nominated by CEDR▇▇▇▇. If either Party does not wish to use, or continue to use mediation, or mediation does not resolve the disputeDispute, the dispute Dispute must be resolved using clauses 36.3 Clauses 34.3 to 36.534.5. 36.3 34.3 Unless the Buyer Relevant Authority refers the dispute Dispute to arbitration using clause 36.4Clause 34.4, the Parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction. :jurisdiction to: determine the Dispute grant interim remedies grant any other provisional or protective relief 36.4 34.4 The Supplier agrees that the Buyer Relevant Authority has the exclusive right to refer any dispute Dispute to be finally resolved by arbitration under the London Court of International Arbitration Rules current at the time of the disputeDispute. There will be only one arbitrator. The seat or legal place of the arbitration will be London and the proceedings will be in English. 36.5 34.5 The Buyer Relevant Authority has the right to refer a dispute Dispute to arbitration even if the Supplier has started or has attempted to start court proceedings under clause 36.3Clause 34.3, unless the Buyer Relevant Authority has agreed to the court proceedings or participated in them. Even if court proceedings have started, the Parties must do everything necessary to ensure that the court proceedings are stayed in favour of any arbitration proceedings if they are started under clause 36.4Clause 34.4. 36.6 34.6 The Supplier cannot suspend the performance of the a Contract during any disputeDispute.

Appears in 1 contract

Sources: Call Off Contract

Resolving Disputes. 36.1 28.1 If there is a dispute between the Parties, their senior representatives who have authority to settle the dispute will, within 28 days of a written request from the other Party, meet in good faith to resolve the dispute by commercial negotiation. 36.2 28.2 If the dispute is not resolved at that meeting, the Parties can attempt to settle it by mediation using the Centre for Effective Dispute Resolution (“CEDR”) Model Mediation Procedure current at the time of the dispute. If the Parties cannot agree on a mediator, the mediator will be nominated by CEDR. If either Party does not wish to use, or continue to use mediation, or mediation does not resolve the dispute, the dispute must be resolved using clauses 36.3 37.3 to 36.537.5. 36.3 28.3 Unless the Buyer refers the dispute to arbitration using clause 36.437.4, the Parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction. jurisdiction to: 36.4 (a) determine the dispute; (b) grant interim remedies; and (c) grant any other provisional or protective relief. 28.4 The Supplier agrees that the Buyer has the exclusive right to refer any dispute to be finally resolved by arbitration under the London Court of International Arbitration Rules current at the time of the dispute. There will be only one arbitrator. The seat or legal place of the arbitration will be London and the proceedings will be in English. 36.5 28.5 The Buyer has the right to refer a dispute to arbitration even if the Supplier has started or has attempted to start court proceedings under clause 36.337.3, unless the Buyer has agreed to the court proceedings or participated in them. Even if court proceedings have started, the Parties must do everything necessary to ensure that the court proceedings are stayed in favour of any arbitration proceedings if they are started under clause 36.437.4. 36.6 28.6 The Supplier cannot suspend the performance of the Contract during any dispute.

Appears in 1 contract

Sources: Contract

Resolving Disputes. 36.1 38.1 If there is a dispute between Dispute, the Parties, their senior representatives of the Parties who have authority to settle the dispute Dispute will, within 28 days of a written request from the other Party, meet in good faith to resolve the dispute Dis- pute by commercial negotiation. 36.2 38.2 If the dispute is Parties cannot resolved at that meetingresolve the Dispute via commercial negotia- tion, the Parties they can attempt to settle it by mediation using the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure current at the time of the disputeDispute. If the Parties cannot agree on a mediator, the mediator will be nominated by CEDR. If either Party does not wish to use, or continue to use mediation, or mediation does not resolve the disputeDispute, the dispute Dispute must be resolved using clauses 36.3 Clauses 38.3 to 36.538.5. 36.3 38.3 Unless the Buyer refers the dispute Dispute to arbitration using clause 36.4Clause 38.4, the Parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction. jurisdiction to: 36.4 38.3.1 determine the Dispute; 38.3.2 grant interim remedies; and 38.3.3 grant any other provisional or protective relief. 38.4 The Supplier agrees that the Buyer has the exclusive right to refer any dispute Dispute to be finally resolved by arbitration under the London Court of International Arbitration Rules current at the time of the disputeDispute. There will be only one arbitrator. The seat or legal place of the arbitration will be London and the proceedings will be in English. 36.5 38.5 The Buyer has the right to refer a dispute Dispute to arbitration even if the Supplier has started or has attempted to start court proceedings under clause 36.3Clause 38.3, unless the Buyer has agreed to the court proceedings pro- ceedings or participated in them. Even if court proceedings have started, the Parties must do everything necessary to ensure that the court proceedings are stayed in favour of any arbitration proceedings pro- ceedings if they are started under clause 36.4Clause 38.4. 36.6 38.6 The Supplier cannot suspend the performance of the Contract during any disputeDispute.

Appears in 1 contract

Sources: Mid Tier Contract

Resolving Disputes. 36.1 If there is a dispute between the Parties, their senior representatives who have authority to settle the dispute will, within 28 days of a written request from the other Party, meet in good faith to resolve the dispute by commercial negotiation. 36.2 . If the dispute is not resolved at that meeting, the Parties can attempt to settle it by mediation using the Centre for Effective Dispute Resolution (“CEDR”) Model Mediation Procedure current at the time of the dispute. If the Parties cannot agree on a mediator, the mediator will be nominated by CEDR. If either Party does not wish to use, or continue to use mediation, or mediation does not resolve the dispute, the dispute must be resolved using clauses 36.3 to 36.5. 36.3 . Unless the Buyer refers the dispute to arbitration using clause 36.4, the Parties irrevocably agree that the courts of England and Wales have exclusive jurisdiction. : 36.4 The Supplier agrees that the Buyer has the exclusive right to refer any dispute to be finally resolved by arbitration under the London Court of International Arbitration Rules current at the time of the dispute. There will be only one arbitrator. The seat or legal place of the arbitration will be London and the proceedings will be in English. 36.5 English.‌ The Buyer has the right to refer a dispute to arbitration even if the Supplier has started or has attempted to start court proceedings under clause 36.3, unless the Buyer has agreed to the court proceedings or participated in them. Even if court proceedings have started, the Parties must do everything necessary to ensure that the court proceedings are stayed in favour of any arbitration proceedings if they are started under clause 36.4. 36.6 36.4.‌ The Supplier cannot suspend the performance of the Contract during any dispute. WHICH LAW APPLIES‌ This Contract and any issues or disputes arising out of, or connected to it, are governed by English law.

Appears in 1 contract

Sources: Short Form Contract for the Supply of Goods and/or Services

Resolving Disputes. 36.1 34.1 If there is a dispute between Dispute, the Parties, their senior representatives of the Parties who have authority to settle the dispute Dispute will, within 28 days of a written request from the other Party, meet in good faith to resolve the dispute by commercial negotiationDispute. 36.2 34.2 If the dispute Dispute is not resolved at that meeting, the Parties can attempt to settle it by mediation using the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure current at the time of the disputeDispute. If the Parties cannot agree on a mediator, the mediator will be nominated by CEDR. If either Party does not wish to use, or continue to use mediation, or mediation does not resolve the disputeDispute, the dispute Dispute must be resolved using clauses 36.3 Clauses 34.3 to 36.534.5. 36.3 34.3 Unless the Buyer refers the dispute Dispute to arbitration using clause 36.4Clause 34.4, the Parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction. :jurisdiction to: ● determine the Dispute ● grant interim remedies ● grant any other provisional or protective relief 36.4 34.4 The Supplier agrees that the Buyer has the exclusive right to refer any dispute Dispute to be finally resolved by arbitration under the London Court of International Arbitration Rules current at the time of the disputeDispute. There will be only one arbitrator. The seat or legal place of the arbitration will be London and the proceedings will be in English. 36.5 34.5 The Buyer has the right to refer a dispute Dispute to arbitration even if the Supplier has started or has attempted to start court proceedings under clause 36.3, unless the Buyer has agreed to the court proceedings or participated in them. Even if court proceedings have started, the Parties must do everything necessary to ensure that the court proceedings are stayed in favour of any arbitration proceedings if they are started under clause 36.4. 36.6 The Supplier cannot suspend the performance of the Contract during any dispute.▇▇▇▇▇▇

Appears in 1 contract

Sources: Contract

Resolving Disputes. 36.1 35.1 If there is a dispute between Dispute, the Parties, their senior representatives of the Parties who have authority to settle the dispute Dispute will, within 28 days of a written request from the other Party, meet in good faith to resolve the dispute by commercial negotiationDispute. 36.2 35.2 If the dispute Dispute is not resolved at that meeting, the Parties can attempt to settle it by mediation using the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure current at the time of the disputeDispute. If the Parties cannot agree on a mediator, the mediator will be nominated by CEDR. If either Party does not wish to use, or continue to use mediation, or mediation does not resolve the disputeDispute, the dispute Dispute must be resolved using clauses 36.3 Clauses 34.3 to 36.534.5. 36.3 35.3 Unless the Buyer Relevant Authority refers the dispute Dispute to arbitration using clause 36.4Clause 34.4, the Parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction. jurisdiction to: 36.4 (a) determine the Dispute; (b) grant interim remedies; and/or (c) grant any other provisional or protective relief. 35.4 The Supplier agrees that the Buyer Relevant Authority has the exclusive right to refer any dispute Dispute to be finally resolved by arbitration under the London Court of International Arbitration Rules current at the time of the disputeDispute. There will be only one arbitrator. The seat or legal place of the arbitration will be London and the proceedings will be in English. 36.5 35.5 The Buyer Relevant Authority has the right to refer a dispute Dispute to arbitration even if the Supplier has started or has attempted to start court proceedings under clause 36.3Clause 34.3, unless the Buyer Relevant Authority has agreed to the court proceedings or participated in them. Even if court proceedings have started, the Parties must do everything necessary to ensure that the court proceedings are stayed in favour of any arbitration proceedings if they are started under clause 36.4Clause 34.4. 36.6 35.6 The Supplier cannot suspend the performance of the a Contract during any disputeDispute.

Appears in 1 contract

Sources: Order Form

Resolving Disputes. 36.1 If there is a dispute between Dispute, the Parties, their senior representatives of the Parties who have authority Customer to settle the dispute Dispute will, within 28 days of a written request from the other Party, meet in good faith to resolve the dispute by commercial negotiationDispute. 36.2 If the dispute Dispute is not resolved at that meeting, the Parties can attempt to settle it by mediation using the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure current at the time of the disputeDispute. If the Parties cannot agree on a mediator, the mediator will be nominated by CEDR. If either Party does not wish to use, or continue to use mediation, or mediation does not resolve the disputeDispute, the dispute Dispute must be resolved using clauses 36.3 Clauses 37.3 to 36.537.5. 36.3 Unless the Buyer Relevant Customer refers the dispute Dispute to arbitration using clause 36.4Clause 37.4, the Parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction. :jurisdiction to: determine the Dispute grant interim remedies grant any other provisional or protective relief 36.4 The Supplier agrees that the Buyer Relevant Customer has the exclusive right to refer any dispute Dispute to be finally resolved by arbitration under the London Court of International Arbitration Rules current at the time of the disputeDispute. There will be only one arbitrator. The seat or legal place of the arbitration will be London and the proceedings will be in English. 36.5 The Buyer Relevant Customer has the right to refer a dispute Dispute to arbitration even if the Supplier has started or has attempted to start court proceedings under clause 36.3proceedings, unless the Buyer Relevant Customer has agreed to the court proceedings or participated in them. Even if court proceedings have started, the Parties must do everything necessary to ensure that the court proceedings are stayed in favour of any arbitration proceedings if they are started under clause 36.4.proceedings 36.6 The Supplier cannot suspend the performance of the a Contract during any disputeDispute.

Appears in 1 contract

Sources: Framework Agreement

Resolving Disputes. 36.1 34.1 If there is a dispute between Dispute, the Parties, their senior representatives of the Parties who have authority to settle the dispute Dispute will, within 28 days of a written request from the other Party, meet in good faith to resolve the dispute by commercial negotiationDispute. 36.2 34.2 If the dispute Dispute is not resolved at that meeting, the Parties can attempt to settle it by mediation using the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure current currently at the time of the disputeDispute. If the Parties cannot agree on a mediator, the mediator will be nominated by CEDR. If either Party does not wish to use, or continue to use mediation, or mediation does not resolve the disputeDispute, the dispute Dispute must be resolved using clauses 36.3 Clauses 34.3 to 36.534.5. 36.3 34.3 Unless the Buyer Relevant Authority refers the dispute Dispute to arbitration using clause 36.4Clause 34.4, the Parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction. jurisdiction to: 36.4 (a) determine the Dispute; (b) grant interim remedies; and/or (c) grant any other provisional or protective relief. 34.4 The Supplier agrees that the Buyer Relevant Authority has the exclusive right to refer any dispute Dispute to be finally resolved by arbitration under the London Court of International Arbitration Rules current currently at the time of the disputeDispute. There will be only one arbitrator. The seat or legal place of the arbitration will be London and the proceedings will be in English. 36.5 34.5 The Buyer Relevant Authority has the right to refer a dispute Dispute to arbitration even if the Supplier has started or has attempted to start court proceedings under clause 36.3Clause 34.3, unless the Buyer Relevant Authority has agreed to the court proceedings or participated in them. Even if court proceedings have started, the Parties must do everything necessary to ensure that the court proceedings are stayed in favour of any arbitration proceedings if they are started under clause 36.4Clause 34.4. 36.6 34.6 The Supplier cannot suspend the performance of the a Contract during any disputeDispute.

Appears in 1 contract

Sources: Order Form

Resolving Disputes. 36.1 34.1 If there is a dispute between Dispute, the Parties, their senior representatives of the Parties who have authority to settle the dispute Dispute will, within 28 days of a written request from the other Party, meet in good faith to resolve the dispute by commercial negotiationDispute. 36.2 34.2 If the dispute Dispute is not resolved at that meeting, the Parties can attempt to settle it by mediation using the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure current at the time of the disputeDispute. If the Parties cannot agree on a mediator, the mediator will be nominated by CEDR▇▇▇▇. If either Party does not wish to use, or continue to use mediation, or mediation does not resolve the disputeDispute, the dispute Dispute must be resolved using clauses 36.3 Clauses 34.3 to 36.534.5. 36.3 34.3 Unless the Buyer refers the dispute Dispute to arbitration using clause 36.4Clause 34.4, the Parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction. :jurisdiction to: ● determine the Dispute ● grant interim remedies ● grant any other provisional or protective relief 36.4 34.4 The Supplier agrees that the Buyer has the exclusive right to refer any dispute Dispute to be finally resolved by arbitration under the London Court of International Arbitration Rules current at the time of the disputeDispute. There will be only one arbitrator. The seat or legal place of the arbitration will be London and the proceedings will be in English. 36.5 34.5 The Buyer has the right to refer a dispute Dispute to arbitration even if the Supplier has started or has attempted to start court proceedings under clause 36.3Clause 34.3, unless the Buyer has agreed to the court proceedings or participated in them. Even if court proceedings have started, the Parties must do everything necessary to ensure that the court proceedings are stayed in favour of any arbitration proceedings if they are started under clause 36.4. 36.6 The Supplier cannot suspend the performance of the Contract during any dispute.in

Appears in 1 contract

Sources: Award Form

Resolving Disputes. 36.1 26.1 If there is a dispute between Dispute, the Parties, their senior representatives of the Parties who have authority to settle the dispute Dispute will, within 28 days of a written request from the other Party, meet in good faith to resolve the dispute by commercial negotiationDispute. 36.2 26.2 If the dispute Dispute is not resolved at that meeting, the Parties can attempt to settle it by mediation using the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure current at the time of the disputeDispute. If the Parties cannot agree on a mediator, the mediator will be nominated by CEDR▇▇▇▇. If either Party does not wish to use, or continue to use mediation, or mediation does not resolve the disputeDispute, the dispute Dispute must be resolved using clauses 36.3 Clauses 26.3 to 36.526.5 of Schedule 2. 36.3 26.3 Unless the Buyer Relevant Authority refers the dispute Dispute to arbitration using clause 36.4Clause 26.4 of Schedule 2, the Parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction. jurisdiction to: 36.4 (a) determine the Dispute; (b) grant interim remedies; and/or (c) grant any other provisional or protective relief. 26.4 The Supplier agrees that the Buyer Relevant Authority has the exclusive right to refer any dispute Dispute to be finally resolved by arbitration under the London Court of International Arbitration Rules current at the time of the disputeDispute. There will be only one arbitrator. The seat or legal place of the arbitration will be London and the proceedings will be in English. 36.5 26.5 The Buyer Relevant Authority has the right to refer a dispute Dispute to arbitration even if the Supplier has started or has attempted to start court proceedings under clause 36.3Clause 26.3 of Schedule 2, unless the Buyer Relevant Authority has agreed to the court proceedings or participated in them. Even if court proceedings have started, the Parties must do everything necessary to ensure that the court proceedings are stayed in favour of any arbitration proceedings if they are started under clause 36.4Clause 26.4 of Schedule 2. 36.6 26.6 The Supplier cannot suspend the performance of the this Framework Contract or any Contract during any disputeDispute.

Appears in 1 contract

Sources: Framework Contract

Resolving Disputes. 36.1 ‌ 35.1 If there is a dispute between the Parties, their senior representatives who have authority to settle the dispute will, within 28 days of a written request from the other Party, meet in good faith to resolve the dispute by commercial negotiation. 36.2 35.2 If the dispute is not resolved at that meeting, the Parties can attempt to settle it by mediation using the Centre for Effective Dispute Resolution (“CEDR”) Model Mediation Procedure current at the time of the dispute. If the Parties cannot agree on a mediator, the mediator will be nominated by CEDR. If either Party does not wish to use, or continue to use mediation, or mediation does not resolve the dispute, the dispute must be resolved using clauses 36.3 35.3 to 36.535.5. 36.3 35.3 Unless the Buyer refers the dispute to arbitration using clause 36.435.4, the Parties irrevocably agree that the courts of England and Wales have exclusive jurisdiction. : 36.4 35.4 The Supplier agrees that the Buyer has the exclusive right to refer any dispute to be finally resolved by arbitration under the London Court of International Arbitration Rules current at the time of the dispute. There will be only one arbitrator. The seat or legal place of the arbitration will be London and the proceedings will be in English.English.‌ 36.5 35.5 The Buyer has the right to refer a dispute to arbitration even if the Supplier has started or has attempted to start court proceedings under clause 36.335.3, unless the Buyer has agreed to the court proceedings or participated in them. Even if court proceedings have started, the Parties must do everything necessary to ensure that the court proceedings are stayed in favour of any arbitration proceedings if they are started under clause 36.4.35.4.‌ 36.6 35.6 The Supplier cannot suspend the performance of the Contract during any dispute.

Appears in 1 contract

Sources: Supply of Goods and/or Services Contract