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 competent person or body selected by the parties for the purposes of alternative dispute resolution may require the costs of the alternative dispute resolution to be paid by one of the parties on the resolution of the dispute. 27.7 Nothing in this clause 27 shall prevent either party from referring the dispute to Ofcom in accordance with any right either party may have to request a determination or from taking any other appropriate steps for its resolution.
Appears in 4 contracts
Samples: Physical Infrastructure Access Agreement, Physical Infrastructure Access Agreement, Physical Infrastructure Access Agreement
Escalation and Dispute Resolution. 27.1 24.1 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 24.2 If the dispute is not resolved within thirty (30) 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 24.3 For any dispute not covered by sub-clause 27.224.2, if the dispute is not resolved within thirty (30) 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 sub-clause 27.424.4; 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 24.4 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) 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 24.5 If the parties are not prepared to agree to the dispute being referred to a mediator or fail to reach agreement within two (2) 2 months of the mediator being appointed, then either party may exercise any remedy that it has under this Agreement.
27.6 24.6 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 24 shall prevent the parties from agreeing that any mediator, adjudicator, arbitrator, court or other competent person or body selected by the parties for the purposes of alternative dispute resolution may require the costs of the alternative dispute resolution to be paid by one of the parties on the resolution of the dispute.
27.7 24.7 Nothing in this clause 27 24 shall prevent either party from referring the dispute to Ofcom in accordance with any right either party may have to request a determination or from taking any other appropriate steps for its resolution.
Appears in 2 contracts
Samples: Physical Infrastructure Access Agreement, Physical Infrastructure Access Agreement
Escalation and Dispute Resolution. 27.1 17.1 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 17.2 If the dispute is not resolved within thirty (30) 30 calendar days of the matter being raised and it relates to the accuracy of an invoice delivered under this Agreement Contract then the parties shall have the option to 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 17.3 For any dispute not covered by sub-clause 27.217.2, if the dispute is not resolved within thirty (30) 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 sub-clause 27.417.4; 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 17.4 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) 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 AgreementContract.
27.5 17.5 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 AgreementContract.
27.6 17.6 The third party costs of alternative dispute resolution shall be shared equally between the parties unless determined otherwise by competent or on authorised bodies. .
17.7 Nothing in this clause 27 shall prevent the parties from agreeing that any mediator, adjudicator, arbitrator, court or other competent person or body selected by the parties for the purposes of alternative dispute resolution may require the costs of the alternative dispute resolution to be paid by one of the parties on the resolution of the dispute.
27.7 Nothing in this clause 27 17 shall prevent either party from referring the dispute to Ofcom in accordance with any right either party may have to request a determination or from taking any other appropriate steps for its resolution.
Appears in 2 contracts
Samples: Service Agreement, Service Agreement
Escalation and Dispute Resolution. 27.1 Each party shall 16.1 If any dispute arises between the parties to this Contract, the parties will use its their reasonable endeavours to resolve disputes settle the dispute in accordance with the other. A following procedures:
(a) Any dispute will first which has not been settled by the Customer's representative and the BT representative within seven days of the matter being raised, may be escalated by either party to the nominated contacts for disputes set out first level by notice in writing to the Customer Service Plan.other party; and
27.2 (b) If the dispute is not resolved at the first level within thirty (30) calendar seven days of the matter being raised and it relates to the accuracy of an invoice delivered under this Agreement then the parties shall escalation either party may refer the dispute for investigation to the second level; and
(c) The parties’ representatives and resolution the people to whom a dispute must be escalated at the first and second levels will be as specified by such chartered accountants as the parties may agree, or in default of agreement, as may be nominated by the President Section 5 of the Institute Order Form. Either party may change its nominees at any time by giving the other party notice in writing in accordance with paragraph 25 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 bindingthese Conditions.
27.3 For any dispute not covered by clause 27.2, if the 16.2 If a dispute is not resolved within thirty (30) calendar days of after the matter being raised procedures set out in paragraph 16.1 above have been followed, then the parties (if they agree) shall have the option of:
(a) referral of either party may refer 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 The mediator will be appointed by agreement of the parties. If parties or in the parties fail event of a failure 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);Resolution; and
(b) all Within fourteen days of the appointment of the mediator, the parties will meet with the mediator in order to agree the procedure to be adopted for the negotiations; and
(c) 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
(cd) if If the parties reach agreement on the resolution of the dispute, dispute the agreement will be put in reduced to 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.; and
27.5 (e) 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, appointed then either party may exercise any remedy that it has under this AgreementContract including the right to terminate this Contract under paragraph 17 or 18 of these Conditions.
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 competent person or body selected by the parties for the purposes of alternative dispute resolution may require the costs of the alternative dispute resolution to be paid by one of the parties on the resolution of the dispute.
27.7 Nothing in this clause 27 shall prevent either party from referring the dispute to Ofcom in accordance with any right either party may have to request a determination or from taking any other appropriate steps for its resolution.
Appears in 2 contracts
Samples: Service Agreement, Service Agreement
Escalation and Dispute Resolution. 27.1
17.1. Each party shall use its reasonable endeavours to resolve disputes with the other. A dispute will first first be escalated to the nominated contacts for disputes set out in the Customer Service PlanContact List.
27.2 17.2. If the dispute is not resolved within thirty (30) 30 calendar days of the matter being raised and it relates to the accuracy of an invoice delivered under this Agreement Contract 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 final and binding.
27.3 17.3. For any dispute not covered by clause 27.217.2, if the dispute is not resolved within thirty (30) 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 27.417.4; 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 17.4. 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) 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 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 confidential information for the purposes of the confidentiality confidentiality provisions in this AgreementContract.
27.5 17.5. If the parties are not prepared to agree to the dispute being referred to a mediator or fail to reach agreement within two (2) 2 months of the mediator being appointed, then either party may exercise any remedy that it has under this AgreementContract.
27.6 17.6. 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 17 shall prevent the parties from agreeing that any mediator, adjudicator, arbitrator, court or other competent person or body selected by the parties for the purposes of alternative dispute resolution may require the costs of the alternative dispute resolution to be paid by one of the parties on the resolution of the dispute.
27.7 17.7. Nothing in this clause 27 17 shall prevent either party from referring the dispute to Ofcom in accordance with any right either party may have to request a determination or from taking any other appropriate steps for its resolution.
Appears in 1 contract
Samples: Wholesale Services Contract
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.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: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 competent person or body selected by the parties for the purposes of alternative dispute resolution may require the costs of the alternative dispute resolution to be paid by one of the parties on the resolution of the dispute.
27.7 Nothing in this clause 27 shall prevent either party from referring the dispute to Ofcom in accordance with any right either party may have to request a determination or from taking any other appropriate steps for its resolution.
Appears in 1 contract
Escalation and Dispute Resolution. 27.1 Each party shall 16.1 If a dispute arises between the parties to this Agreement, the parties will use its their reasonable endeavours to resolve disputes settle the dispute in accordance with the other. A following procedures:
(a) a dispute will first be escalated to which has not been settled by the nominated contacts for disputes set out in Customer's representative and the Customer Service Plan.
27.2 If the dispute is not resolved BT representative within thirty (30) calendar 7 days of the matter being raised and it relates raised, may be escalated by either party to the accuracy of an invoice delivered under this Agreement then first level by written notice to 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.other party;
27.3 For any dispute not covered by clause 27.2, (b) if the dispute is not resolved at the first level within thirty (30) calendar 7 days of the matter being raised then the parties (if they agree) shall have the option of:
(a) referral of escalation either party may refer the dispute to the second level. The parties representatives and the people to whom a mediator dispute must be escalated at the first and second levels are as notified by either party to the other, from time to time.
16.2 If a dispute is not resolved after the procedures set out in accordance with clause 27.4; or
(b) referral of paragraph 16.1 have been followed then, if the parties agree, 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 will be referred to a mediator:
(a) the mediator will be appointed by agreement of the parties. If In the parties fail event of a failure to agree within three (3) calendar 3 days of a proposal by one party, the mediator will be appointed by the Centre for Dispute Resolution (CEDR);
(b) within 14 days of the appointment of the mediator the parties will meet with the mediator in order to agree the procedure to be adopted for the negotiations;
(c) 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;
(cd) if the parties reach agreement on the resolution of the dispute, 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 (e) if the parties are not prepared to agree to the dispute being referred to a mediator mediator, or fail to reach agreement within two (2) 2 months of the mediator being appointed, 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 competent person or body selected by the parties for the purposes of alternative dispute resolution may require the costs of the alternative dispute resolution to be paid by one of the parties on the resolution of the dispute.
27.7 Nothing in this clause 27 shall prevent either party from referring the dispute to Ofcom in accordance with any right either party may have to request a determination or from taking any other appropriate steps for its resolution.
Appears in 1 contract
Samples: Agreement for the Provision of Bt Managed Conferencing Services
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 competent person or body selected by the parties for the purposes of alternative dispute resolution may require the costs of the alternative dispute resolution to be paid by one of the parties on the resolution of the dispute.
27.7 The parties will comply with the Third Party Claims process where BT receives a claim and/or allegation from a third party relating to damage and/or loss and/or injury to person and/or property and/or a failure to comply with Applicable Law.
27.8 Nothing in this clause 27 shall prevent either party from referring the dispute to Ofcom in accordance with any right either party may have to request a determination or from taking any other appropriate steps for its resolution.
Appears in 1 contract
Escalation and Dispute Resolution. 27.1 17.1 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. Information required by either party in order to progress a dispute must be provided within 30 days of request unless it is not practically possible to provide it in the reasonable opinion of that party in which case the parties shall discuss reasonable delivery timescales.
27.2 17.2 If the dispute is not resolved within thirty (30) calendar 14 days of the matter being raised and it relates to the accuracy of an invoice delivered under this Agreement Contract then the parties shall have the option to 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 17.3 For any dispute not covered by clause 27.217.2, if the dispute is not resolved within thirty (30) calendar with 30 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 27.417.4; 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 17.4 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 3 days of a proposal by one party, the mediator will be appointed by the Centre for Dispute Resolution (CEDR)Chartered Institute of Arbitrators;
(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.clause 12.1 above; and
27.5 If (d) if the parties are not prepared to agree to the dispute being referred to a mediator or fail to reach agreement within two (2) 2 months of the mediator being appointed, then either party may exercise any remedy that it has under this AgreementContract; and
17.5 Nothing in this clause 17 shall prevent either party from referring the dispute to Ofcom in accordance with any right (if any) either party may have to request a determination or other appropriate steps for its resolution.
27.6 17.6 The third party costs of alternative dispute resolution shall be shared equally between the parties unless determined otherwise by competent or authorised bodies. .
17.7 Nothing in this clause 27 shall prevent the parties from agreeing that any mediator, adjudicator, arbitrator, court or other competent person or body selected by the parties for the purposes of alternative dispute resolution may require the costs of the alternative dispute resolution to be paid by one of the parties on the resolution of the dispute.
27.7 Nothing in this clause 27 17 shall prevent either party from referring the dispute to Ofcom in accordance with any right either party may have to request a determination seeking (including obtaining or from taking any implementing) interlocutory or other appropriate steps for its resolution.immediate relief
Appears in 1 contract
Samples: Service Agreement
Escalation and Dispute Resolution. 27.1 21.1 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 21.2 If the dispute is not resolved within thirty (30) 30 calendar days of the matter being raised and it relates to the accuracy of an invoice delivered under this Agreement Contract then the parties shall have the option to 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 21.3 For any dispute not covered by sub-clause 27.221.2, if the dispute is not resolved within thirty (30) 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 sub-clause 27.421.4; 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 21.4 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) 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 AgreementContract.
27.5 21.5 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 AgreementContract.
27.6 21.6 The third party costs of alternative dispute resolution shall be shared equally between the parties unless determined otherwise by competent or on authorised bodies. .
21.7 Nothing in this clause 27 shall prevent the parties from agreeing that any mediator, adjudicator, arbitrator, court or other competent person or body selected by the parties for the purposes of alternative dispute resolution may require the costs of the alternative dispute resolution to be paid by one of the parties on the resolution of the dispute.
27.7 Nothing in this clause 27 21 shall prevent either party from referring the dispute to Ofcom in accordance with any right either party may have to request a determination or from taking any other appropriate steps for its resolution.
Appears in 1 contract
Escalation and Dispute Resolution. 27.1 15.1 Each party shall agrees to use its reasonable endeavours efforts to resolve disputes 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 15.2 If the dispute is not resolved within thirty (30) 30 calendar days of the matter being raised and it relates to the accuracy of an invoice delivered under this Agreement Contract 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 15.3 For any dispute not covered by sub-clause 27.215.2, if the dispute is not resolved within thirty (30) with 14 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 sub-clause 27.415.4; 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 15.4 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) 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 AgreementContract.
27.5 15.5 If the parties are not prepared to agree to the dispute being referred to a mediator or fail to reach agreement within two (2) 2 months of the mediator being appointed, then either party may exercise any remedy that it has under this AgreementContract.
27.6 15.6 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 15 shall prevent the parties from agreeing that any mediator, adjudicator, arbitrator, court or other competent person or body selected by the parties for the purposes of alternative dispute resolution may require the costs of the alternative dispute resolution to be paid by one of the parties on the resolution of the dispute.
27.7 15.7 Nothing in this clause 27 15 shall prevent either party from referring the dispute to Ofcom in accordance with any right either party may have to request a determination or from taking any other appropriate steps for its resolution.
Appears in 1 contract
Samples: Service Agreement
Escalation and Dispute Resolution. 27.1 Each party shall 24.1 The parties nominated representatives and the people to whom a dispute must be escalated at the first and second levels are set out in Recital I of this Agreement, as amended from time to time by the parties in writing.
24.2 If any dispute arises between BT and the Developer or its representatives, the parties will use its their reasonable endeavours to resolve disputes settle the dispute in accordance with the other. A following:
24.2.1 any dispute will first which has not been settled by the nominated representatives of both the Developer and BT within 28 days of the matter being raised, may be escalated to the nominated contacts for disputes set out first level, by notice in writing to the Customer Service Plan.other party; and
27.2 If 24.2.2 if the dispute is not resolved at the first level within thirty (30) calendar 21 days of the escalation, either party may refer to the second level.
24.3 If a dispute is not resolved within 14 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 second level (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, set out 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 (30procedures set out in Clause 24.2 above) calendar days of the matter being raised then the parties (if they agree) either party shall have the option of:
(a) referral of the dispute to a mediator in accordance with clause 27.4sub-Clause 24.4; 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 24.4 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) 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 24.5 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 competent person or body selected by the parties for the purposes of alternative dispute resolution may require the costs of the alternative dispute resolution to be paid by one of the parties on the resolution of the dispute.
27.7 Nothing in this clause 27 shall prevent either party from referring the dispute to Ofcom in accordance with any right either party may have to request a determination or from taking any other appropriate steps for its resolution.
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Samples: Telecoms Dno Connection Offer
Escalation and Dispute Resolution. 27.1 24.1 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 24.2 If the dispute is not resolved within thirty (30) 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 24.3 For any dispute not covered by sub-clause 27.224.2, if the dispute is not resolved within thirty (30) 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 sub-clause 27.424.4; 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 24.4 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) 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 co nected 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 24.5 If the parties are not prepared to agree to the dispute being referred to a mediator or fail to reach agreement within two (2) 2 months of the mediator being appointed, then either party may exercise any remedy that it has under this Agreement.
27.6 24.6 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 24 shall prevent the parties from agreeing that any mediator, adjudicator, arbitrator, court or other competent person or body selected by the parties for the purposes of alternative dispute resolution may require the costs of the alternative dispute resolution to be paid by one of the parties on the resolution of the dispute.
27.7 24.7 Nothing in this clause 27 24 shall prevent either party from referring the dispute to Ofcom in accordance with any right either party may have to request a determination or from taking any other appropriate steps for its resolution.
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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 competent person or body selected by the parties for the purposes of alternative dispute resolution may require the costs of the alternative dispute resolution to be paid by one of the parties on the resolution of the dispute.
27.7 The parties will comply with the Third Party Claims process where XX receives a claim and/or allegation from a third party relating to damage and/or loss and/or injury to person and/or property and/or a failure to comply with Applicable Law.
27.8 Nothing in this clause 27 shall prevent either party from referring the dispute to Ofcom in accordance with any right either party may have to request a determination or from taking any other appropriate steps for its resolution.
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