Dispute Resolution Board Sample Clauses

Dispute Resolution Board. Except as otherwise provided in this contract, when a dispute arises between the parties and it cannot be resolved by direct negotiation, any party may request a dispute resolution board (DRB). A request for a DRB must be in writing, state the disputed issue(s), state the relative positions of the parties and be sent to all parties. Parties must provide a response within [ ] days. Once a party request a DRB, each party shall designate a representative. The representatives shall mutually select a third member (or an additional member for disputes involving more than two parties). The DRB shall evaluate the facts, contract terms and applicable statutes and rules and make a determination by majority vote. The decision (OPTION 1) [is binding on all parties]
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Dispute Resolution Board. The Dispute Resolution Board (or "DRB") is composed of one or more qualified individuals selected by Kyäni senior management. The composition of the Dispute Resolution Board may change at any time. The purpose of the DRB is to: 1. Review appeals of any actions taken by the Company for an alleged breach of a Business Partner's obligations; and 2. Review matters between Kyäni Business Partners. If the response or settlement suggested by Customer Service has been rejected or the matter otherwise remains unresolved, the Dispute Resolution Board may review evidence, deliberate, and respond to remaining issues.
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Dispute Resolution Board. A Dispute Resolution Board (DRB) shall be formed in order to resolve the disputes that may arise during the currency of this Agreement. The members of the DRB shall be nominated by the Authority and the SPV. If any party is not satisfied with the decision of DRB, the issue shall be referred for Arbitration.
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Dispute Resolution Board. Notwithstanding the provisions of this Clause, during the direct dealing stage, at the request of any of the PARTIES, they may submit their disputes to a Dispute Resolution Board, issuing a binding and enforceable decision, without prejudice to the right to resort to arbitration, unless otherwise agreed between the parties. In case of recourse to arbitration, the decision adopted is considered as a precedent in the arbitration process. This procedure does not apply in the case of disputes to which the dispute resolution mechanisms and procedures referred to in Law No. 28933, Law that establishes the System of Coordination and State Response in International Investment Disputes, or those provided for in international treaties that bind the Peruvian State, are applicable. The Dispute Resolution Board may be constituted at any time after the execution of the contract, in order to additionally develop functions of acquittal of queries and issuance of recommendations regarding issues and/or questions requested by the PARTIES of this CONTRACT. The Dispute Resolution Board is made up of three (03) experts who are appointed by the PARTIES directly or by delegation to a Center or Institution that administers alternative dispute resolution mechanisms. The members of the Dispute Resolution Board perform their activities in an impartial and independent manner, and may be of a nationality other than that of the PARTIES. This CONTRACT is subject to the following rules of interpretation: In case of divergence in the interpretation of this CONTRACT, the PARTIES shall follow the following order of priority to resolve said situation:
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Dispute Resolution Board. The purpose of the Dispute Resolution Board is to: (1) review appeals of disciplinary sanctions; and (2) review matters between LivElite International Distributors. After the response or settlement instituted by Distributor Services has been denied or otherwise remains unresolved, the Dispute Resolution Board reviews evidence, deliberates, and responds to current outstanding issues on a collective basis. A Distributor may submit a written request for a telephonic or in-person hearing within seven business days from the date of: (1) the written notice by LivElite International of disciplinary action; or (2) the written decision of Distributor Services regarding disputes between Distributors. All communication with LivElite International and the Distributor seeking resolution of a dispute must be in writing. It is within the DRB’s discretion whether a claim is accepted for review. If the DRB agrees to review the matter, it shall schedule a hearing within 30 days of receipt of the Distributor’s written request. All evidence (e.g., documents, exhibits, etc.) that a Distributor desires to have considered by the DRB must be submitted to LivElite International no later than seven business days before the date of the hearing. The Distributor shall bear all of the expenses related to his or her attendance and the attendance of any witnesses he or she desires to be present at the hearing. The decision of the Dispute Resolution Board will be final and subject to no further review, except as provided in Sections 9.4 and 9.5 below. During the pendency of the claim before the DRB, the Distributor waives his or her right to pursue arbitration or any other remedy. Following issuance of a disciplinary sanction, the disciplined Distributor may appeal the sanction to the Dispute Resolution Board (“DRB”). Distributor's appeal must be in writing and received by the Company within 15 days from the date of LivElite International's notice of the disciplinary sanction. If the appeal is not received by LivElite International within the 15 day period, the sanction will be final. The Distributor must submit all supporting documentation with his or her appeal correspondence. If the Distributor files a timely appeal of a disciplinary sanction, the DRB will review and reconsider the sanction, consider any other appropriate action, and notify the Distributor in writing of its decision.
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Dispute Resolution Board. The provisions of this Article 27A shall become effective as of the Settlement Effective Date.
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Dispute Resolution Board. (1) If mediation is unsuccessful in settling the dispute and if both Parties agree, a non-mandatory dispute resolution board process may be used. The Parties may impanel a Dispute Resolution Board ("DB") and the DB process shall be conducted in accordance with Customer's Alternative Dispute Resolution Process, utilizing board members who are individuals who have expertise in construction. The selection process shall be administered by the AAA or any other such neutral organization selected by the Parties, hereinafter called the "Administrator." Claims made for Sixty Thousand Dollars ($60,000) or less shall be heard by one (1) DB member, and claims for more than Sixty Thousand Dollars ($60,000) shall be heard by three (3) DB members. To initiate the DB procedures, the Parties shall jointly execute and file a "Submission to Dispute Resolution Board Procedures" request with the Administrator. Upon receipt by the Administrator of the submission form, the Administrator shall furnish to the Parties of list of individuals skilled in dispute resolution and having expertise in construction from which to select the DB. Within five (5) working days from the date the list is sent to the Parties, the Parties shall return the list to the Administrator, striking any individual to which the Parties have any factual objections and numbering the remaining in preference order. The Administrator shall appoint the highest mutually preferred individuals to the DB that are available to serve in the time frame designated above. (2) The costs for all DB hearings and proceedings, which includes those of either the one (1) person or three (3) person boards hearing the dispute, will be shared equally by both Parties. Fees shall be jointly negotiated by both Parties directly with the Administrator. Unless otherwise mutually agreed upon, the costs for claims up to Sixty Thousand Dollars ($60,000) shall not exceed One Thousand Five Hundred Dollars ($1,500), and costs for claims over Sixty Thousand Dollars ($60,000) shall not exceed Three Thousand Dollars ($3,000). (3) DB hearings will be conducted in an informal manner and discovery will not be allowed. Each Party shall have a maximum of two (2) hours for presentation, unless otherwise agreed upon. Spokespersons shall be limited to Customer's Staff and Onsite, its subcontractors and/or subconsultants personnel. Outside experts, including attorneys, may address their specialty if approved by both Parties in advance. Each Party will be gi...
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Related to Dispute Resolution Board

  • Central Dispute Resolution Committee a) There shall be established a Central Dispute Resolution Committee (CDRC), which shall be composed of two (2) representatives from each of the central parties, and two (2) representatives of the Crown. b) The Committee shall meet at the request of one of the central parties. c) The central parties shall each have the following rights: i. To file a dispute as a grievance with the Committee. ii. To engage in settlement discussions, and to mutually settle a grievance with the consent of the Crown. iii. To withdraw a grievance. iv. To mutually agree to refer a grievance to the local grievance procedure. v. To mutually agree to voluntary mediation. vi. To refer a grievance to final and binding arbitration at any time. d) The Crown shall have the following rights: i. To give or withhold approval to any proposed settlement between the central parties. ii. To participate in voluntary mediation. iii. To intervene in any matter referred to arbitration. e) Only a central party may file a grievance and refer it to the Committee for discussion and review. No grievance can be referred to arbitration without three (3) days prior notice to the Committee. f) It shall be the responsibility of each central party to inform their respective local parties of the Committee’s disposition of the dispute at each step in the central dispute resolution process including mediation and arbitration, and to direct them accordingly. g) Each of the central parties and the Crown shall be responsible for their own costs for the central dispute resolution process.

  • Dispute Resolution; Arbitration This Agreement evidences a transaction involving interstate commerce. Any disputes arising from this Agreement shall be decided by binding arbitration which shall be conducted, at the request of any party, in New York, New York, before one arbitrator designated by the American Arbitration Association (the "AAA"), in accordance with the Commercial Arbitration Rules of the AAA, and to the maximum extent applicable, the United States Arbitration Act (Title 9 of the United States Code). Notwithstanding anything in this Agreement to the contrary, any party may proceed to a court of competent jurisdiction to obtain equitable relief at any time. An arbitrator shall have no authority to award punitive damages or other damages not measured by the prevailing party's actual damages. To the maximum extent practicable, an arbitration proceeding under this Agreement shall be concluded within 180 days of the filing of the dispute with the AAA. This arbitration clause shall survive any termination, amendment, or expiration of the Agreement and if any provision of this arbitration clause is found to be unenforceable, the remaining parts of the arbitration clause shall not be affected and shall remain fully enforceable.

  • I2 Dispute Resolution The Parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute to the finance director of the Contractor and the commercial director of the Authority.

  • Formal Dispute Resolution 10.6.1 If the Parties are unable to resolve the dispute through the informal procedure described in Section 10.5, then either Party may invoke the formal Dispute Resolution procedures described in this Section 10.6. Unless agreed among all Parties, formal Dispute Resolution procedures, including arbitration or other procedures as appropriate, may be invoked not earlier than sixty (60) calendar days after receipt of the letter initiating Dispute Resolution under Section 10.3.

  • Alternate Dispute Resolution In the event of any issue of controversy under this Agreement, the PARTIES may pursue Alternate Dispute Resolution procedures to voluntarily resolve those issues. These procedures may include, but are not limited to, conciliation, facilitation, mediation, and fact finding.

  • Dispute Resolution All or any disputes arising out or touching upon or in relation to the terms and conditions of this Agreement, including the interpretation and validity of the terms thereof and the respective rights and obligations of the Parties, shall be settled amicably by mutual discussion, failing which the same shall be settled through the adjudicating officer appointed under the Act.

  • Dispute Resolution and Arbitration The following procedures shall be used in the resolution of disputes:

  • Dispute Resolutions Parties agree to arbitration of dispute in Houston, Texas, USA.

  • Informal Dispute Resolution (a) Prior to the initiation of formal dispute resolution procedures (i.e., arbitration), the Parties shall first attempt to resolve their dispute at the senior manager level. If that level of dispute resolution is not successful, the Parties shall proceed informally, as follows: (i) Upon the written request of either Party, each Party shall appoint a designated representative who does not otherwise devote substantially full time to performance under this Agreement, whose task it will be to meet for the purpose of endeavoring to resolve such dispute. (ii) The designated representatives shall meet as often as the Parties reasonably deem necessary in order to gather and furnish to the other all information with respect to the matter in issue that the Parties believe to be appropriate and germane in connection with its resolution. The representatives shall discuss the problem and attempt to resolve the dispute without the necessity of any formal proceeding. (iii) During the course of discussion, all reasonable requests made by one Party to another for non-privileged non-confidential information reasonably related to this Agreement shall be honored so that each of the Parties may be fully advised of the other's position. (iv) The specific format for the discussions shall be left to the discretion of the designated representatives. (b) Prior to instituting formal proceedings, the Parties will first have their chief executive officers meet to discuss the dispute. This requirement shall not delay the institution of formal proceedings past any statute of limitations expiration or for more than fifteen (15) days. (c) Subject to Subsection (b), formal proceedings for the resolution of a dispute may not be commenced until the earlier of: (i) The designated representatives concluding in good faith that amicable resolution through continued negotiation of the matter does not appear likely; or (ii) Thirty (30) days after the initial written request to appoint a designated representative pursuant to Subsection (a), above, (this period shall be deemed to run notwithstanding any claim that the process described in this Section 11.2 was not followed or completed). (d) This Section 11.2 shall not be construed to prevent a Party from instituting, and a Party is authorized to institute, formal proceedings earlier to avoid the expiration of any applicable limitations period, or to preserve a superior position with respect to other creditors or as provided in Section 11.6(a).

  • Dispute Resolution; Mediation (a) Either party may commence the dispute resolution process of this Section 8.2 by giving the other party written notice (a “Dispute Notice”) of any controversy, claim or dispute of whatever nature arising out of or relating to or in connection with this Agreement, any Ancillary Agreement or the breach, termination, enforceability or validity thereof (a “Dispute”) which has not been resolved in the normal course of business or as provided in the relevant Ancillary Agreement. The parties shall attempt in good faith to resolve any Dispute by negotiation between executives of each party (“Senior Party Representatives”) who have authority to settle the Dispute and, unless discussions between the parties are already at a senior management level, who are at a higher level of management than the Persons who have direct responsibility for the administration of this Agreement or the relevant Ancillary Agreement. Within fifteen (15) days after delivery of the Dispute Notice, the receiving party shall submit to the other a written response (the “Response”). The Dispute Notice and the Response shall include (i) a statement setting forth the position of the party giving such notice and a summary of arguments supporting such position and (ii) the name and title of such party’s Senior Party Representative and any other Persons who will accompany the Senior Party Representative at the meeting at which the parties will attempt to settle the Dispute. Within thirty (30) days after the delivery of the Dispute Notice, the Senior Party Representatives of both parties shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the Dispute. The parties shall cooperate in good faith with respect to any reasonable requests for exchanges of Information regarding the Dispute or a Response thereto. (b) If the Dispute has not been resolved within sixty (60) days after delivery of the Dispute Notice, or if the parties fail to meet within thirty (30) days after delivery of the Dispute Notice as hereinabove provided, the parties shall make a good faith attempt to settle the Dispute by mediation pursuant to the provisions of this Section 8.2 before resorting to arbitration contemplated by Section 8.3 or any other dispute resolution procedure that may be agreed by the parties. (c) All negotiations, conferences and discussions pursuant to this Section 8.2 shall be confidential and shall be treated as compromise and settlement negotiations. Nothing said or disclosed, nor any document produced, in the course of such negotiations, conferences and discussions that is not otherwise independently discoverable shall be offered or received as evidence or used for impeachment or for any other purpose in any current or future arbitration. (d) Unless the parties agree otherwise, the mediation shall be conducted in accordance with the CPR Institute for Dispute Resolution Model Procedure for Mediation of Business Disputes in effect on the date of this Agreement by a mediator mutually selected by the parties. (e) Within thirty (30) days after the mediator has been selected as provided above, both parties and their respective attorneys shall meet with the mediator for one (1) mediation session, it being agreed that each party representative attending such mediation session shall be a Senior Party Representative with authority to settle the Dispute. If the Dispute cannot be settled at such mediation session or at any mutually agreed continuation thereof, either party may give the other and the mediator a written notice declaring the mediation process at an end. (f) Costs of the mediation shall be borne equally by the parties involved in the matter, except that each party shall be responsible for its own expenses. (g) Any Dispute regarding the following matters is not required to be negotiated or mediated prior to seeking relief from an arbitrator or, if applicable, from a court pursuant to Section 10.14: (i) breach of any obligation of confidentiality or waiver of Privilege; and (ii) any other claim where interim relief is sought to prevent serious and irreparable injury to one of the parties. However, the parties to the Dispute shall make a good faith effort to negotiate and mediate such Dispute, according to the above procedures, while such arbitration is pending.

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