External Resolution Clause Samples
The External Resolution clause establishes a process for resolving disputes or disagreements by referring them to an independent third party or external body. Typically, this clause outlines the steps for selecting the external arbitrator, mediator, or tribunal, and may specify the rules or procedures to be followed during the resolution process. Its core practical function is to provide a neutral and structured mechanism for settling conflicts that cannot be resolved internally, thereby reducing the risk of prolonged disputes and ensuring fairness for all parties involved.
External Resolution. STAGE 2 AND BEYOND If the matter is not resolved at Stage 1 either party may refer it to a Stage 2 Site Meeting. Further provisions concerning the resolution of issues at Stage 2, and the subsequent procedural stages if matters remain unresolved, are set out in NAECI 14.6 to 14.10.
External Resolution. If the dispute remains unresolved, it can be referred to the Australian Industrial Relations Commission (AIRC) for dispute resolution. The AIRC’s role is to: ◼ Firstly; provide the parties with information to assist with dispute resolution; ◼ Secondly; to provide mediation and conciliation to the parties in dispute. Finally in the event that the prior steps in the dispute resolution processes fail to achieve a resolution, then either party to the dispute can request that the AIRC resolve the dispute by arbitration. In such circumstances, the decision will be final and is to be accepted by all parties concerned. The decision of the AIRC will bind the parties, subject to either party exercising a right of appeal against the decision to a Full Bench.
External Resolution. 16.2.1. If the Dispute has not been resolved by Negotiation within the time periods set out in clause 16.1, then the Parties shall submit the dispute, for final resolution, to arbitration (“Arbitration”) before an arbitrator (“Arbitrator”).
16.2.2. The Arbitrator shall be such person as is agreed upon by the Parties. If the Parties fail to reach agreement regarding the appointment of the Arbitrator within five Business Days after the dispute has been submitted to arbitration, then the Arbitrator shall be selected and appointed by the Licensor, and shall be the following persons (subject to the question in issue):
16.2.2.1. primarily an accounting matter, an independent chartered accountant of not less than ten years' standing;
16.2.2.2. primarily a legal matter, a legal practitioner of not less than five years' standing; and
16.2.2.3. a technical matter pertaining to the System, a suitably qualified computer engineer or developer, of not less than ten years’ standing.
16.2.3. The Arbitrator shall determine the rules that apply to the Arbitration.
16.2.4. Unless otherwise agreed in writing by all the Parties, any such Negotiation or Arbitration shall be conducted in English and held on any electronic communication platform (including Microsoft Teams or Zoom).
External Resolution. If the complainant or appellant is not satisfied by the outcomes of the internal process, they may opt for the matter to be referred to an external dispute resolution body. • If an external independent party is appointed, all associated costs will be paid by the party appointing the external party. • HTA may engage an external independent mediator who has the expertise required to resolve the complaint or appeal as and when needed. • HTA will co-operate fully in the external resolution process by providing clear, full and transparent access to any documentation associated with the complaint and appeals including student files, assessment records, internal complaints and appeals records as permitted by law. HTA will instruct and require all staff to fully co-operate in the process. • External complaints in relation to a student’s enrolment that result in an external party giving an outcome in the favour of HTA will result in the reporting of information through PRISMS of the change in an overseas student’s enrolment status. • Where an external party finds an outcome in the favour of a student, the CEO will act on this immediately and organise a management meeting to use this as an opportunity for continuous improvement. The management team must discuss all decisions made, findings of the case and its outcome. Appropriate actions must be decided to ensure the situation is corrected and not repeated. The complainant or appellant must be notified of the corrective actions and associated outcomes. • Domestic students can choose to hire an external party of their own choice at their own cost. Additional options for external complaints avenues are provided in below. • International students wishing to opt for external appeals process can do so through at no cost with the Commonwealth Ombudsman. The Commonwealth Ombudsman can investigate complaints from international students about private schools, colleges, institutes and universities in Australia. Details on how the ombudsman can help you can be found on the following web page: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇.▇▇/complaints/international-student-complaints. Commonwealth Ombudsman contact details can be found on the following web page: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇.▇▇/contact-us The Commonwealth Ombudsman can look into complaints from international students who are currently studying, previously studied, or are planning to study with private education providers on a student visa. Issues they can look into include: o course ...
External Resolution. (a) Referral to External Resolution If the dispute remains unresolved after the informal process in clause 3.1.4 and the formal process in clause 3.1.5 has been followed, the dispute must be dealt with as follows: • Where the parties both agree, it may be referred to an Independent Arbitrator (who will be agreed between the parties at the time); or • A party may refer the matter to the Australian Industrial Relations Commission (AIRC) for, in the first instance, conciliation. If the dispute remains unresolved after conciliation, the AIRC may resolve the dispute by arbitration. The