Common use of Determination of Disputes Clause in Contracts

Determination of Disputes. In the event of there being a dispute arising out of this Deed or the subject matter thereof the following provisions shall apply: 17.1 The Parties shall use their reasonable endeavours to resolve the dispute by agreement. 17.2 If agreement cannot be reached the matter in dispute shall be referred to and settled by some independent and fit person holding appropriate professional qualifications to be appointed (in the absence of agreement) by the President (or equivalent person) for the time being of the professional body chiefly relevant in England to such qualifications and such person shall act as an expert on the application of either Party after giving notice in writing to the other party to this Deed. 17.3 The person to be appointed pursuant to clause 17.2 shall be a person having ten years or more post qualification experience of projects comprising works of the scale and nature of the Development. 17.4 Reference to the expert shall be on terms that determination shall take place within 28 working days of the expert accepting his instructions. 17.5 The expert shall have the power to award costs of the determination in favour of either Party to the dispute at the expense of the other Party and failing such determination such costs shall be borne by the parties in equal shares. 17.6 The expert shall be limited in his findings to the matter in dispute referred to him and shall provide written reasons for his decision. 17.7 The findings of the expert shall (other than in the case of a manifest material error) be final and binding on the parties to the dispute 17.8 For the avoidance of doubt references to ‘Party’ or ‘Parties’ in clause 17.1 exclude the County Council and the County Council shall not be required to submit to or be bound by the provisions of Clauses 17.1 -17.7. 17.9 For the avoidance of doubt this Clause shall not limit the right of any Party to refer any matter to the courts for determination.

Determination of Disputes. 14.1 In the event of there being a any dispute arising out of this Deed or in relation to the subject matter thereof of this Agreement then the following provisions parties shall apply: 17.1 The Parties shall use their reasonable endeavours endeavour to resolve the dispute on a good faith basis by agreementsuch means as they consider reasonable. 17.2 If agreement cannot be reached 14.2 In the matter event that the parties are unable to agree on the resolution of a dispute as set out in clause 14.1 within 15 Business Days of the dispute arising, then the parties agree to refer the dispute to determination by the respective Chief Executive Officers of the parties. 14.3 Should the respective Chief Executive Officers of the parties fail to determine or agree the dispute as set out in clause 14.2 within 15 Business Days of the dispute being referred to them, then the parties shall refer the dispute to determination by an expert in accordance with this clause 14. The expert shall be referred agreed on by the parties or, if they fail to and settled by some independent and fit person holding appropriate professional qualifications agree, to be appointed (in decided on the absence of agreement) application at any time by the party to the President (or equivalent person) for the time being of the professional body chiefly relevant Royal Institution of Chartered Surveyors. 14.4 The expert shall be entitled to conduct the matter in England such manner as he shall decide and shall be entitled to seek such qualifications advice in reaching such determination as he thinks fit and such person both parties shall act as an provide the expert on with all necessary assistance which the application of either Party after giving notice in writing expert or arbitrator requires to consider the dispute and shall supply to the other party expert all documentation and information relevant and material to this Deedthe dispute. 17.3 The person to be appointed pursuant to clause 17.2 shall be a person having ten years or more post qualification experience 14.5 All decisions of projects comprising works of the scale and nature of the Development. 17.4 Reference to the expert shall be on terms that determination final and binding, save in the case of manifest error. 14.6 The expert shall take place within 28 working days in giving his decision, agreement, statement or opinion be acting as an expert and not an arbitrator and any provisions of law relating to arbitration, including the Arbitration Xxx 0000, shall not apply. 14.7 The fees of the expert accepting his instructions. 17.5 The expert shall have the power to award costs (and any fees in respect of the determination in favour nomination of either Party to the dispute at the expense of the other Party and failing such determination such costs any expert) shall be borne by the parties in equal sharesa proportion that shall be determined by the expert having regard (amongst other things) to the conduct of the parties. 17.6 The 14.8 If any appointed expert declines at any stage to determine any dispute for any reason, either party shall be limited at liberty to commence court proceedings in his findings relation to the matter in dispute referred to him and shall provide written reasons for his decisionsuch dispute. 17.7 The findings of the expert shall (other than in the case of a manifest material error) be final and binding on the parties to the dispute 17.8 For the avoidance of doubt references to ‘Party’ or ‘Parties’ in clause 17.1 exclude the County Council and the County Council shall not be required to submit to or be bound by the provisions of Clauses 17.1 -17.7. 17.9 For the avoidance of doubt this Clause shall not limit the right of any Party to refer any matter to the courts for determination.

Determination of Disputes. In the event of there being a dispute arising out of this Deed or the subject matter thereof the following provisions shall may apply: 17.1 : The Parties parties shall use their reasonable endeavours to resolve the dispute by agreement. 17.2 agreement If agreement cannot be reached the matter in dispute shall may be referred to and settled by some independent and fit person holding appropriate professional qualifications to be appointed (in the absence of agreement) by the President president of the Royal Institution of Chartered Surveyors (or equivalent person) for the time being of the professional body chiefly relevant in England to such qualifications and such person shall act as an expert on the application of either Party party after giving notice in writing to the other party to this Deed. 17.3 Deed The person to be appointed pursuant to clause 17.2 10.2 shall be a person having ten years or more post qualification experience of projects comprising works of the scale and nature of the Development. 17.4 Development Reference to the expert shall be on terms that determination shall take place within 28 working days of the expert accepting his instructions. 17.5 instructions The expert shall have the power to award costs of the determination in favour of either Party party to the dispute at the expense of the other Party party and failing such determination such costs shall be borne by the parties in equal shares. 17.6 shares The expert shall be limited in his findings to the matter in dispute referred to him and shall provide written reasons for his decision. 17.7 decision The findings of the expert shall (other than in the case of a manifest material error) be final and binding on the parties to the dispute 17.8 dispute For the avoidance of doubt references to ‘Partyparty’ or ‘Partiesparties’ in this clause 17.1 103 exclude the County Council and the County Council shall not be required to submit to or be bound by the provisions of Clauses 17.1 -17.710.1 – 10.710. 17.9 For the avoidance of doubt this Clause shall not limit the right of any Party to refer any matter to the courts for determination.