Resolving Disputes. 34.1 If there is a Dispute, the senior representatives of the Parties 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. 34.2 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 34.3 to 34.5. 34.3 Unless the Relevant Authority refers the Dispute to arbitration using Clause 34.4, the Parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction to: (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 Relevant 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. 34.5 The Relevant 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 34.3, unless the 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 34.4. 34.6 The Supplier cannot suspend the performance of a Contract during any Dispute.
Appears in 3 contracts
Sources: Order Form, Call Off Contract for Water and Ancillary Services, Order Form for Services Under Framework Agreement
Resolving Disputes. 34.1 33.1 If there is a Disputedispute between the Parties, the 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 Disputedispute.
34.2 33.2 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 34.3 clauses 33.3 to 34.533.5.
34.3 33.3 Unless the Relevant Authority Buyer refers the Dispute dispute to arbitration using Clause 34.4clause 33.4, the Parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction to:
(a) determine the Disputedispute;
(b) grant interim remedies; and/or;
(c) grant any other provisional or protective relief.
34.4 33.4 The Supplier agrees that the Relevant Authority 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.
34.5 33.5 The Relevant Authority 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 34.3clause 33.3, unless the Relevant Authority 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 34.4clause 33.4.
34.6 33.6 The Supplier cannot suspend the performance of a the Contract during any Disputedispute.
Appears in 3 contracts
Sources: Short Form Contract for the Supply of Goods and/or Services, Contract for the Provision of the Covid 19 Vaccine and Treatment Tracker Platform, Supply Agreement
Resolving Disputes. 34.1 33.1 If there is a Disputedispute between the Parties, the 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 Disputedispute.
34.2 33.2 If the Dispute dispute is not resolved at that meeting, the Parties can attempt to settle it by mediation using the usingthe 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 34.3 clauses 33.3 to 34.533.5.
34.3 33.3 Unless the Relevant Authority Buyer refers the Dispute dispute to arbitration using Clause 34.4clause 33.4, the Parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction to:
(a) determine the Disputedispute;
(b) grant interim remedies; and/or;
(c) grant any other provisional or protective relief.
34.4 33.4 The Supplier agrees that the Relevant Authority 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.
34.5 33.5 The Relevant Authority 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 34.3clause 33.3, unless the Relevant Authority 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 theyare started under Clause 34.4clause 33.4.
34.6 33.6 The Supplier cannot suspend the performance of a the Contract during any Disputedispute.
Appears in 2 contracts
Sources: Contract for Services, Contract for Services
Resolving Disputes. 34.1 33.1 If there is a Disputedispute between the Parties, the their senior representatives of the Parties who have authority to settle the Dispute dispute will, within 28 (twenty eight) days of a written request from the other Party, meet in good faith to resolve the Disputedispute.
34.2 33.2 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 34.3 clauses 33.3 to 34.533.5.
34.3 33.3 Unless the Relevant Authority Buyer refers the Dispute dispute to arbitration using Clause 34.4clause 33.4, the Parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction to:
(a) determine the Disputedispute;
(b) grant interim remedies; and/or;
(c) grant any other provisional or protective relief.
34.4 33.4 The Supplier agrees that the Relevant Authority 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.
34.5 33.5 The Relevant Authority 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 34.3clause 33.3, unless the Relevant Authority 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 34.4clause 33.4.
34.6 33.6 The Supplier cannot suspend the performance of a the Contract during any Disputedispute.
Appears in 2 contracts
Sources: Contract for Services, Supply Agreement
Resolving Disputes. 34.1 If there is a Dispute, the senior representatives of the Parties 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.
34.2 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 34.3 to 34.5.
34.3 Unless the Relevant Authority refers the Dispute to arbitration using Clause 34.4, the Parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction to:
(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 Relevant 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.
34.5 The Relevant 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 34.3, unless the 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 34.4.
34.6 The Supplier cannot suspend the performance of a Contract during any Dispute.
Appears in 2 contracts
Sources: Finance Lease, Finance Lease
Resolving Disputes. 34.1 33.1 If there is a Disputedispute between the Parties, the 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 Disputedispute.
34.2 33.2 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 34.3 clauses 33.3 to 34.533.5.
34.3 33.3 Unless the Relevant Authority Buyer refers the Dispute dispute to arbitration using Clause 34.4clause 33.4, the Parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction to:
(a) determine the Disputedispute;
(b) grant interim remedies; and/or;
(c) grant any other provisional or protective relief.
34.4 33.4 The Supplier agrees that the Relevant Authority 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.
34.5 33.5 The Relevant Authority 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 34.3clause 33.3, unless the Relevant Authority 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 34.4clause 33.4.
34.6 33.6 The Supplier cannot suspend the performance of a the Contract during any Disputedispute.
Appears in 2 contracts
Sources: Supply Agreement, Contract for Services
Resolving Disputes. 34.1 30.1 If there is a Disputedispute between the Parties, the 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 Disputedispute.
34.2 30.2 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 34.3 clauses 30.3 to 34.530.5.
34.3 30.3 Unless the Relevant Authority Buyer refers the Dispute dispute to arbitration using Clause 34.4clause 30.4, the Parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction to:
(a) determine the Disputedispute;
(b) grant interim remedies; and/or;
(c) grant any other provisional or protective relief.
34.4 30.4 The Supplier agrees that the Relevant Authority 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.
34.5 30.5 The Relevant Authority 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 34.3, clause 30.3 unless the Relevant Authority 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 34.4clause 30.4.
34.6 30.6 The Supplier cannot suspend the performance of a the Contract during any Disputedispute.
Appears in 1 contract
Sources: Order Form
Resolving Disputes. 34.1 31.1. If there is a Disputedispute between the Parties, the 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 Disputedispute.
34.2 31.2. 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 34.3 clauses 31.3 to 34.531.5.
34.3 31.3. Unless the Relevant Authority National Highways refers the Dispute dispute to arbitration using Clause 34.4clause 31.4, the Parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction to:
(a) 31.3.1. determine the Disputedispute;
(b) 31.3.2. grant interim remedies; and/orand
(c) 31.3.3. grant any other provisional or protective relief.
34.4 31.4. The Supplier agrees that the Relevant Authority National Highways 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.
34.5 The Relevant Authority 31.5. National Highways 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 34.3clause 31.4, unless the Relevant Authority National Highways 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 34.4clause 31.4.
34.6 31.6. The Supplier cannot suspend the performance of a Contract the SEDPS Agreement during any Disputedispute.
Appears in 1 contract
Sources: Sedps Agreement
Resolving Disputes. 34.1 35.1 If there is a Disputedispute between the Parties, the 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 Disputedispute.
34.2 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 34.3 clauses 35.3 to 34.535.5.
34.3 35.3 Unless the Relevant Authority refers the Dispute dispute to arbitration using Clause 34.4clause 35.4, the Parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction to:
(a) determine the Disputedispute;
(b) grant interim remedies; and/or;
(c) grant any other provisional or protective relief.
34.4 35.4 The Supplier agrees that the 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.
34.5 35.5 The 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 34.3clause 35.3, unless the 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 34.4clause 35.4.
34.6 35.6 The Supplier cannot suspend the performance of a the Contract during any Disputedispute.
35.7 The provisions of this clause 35 are without prejudice to the Authority’s right to terminate or suspend the Contract under clause 11.
Appears in 1 contract
Sources: Contract for the Supply of Stacking of Nature Market Credits
Resolving Disputes. 34.1 23.1 If there is a Disputedispute between the Parties, the 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 Disputedispute.
34.2 23.2 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 34.3 clauses 23.3 to 34.523.5.
34.3 23.3 Unless the Relevant Authority refers the Dispute dispute to arbitration using Clause 34.4clause 21.4, the Parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction to:
(a) determine the Disputedispute;
(b) grant interim remedies; and/or;
(c) grant any other provisional or protective relief.
34.4 23.4 The Supplier agrees that the 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.
34.5 23.5 The 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 34.3clause 21.3, unless the 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 34.4clause 23.4.
34.6 23.6 The Supplier cannot suspend the performance of a Contract the Agreement during any Disputedispute.
Appears in 1 contract
Sources: Proof of Concept Agreement
Resolving Disputes. 34.1 32.1 If there is a Disputedispute, the senior representatives of Buyer’s Authorised Representative and the Parties who have authority to settle the Dispute Supplier’s Authorised Representative will, within 28 twenty-eight days of a written request from the other Party, meet in good faith to resolve the Disputedispute by commercial negotiation.
34.2 32.2 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 34.3 32.3 to 34.532.5.
34.3 32.3 Unless the Relevant Authority Buyer refers the Dispute dispute to arbitration using Clause 34.432.4, the Parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction to:
(a) 32.3.1 determine the Disputedispute;
(b) 32.3.2 grant interim remedies; and/orand
(c) 32.3.3 grant any other provisional or protective relief.
34.4 32.4 The Supplier agrees that the Relevant Authority 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.
34.5 32.5 The Relevant Authority 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 34.3▇▇▇▇▇▇ 32.3, unless the Relevant Authority 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 34.432.4.
34.6 32.6 The Supplier cannot suspend the performance of a the Contract during any Disputedispute.
Appears in 1 contract
Sources: Network Rail Contract for Goods and/or Non Construction Services
Resolving Disputes. 34.1 33.1 If there is a Disputedispute between the Parties, the their senior representatives of the Parties who have authority au- thority to settle the Dispute dispute will, within 28 days of a written request from the other Party, meet in good faith to resolve the Disputedispute.
34.2 33.2 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 Proce- dure current at the time of the Disputedispute. If the Parties cannot agree on a mediator, the mediator media- tor will be nominated by CEDR. If either Party does not wish to use, or continue to use mediationme- diation, or mediation does not resolve the Disputedispute, the Dispute dispute must be resolved using Clauses 34.3 clauses 33.3 to 34.533.5.
34.3 33.3 Unless the Relevant Authority Buyer refers the Dispute dispute to arbitration using Clause 34.4clause 33.4, the Parties irrevocably irrev- ocably agree that the courts of England and Wales have the exclusive jurisdiction to:
(a) determine the Disputedispute;
(b) grant interim remedies; and/or;
(c) grant any other provisional or protective relief.
34.4 33.4 The Supplier agrees that the Relevant Authority Buyer has the exclusive right to refer any Dispute dis- pute to be finally resolved by arbitration under the London Court of International Arbitration Arbi- tration 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.
34.5 33.5 The Relevant Authority 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 34.3clause 33.3, unless the Relevant Authority Buyer has agreed to the court proceedings or participated in them. Even if court proceedings pro- ceedings 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 34.4clause 33.4.
34.6 33.6 The Supplier cannot suspend the performance of a the Contract during any Disputedis- pute.
Appears in 1 contract
Sources: Order Form
Resolving Disputes. 34.1 33.1 If there is a Dispute, the senior representatives of the Parties 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.
34.2 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 currently 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 34.3 to 34.5.
34.3 33.3 Unless the Relevant Authority refers the Dispute to arbitration using Clause 34.4, the Parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction to:
(a) determine the Dispute;
(b) grant interim remedies; and/or
(c) grant any other provisional or protective relief.
34.4 33.4 The Supplier agrees that the Relevant Authority has the exclusive right to refer any Dispute to be finally resolved by arbitration under the London Court of International Arbitration Rules current currently 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.
34.5 33.5 The Relevant 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 34.3, unless the 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 34.4.
34.6 33.6 The Supplier cannot suspend the performance of a Contract during any Dispute.
Appears in 1 contract
Sources: Call Off Contract
Resolving Disputes. 34.1 If there is a Dispute, the senior representatives of the Parties 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.
34.2 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 34.3 to 34.5.
34.3 Unless the Relevant Authority Buyer refers the Dispute to arbitration using Clause 34.4, the Parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction to:
(a) 1. determine the Dispute;
(b) 2. grant interim remedies; and/or
(c) 3. grant any other provisional or protective relief.
34.4 The Supplier agrees that the Relevant Authority 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.
34.5 The Relevant Authority 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 34.3, unless the Relevant Authority 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 34.4.
34.6 The Supplier cannot suspend the performance of a the Contract during any Dispute.
Appears in 1 contract
Sources: Supply Contract
Resolving Disputes. 34.1 If there is a Dispute, the senior representatives of the Parties 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.
34.2 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 34.3 to 34.5.
34.3 Unless the Relevant Authority refers the Dispute to arbitration using Clause 34.4, the Parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction to:
(a) : • determine the Dispute;
(b) Dispute • grant interim remedies; and/or
(c) remedies • grant any other provisional or protective relief.
34.4 The Supplier agrees that the Relevant 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.
34.5 The Relevant 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 34.3, unless the 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 34.4.
34.6 The Supplier cannot suspend the performance of a Contract during any Dispute.
Appears in 1 contract
Sources: Order Form
Resolving Disputes. 34.1 33.1. If there is a Disputedispute between the Party, the 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 Disputedispute.
34.2 33.2. If the Dispute dispute is not resolved at that meeting, the Parties Party 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 Party 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 34.3 clauses 33.3 to 34.533.5.
34.3 33.3. Unless the Relevant Authority Buyer refers the Dispute dispute to arbitration using Clause 34.4clause 33.4, the Parties Party irrevocably agree that the courts of England and Wales have the exclusive jurisdiction to:
(a) determine 33.3.1. Determine the Disputedispute;
(b) grant 33.3.2. ▇▇▇▇▇ interim remedies; and/orand
(c) grant 33.3.3. Grant any other provisional or protective relief.
34.4 33.4. The Supplier agrees that the Relevant Authority 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.
34.5 33.5. The Relevant Authority 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 34.3clause 33.3, unless the Relevant Authority Buyer has agreed to the court proceedings or participated in them. Even if court proceedings have started, the Parties Party must do everything necessary to ensure that the court proceedings are stayed in favour of any arbitration proceedings if they are started under Clause 34.4clause 33.4.
34.6 33.6. The Supplier cannot suspend the performance of a Contract the Buyer Agreement during any Disputedispute.
Appears in 1 contract
Sources: Buyer Agreement
Resolving Disputes. 34.1 32.1 If there is a Disputedispute between the Parties, the their senior representatives of the Parties who have authority to settle the Dispute dispute will, within 28 twenty-eight days of a written request from the other Party, meet in good faith to resolve the Disputedispute by commercial negotiation.
34.2 32.2 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 34.3 32.3 to 34.532.5.
34.3 32.3 Unless the Relevant Authority Buyer refers the Dispute dispute to arbitration using Clause 34.432.4, the Parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction to:
(a) 32.3.1 determine the Disputedispute;
(b) 32.3.2 grant interim remedies; and/orand
(c) 32.3.3 grant any other provisional or protective relief.
34.4 32.4 The Supplier agrees that the Relevant Authority 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.
34.5 32.5 The Relevant Authority 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 34.3▇▇▇▇▇▇ 32.3, unless the Relevant Authority 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 34.432.4.
34.6 32.6 The Supplier cannot suspend the performance of a the Contract during any Disputedispute.
Appears in 1 contract
Sources: Framework Contract for Goods and/or Non Construction Services
Resolving Disputes. 34.1 39.1 If there is a Dispute, the senior representatives of the Parties who have authority to settle the Dispute will, within 28 twenty eight (28) days of a written request from the other Party, meet in good faith to resolve the DisputeDispute by commercial negotiation.
34.2 39.2 If the Parties cannot resolve the Dispute is not resolved at that meetingvia 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 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 34.3 39.4 to 34.539.6.
34.3 39.3 Unless the Relevant Authority Buyer refers the Dispute to arbitration using Clause 34.439.5, the Parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction to:
(a) 39.3.1 determine the Dispute;
(b) 39.3.2 grant interim remedies; and/orand
(c) 39.3.3 grant any other provisional or protective relief.
34.4 39.4 The Supplier agrees that the Relevant Authority 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.
34.5 39.5 The Relevant Authority 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 34.339.4, unless the Relevant Authority 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 34.439.5.
34.6 39.6 The Supplier cannot suspend the performance of a this Contract during any Dispute.
Appears in 1 contract
Resolving Disputes. 34.1 33.1 If there is a Disputedispute between the Parties, the 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 Disputedispute.
34.2 33.2 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 34.3 clauses 30.3 to 34.530.5.
34.3 33.3 Unless the Relevant Authority Buyer refers the Dispute dispute to arbitration using Clause 34.4clause 30.4, the Parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction to:
(a) determine the Disputedispute;
(b) grant interim remedies; and/or;
(c) grant any other provisional or protective relief.
34.4 33.4 The Supplier agrees that the Relevant Authority 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.
34.5 33.5 The Relevant Authority 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 34.3clause 30.3, unless the Relevant Authority 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 34.4clause 30.4.
34.6 33.6 The Supplier cannot suspend the performance of a the Contract during any Disputedispute.
Appears in 1 contract
Sources: Order Form
Resolving Disputes. 34.1 39.1 If there is a Dispute, the senior representatives of the Parties who have authority au- thority to settle the Dispute will, within 28 twenty eight (28) days of a written request from the other Party, meet in good faith to resolve the DisputeDispute by commercial negotiation.
34.2 39.2 If the Parties cannot resolve the Dispute is not resolved at that meetingvia commercial negotiation, the Parties they can attempt to settle it by mediation using the Centre for Effective Dispute Resolution Reso- lution (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 34.3 39.3 to 34.539.5.
34.3 39.3 Unless the Relevant Authority Buyer refers the Dispute to arbitration using Clause 34.439.5, the Parties Par- ties irrevocably agree that the courts of England and Wales have the exclusive exclu- sive jurisdiction to:
(a) 39.3.1 determine the Dispute;
(b) 39.3.2 grant interim remedies; and/orand
(c) 39.3.3 grant any other provisional or protective relief.
34.4 39.4 The Supplier agrees that the Relevant Authority Buyer has the exclusive right to refer any Dispute Dis- pute to be finally resolved by arbitration under the London Court of International Interna- tional 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.
34.5 39.5 The Relevant Authority 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 34.339.3, unless the Relevant Authority Buyer has agreed to the court proceedings or participated in them. Even if court proceedings have started, the Parties must do everything necessary neces- sary to ensure that the court proceedings are stayed in favour of any arbitration arbitra- tion proceedings if they are started under Clause 34.439.4.
34.6 39.6 The Supplier cannot suspend the performance of a this Contract during any Dispute.
Appears in 1 contract
Sources: Award Form
Resolving Disputes. 34.1 31.1. If there is a Disputedispute between the Parties, the 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 Disputedispute.
34.2 31.2. 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 34.3 clauses 31.3 to 34.531.5.
34.3 31.3. Unless the Relevant Authority National Highways refers the Dispute dispute to arbitration using Clause 34.4clause 31.4, the Parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction to:
(a) determine 31.3.1. Determine the Disputedispute;
(b) grant 31.3.2. ▇▇▇▇▇ interim remedies; and/orand
(c) grant 31.3.3. Grant any other provisional or protective relief.
34.4 31.4. The Supplier agrees that the Relevant Authority National Highways 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.
34.5 The Relevant Authority 31.5. National Highways 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 34.3clause 31.4, unless the Relevant Authority National Highways 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 34.4clause 31.4.
34.6 31.6. The Supplier cannot suspend the performance of a Contract the SEDPS Agreement during any Disputedispute.
Appears in 1 contract
Sources: Sedps Agreement
Resolving Disputes. 34.1 32.1 If there is a Disputedispute, the senior representatives of Buyer’s Authorised Representative and the Parties who have authority to settle the Dispute Supplier’s Authorised Representative will, within 28 days of a written request from the other Party, meet in good faith to resolve the Disputedispute by commercial negotiation.
34.2 32.2 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 34.3 32.3 to 34.532.5.
34.3 32.3 Unless the Relevant Authority Buyer refers the Dispute dispute to arbitration using Clause 34.432.4, the Parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction to:
(a) 32.3.1 determine the Disputedispute;
(b) 32.3.2 grant interim remedies; and/orand
(c) 32.3.3 grant any other provisional or protective relief.
34.4 32.4 The Supplier agrees that the Relevant Authority 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.
34.5 32.5 The Relevant Authority 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 34.3▇▇▇▇▇▇ 32.3, unless the Relevant Authority 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 34.432.4.
34.6 32.6 The Supplier cannot suspend the performance of a the Contract during any Disputedispute.
Appears in 1 contract
Sources: Network Rail Contract for Goods and/or Non Construction Services
Resolving Disputes. 34.1 32.1 If there is a Disputedispute, the senior representatives of Buyer’s Authorised Representative and the Parties who have authority to settle the Dispute Supplier’s Authorised Representative will, within 28 days of a written request from the other Party, meet in good faith to resolve the Disputedispute.
34.2 32.2 If the Dispute dispute is not resolved at that meeting, meeting either Party can send a notice to the other explaining why it thinks the dispute has arisen and within 28 days the Parties will seek to resolve the dispute by commercial negotiation, led by senior representatives who have authority to settle it.
32.3 If the Parties cannot resolve the dispute via commercial negotiation, 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 34.3 32.4 to 34.532.6.
34.3 32.4 Unless the Relevant Authority Buyer refers the Dispute dispute to arbitration using Clause 34.432.5, the Parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction to:
(a) 32.4.1 determine the Disputedispute;
(b) 32.4.2 grant interim remedies; and/orand
(c) 32.4.3 grant any other provisional or protective relief.
34.4 32.5 The Supplier agrees that the Relevant Authority 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.
34.5 32.6 The Relevant Authority 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 34.3▇▇▇▇▇▇ 32.4, unless the Relevant Authority 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 34.432.5.
34.6 32.7 The Supplier cannot suspend the performance of a the Contract during any Disputedispute.
Appears in 1 contract
Sources: Network Rail Contract for Goods and/or Non Construction Services
Resolving Disputes. 34.1 32.1 If there is a Disputedispute between the Parties, the 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 Disputedispute.
34.2 32.2 If the Dispute is Parties cannot resolved resolve the dispute at that meeting, 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 34.3 32.3 to 34.532.5.
34.3 32.3 Unless the Relevant Authority Buyer refers the Dispute dispute to arbitration using Clause 34.432.4, the Parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction to:
(a) 32.3.1 determine the Disputedispute;
(b) 32.3.2 grant interim remedies; and/orand
(c) 32.3.3 grant any other provisional or protective relief.
34.4 32.4 The Supplier agrees that the Relevant Authority 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.
34.5 32.5 The Relevant Authority 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 34.3▇▇▇▇▇▇ 32.3, unless the Relevant Authority 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 34.432.4.
34.6 32.6 The Supplier cannot suspend the performance of a the Contract during any Disputedispute.
Appears in 1 contract
Sources: Framework Contract for Goods and/or Non Construction Services
Resolving Disputes. 34.1 33.1 If there is a Disputedispute between the Party, the 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 Disputedispute.
34.2 33.2 If the Dispute dispute is not resolved at that meeting, the Parties Party 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 Party 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 34.3 clauses 33.3 to 34.533.5.
34.3 33.3 Unless the Relevant Authority Buyer refers the Dispute dispute to arbitration using Clause 34.4clause 33.4, the Parties Party irrevocably agree that the courts of England and Wales have the exclusive jurisdiction to:
(a) determine the Disputedispute;
(b) grant interim remedies; and/orand
(c) grant any other provisional or protective relief.
34.4 33.4 The Supplier agrees that the Relevant Authority 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.
34.5 33.5 The Relevant Authority 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 34.3clause 33.3, unless the Relevant Authority Buyer has agreed to the court proceedings or participated in them. Even if court proceedings have started, the Parties Party must do everything necessary to ensure that the court proceedings are stayed in favour of any arbitration proceedings if they are started under Clause 34.4clause 33.4.
34.6 33.6 The Supplier cannot suspend the performance of a Contract the Buyer Agreement during any Disputedispute.
Appears in 1 contract
Sources: Buyer Agreement
Resolving Disputes. 34.1 36.1 If there is a Disputedispute between the Parties, the 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 Disputedispute.
34.2 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 34.3 clauses 36.3 to 34.536.5.
34.3 36.3 Unless the Relevant Authority Buyer refers the Dispute dispute to arbitration using Clause 34.4clause 36.4, the Parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction to:to:
(a) determine the Disputedispute;
(b) grant interim remedies; and/orand
(c) grant any other provisional or protective relief.
34.4 36.4 The Supplier agrees that the Relevant Authority 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.English.
34.5 36.5 The Relevant Authority 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 34.3clause 36.3, unless the Relevant Authority 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 34.4.clause 36.4.
34.6 36.6 The Supplier cannot suspend the performance of a the Contract during any Disputedispute.
Appears in 1 contract
Sources: Contract for Supply of Goods
Resolving Disputes. 34.1 32.1 If there is a Disputedispute between the Parties, the 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 Disputedispute by commercial negotiation.
34.2 32.2 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 34.3 32.3 to 34.532.5.
34.3 32.3 Unless the Relevant Authority Buyer refers the Dispute dispute to arbitration using Clause 34.432.4, the Parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction to:
(a) 32.3.1 determine the Disputedispute;
(b) 32.3.2 grant interim remedies; and/orand
(c) 32.3.3 grant any other provisional or protective relief.
34.4 32.4 The Supplier agrees that the Relevant Authority 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.
34.5 32.5 The Relevant Authority 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 34.3▇▇▇▇▇▇ 32.3, unless the Relevant Authority 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 34.432.4.
34.6 32.6 The Supplier cannot suspend the performance of a the Contract during any Disputedispute.
Appears in 1 contract
Sources: Framework Contract