Dispute Resolution Mechanism a. Any dispute regarding the administration of the Institute at the Company or plant level shall be subject to expedited resolution by the Chairs of the Union and Company Negotiating Committees and the Executive Director of ICD who shall apply the policies, rules and regulations of the Governing Board and the provisions of this Section in ruling on any such dispute. Rulings of the Executive Director may be appealed to the Governing Board, but shall become and remain effective unless stayed or reversed by the Governing Board.
b. Within sixty (60) days of the Effective Date, the parties will develop an expedited dispute resolution mechanism that resolves disputes within two (2) weeks.
Dispute Resolution Mechanism. (a) The parties agree to request the Senate to establish an Innovation, Patents and Copyright Committee. Should Senate fail to establish such a Committee within two (2) months of the signing of this Collective Agreement the parties agree to create a continuing Innovation, Patents and Copyright Committee, which shall be composed of two (2) members appointed by the Employer and two (2) members appointed by the Association with the Chairpersonship alternating between the Employer's representatives and the Association's representatives at each successive meeting. The Committee shall meet at least twice annually or at the call of any two (2) members to:
(i) conduct such business as is referred to it;
(ii) consider proposals for modifications or changes in Article 14 of this Collective Agreement; and,
(iii) mediate any disputes arising out of this Article as per 14.6(b) below.
(b) For the purpose of this Collective Agreement, the complaint stage of a grievance pertaining to innovation, patents and copyright shall be referred to the Innovation, Patents and Copyright Committee. If the Committee is unable to resolve the dispute, the remaining formal grievance and arbitration procedures provided for in Article 30 of this Collective Agreement shall apply.
Dispute Resolution Mechanism. If the Purchaser and the Seller have not been able to resolve the matters set forth in the Objection Notice (the “Dispute”) within the Initial Resolution Period, either party may submit such disputed matters to Xxxxx Xxxxxxx LLP (the “Reviewing Party”). Both parties shall submit to the Reviewing Party all materials and information to be considered by the Reviewing Party as promptly as practicable and in any event within 30 days following the initial submission of the Dispute to the Reviewing Party. The fees and expenses of the Reviewing Party incurred in the resolution of the disputed matters set forth in the Objection Notice shall be borne by the Purchaser, on the one hand, and the Seller, on the other hand, in proportion to the relative amounts of the aggregate disputed amount as to which such party prevailed, as determined by the Reviewing Party. The Reviewing Party shall make a determination regarding the Dispute (and written notice thereof shall be given to the Seller and the Purchaser) as promptly as practicable, but in any event within 30 days following the date on which the last item of information regarding the Dispute has been delivered to the Reviewing Party. The Reviewing Party will decide only the matters specifically raised in the Dispute based solely on the submissions made to the Reviewing Party which may include factual testimony and legal memoranda. The Reviewing Party will provide a written explanation in reasonable detail of the resolution of each matter raised in the Dispute, including the basis therefor; provided, however, that the Reviewing Party shall only decide the specific items under dispute by the parties. The determination of the Reviewing Party shall be final and binding on the Purchaser and the Seller, and the decision rendered pursuant to this Section 2.4(f) may be filed as a judgment in any court of competent jurisdiction. For the avoidance of doubt, nothing in this Section 2.4(f) shall preclude either party from pursuing any other remedy it may have under other provisions of this Agreement with respect to matters other than the matters governed by this provision.
Dispute Resolution Mechanism. (a) The parties hereto acknowledge the need to resolve any disputes arising hereunder that become subject to the following dispute resolution mechanism quickly and expeditiously, and agree to work toward such a resolution. In the event that any valuation or equitable adjustment of rights relating to the procedures and transactions described in this Article I becomes a subject of disagreement between the holders of a majority of the rights depending upon such determination and the Company or one of its Operating Subsidiaries, as applicable, (i) such majority holders and the Company or such Operating Subsidiary, as applicable, promptly (and in any event within three business days) shall provide each other with their respective written proposed valuations or equitable adjustments of rights (including any supporting documentation and the basis for such position), and the Company or such Operating Subsidiary (as applicable) and Silver Lake (if it or its Affiliates hold any such rights), or another representative appointed by such majority holders (if Silver Lake and its Affiliates do not hold any of such rights) (in either such case, the "Investor Representative") shall promptly (and in any event within three business days after the receipt of the other's respective proposed valuation or equitable adjustment) commence negotiating in good faith to reach agreement as to an agreed-upon valuation or equitable adjustment of rights (and any such agreement shall be binding upon the Company or such Operating Subsidiary, as applicable, and all of the holders of the rights depending upon such determination), and (ii) in the event that they fail to reach agreement within five business days following commencement of such negotiations, such valuation or equitable adjustment of rights shall be determined as follows: (A) the Company or Operating Subsidiary, as applicable, and the Investor Representative promptly (and in any event within three business days thereafter) shall together retain a nationally recognized investment banking firm (the "Investment Bank") that has had no material business relationships with the Company or the majority holders of the rights depending upon such determination during the preceding one-year period (unless they shall at the time mutually agree to select an Investment Bank having such business relationships), (B) the Company or Operating Subsidiary, as applicable, promptly shall submit to such Investment Bank the proposed valuation or equitable...
Dispute Resolution Mechanism. 16.1 The Parties aim to adopt a collaborative approach to the integration of health and social care. The Parties will use their best endeavours to quickly resolve any areas of disagreement. Where any disputes do arise that require escalation to the Chief Executives of the respective organisations, those officers will attempt to resolve matters in an amicable fashion and in the spirit of mutual cooperation.
16.2 In the unlikely event that the parties do not reach agreement, then they will follow the process as set out below:
(a) The Chief Executives of the Health Board and the Council, with such advice as they deem appropriate, will meet to resolve the issue.
(b) If unresolved, the Health Board and the Council will each prepare a written note of their position on the issue and exchange it with the other Party. The Leader of the Council, Chair of the Health Board and the Chief Executives of the Health Board and the Council will then meet to resolve the issue.
(c) In the event that the issue remains unresolved, representatives of the Health Board and the Council will proceed to mediation with a view to resolving the issue.
16.3 The process for appointing the mediator in (c), including the sharing of costs, will be agreed between the Chair of the Health Board and Leader of the Council.
16.4 Where the issue remains unresolved after following the processes outlined in (a)-(c) above, the Parties agree the following process to notify Scottish Ministers that agreement cannot be reached: The Chief Executives of the Health Board and the Council will jointly and formally notify Ministers in writing and be bound by their determination. Set out below is a list of functions that must be delegated by the Health Board to the Integration Joint Board as prescribed in Regulation 3 of the Public Bodes (Joint Working) (Prescribed Health Board Functions) (Scotland) Regulations 2014. Further Health Board functions will be delegated to the extent specified in Annex 4. These functions are delegated only to the extent that they relate to the services described in part 2 and the additional services listed in annex 4. All functions of Health Boards conferred by, or by virtue of, the National Health Service (Scotland) Act 1978 Except functions conferred by or by virtue of— section 2(7) (Health Boards); section 2CB(Functions of Health Boards outside Scotland); section 9 (local consultative committees); section 17A (NHS Contracts); section 17C (personal medical or dental services); secti...
Dispute Resolution Mechanism. (a) The parties agree to request the Senate to establish an Innovation, Patents and Copyright Committee. Should Senate fail to establish such a Committee within two (2) months of the signing of this Collective Agreement the parties agree to create a continuing Innovation, Patents and Copyright Committee, which shall be composed of two (2) members appointed by the employer and two (2) members appointed by the Association with the chairpersonship alternating between the employer's representatives and the Association's representatives at each successive meeting. The Committee shall meet at least twice annually or at the call of any two (2) members to:
(i) conduct such business as is referred to it;
(ii) consider proposals for modifications or changes in Article 14 of this Collective Agreement; and,
(iii) mediate any disputes arising out of this Article as per 14.6(b) below.
(b) For the purpose of this Collective Agreement, the complaint stage of a grievance pertaining to innovation, patents and copyright shall be referred to the Innovation, Patents and Copyright Committee. If the Committee is unable to resolve the dispute, the remaining formal grievance and arbitration procedures provided for in Article 30 of this Collective Agreement shall apply.
Dispute Resolution Mechanism. All disputes and differences arising out of or in connection with this contract shall be resolved amicably by mutual discussion within 30 days. If the dispute cannot be resolved by mutual discussion and contract the parties shall take such dispute to an arbitrator to be fixed/ approximated by BHU. The arbitration shall be conducted in India in accordance with the provisions of the arbitration and Conciliation Act 1996. The arbitration proceeding shall be conducted in English.
Dispute Resolution Mechanism. Any unresolved proposals which may arise between the Employer and the Union concerning any subject matter listed in Exhibit A which the negotiators for the parties are unable to settle by the expiration date of the Agreement, shall be submitted to an arbitrator for decision pursuant to the provisions of the Final Offer Interest Arbitration Agreement. Should tentative agreement be reached, but not ratified by the rank and file membership, the parties agree to reconvene within the time frames set forth in this Appendix to attempt to reach further tentative agreement. The arbitrator will be present at all such negotiating sessions between the parties. If no tentative agreement is reached, the parties will submit to the arbitrator, pursuant to the provisions of the Final Offer Arbitrator Agreement, their last stated positions, as discussed on any subject matter listed in Appendix A, that they were unable to settle.
Dispute Resolution Mechanism. All disputes shall be resolved by arbitration pursuant to the procedures set forth in subparagraph (b) below unless Customer shall elect that a dispute be resolved by litigation, in which case the dispute shall be resolved by litigation pursuant to the procedures set forth in subparagraph (c) below. Customer shall make such election either (i) by instituting litigation if neither party has already commenced arbitration proceedings, or (ii) by electing to proceed by litigation in writing by registered mail addressed to Broker at its main office within ten (10) days of notification that Broker has taken the first step in the commencement of arbitration proceedings.
Dispute Resolution Mechanism. 14.1 Where either of the Parties fails to agree with the other on any issue related to this Scheme, then they will follow the undernoted process:
a) The Chief Executives of the Parties, will meet to resolve the issue;
b) If unresolved, the Parties will each agree to prepare a written note of their position on the issue and exchange it with the others for their consideration within 10 working days of the date of the decision to proceed to written submissions.
c) In the event that the issue remains unresolved following consideration of written submissions, the Chief Executives of the Parties, the Chair of the Health Board and the Leader of the Council will meet to appoint an independent mediator and the matter will proceed to mediation with a view to resolving the issue.
14.2 Where the issue remains unresolved after following the processes outlined in (a)-(c) above, the Parties agree the following process to notify Scottish Ministers that agreement cannot be reached: the Chief Executives of the Parties, and the Chief Officer will jointly make a written application to Scottish ministers stating the issues in dispute and requesting that the Scottish Ministers give directions. Column A Column B The National Health Service (Scotland) Act 1978 All functions of Health Boards conferred by, or by virtue of, the National Health Service (Scotland) Act 1978 Except functions conferred by or by virtue of— section 2(7) (Health Boards); section 2CB (functions of Health Boards outside Scotland); section 9 (local consultative committees); section 17A (NHS contracts); section 17C (personal medical or dental services); section 17I (use of accommodation); section 17J (Health Boards’ power to enter into general medical services contracts); section 28A (remuneration for Part II services); section 48 (residential and practice accommodation); section 55 (hospital accommodation on part payment); section 57 (accommodation and services for private patients); section 64 (permission for use of facilities in private practice); section 75A (remission and repayment of charges and payment of travelling expenses); section 75B (reimbursement of the cost of services provided in another EEA state); section 75BA (reimbursement of the cost of services provided in another EEA state where expenditure is incurred on or after 25 October 2013); section 79 (purchase of land and moveable property); section 82 use and administration of certain endowments and other property held by Health Boards); section...
