DISPUTE SETTLEMENT PROCESS. Any issue, dispute or controversy arising pursuant to this Agreement (a “Dispute”) shall be settled in the following manner. Upon written request of either party, the representatives of Domtar and of Weyerhaeuser shall promptly confer and exert their commercially reasonable efforts without the necessity of any formal proceeding related thereto to reach a reasonable and equitable resolution of such Dispute. If such representatives are unable to resolve such Dispute within ten (10) business days, the Dispute shall be referred to the responsible senior management of each party for resolution. Neither party shall seek any other means of resolving any Dispute arising in connection with this Agreement until both parties’ responsible senior management have had at least five (5) business days to resolve the Dispute following its referral to them. 9.1 Should the parties’ senior management be unable to resolve the Dispute as provided for under this Section 9, the Dispute shall be settled by a single arbitrator in the city of Vancouver, British Columbia, in accordance with the British Columbia Arbitration and Mediation Institute Arbitration Rules (or successor) then in effect. The procedures for arbitration shall be governed by the Commercial Arbitration Act (British Columbia) as amended or supplemented from time to time. The single arbitrator shall have expertise in the area of the pulp and forestry industry. The arbitrator may award costs to the prevailing party. The arbitrator’s decision shall be final and binding upon the parties. 9.2 Either party may trigger an arbitration by notice to the other and the parties shall have thirty (30) days to provide positions in writing to the arbitrator. The arbitrator shall make a determination within another thirty (30) days or within such other period the arbitrator may determine, bearing in mind the time sensitive nature of this process. 9.3 While any issue is under dispute, Weyerhaeuser shall continue to supply and Domtar shall continue to purchase the products under the terms in effect before the Dispute arose. Any products supplied during the Dispute settlement process shall be subject to a retroactive price adjustment as determined by the arbitrator once the price has been determined through the dispute resolution process set forth under this Section 9. 9.4 While any issue is under dispute, Weyerhaeuser shall continue to supply and Domtar shall continue to purchase the products under the terms in effect before the Dispute arose. Any products supplied during the Dispute settlement process shall be subject to a retroactive price adjustment as determined by the arbitrator once the price has been determined through the dispute resolution process set forth under this Section 9. 9.5 If the issue in dispute is price, the arbitrator shall consider the factors set out in Section 7.1 of this Agreement.
Appears in 3 contracts
Samples: Fiber Supply Agreement (Domtar CORP), Fiber Supply Agreement (Domtar CORP), Fiber Supply Agreement (Domtar CORP)
DISPUTE SETTLEMENT PROCESS. 9.1 Any issue, dispute or controversy arising pursuant to this Agreement (a “Dispute”) shall be settled in the following manner. Upon written request of either party, the representatives of Domtar Weyerhaeuser and of Weyerhaeuser Domtar shall promptly confer and exert their commercially reasonable efforts without the necessity of any formal proceeding related thereto to reach a reasonable and equitable resolution of such Dispute. If such representatives are unable to resolve such Dispute within ten (10) business days, the Dispute shall be referred to the responsible senior management of each party for resolution. Neither party shall seek any other means of resolving any Dispute arising in connection with this Agreement until both parties’ responsible senior management have had at least five (5) business days to resolve the Dispute following its referral to them.
9.1 9.2 Should the parties’ senior management be unable to resolve the Dispute as provided for under this Section 9, the Dispute shall be settled by a single arbitrator in the city of VancouverXxxxxxx, British ColumbiaXxxxxxx, in accordance with the British Columbia Arbitration and Mediation Institute International Arbitration Rules (or successor) then in effectof ADR Xxxxxxxx International. The procedures for arbitration shall be governed by the Commercial Arbitration Act (British ColumbiaOntario) as amended or supplemented from time to time. The single arbitrator shall have expertise in the area of the pulp and forestry industry. The arbitrator may award costs to the prevailing party. The arbitrator’s decision shall be final and binding upon the parties.
9.2 9.3 Either party may trigger an arbitration by notice to the other and the parties shall have thirty (30) days to provide positions in writing to the arbitrator. The arbitrator shall make a determination within another thirty (30) days or within such other period the arbitrator may determine, bearing in mind the time sensitive nature of this process.
9.3 While any issue is under dispute, Weyerhaeuser shall continue to supply and Domtar shall continue to purchase the products under the terms in effect before the Dispute arose. Any products supplied during the Dispute settlement process shall be subject to a retroactive price adjustment as determined by the arbitrator once the price has been determined through the dispute resolution process set forth under this Section 9.
9.4 While any issue is under dispute, Weyerhaeuser Domtar shall continue to supply and Domtar Weyerhaeuser shall continue to purchase the products under the terms in effect before the Dispute arose. Any products supplied during the Dispute settlement process shall be subject to a retroactive price adjustment as determined by the arbitrator once the price has been determined through the dispute resolution process set forth under this Section 9.
9.5 If the issue in dispute is price, the arbitrator shall consider the factors set out in Section 7.1 of this Agreement.
Appears in 1 contract
Samples: Fiber Supply Agreement (Domtar CORP)
DISPUTE SETTLEMENT PROCESS. 9.1 Any issue, dispute or controversy arising pursuant to this Agreement (a “Dispute”) shall be settled in the following manner. Upon written request of either party, the representatives of Domtar and of Weyerhaeuser shall promptly confer and exert their commercially reasonable efforts without the necessity of any formal proceeding related thereto to reach a reasonable and equitable resolution of such Dispute. If such representatives are unable to resolve such Dispute within ten (10) business days, the Dispute shall be referred to the responsible senior management of each party for resolution. Neither party shall seek any other means of resolving any Dispute arising in connection with this Agreement until both parties’ responsible senior management have had at least five (5) business days to resolve the Dispute following its referral to them.
9.1 9.2 Should the parties’ senior management be unable to resolve the Dispute as provided for under this Section 9, the Dispute shall be settled by a single arbitrator in the city of VancouverXxxxxxx, British ColumbiaXxxxxxx, in accordance with the British Columbia Arbitration and Mediation Institute International Arbitration Rules of ADR Xxxxxxxx International (or successor) then in effect. The procedures for arbitration shall be governed by the Commercial Arbitration Act (British ColumbiaOntario) as amended or supplemented from time to time. The single arbitrator shall have expertise in the area of the pulp and forestry industry. The arbitrator may award costs to the prevailing party. The arbitrator’s decision shall be final and binding upon the parties.
9.2 9.3 Either party may trigger an arbitration by notice to the other and the parties shall have thirty (30) days to provide positions in writing to the arbitrator. The arbitrator shall make a determination within another thirty (30) days or within such other period the arbitrator may determine, bearing in mind the time sensitive nature of this process.
9.3 While any issue is under dispute, Weyerhaeuser shall continue to supply and Domtar shall continue to purchase the products under the terms in effect before the Dispute arose. Any products supplied during the Dispute settlement process shall be subject to a retroactive price adjustment as determined by the arbitrator once the price has been determined through the dispute resolution process set forth under this Section 9.
9.4 While any issue is under dispute, Weyerhaeuser shall continue to supply and Domtar shall continue to purchase the products hog fuel under the terms in effect before the Dispute arose. Any products hog fuel supplied during the Dispute settlement process shall be subject to a retroactive price adjustment as determined by the arbitrator once the price has been determined through the dispute resolution process set forth under this Section 9.
9.5 If the issue in dispute is price, the arbitrator shall consider the factors set out in Section 7.1 of this Agreement.
Appears in 1 contract
Samples: Fuel Supply Agreement (Domtar CORP)
DISPUTE SETTLEMENT PROCESS. Any issue, a. A grievance or dispute or controversy arising pursuant to from this Agreement or the National Employment Standard (a “Dispute”NES) shall be settled in accordance with this clause, as follows:
b. If an employee has a grievance or dispute they should discuss the following mannermatter with their immediate leader, affording them the opportunity to remedy the situation. Upon written request of either partyIf the matter is not resolved, the representatives immediate leader shall refer the matter to the line manager.
c. The line manager shall attempt to resolve the matter and can request the assistance of Domtar and of Weyerhaeuser shall promptly confer and exert their commercially reasonable efforts without the necessity of any formal proceeding related thereto to reach a reasonable and equitable resolution of such DisputeRAC facilitator. If such representatives are unable the grievance or dispute involves the immediate leader, then it may be more appropriate to resolve such Dispute within ten (10) business daysdirectly approach the line manager in the first instance.
d. If the matter is unresolved by the line manager, the Dispute grievance or dispute shall be referred to the responsible senior management General Manager of each the business unit and both the RAC and the employee may choose to have external representatives involved in resolving the grievance or dispute at the workplace.
e. The employee may choose to have any external representation (which may include the Union or an internal Union Representative) at any stage of the process.
f. If the matter remains unresolved at the workplace and all agreed steps for resolving it have been taken, the dispute shall be referred to a mediator agreed by the RAC and the employee or Fair Work Commission (FWC) for conciliation or where necessary arbitration.
g. If the parties choose to have the matter addressed by the FWC and arbitration is necessary, the FWC may exercise such power and functions as the parties agree are appropriate at the time. The decision made by the FWC will bind the parties, subject to either party for resolutionexercising a right of appeal against the decision to a Full Bench of FWC.
h. Every attempt shall be made to undertake sub-clauses (a) to (c) within ten working days, unless agreed by the RAC and the employee. Neither party This period of ten working days is calculated from the date on which the employee first brings the dispute or grievance to the attention of their immediate leader.
i. Without prejudice to either party, work shall seek any other means of resolving any Dispute arising continue in connection accordance with this Agreement until both parties’ responsible senior management have had and the contract of employment, while the matters in dispute are being resolved, unless the employee has a reasonable concern about an imminent risk to his or her health or safety. Where there is an imminent health or safety risk, the RAC has the option to direct the employee to perform other appropriate work either at least five (5) business days to resolve the Dispute following its referral to themsame or at another workplace.
9.1 Should the parties’ senior management j. No employee or witness will be unable to resolve the Dispute as provided harassed, victimised or discriminated against for under this Section 9, the Dispute shall be settled by raising a single arbitrator in the city of Vancouver, British Columbia, in accordance with the British Columbia Arbitration and Mediation Institute Arbitration Rules (or successor) then in effect. The procedures for arbitration shall be governed by the Commercial Arbitration Act (British Columbia) as amended or supplemented from time to time. The single arbitrator shall have expertise in the area of the pulp and forestry industry. The arbitrator may award costs to the prevailing party. The arbitrator’s decision shall be final and binding upon the parties.
9.2 Either party may trigger an arbitration by notice to the other and the parties shall have thirty (30) days to provide positions in writing to the arbitrator. The arbitrator shall make a determination within another thirty (30) days or within such other period the arbitrator may determine, bearing in mind the time sensitive nature of this process.
9.3 While any issue is under dispute, Weyerhaeuser shall continue to supply and Domtar shall continue to purchase the products under the terms seeking external representation or being involved in effect before the Dispute arose. Any products supplied during the Dispute settlement process shall be subject to a retroactive price adjustment as determined by the arbitrator once the price has been determined through the dispute resolution process set forth under this Section 9or investigation in any way.
9.4 While any issue is under dispute, Weyerhaeuser shall continue to supply and Domtar shall continue to purchase the products under the terms in effect before the Dispute arose. Any products supplied during the Dispute settlement process shall be subject to a retroactive price adjustment as determined by the arbitrator once the price has been determined through the dispute resolution process set forth under this Section 9.
9.5 If the issue in dispute is price, the arbitrator shall consider the factors set out in Section 7.1 of this Agreement.
Appears in 1 contract
Samples: Distribution Enterprise Agreement
DISPUTE SETTLEMENT PROCESS. 9.1 Any issue, dispute or controversy arising pursuant to this Agreement (a “Dispute”) shall be settled in the following manner. Upon written request of either party, the representatives of Domtar Weyerhaeuser and of Weyerhaeuser Domtar shall promptly confer and exert their commercially reasonable efforts without the necessity of any formal proceeding related thereto to reach a reasonable and equitable resolution of such Dispute. If such representatives are unable to resolve such Dispute within ten (10) business days, the Dispute shall be referred to the responsible senior management of each party for resolution. Neither party shall seek any other means of resolving any Dispute arising in connection with this Agreement until both parties’ responsible senior management have had at least five (5) business days to resolve the Dispute following its referral to them.
9.1 9.2 Should the parties’ senior management be unable to resolve the Dispute as provided for under this Section 9, the Dispute shall be settled by a single arbitrator in the city of VancouverSaskatoon, British ColumbiaSaskatchewan, in accordance with the British Columbia Saskatchewan Arbitration and Mediation Institute Arbitration Rules (or successor) then in effect. The procedures for arbitration shall be governed by the Commercial Arbitration Act (British Columbia) as amended or supplemented from time to timeSaskatchewan). The single arbitrator shall have expertise in the area of the pulp and forestry industry. The arbitrator may award costs to the prevailing party. The arbitrator’s decision shall be final and binding upon the parties.
9.2 9.3 Either party may trigger an arbitration by notice to the other and the parties shall have thirty (30) days to provide positions in writing to the arbitrator. The arbitrator shall make a determination within another thirty (30) days or within such other period the arbitrator may determine, bearing in mind the time sensitive nature of this process.
9.3 9.4 While any issue is under dispute, Weyerhaeuser Domtar shall continue to supply and Domtar Weyerhaeuser shall continue to purchase the products logs under the terms in effect before the Dispute arose. Any products supplied during the Dispute settlement process shall be subject to a retroactive price adjustment as determined by the arbitrator once the price has been determined through the dispute resolution process set forth under this Section 9.
9.4 While any issue is under dispute, Weyerhaeuser shall continue to supply and Domtar shall continue to purchase the products under the terms in effect before the Dispute arose. Any products logs supplied during the Dispute settlement process shall be subject to a retroactive price adjustment as determined by the arbitrator once the price has been determined through the dispute resolution process set forth under this Section 9.
9.5 If the issue in dispute is price, the arbitrator shall consider the factors set out in Section 7.1 of this Agreement.
Appears in 1 contract
Samples: Supply Agreement (Domtar CORP)
DISPUTE SETTLEMENT PROCESS. 9.1 Any issue, dispute or controversy arising pursuant to this Agreement (a “Dispute”) shall be settled in the following manner. Upon written request of either party, the representatives of Domtar Weyerhaeuser and of Weyerhaeuser Domtar shall promptly confer and exert their commercially reasonable efforts without the necessity of any formal proceeding related thereto to reach a reasonable and equitable resolution of such Dispute. If such representatives are unable to resolve such Dispute within ten (10) business days, the Dispute shall be referred to the responsible senior management of each party for resolution. Neither party shall seek any other means of resolving any Dispute arising in connection with this Agreement until both parties’ responsible senior management have had at least five (5) business days to resolve the Dispute following its referral to them.
9.1 9.2 Should the parties’ senior management be unable to resolve the Dispute as provided for under this Section 9, the Dispute shall be settled by a single arbitrator in the city of Vancouver, British ColumbiaSaskatchewan, in accordance with the British Columbia Saskatchewan Arbitration and Mediation Institute Arbitration Rules (or successor) then in effect. The procedures for arbitration shall be governed by the Commercial Arbitration Act (British ColumbiaSaskatchewan) as amended or supplemented from time to time. The single arbitrator shall have expertise in the area of the pulp and forestry industry. The arbitrator may award costs to the prevailing party. The arbitrator’s decision shall be final and binding upon the parties.
9.2 9.3 Either party may trigger an arbitration by notice to the other and the parties shall have thirty (30) days to provide positions in writing to the arbitrator. The arbitrator shall make a determination within another thirty (30) days or within such other period the arbitrator may determine, bearing in mind the time sensitive nature of this process.
9.3 9.4 While any issue is under dispute, Weyerhaeuser Domtar shall continue to supply and Domtar Weyerhaeuser shall continue to purchase the products fibre under the terms in effect before the Dispute arose. Any products supplied during the Dispute settlement process shall be subject to a retroactive price adjustment as determined by the arbitrator once the price has been determined through the dispute resolution process set forth under this Section 9.
9.4 While any issue is under dispute, Weyerhaeuser shall continue to supply and Domtar shall continue to purchase the products under the terms in effect before the Dispute arose. Any products fibre supplied during the Dispute settlement process shall be subject to a retroactive price adjustment as determined by the arbitrator once the price has been determined through the dispute resolution process set forth under this Section 9.
9.5 While any issue is under dispute, Domtar shall continue to supply and Weyerhaeuser shall continue to purchase the fibre under the terms in effect before the Dispute arose. Any fibre supplied during the Dispute settlement process shall be subject to a retroactive price adjustment as determined by the arbitrator once the price has been determined through the dispute resolution process set forth under this Section 9.
9.6 If the issue in dispute is price, the arbitrator shall consider the factors set out in Section 7.1 of this Agreement.
Appears in 1 contract
Samples: Fiber Supply Agreement (Domtar CORP)
DISPUTE SETTLEMENT PROCESS. 9.1 Any issue, dispute or controversy arising pursuant to this Agreement (a “Dispute”) shall be settled in the following manner. Upon written request of either party, the representatives of Domtar and of Weyerhaeuser shall promptly confer and exert their commercially reasonable efforts without the necessity of any formal proceeding related thereto to reach a reasonable and equitable resolution of such Dispute. If such representatives are unable to resolve such Dispute within ten (10) business days, the Dispute shall be referred to the responsible senior management of each party for resolution. Neither party shall seek any other means of resolving any Dispute arising in connection with this Agreement until both parties’ responsible senior management have had at least five (5) business days to resolve the Dispute following its referral to them.
9.1 9.2 Should the parties’ senior management be unable to resolve the Dispute as provided for under this Section 9, the Dispute shall be settled by a single arbitrator in the city of Vancouver, British ColumbiaSaskatchewan, in accordance with the British Columbia Saskatchewan Arbitration and Mediation Institute Arbitration Rules (or successor) then in effect. The procedures for arbitration shall be governed by the Commercial Arbitration Act (British ColumbiaSaskatchewan) as amended or supplemented from time to time. The single arbitrator shall have expertise in the area of the pulp and forestry industry. The arbitrator may award costs to the prevailing party. The arbitrator’s decision shall be final and binding upon the parties.
9.2 9.3 Either party may trigger an arbitration by notice to the other and the parties shall have thirty (30) days to provide positions in writing to the arbitrator. The arbitrator shall make a determination within another thirty (30) days or within such other period the arbitrator may determine, bearing in mind the time sensitive nature of this process.
9.3 While any issue is under dispute, Weyerhaeuser shall continue to supply and Domtar shall continue to purchase the products under the terms in effect before the Dispute arose. Any products supplied during the Dispute settlement process shall be subject to a retroactive price adjustment as determined by the arbitrator once the price has been determined through the dispute resolution process set forth under this Section 9.
9.4 While any issue is under dispute, Weyerhaeuser shall continue to supply and Domtar shall continue to purchase the products chips under the terms in effect before the Dispute arose. Any products chips supplied during the Dispute settlement process shall be subject to a retroactive price adjustment as determined by the arbitrator once the price has been determined through the dispute resolution process set forth under this Section 9.
9.5 While any issue is under dispute, Weyerhaeuser shall continue to supply and Domtar shall continue to purchase the chips under the terms in effect before the Dispute arose. Any chips supplied during the Dispute settlement process shall be subject to a retroactive price adjustment as determined by the arbitrator once the price has been determined through the dispute resolution process set forth under this Section 9.
9.6 If the issue in dispute is price, the arbitrator shall consider the factors set out in Section 7.1 of this Agreement.
Appears in 1 contract
Samples: Fiber Supply Agreement (Domtar CORP)