Dispute and adjudication Clause Samples
Dispute and adjudication. 16.3.1 Dispute settlement procedures: in case of any dispute, the parties shall firstly negotiate for reconciliation; upon negotiation, in case of failure in reconciliation or the parties indicates unwillingness to negotiate for reconciliation, arbitration or lawsuit shall be adopted for settling the claim dispute. The name and address of the arbitration institution as agreed upon shall be stipulated in the special provisions.
16.3.2 No dispute shall affect the contract performance. Upon occurrence of any dispute, the performance of the responsibilities and obligations as set forth herein shall be continued to keep the continuing implementation of the project. Except under any of the following circumstances, neither party shall stop the implementation of the project or part of the project:
(1) Breach by either party causes the exact failure to perform the contract, the implementation is stopped upon agreement by the contract parties;
(2) The arbitration institution or the court orders to stop the implementation.
16.3.3 Protection of the project of which the implementation is stopped. According to the provisions as set forth in Article 16.3.2 hereof, with respect to the project or part of project of which the implementation is stopped, the parties shall, according to the duties, responsibilities and obligations as set forth herein, protect all documents, materials and drawings relating to the project as set forth herein as well as the project that has been accomplished and the equipment, materials and components for the permanent project that have not been used.
