Dispute Resolution Proceedings. If representatives of the parties are unable to resolve disputed items through the informal negotiations described in Section 10.3, then within 30 days after the informal negotiation period the parties will refer the disputed issues to a dispute resolution panel for final resolution as follows:
Dispute Resolution Proceedings. Any dispute or claim arising out of this Release shall be subject to final and binding arbitration. The arbitration will be conducted by one arbitrator who is a member of the American Arbitration Association (AAA) or of the Judicial Arbitration and Mediation Services (JAMS) and will be governed by the Model Employment Arbitration rules of AAA. The arbitration shall be held in Orange County, California. The arbitrator shall have all authority to determine the arbitrability of any claim and enter a final and binding judgment at the conclusion of any proceedings in respect of the arbitration. Any final judgment only may be appealed on the grounds of improper bias or improper conduct of the arbitrator. Notwithstanding any rule of AAA or JAMS to the contrary, the provisions of Title 9 of Part 3 of the California Code of Civil Procedure (the “CCC”) including Section 1283.05, and successor statutes, permitting expanded discovery proceedings shall be applicable to all disputes that are arbitrated under this paragraph. The arbitrator shall have all power and authority to enter orders relating to such discovery as are allowed under the CCC. The party prevailing in the resolution of any such claim will be entitled, in addition to such other relief as may be granted, to an award of all fees and costs incurred in pursuit of the claim (including reasonable attorneys’ fees) without regard to any statute, schedule, or rule of court purported to restrict such award.
Dispute Resolution Proceedings. Should a dispute arise between the Members, or between any Member and NBSIA, regarding the formation, operation, interpretation, or application of this Master Agreement to any particular claim or circumstance, the parties involved in the dispute shall issue a written request for action to the allegedly noncomplying party within 30 days after the date the dispute has been identified, setting forth the nature of the requested action and the factual and/or legal reasons underlying the request. The allegedly noncomplying Party shall timely respond to the request, no later than 30 days after its receipt, setting forth an agreement to the request or the reasons for disagreement. In the case of disagreement, the involved parties shall schedule an in-person meeting within 15 days after the statement of disagreement, to determine if a resolution can be reached. If no resolution can then be reached within 10 days after the in-person meeting, either involved Party shall make a request for binding arbitration. The arbitration shall be heard and determined by the uninvolved Members of the NBSIA Executive Committee, sitting as a separate arbitration hearing panel, who shall expeditiously and cost-effectively resolve the dispute, with the NBSIA Board Chairperson, or the most senior serving Member of the Executive Committee if the Board Chairperson’s Member agency is involved in the dispute, serving as the lead arbitrator. Such arbitration shall, in the lead arbitrator’s sole and separate discretion, be conducted without discovery, live testimony, or a formal transcript of proceedings unless the lead arbitrator determines such actions are necessary to protect one or both parties’ right to due process. Each participating side shall bear its own attorneys' fees, costs and expenses unless the arbitration panel finds that one or more positions asserted by a side were frivolous, in which case the arbitration panel shall award and/or apportion reasonable attorneys' fees and costs.
Dispute Resolution Proceedings. The parties may agree to dispute resolution proceedings to fairly and expeditiously resolve disputes or questions of interpretation under this Agreement. These dispute resolution proceedings may include: (a) procedures developed by the City for expeditious interpretation of questions arising under development agreements; or (b) any other manner of dispute resolution which is mutually agreed upon by the parties.
Dispute Resolution Proceedings. The parties may agree to dispute
Dispute Resolution Proceedings. Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Design Professional is party thereto or where the claims are significantly design related.
Dispute Resolution Proceedings. 30 (A) Designation of Representatives ..................................... 30 (B) Selection of Neutral ............................................... 30 (C) Procedures and Process ............................................. 31 (D) Decision ........................................................... 31 10.4
Dispute Resolution Proceedings. In the event that the parties are unable to settle their differences or disputes which may arise between them under Section 15.1, above, then either party may submit such dispute ("Dispute") for binding arbitration with the following conditions:
(a) the proceeding will be held before a panel of three arbitrators where each party will choose one arbitrator and the third will be selected jointly by the two appointed arbitrators and, where such agreement cannot be reached, by appointment of the Administrator of the American Arbitration Association or his or her designee;
(b) except as modified by this Aritcle, the Arbitration Rules of the American Arbitration Assocation will govern the arbitration;
(c) the proceeding will be conducted in the State of New York;
(d) the law and common law of the United States and the State of New York will be applied without regard to New York conflict of laws statutes;
(e) the proceeding will be closed except to the parties, their attorneys, representatives, witnesses and experts, all of whom must agree to maintain the confidentiality of the dispute;
(f) the existence, proceeding and resolution of the dispute will be kept confidential by the parties and will only be disclosed to parties and individuals wih a need to know of its existence and who will agree to maintain confidentiality;
(g) the arbitration will be binding upon the parties unless mutually agreed otherwise in writing; and
(h) each party will be responsible for its own costs and expense incurred as a result of, or in connection with the arbitration, including the costs, fees, and expenses of its own representatives and designated arbitrator, in the proceeding, except that the costs of the third arbitrator will be shared jointly by the parties.
Dispute Resolution Proceedings. 7.1 The Panel Member will, when required, be available for at least two full days per month to hear disputes that have been referred to him/her.
7.1.1 The reasonable fees, costs and expenses of the Panel Member shall be borne by the HSE. For the avoidance of doubt, in all other respects, each party shall bear its own costs and expenses of its participation in the Third Party Dispute Resolution process.
7.1.2 In the interest of cost effectiveness the proceedings will be hosted on HSE premises. In the event that a HSE premises is not available to host proceedings the HSE shall be responsible for sourcing suitable alternative facilities and the costs of same shall be borne by the HSE.
7.1.3 Disputes shall be disposed of by way of hearing, unless otherwise determined by the Panel Member following consultation with both Parties, and the Panel Member shall consider all written and oral submissions made to him/her by the parties and having considered all such submissions the panel member shall endeavour to issue a written recommendation to both sides within six weeks from commencement of the review of the matter in dispute by the Panel Member.
7.1.4 The recommendation of the Panel Member shall be accepted by both parties to the dispute except where either side complains that the decision goes outside the terms of the Agreement.
7.1.5 In circumstances where either side complains that the decision goes outside the terms of the Agreement either party may, within four weeks of receipt of the Panel Member’s recommendation, apply to the President of the Institute of Chartered Arbitrators to appoint an Arbitrator (not being a Panel Member) to determine whether the recommendation of the Panel Member goes outside the terms of the Agreement. The findings of the Arbitrator shall be binding in this regard. The Arbitrator shall endeavour to deliver such findings within six weeks of referral.
7.1.6 Where the appointed arbitrator has determined that the Panel Member has gone outside the terms of the Agreement then the matter in dispute shall be addressed through the Framework Agreement as outlined at Clause 2.1.6.
7.1.7 Where the finding of the Arbitrator is that the Panel Member’s recommendation does not go outside the terms of the agreement then the Panel Member’s recommendations on the matter in dispute shall be accepted by both parties.
7.1.8 The reasonable fees, costs and expenses of the Arbitrator shall be borne by the HSE.
Dispute Resolution Proceedings. All subcontractors and consultants are subject to the dispute resolution proceedings set forth in Section 14.
