Escalation and Dispute Resolution. 27.1 Each party shall use its reasonable endeavours to resolve disputes with the other. A dispute will first be escalated to the nominated contacts for disputes set out in the Customer Service Plan.
27.2 If the dispute is not resolved within thirty (30) calendar days of the matter being raised and it relates to the accuracy of an invoice delivered under this Agreement then the parties shall refer the dispute for investigation and resolution by such chartered accountants as the parties may agree, or in default of agreement, as may be nominated by the President of the Institute of Chartered Accountants in England and Wales. Such chartered accountants shall act as an expert and not as an arbitrator and their decision, in the absence of evidence of manifest error, shall be final and binding.
27.3 For any dispute not covered by clause 27.2, if the dispute is not resolved within thirty (30) calendar days of the matter being raised then the parties (if they agree) shall have the option of:
(a) referral of the dispute to a mediator in accordance with clause 27.4; or
(b) referral of the dispute for early neutral evaluation; or
(c) pursuing any other dispute resolution option which the parties agree is appropriate.
27.4 If the dispute is referred to a mediator:
(a) the mediator will be appointed by agreement of the parties. If the parties fail to agree within three (3) calendar days of a proposal by one party, the mediator will be appointed by the Centre for Dispute Resolution (CEDR);
(b) all negotiations connected with the dispute will be conducted in confidence and without prejudice to the rights of the parties in any further proceedings; and
(c) if the parties reach agreement on the resolution of the dispute, the agreement will be put in writing and once signed by the parties will be binding on them. Any such agreement will constitute confidential information for the purposes of the confidentiality provisions in this Agreement.
27.5 If the parties are not prepared to agree to the dispute being referred to a mediator or fail to reach agreement within two (2) months of the mediator being appointed, then either party may exercise any remedy that it has under this Agreement.
27.6 The third party costs of alternative dispute resolution shall be shared equally between the parties unless determined otherwise by competent or authorised bodies. Nothing in this clause 27 shall prevent the parties from agreeing that any mediator, adjudicator, arbitrator, court or other comp...
Escalation and Dispute Resolution. 19.1. If a dispute arises out of or in connection with the Agreement and/or any Services Agreement or the performance, validity or enforceability of them (Dispute) then, except as expressly provided in this Agreement, the parties shall follow the dispute escalation procedure set out in detail within the OUTSOURCE TELECOM code of practice.
19.2. Compliance with clause 12.1 shall not prevent the parties commencing or continuing court proceedings or referring the Dispute to Ofcom in accordance with any right (if any) either party may have to request a determination or other steps for its resolution.
Escalation and Dispute Resolution. Any dispute which arises between the Parties as to this Agreement or the performance of the Parties’ respective obligations under this Agreement, shall be discussed, and if possible resolved by appointed representatives of each Party, inclusive of mediation where mutually agreed by both Parties.
Escalation and Dispute Resolution. 26
17.1 If a Dispute arises under out of or in connection with this Agreement, either Party may refer such Dispute to the Escalation Procedure in accordance with Schedule 4 or to the extent that such Dispute involves a construction contract within the meaning of section 104 of the Housing Grants, Construction and Regeneration Act 1996 (as amended from time to time), to an adjudicator for adjudication in accordance with the following provisions:
(a) the Scheme for Construction Contracts SI No. 649 of 1998 shall apply; and
(b) if the Parties are unable to agree on a person to act as adjudicator, the adjudicator shall be nominated at the request of either Party by the President or Vice President for the time being of Technology and Construction Bar Association.
17.2 If a Dispute is referred to an adjudicator, neither Party may commence any further proceedings until twenty (20) Working Days after the decision of the adjudicator in relation to such Dispute has been given.
17.3 The decision of an adjudicator properly appointed in accordance with this Agreement will be binding until referred to the courts for final determination or the Parties decide otherwise, and in any proceedings the courts shall have full power to open up, review and revise any certificate, opinion, decision, instruction, direction, valuation, requisition or notice given or made under this Agreement and any determination of an adjudicator, including an award as to costs.
17.4 In the event that any Dispute or difference of any kind whatsoever shall arise between:
(a) Network Rail and any Contractor; or 26 A mediation option is available on request.
(b) between the Customer and any contractor appointed by the Customer in relation to the Project which is substantially the same or connected with issues in any Dispute between Network Rail and the Customer, either Party shall be entitled to require that the other Party shall be joined as a party to any determination pursuant to the relevant contract and the other Party shall permit and co-operate in such joinder.
Escalation and Dispute Resolution. The parties agree to negotiate in good faith to resolve any dispute between them regarding this Agreement. If the negotiations do not resolve the dispute to the reasonable satisfaction of parties, then each party’s CEO (“Representatives”) shall, within thirty (30) days of a written request by either party to call such a meeting, meet either in person or through any other media and alone (except for one assistant for each party) and shall attempt in good faith to resolve the dispute.
1. All disputes between the Parties arising out of or relating to this Agreement that cannot be amicably settled between [the Account Manager] and the [Procurement Manager] within a maximum of thirty (30) calendar days shall be referred, by either Party, to their senior management for resolution.
2. If any dispute cannot be resolved by the respective senior management within a maximum of fifteen (15) calendar days after it has been referred under Section 22.1 above, the dispute shall be referred to the Parties’ Managing Directors / CEO for resolution.
3. If the dispute cannot be resolved within a maximum of fifteen (15) calendar days by the Parties' Managing Directors/CEO under Section 22.2, the dispute shall be referred to the dispute resolution procedure set out in Sections 22.4 to 22.8 below.
4. Subject to the escalation procedure specified in Section 22.1 to 22.3 being exhausted without resolution of any dispute, the Parties agree to attempt to settle such dispute by mediation in accordance with the standard mediation procedure in accordance with the local jurisdiction. Each Party agrees with the other not to commence any court proceedings/arbitration in relation to any dispute arising out of this Agreement until they have attempted to settle it by mediation and that mediation has terminated without resolution of the dispute.
5. If the Parties reach an agreement on the resolution of the dispute such agreement shall be reduced to writing and, once signed by an authorised signatory of each Party, shall remain binding on the Parties.
6. If the Parties have not settled the dispute in accordance with Section 22.5 above within seven (7) calendar days from the date when the mediation was instituted, the dispute shall be referred to arbitration under the Rules of the local jurisdiction.
7. The Parties shall bear their own costs arising from any dispute resolution procedure.
8. The performance by the Parties of their respective obligations under this Agreement shall not cease or be ...
Escalation and Dispute Resolution. 17.1 If a dispute arises between the parties to this Agreement, the parties will use their reasonable endeavours to settle the dispute in accordance with the following procedures:
17.1.1 a dispute which has not been settled by the Customer’s representative and the CSL representative within seven days of the matter being raised, may be escalated by either party to the first level by written notice to the other party; and
17.1.2 if the dispute is not resolved at the first level within seven days of escalation either party may refer the dispute to the second level.
17.2 The parties’ representatives and the people to whom a dispute must be escalated at the first and second levels are as notified by either party to the other from time to time.
17.3 The parties shall not refer any dispute to the courts unless and until the dispute resolution procedures of paragraph 17 (Escalation and Dispute Resolution ) have been followed.
Escalation and Dispute Resolution. 2.6.1 If a dispute arises and is not satisfactorily resolved by the appointed representatives provided by either party within two weeks then a mediator will, with the agreement of both parties, be appointed by the Centre for Dispute resolution (CEDR).
2.6.2 If the parties reach agreement on the resolution of the dispute the agreement will be put in writing and once signed shall become binding.
2.6.3 All negotiations connected with the dispute will be conducted in confidence and without prejudice to the rights of the parties in any further proceedings.
2.6.4 If the parties are not prepared to agree to the dispute being referred to a mediator or fail to reach an agreement within 2 months of the mediator being appointed, then either party may exercise any remedy that it has under this Agreement.
Escalation and Dispute Resolution. 15.1 In the event of any dispute between the Concession Holder and the Authority concerning any matter arising from or in connection with this Agreement, the Concession Holder and the Authority will use all reasonable endeavours to settle the matter in accordance with the escalation process set out below.
15.2 Any such dispute which has not been settled between the Authority Manager and the Concession Holder Manager within five (5) Business Days of the matter being raised by one party to the attention of the other party may be escalated for resolution by either party to the Second Level Dispute References so listed on the front sheet or their nominated deputies.
15.3 Notwithstanding the foregoing, nothing in this Agreement shall prevent either party taking action at law where it deems it is necessary to do so in order to protect its Intellectual Property Rights or Confidential Information. The escalation and dispute resolution processes described above shall not prevent a party from notifying the other party that it withdraws from the escalation or the dispute resolution process for any dispute and intends to commence court proceedings nor will it prevent a party from exercising its right to terminate this Agreement in accordance with the termination provisions contained in Clause 4.
15.4 Both parties will continue to perform their respective obligations under this Agreement pending the resolution of any dispute
Escalation and Dispute Resolution. 20.1. If any dispute or difference of any kind whatsoever arises between the Parties in relation to this Agreement or the provision of the Service, the Parties will use their reasonable endeavours to settle the dispute as soon as possible in accordance with BT’s code of practice in respect of disputes in force from time to time.
20.2. In the event that a dispute between the Parties is not settled by BT’s Customer Services director within sixty days of the event giving rise to the dispute occurring, then the matter may be referred by either Party to arbitration under the Arbitration Rules of the Chartered Institute of Arbitrators -Irish Branch. Any such arbitration shall be conducted in Ireland, in the English language and shall be governed by the Arbitration Acts, 1954 to 2010.
Escalation and Dispute Resolution. In the event that there is a dispute in relation to any aspect of, or failure to agree any matter arising in relation to the conduct or operation of the ID&JG Business between RBS NV and the Business Head with respect to cannot be resolved at a local level, the Business Head will escalate the matter to the Chairman of the Managing Board of RBS NV. If the Business Head and the Chairman of the Managing Board of RBS NV cannot resolve the matter within ten Business Days of the matter being referred to the Chairman of the Managing Board of RBS NV, then the Chairman of the Managing Board of RBS NV will attempt to resolve the matter informally through discussion with the Chairman of the Managing Board of ABN AMRO Bank.
