Common use of Determination of Disputes Clause in Contracts

Determination of Disputes. Subject to clause 10.7 if any dispute arises relating to or arising out of the terms of this Agreement, a party may give to the other written notice requiring the dispute to be determined under this clause 10. The notice is to propose an appropriate Specialist and specify the nature and substance of the dispute and the relief sought in relation to the dispute. For the purposes of this clause 10 a “Specialist” is a person qualified to act as an expert in relation to the dispute and unless otherwise agreed in writing by the Owner and the Council having not less than ten years’ professional experience in relation to developments in the nature of the Development. Any dispute over the type of Specialist appropriate to resolve the dispute may be referred at the request of any party to the President or next most senior available officer of the Law Society from time to time who will have the power, with the right to take such further advice as he may require, to determine the appropriate type of Specialist and to arrange his nomination under clause 10.4. Any dispute over the identity of the Specialist is to be referred at the request of any party to the President or other most senior available officer of the organisation generally recognised as being responsible for the relevant type of Specialist who will have the power, with the right to take such further advice as he may require, to determine and nominate the appropriate Specialist or to arrange his nomination. If no such organisation exists, or the parties cannot agree the identity of the organisation, then the Specialist is to be nominated by the President or next most senior available officer of the Law Society. The Specialist is to act as an independent expert and: each party may make written representations within ten working days of his appointment and will copy the written representations to the other party or parties; each party is to have a further ten working days to make written comments on the other’s representations and will copy the written comments to the other party or parties; the Specialist is to be at liberty to call for such written evidence from the parties and to seek such legal or other expert assistance as he or she may reasonably require; the Specialist is not to take oral representations from the parties without giving all relevant parties the opportunity to be present and to give evidence and to cross‑examine each other; the Specialist is to have regard to all representations and evidence before him when making his decision, which is to be in writing, and is to give reasons for his decision; and the Specialist is to use all reasonable endeavours to publish his decision within 30 working days of his appointment. Responsibility for the costs of referring a dispute to a Specialist under this clause 10, including costs connected with the appointment of the Specialist and the Specialist’s own costs, but not the legal and other professional costs of any party in relation to a dispute, will be decided by the Specialist. This clause 10 does not apply to disputes in relation to matters of law or the construction or interpretation of this Agreement which will be subject to the jurisdiction of the courts.

Determination of Disputes. 11.1 Subject to clause 10.7 11.7, if any dispute arises relating to or arising out of the terms of this AgreementDeed, a either party may give to the other written notice requiring the dispute to be determined under this clause 1011. The notice is to propose an appropriate Specialist and specify the nature and substance of the dispute and the relief sought in relation to the dispute. . 11.2 For the purposes of this clause 10 11 a “Specialist” is a person qualified to act as an expert in relation to the dispute and unless otherwise agreed in writing by the Owner and the Council having not less than ten years’ professional experience in relation to developments in the nature of the Development. Development and property in the same locality as the Site. 11.3 Any dispute over the type of Specialist appropriate to resolve the dispute may be referred at the request of any either party to the President or next most senior available officer of the Law Society from time to time who will have the power, with the right to take such further advice as he may require, to determine the appropriate type of Specialist and to arrange his nomination under clause 10.4. 11.4. 11.4 Any dispute over the identity of the Specialist is to be referred at the request of any either party to the President or other most senior available officer of the organisation generally recognised as being responsible for the relevant type of Specialist who will have the power, with the right to take such further advice as he may require, to determine and nominate the appropriate Specialist or to arrange his nomination. If no such organisation exists, or the parties cannot agree the identity of the organisation, then the Specialist is to be nominated by the President or next most senior available officer of the Law Society. . 11.5 The Specialist is to act as an independent expert and: : 11.5.1 each party may make written representations within ten working days of his appointment and will copy the written representations to the other party or parties; party; 11.5.2 each party is to have a further ten working days to make written comments on the other’s representations and will copy the written comments to the other party or parties; party; 11.5.3 the Specialist is to be at liberty to call for such written evidence from the parties and to seek such legal or other expert assistance as he or she may reasonably require; ; 11.5.4 the Specialist is not to take oral representations from the parties without giving all relevant both parties the opportunity to be present and to give evidence and to cross‑examine cross-examine each other; ; 11.5.5 the Specialist is to have regard to all representations and evidence before him when making his decision, which is to be in writing, and is to give reasons for his decision; and and 11.5.6 the Specialist is to use all reasonable endeavours to publish his decision within 30 working days of his appointment. . 11.6 Responsibility for the costs of referring a dispute to a Specialist under this clause 1011, including costs connected with the appointment of the Specialist and the Specialist’s own costs, but not the legal and other professional costs of any party in relation to a dispute, will be decided by the Specialist. . 11.7 This clause 10 11 does not apply to disputes in relation to matters of law or the construction or interpretation of this Agreement Deed which will be subject to the jurisdiction of the courts.

Determination of Disputes. 19.1 Subject to clause 10.7 19.7, if any dispute arises relating to or arising out of the terms of this Agreement, a party Party may give to the other written notice requiring the dispute to be determined under this clause 1019. The notice is to propose an appropriate Specialist and specify the nature and substance of the dispute and the relief sought in relation to the dispute. . 19.2 For the purposes of this clause 10 19 a “Specialist” is a person qualified to act as an expert in relation to the dispute and unless otherwise agreed in writing by the Owner and the Council having not less than ten years’ professional experience in relation to developments in the nature of the Development. Development and property in the same locality as the Site. 19.3 Any dispute over the type of Specialist appropriate to resolve the dispute may be referred at the request of any party Party to the President or next most senior available officer of the Law Society from time to time who will have the power, with the right to take such further advice as he they may require, to determine the appropriate type of Specialist and to arrange his their nomination under clause 10.4. 19.4. 19.4 Any dispute over the identity of the Specialist is to be referred at the request of any party Party to the President or other most senior available officer of the organisation generally recognised as being responsible for the relevant type of Specialist who will have the power, with the right to take such further advice as he they may require, to determine and nominate the appropriate Specialist or to arrange his nomination. If no such organisation exists, or the parties cannot agree the identity of the organisation, then the Specialist is to be nominated by the President or next most senior available officer of the Law Society. . 19.5 The Specialist is to act as an independent expert and: : 19.5.1 each party Party may make written representations within ten working days Working Days of his their appointment and will copy the written representations to the other party or parties; Parties; 19.5.2 each party Party is to have a further ten working days Working Days to make written comments on the other’s representations and will copy the written comments to the other party or parties; Parties; 19.5.3 the Specialist is to be at liberty to call for such written evidence from the parties Parties and to seek such legal or other expert assistance as he or she they may reasonably require; ; 19.5.4 the Specialist is not to take oral representations from the parties Parties without giving all relevant parties both Parties the opportunity to be present and to give evidence and to cross‑examine cross-examine each other; ; 19.5.5 the Specialist is to have regard to all representations and evidence before him them when making his their decision, which is to be in writing, and is to give reasons for his their decision; and and 19.5.6 the Specialist is to use all reasonable endeavours to publish his their decision within 30 working days thirty Working Days of his appointment. . 19.6 Responsibility for the costs of referring a dispute to a Specialist under this clause 1019, including costs connected with the appointment of the Specialist and the Specialist’s own costs, but not the legal and other professional costs of any party in relation to a dispute, will be decided by the Specialist. . 19.7 This clause 10 19 does not apply to disputes in relation to matters of law or the construction or interpretation of this Agreement which will be subject to the jurisdiction of the courts.

Determination of Disputes. 21.1 Subject to clause 10.7 21.7, if any dispute arises relating to or arising out of the terms of this Agreement, a either party may give to the other written notice requiring the dispute to be determined under this clause 1021. The notice is to propose an appropriate Specialist and specify the nature and substance of the dispute and the relief sought in relation to the dispute. . 21.2 For the purposes of this clause 10 21 a “Specialist” is a person qualified to act as an expert in relation to the dispute and unless otherwise agreed in writing by the Owner and the Council having not less than ten years’ professional experience in relation to developments in the nature of the Development. Development and property in the same locality as Plot H1. 21.3 Any dispute over the type of Specialist appropriate to resolve the dispute may be referred at the request of any either party to the President or next most senior available officer of the Law Society from time to time who will have the power, with the right to take such further advice as he may require, to determine the appropriate type of Specialist and to arrange his nomination under clause 10.4. 21.4. 21.4 Any dispute over the identity of the Specialist is to be referred at the request of any either party to the President or other most senior available officer of the organisation generally recognised as being responsible for the relevant type of Specialist who will have the power, with the right to take such further advice as he may require, to determine and nominate the appropriate Specialist or to arrange his nomination. If no such organisation exists, or the parties cannot agree the identity of the organisation, then the Specialist is to be nominated by the President or next most senior available officer of the Law Society. . 21.5 The Specialist is to act as an independent expert and: : 21.5.1 each party may make written representations within ten working days Working Days of his appointment and will copy the written representations to the other party or parties; party; 21.5.2 each party is to have a further ten working days Working Days to make written comments on the other’s representations and will copy the written comments to the other party or parties; party; 21.5.3 the Specialist is to be at liberty to call for such written evidence from f rom the parties and to seek such legal or other expert assistance as he or she may reasonably require; ; 21.5.4 the Specialist is not to take oral representations from f rom the parties without giving all relevant both parties the opportunity to be present and to give evidence and to cross‑examine cross- examine each other; ; 21.5.5 the Specialist is to have regard to all representations and evidence before him when making his decision, which is to be in writing, and is to give reasons for his decision; and and 21.5.6 the Specialist is to use all reasonable endeavours to publish his decision within 30 working days thirty Working Days of his appointment. .; and 21.5.7 save in the case of manifest error the decision of the Specialist shall be f inal and binding on the Parties. 21.6 Responsibility for the costs of referring a dispute to a Specialist under this clause 1021, including costs connected with the appointment of the Specialist and the Specialist’s own costs, but not the legal and other professional costs of any party in relation to a dispute, will be decided by the Specialist. . 21.7 This clause 10 21 does not apply to disputes in relation to matters of law or the construction or interpretation of this Agreement which will be subject to the jurisdiction of the courtsco urts.

Determination of Disputes. 20.1 Subject to clause 10.7 20.7, if any dispute arises relating to or arising out of the terms of this Agreement, a either party may give to the other written notice requiring the dispute to be determined under this clause 1020. The notice is to propose an appropriate Specialist and specify the nature and substance of the dispute and the relief sought in relation to the dispute. . 20.2 For the purposes of this clause 10 20 a “Specialist” is a person qualified to act as an expert in relation to the dispute and unless otherwise agreed in writing by the Owner and the Council having not less than ten years’ professional experience in relation to developments in the nature of the Development. Development and property in the same locality as the Site. 20.3 Any dispute over the type of Specialist appropriate to resolve the dispute may be referred at the request of any either party to the President or next most senior available officer of the Law Society from time to time who will have the power, with the right to take such further advice as he may require, to determine the appropriate type of Specialist and to arrange his nomination under clause 10.4. 20.4. 20.4 Any dispute over the identity of the Specialist is to be referred at the request of any either party to the President or other most senior available officer of the organisation generally recognised as being responsible for the relevant type of Specialist who will have the power, with the right to take such further advice as he may require, to determine and nominate the appropriate Specialist or to arrange his nomination. If no such organisation exists, or the parties cannot agree the identity of the organisation, then the Specialist is to be nominated by the President or next most senior available officer of the Law Society. . 20.5 The Specialist is to act as an independent expert and: : 20.5.1 each party may make written representations within ten working days Working Days of his appointment and will copy the written representations to the other party or parties; party; 20.5.2 each party is to have a further ten working days Working Days to make written comments on the other’s representations and will copy the written comments to the other party or parties; party; 20.5.3 the Specialist is to be at liberty to call for such written evidence from the parties and to seek such legal or other expert assistance as he or she may reasonably require; ; 20.5.4 the Specialist is not to take oral representations from the parties without giving all relevant both parties the opportunity to be present and to give evidence and to cross‑examine cross-examine each other; ; 20.5.5 the Specialist is to have regard to all representations and evidence before him when making his decision, which is to be in writing, and is to give reasons for his decision; and and 20.5.6 the Specialist is to use all reasonable endeavours to publish his decision within 30 working days thirty Working Days of his appointment. . 20.6 Responsibility for the costs of referring a dispute to a Specialist under this clause 1020, including costs connected with the appointment of the Specialist and the Specialist’s own costs, but not the legal and other professional costs of any party in relation to a dispute, will be decided by the Specialist. . 20.7 This clause 10 20 does not apply to disputes in relation to matters of law or the construction or interpretation of this Agreement which will be subject to the jurisdiction of the courts.

Determination of Disputes. 9.1 Subject to clause 10.7 9.7, if any dispute arises out of or relating to or arising out of the terms of this AgreementDeed, a party any Party may give to the other Parties written notice requiring the dispute to be determined under this clause 10. The 9. 9.2 Any notice is given pursuant to clause 9.1 above must propose an appropriate Specialist and specify the nature and substance of the dispute and the relief sought in relation to the dispute. For the purposes of this clause 10 a “Specialist” is a person qualified to act as an expert in relation to the dispute and unless otherwise agreed in writing by the Owner and the Council having not less than ten years’ professional experience in relation to developments in the nature of the Development. . 9.3 Any dispute over the type of Specialist appropriate to resolve the dispute may be referred at the request of any party to the President dispute to the president or the next most senior available officer of the Law Society from time to time who will have the power, with the right to take such further advice as he they may require, to determine the appropriate type of Specialist and to arrange his the Specialist's nomination under clause 10.4. 9.4. 9.4 Any dispute over the identity of the Specialist is to be referred at the request of any party to the dispute to the President or other most senior available officer of the organisation generally recognised as being responsible for the relevant type of Specialist who will have the power, with the right to take such further advice as he they may require, to determine and nominate the appropriate Specialist or to arrange his their nomination. If no such organisation exists, or the parties to the dispute cannot agree the identity of the organisation, then the Specialist is to be nominated by the President or next most senior available officer of the Law Society. . 9.5 The Specialist is to act as an independent expert and: : 9.5.1 each party to the dispute may make written representations within ten working days 10 (ten) Working Days of his the appointment of the Specialist and will copy the written representations to the other party or parties; party; 9.5.2 each party to the dispute is to have a further ten working days 10 (ten) Working Days to make written comments on the other’s 's representations and will copy the written comments to the other party or parties; party; 9.5.3 the Specialist is to be at liberty to call for such written evidence from the parties to the dispute and to seek such legal or other expert assistance as he or she they may reasonably require; ; 9.5.4 the Specialist is not permitted to take oral representations from the parties to the dispute without giving all relevant both parties the opportunity to be present and to give evidence and to cross‑examine cross-examine each other; ; 9.5.5 the Specialist is to have regard to all representations and evidence before him them when making his their decision, which is to be in writing, and is to the Specialist must give written reasons for his their decision; and and 9.5.6 the Specialist is to must use all reasonable endeavours to publish his their decision within 30 working days (thirty) Working Days of his their appointment. . 9.6 Responsibility for the costs of referring a dispute to a Specialist under this clause 109, including costs connected with the appointment of the Specialist and the Specialist’s 's own costs, but not the legal and other professional costs of any party in relation to a dispute, will be decided by the Specialist. . 9.7 This clause 10 9 does not apply to disputes in relation to matters of law or the construction or interpretation of this Agreement Deed which will be subject to the jurisdiction of the courtscourts and nothing in this clause prevents any Party from seeking or pursuing relief without recourse to this clause.

Determination of Disputes. Subject to clause 10.7 if 12.1 If any dispute arises between the Tenant and the Landlord relating to or arising out of the terms of this Agreement, a party the Landlord or the Tenant may give to the other written notice requiring the dispute to be determined under this clause 1012. The notice is to to: 12.1.1 propose an appropriate Specialist; 12.1.2 state whether the Specialist and is to act as an independent expert or an arbitrator, having regard to the terms of this clause 12; and 12.1.3 specify the nature and substance of the dispute and the relief sought in relation to the dispute. . 12.2 For the purposes of this clause 10 12 a “Specialist” is a person person: 12.2.1 qualified to act as an expert or an arbitrator in relation to the dispute and unless otherwise agreed in writing by the Owner and the Council dispute; 12.2.2 having not less than ten years’ professional experience; and 12.2.3 having practical experience in relation to developments in the nature of the Development. Any Development and property in the same locality as the Property and the Retained Buildings. 12.3 The recipient of a notice under clause 12.1 will be deemed to accept the identity of the Specialist and the capacity in which he is to act unless it gives notice in writing to the party serving the notice rejecting one or more of the proposals within five working days of receipt of the notice and on the service of a notice rejecting one or more of the proposals, clause 12.4 will apply. 12.4 Unless the Tenant and the Landlord agree or are deemed to agree the terms for resolving the dispute set out in the notice served under clause 12.1: 12.4.1 any dispute over the type of Specialist appropriate to resolve the dispute or the capacity in which a Specialist is to act may be referred at the request of any party the Tenant or the Landlord to the President or next most senior available officer of the Law Society from time to time who will have the power, with the right to take such further advice as he may require, to determine the appropriate type Royal Institution of Specialist and to arrange his nomination under clause 10.4. Any dispute over the identity of the Specialist is to be referred at the request of any party to the President or other most senior available officer of the organisation generally recognised as being responsible for the relevant type of Specialist Chartered Surveyors who will have the power, with the right to take such further advice as he may require, to determine and nominate the appropriate Specialist or to arrange his nominationnomination and to determine the capacity in which the Specialist is to act; and 12.4.2 any dispute over the identity of the Specialist is to be referred at the request of the Tenant or the Landlord to the President or other most senior available officer of the organisation generally recognised as being responsible for the relevant type of Specialist. If no such organisation exists, or the parties cannot agree the identity of the organisation, then the Specialist is to be nominated by the President or next most senior available officer of the Law Society. Royal Institution of Chartered Surveyors. 12.5 The reference to a Specialist is to be made to him as an expert unless: 12.5.1 the dispute is of such a nature that it is not capable of being determined by an expert; 12.5.2 both the Tenant and the Landlord agree, or are deemed to agree, that the Specialist should act as an arbitrator; 12.5.3 this Agreement specifies that the dispute is to be determined by an arbitrator; or 12.5.4 clause 12.6 applies. 12.6 If any dispute raises or relates to the same or similar issues as those which have been or are being submitted to independent determination under the Building Contract, the Landlord and the Tenant will endeavour to appoint the same person acting in the same capacity as may be appointed to resolve the dispute under the Building Contract and to have the dispute proceedings under this Agreement and the Building Contract consolidated. 12.7 Where a Specialist is to act as an independent expert and: each party expert: 12.7.1 The Tenant and the Landlord may make written representations within ten working days of his appointment and will copy the written representations to the other party or parties; each party is party; 12.7.2 The Tenant and the Landlord are to have a further ten working days to make written comments on the each other’s representations and will copy the written comments to the other party or parties; party; 12.7.3 the Specialist is to be at liberty to call for such written evidence from the parties and to seek such legal or other expert assistance as he or she may reasonably require; ; 12.7.4 the Specialist is not to take oral representations from the parties Tenant or the Landlord without giving all relevant both parties the opportunity to be present and to give evidence and to cross‑examine cross-examine each other; ; 12.7.5 the Specialist is to have regard to all representations and evidence before him when making his decision, which is to be in writing, and is to give reasons for his decision; and and 12.7.6 the Specialist is to use all reasonable endeavours to publish his decision within 30 working days of his appointment. . 12.8 Where a Specialist is to act as an arbitrator: 12.8.1 all submissions made or evidence supplied to him are to be in writing unless the parties agree within ten working days of his appointment that this requirement does not apply; 12.8.2 the date of his award will be deemed to be the date on which he serves a copy of the award on the Tenant and the Landlord; 12.8.3 he will not be entitled to order the rectification, setting aside or cancellation of this Agreement or any other deed or document; 12.8.4 he will not be entitled to direct that the recoverable costs of the arbitration, or any part of it, be limited to a specified amount; and 12.8.5 he will not be entitled to require that security be provided in respect of the costs of the arbitration. 12.9 Responsibility for the costs of referring a dispute to a Specialist under this clause 1012, including costs connected with the appointment of the Specialist and the Specialist’s own costs, but not the legal and other professional costs of any party in relation to a dispute, will be decided by the Specialist. This clause 10 does not apply to disputes in relation to matters of law or the construction or interpretation of this Agreement which will be subject to the jurisdiction of the courts.