Duties of arbitrator in relation to Performance Orders. Without prejudice to any additional remedies that may be ordered by the arbitrator under Clause 13.4, where a dispute is allocated in accordance with the ADRR to arbitration and a party has applied for a Performance Order, the parties shall agree in a Procedure Agreement, as defined in the ADRR, that: (a) the arbitrator shall decide as soon as possible whether the application is well founded or not; and (b) if the arbitrator decides that the application is well founded, he shall be required to make an interim or final declaration to that effect and, in that event, the arbitrator may also make any interim or final order directing any party to do or to refrain from doing anything arising from such declaration which he considers just and reasonable in all the circumstances.
Appears in 47 contracts
Samples: Track Access Contract, Track Access Contract, Track Access Contract
Duties of arbitrator in relation to Performance Orders. Without prejudice to any additional remedies that may be ordered by the arbitrator under Clause clause 13.4, where a dispute is allocated in accordance with the ADRR to arbitration and a party has applied for a Performance Order, the parties shall agree in a Procedure Agreement, as defined in the ADRR, that:
(a) the arbitrator shall decide as soon as possible whether the application is well founded or not; and
(b) if the arbitrator decides that the application is well founded, he shall be required to make an interim or final declaration to that effect and, in that event, the arbitrator may also make any interim or final order directing any party to do or to refrain from doing anything arising from such declaration which he considers just and reasonable in all the circumstances.
Appears in 46 contracts
Samples: Track Access Contract (Passenger Services), Track Access Contract (Passenger Services), Track Access Contract (Passenger Services)
Duties of arbitrator in relation to Performance Orders. Without prejudice to any additional remedies that may be ordered by the arbitrator under Clause 13.4, where a dispute is allocated in accordance with the CVL ADRR to arbitration and a party has applied for a Performance Order, the parties shall agree in a Procedure Agreement, as defined in the CVL ADRR, that:
(a) the arbitrator shall decide as soon as possible whether the application is well founded or not; and
(b) if the arbitrator decides that the application is well founded, he shall be required to make an interim or final declaration to that effect and, in that event, the arbitrator may also make any interim or final order directing any party to do or to refrain from doing anything arising from such declaration which he considers just and reasonable in all the circumstances.
Appears in 28 contracts
Samples: Track Access Contract (Freight Services), Track Access Contract, Track Access Contract
Duties of arbitrator in relation to Performance Orders. Without prejudice to any additional remedies that may be ordered by the arbitrator under Clause 13.4, where a dispute is allocated in accordance with the ADRR to arbitration and a party has applied for a Performance Order, the parties shall agree in a Procedure Agreement, as defined in the ADRR, that:
(a) the arbitrator shall decide as soon as possible whether the application is well founded or not; and
(b) if the arbitrator decides that the application is well founded, he it shall be required to make an interim or final declaration to that effect and, in that event, the arbitrator may also make any interim or final order directing any party to do or to refrain from doing anything arising from such declaration which he considers just and reasonable in all the circumstances.
Appears in 4 contracts
Samples: Track Access Contract, Track Access Contract, Track Access Contract
Duties of arbitrator in relation to Performance Orders. Without prejudice to any additional remedies that may be ordered by the arbitrator under Clause 13.4, where a dispute is allocated in accordance with the ADRR to arbitration and a party has applied for a Performance Order, the parties shall agree in a Procedure Agreement, as defined in the ADRR, that:
(a) the arbitrator shall decide as soon as possible whether the application is well founded or not; and
(b) if the arbitrator decides that the application is well founded, he it shall be required to make an interim or final declaration to that effect and, in that event, the arbitrator may also make any interim or final order directing any party to do or to refrain from doing anything arising from such declaration which he considers just and reasonable in all the circumstances.
Appears in 2 contracts
Samples: Track Access Contract (Passenger Services), Track Access Contract (Passenger Services)
Duties of arbitrator in relation to Performance Orders. Without prejudice to any additional remedies that may be ordered by the arbitrator under Clause 13.4, where a dispute is allocated in accordance with the ADRR to arbitration and a party has applied for a Performance Order, the parties shall agree in a Procedure Procedural Agreement, as defined in the ADRR, ADRR that:
(a) the arbitrator shall decide as soon as possible whether the application is well founded or not; andand
(b) if the arbitrator decides that the application is well founded, he shall be required to make an interim or final declaration to that effect and, in that event, the arbitrator may also make any interim or final order directing any party to do or to refrain from doing anything arising from such declaration which he considers just and reasonable in all the circumstances.circumstances.
Appears in 1 contract
Samples: Track Access Contract
Duties of arbitrator in relation to Performance Orders. Without prejudice to any additional remedies that may be ordered by the arbitrator under Clause clause 13.4, where a dispute is allocated in accordance with the ADRR to arbitration and a party has applied for a Performance Order, the parties shall agree in a Procedure Agreement, as defined in the ADRR, that:
(a) the arbitrator shall decide as soon as possible whether the application is well founded or not; andand
(b) if the arbitrator decides that the application is well founded, he shall be required to make an interim or final declaration to that effect and, in that event, the arbitrator may also make any interim or final order directing any party to do or to refrain from doing anything arising from such declaration which he considers just and reasonable in all the circumstances.circumstances.
Appears in 1 contract
Samples: Track Access Contract
Duties of arbitrator in relation to Performance Orders. Without prejudice to any additional remedies that may be ordered by the arbitrator under Clause 13.4, where a dispute is allocated in accordance with the ADRR to arbitration and a party has applied for a Performance Order, the parties shall agree in a Procedure Agreement, as defined in the ADRR, that:
(a) the arbitrator shall decide as soon as possible whether the application is well founded or not; andand
(b) if the arbitrator decides that the application is well founded, he shall be required to make an interim or final declaration to that effect and, in that event, the arbitrator may also make any interim or final order directing any party to do or to refrain from doing anything arising from such declaration which he considers just and reasonable in all the circumstances.circumstances.
Appears in 1 contract
Samples: Track Access Contract