Dispute Process. (a) A party raising a Dispute under this Agreement (Initiating Party) must give the other party (Recipient Party) a notice setting out brief details of the Dispute (Dispute Notice). (b) Within 5 Business Days of service of a Dispute Notice, the Recipient Party must give the Initiating Party a notice setting out brief details of the Recipient Party’s position in respect of the Dispute (Reply Notice). (c) Within 10 Business Days of service of a Reply Notice, senior representatives from each party, with authority to settle the Dispute, will meet and use reasonable endeavours acting in good faith to resolve the Dispute by joint discussions. (d) If the Dispute is not resolved within 20 Business Days after the date of the Reply Notice, the dispute must, unless the parties agree otherwise, be submitted to mediation in accordance with the following: (i) the dispute will be referred to formal mediation in Queensland to be mediated by a single mediator appointed by agreement of the parties or if they fail to agree within 3 Business Days, a mediator appointed by either: (A) the President of the Queensland Chapter of the Institute of Arbitrators and Mediators of Australia (IAMA); or (B) the Chief Executive Officer of Grain Trade Australia (GTA). (e) Unless the parties agree otherwise, a mediation conducted by a mediator appointed by IAMA will be conducted under the IAMA Mediation Rules and a mediation conducted by a mediator appointed by GTA will be conducted under the GTA Trade and Dispute Resolution Rules (whether or not the mediator is a legal practitioner). (f) The parties may appoint a person, including a legally qualified person to represent it or assist it in the mediation. (g) The costs of the mediator will be borne equally by the parties with each party to bear their own costs relating to the preparation for and attendance at the mediation. (h) The mediation process will terminate within 20 Business Days of the appointment of the mediator, upon which either party will be entitled to commence court proceedings in relation to the dispute. (i) Nothing in this clause prevents a party seeking urgent injunctive or similar interim relief from a Court.
Appears in 3 contracts
Samples: Bulk Storage and Handling Agreement, Bulk Storage and Handling Agreement, Container Packing Agreement
Dispute Process. (a) A party raising The Parties will use commercially reasonable efforts to resolve expeditiously and on a Dispute under mutually acceptable negotiated basis any dispute or disagreement between the Parties arising out of or relating to this Agreement (Initiating Partya “Dispute”) must give exclusively as follows: (i) first, by engaging in an informal dispute resolution process with the other party possibility of mediation as provided in Section 5.2; and (Recipient Partyii) a notice setting out brief details of then, if negotiation and mediation fail, by referring the Dispute (Dispute Notice)to binding arbitration as provided in Section 5.3. Each Party agrees that the procedures set forth in this ARTICLE V will be the exclusive means for resolution of any Dispute. The initiation of informal dispute resolution or arbitration hereunder will toll the applicable statute of limitations for the duration of any such proceedings.
(b) Within 5 Business Days three business days of service receipt of a Dispute NoticeNotice by either Party pursuant to Section 5.2(a), TimkenSteel and Timken will form a steering committee (the Recipient Party must give the Initiating Party a notice setting out brief details “Governance Committee”), which will be comprised of four members, two of whom will be appointed by TimkenSteel and two of whom will be appointed by Timken. The Parties will use commercially reasonable efforts to cause their respective members of the Recipient Party’s position in respect of the Dispute (Reply Notice).
(c) Within 10 Business Days of service of Governance Committee to make a Reply Notice, senior representatives from each party, with authority to settle the Dispute, will meet and use reasonable endeavours acting in good faith effort to promptly resolve the Dispute by joint discussions.
(d) If the Dispute is not resolved within 20 Business Days after the date of the Reply Notice, the dispute must, unless the parties agree otherwise, be submitted to mediation in accordance with the following:
(i) the dispute will be all Disputes referred to formal mediation in Queensland the Governance Committee pursuant to be mediated by a single mediator appointed by agreement of the parties or if they fail to agree within 3 Business DaysSection 5.2. TIMKENSTEEL CORPORATION HAS REQUESTED THAT THE OMITTED PORTIONS OF THIS DOCUMENT, a mediator appointed by either:
(A) the President of the Queensland Chapter of the Institute of Arbitrators and Mediators of Australia (IAMA); or
(B) the Chief Executive Officer of Grain Trade Australia (GTA)WHICH ARE INDICATED BY ASTERISKS, BE ACCORDED CONFIDENTIAL TREATMENT PURSUANT TO RULE 24b-2 UNDER THE SECURITIES EXCHANGE ACT OF 1934. TIMKENSTEEL CORPORATION HAS SEPARATELY FILED THE OMITTED PORTIONS OF THE DOCUMENT WITH THE SECURITIES AND EXCHANGE COMMISSION.
(e) Unless the parties agree otherwise, a mediation conducted by a mediator appointed by IAMA will be conducted under the IAMA Mediation Rules and a mediation conducted by a mediator appointed by GTA will be conducted under the GTA Trade and Dispute Resolution Rules (whether or not the mediator is a legal practitioner).
(f) The parties may appoint a person, including a legally qualified person to represent it or assist it in the mediation.
(g) The costs of the mediator will be borne equally by the parties with each party to bear their own costs relating to the preparation for and attendance at the mediation.
(h) The mediation process will terminate within 20 Business Days of the appointment of the mediator, upon which either party will be entitled to commence court proceedings in relation to the dispute.
(i) Nothing in this clause prevents a party seeking urgent injunctive or similar interim relief from a Court.
Appears in 1 contract
Dispute Process. (a) A party raising a Dispute under this Agreement (Initiating Party) must give the other party (Recipient Party) a notice setting out brief details of the Dispute (Dispute Notice).;
(b) Within 5 Business Days of service of a Dispute Notice, the Recipient Party must give the Initiating Party a notice setting out brief details of the Recipient Party’s position in respect of the Dispute (Reply Notice).;
(c) Within 10 Business Days of service of a Reply Notice, senior representatives from each party, with authority to settle the Dispute, will meet and use reasonable endeavours acting in good faith to resolve the Dispute by joint discussions.;
(d) If the Dispute is not resolved within 20 Business Days after the date of the Reply Notice, the dispute must, unless the parties agree otherwise, be submitted to mediation in accordance with the following:
(i) the dispute will be referred to formal mediation in Queensland to be mediated by a single mediator appointed by agreement of the parties or if they fail to agree within 3 Business Days, a mediator appointed by either:
(A) the President of the Queensland Chapter of the Institute of Arbitrators and Mediators of Australia (IAMA); or
(B) the Chief Executive Officer of Grain Trade Australia (GTA).
(e) Unless the parties agree otherwise, a mediation conducted by a mediator appointed by IAMA will be conducted under the IAMA Mediation Rules and a mediation conducted by a mediator appointed by GTA will be conducted under the GTA Trade and Dispute Resolution Rules (whether or not the mediator is a legal practitioner).;
(f) The parties may appoint a person, including a legally qualified person to represent it or assist it in the mediation.;
(g) The costs of the mediator will be borne equally by the parties with each party to bear their own costs relating to the preparation for and attendance at the mediation.;
(h) The mediation process will terminate within 20 Business Days of the appointment of the mediator, upon which either party will be entitled to commence court proceedings in relation to the dispute.;
(i) Nothing in this clause prevents a party seeking urgent injunctive or similar interim relief from a Court.
Appears in 1 contract
Samples: Bulk Storage and Handling Agreement