Common use of Dispute Resolution System Clause in Contracts

Dispute Resolution System. 12.1 No dispute can be raised except before the Competent Authority as defined in Contract Data in writing giving full description and grounds of dispute. It is clarified that merely recording protest while accepting measurement and/or payment shall not be taken as raising a dispute. 12.2 No dispute can be raised after 45 days of its first occurrence. Any dispute raised after expiry of 45 days of its first occurrence shall not be entertained and the Employer shall not be liable for claims arising out of such dispute. 12.3 The Competent Authority shall decide the matter within 45 days. 12.4 Appeal against the order of the Competent Authority can be preferred within 30 days to the Appellate Authority as defined in the Contract Data. The Appellate Authority shall decide the dispute within 45 days. 12.5 Appeal against the order of the Appellate Authority can be preferred before the Special Commissioner, Govt. of Madhya Pradesh, New Delhi who will act as sole Arbitrator to finally resolve the disputes and whose decision will be final and binding on both the parties. 12.6 The Contractor shall have to continue execution of the Works with due diligence notwithstanding pendency of a dispute before any authority or forum.

Dispute Resolution System. 12.1 No dispute can be raised except before the Competent Authority as defined in Contract Data in writing giving full description and grounds of dispute. It is clarified that merely recording protest while accepting measurement and/or payment shall not be taken as raising a dispute.and/or 12.2 No dispute can be raised after 45 days of its first occurrence. Any dispute raised after expiry of 45 days of its first occurrence shall not be entertained and the Employer shall not be liable for claims arising out of such dispute. 12.3 The Competent Authority shall decide the matter within 45 days. 12.4 Appeal against the order of the Competent Authority can be preferred within 30 days to the Appellate Authority as defined in the Contract Data. The Appellate Authority shall decide the dispute within 45 days. 12.5 Appeal against the order of the Appellate Authority can be preferred before the Special Commissioner, Govt. of Madhya Pradesh, New Delhi who will act as sole Arbitrator to finally resolve the disputes and whose decision will be final and binding on both the parties. 12.6 The Contractor shall have to continue execution of the Works with due diligence notwithstanding pendency of a dispute before any authority or forum.