FAST TRACK DISPUTE RESOLUTION Sample Clauses

FAST TRACK DISPUTE RESOLUTION. ‌ 17.1 Disputes expressly referred for determination pursuant to this clause 17 (Fast Track Dispute Resolution) shall be determined by the relevant Independent Expert. 17.2 Within five (5) Business Days after a dispute has been referred by either Party to the appropriate Independent Expert, the Independent Expert shall require the Parties to submit in writing their respective arguments. The Independent Expert shall, in his absolute discretion, consider whether a hearing is necessary in order to resolve the dispute. 17.3 It shall be entirely within the power and competence of the Independent Expert to decide upon any matters related to the proper preparation of the dispute for hearing and in that regard the Independent Expert shall direct the Parties accordingly. 17.4 The Independent Expert shall set the date for the hearing, choose the venue (which must be a venue in South Africa) for the hearing and determine all matters regarding any aspect of the hearing. Moreover, the Independent Expert can decide whether at the hearing the Parties are to give oral evidence or confine themselves to presenting their cases in writing or by some other appropriate procedure. In this regard, the Independent Expert must be guided by considerations of fairness, the cost-effective resolution of the dispute, and the need to resolve the dispute quickly. 17.5 The Independent Expert shall provide both Parties with his written decision on the dispute, within 20 (twenty) Business Days of the referral (or such other period as the Parties may agree after the referral). The Independent Expert shall give his reasons for the award, if so requested by either Party. 17.6 The Independent Expert’s costs of any referral shall be borne as the Independent Expert shall specify or, if not specified, equally by the Parties. Each Party shall bear its own costs arising out of the referral, including its legal costs and the costs and expenses of any witnesses. 17.7 The Independent Expert shall act impartially and may take the initiative in ascertaining the facts and the Law. 17.8 Should the need arise for either Party to seek interim or temporary relief before the adjudication is finalised, that Party may apply to the Independent Expert to grant such interlocutory order or give the required temporary relief and the Independent Expert shall have the same power to do so as if the matter were one heard by a Judge in the High Court of South Africa, save that if by Law such power or order cannot be exerci...
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FAST TRACK DISPUTE RESOLUTION. Disputes expressly referred for determination pursuant to this clause 28 (Fast Track Dispute Resolution) shall be determined by the relevant Independent Expert.
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FAST TRACK DISPUTE RESOLUTION. 13.7.1. Disputes expressly referred for determination pursuant to this clause 13.7 shall be determined by the relevant Independent Expert as defined in clause 13.7.2.
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FAST TRACK DISPUTE RESOLUTION. If it is agreed or determined that a Force Majeure event has occurred, the Affected Party shall, provided that it has complied with the requirements of this clause 42, not be liable for any failure to perform an obligation under this Agreement as a consequence of such Force Majeure event to the extent only that: such performance is prevented, hindered or delayed by Force Majeure; and such failure could not have been mitigated by the Affected Party (acting as a Reasonable and Prudent Operator). Provided that the Terminal Operator has complied with the requirements of this clause 42, if the Terminal Operator's performance of all (or part) of its obligations under this Agreement is prevented, hindered or delayed by a Force Majeure event: occurring prior to Scheduled Operations Commencement Date, then Scheduled Operations Commencement Date shall be extended by a period equal to the period by which its performance is prevented, hindered or delayed by the Force Majeure Event; occurring after Scheduled Operations Commencement Date but prior to the Actual Operations Commencement Date, then Long Stop Date shall be extended by a period equal to the period by which its performance is prevented, hindered or delayed by the Force Majeure event; and
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Related to FAST TRACK DISPUTE RESOLUTION

  • Alternative Dispute Resolution Prior to filing of litigation, the parties may select non-binding mediation as a method of conflict resolution for issues arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction. The parties agree that if non-binding mediation is chosen as a resolution process, the parties must agree to the chosen mediator(s) and that all mediation venue shall be at a location in Xxx Xxxxx County, Texas or agreed by the parties. The parties agree to share equally the cost of the mediation process and venue cost.

  • Dispute Resolution All or any disputes arising out or touching upon or in relation to the terms and conditions of this Agreement, including the interpretation and validity of the terms thereof and the respective rights and obligations of the Parties, shall be settled amicably by mutual discussion, failing which the same shall be settled through the adjudicating officer appointed under the Act.

  • Dispute Resolution Procedure 21.1 All disputes or grievances arising between the Parties shall as far as practical be resolved at the workplace level through consultation. Accordingly the following procedure must be followed: 21.1.1 Initially the Employee shall discuss any grievance, dispute or claim with their immediate supervisor; 21.1.2 If the matter is not resolved at such a meeting, the Parties may hold further discussions with appropriate senior levels of management; 21.1.3 If the matter cannot be resolved at the workplace level, the Parties agree to refer the matter to Enterprise Initiatives Pty Ltd who will engage a third party mediator to mediate the dispute. Any such mediator will conduct the mediation in accordance with the provisions of Part 13, Division 6 of the Act. 21.2 To the extent that the dispute concerns Employee entitlements or Employer obligations under the Agreement the Employer will ask for the Employee's agreement to seek advice from EI Legal Pty Ltd. 21.3 This dispute resolution procedure does not apply to Employees where the Employer has given notice and reasons for termination according to clause 5 of the Agreement. 21.4 Where the Parties agree to pursue mediation the Parties:- 21.4.1 Will participate in the mediation process in good faith; 21.4.2 Acknowledge the right of other to appoint in writing, another person to act on their behalf in relation to the mediation process; 21.4.3 Agree not to commence any action against the other; and 21.4.4 Agree that during the time when the Parties attempt to resolve the matter: i) the Parties continue to work in accordance with the contract of employment unless the Employee has a reasonable concern about an imminent risk to his or her health or safety; and ii) subject to relevant provisions of any state or territory occupational safety law, even if the Employee has a reasonable concern about an imminent risk to his or her health or safety, the Employee must not unreasonably fail to comply with a direction by his or her Employer to perform other available work, whether at the same workplace or another workplace, that is safe and appropriate for the Employee to perform; and iii) the Parties must cooperate to ensure that the dispute resolution procedures are carried out as quickly as is reasonably possible.

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