Common use of Independent arbitration and mediation Clause in Contracts

Independent arbitration and mediation. 4.1 Should the Executives of the Parties fail to reach unanimous agreement in the determination of any Dispute referred to them within fourteen (14) Working Days of such referral, the Parties undertake to meet promptly and consider whether or not the Dispute should be referred to Arbitration or Mediation. If the Parties agree in writing that the Dispute should be referred to Arbitration or Mediation, such dispute will be determined by Arbitration or Mediation in accordance with the remaining provisions of this clause, and either Party may then file a request for Arbitration or Mediation. If the Parties fail to reach an agreement in writing to refer the Dispute to Arbitration or Mediation within a period of two (2) Working Days of meeting pursuant to this Clause, then either Party will be entitled to commence litigation proceedings against the other Party or to refer the Dispute to URCA under Clause 5 of this Annex. 4.2 Notwithstanding anything to the contrary contained in this Clause 4, neither Party shall be precluded from obtaining interim relief from a court of competent jurisdiction pending the decision of an arbitrator or mediator appointed pursuant to this Clause. In the event of a reference to the arbitration panel or to a mediator, both Parties shall compile a detailed dispute report which shall include origin, nature, extent, issues and any proposals for resolution and make their respective reports available to the arbitrators and each other within fourteen (14) Working Days of the referral. 4.3 The Arbitration Panel shall consist of two (2) members, both of whom shall be appointed in accordance with the provisions of the Arbitration Act Chapter 180. The Arbitration Panel shall, in accordance with the Arbitration Act, decide upon and give directives as to all matters of procedure to be followed by the Parties in resolving the Dispute and who shall bear the costs of the Arbitration. The decision of the Arbitrator shall be final and binding and may be made an order of court. 4.4 As an alternative to Arbitration, both parties may agree to appoint a Mediator whose task will be to broker an agreement between the parties. The Mediator will be chosen as set out in Clauses 4.2 – 4.3, and the Parties will be bound by any agreement made by the Parties resulting from the Mediation. The Parties may request URCA to act as the Mediator. 4.5 The Parties agree to keep the Arbitration or Mediation, including the subject matter of the Arbitration or Mediation and the evidence heard during the Arbitration or Mediation, confidential and not to disclose the Arbitration or Mediation, its subject matter and the evidence heard to anyone except in the event that the decision is made by an order of court or of URCA, in which case the Arbitration or Mediation, its subject matter and the evidence heard may be revealed to the relevant court or to URCA.

Independent arbitration and mediation. 4.1 F.4.1 Should the Chief Executives of the Parties fail to reach unanimous agreement in the determination of any Dispute dispute referred to them within fourteen (14) Working Days of such referralas in Clause F.3, the Parties undertake to meet promptly and consider whether or not the Dispute dispute should be referred to Arbitration arbitration, mediation, to URCA or Mediationthe UAT. If the Parties agree in writing that the Dispute dispute should be referred to Arbitration arbitration or Mediationmediation, such dispute will be determined by Arbitration arbitration or Mediation mediation in accordance with the remaining provisions of this clauseClause F.4, and either Party may then file a request for Arbitration arbitration or Mediation. If the Parties fail to reach an agreement in writing to refer the Dispute to Arbitration or Mediation mediation. F.4.2 If, within a period of two (2) Working Days of meeting pursuant to this ClauseClause F.4.1, then the Parties fail to reach agreement in writing to refer the dispute to arbitration or mediation, or if the Chief Executives fail to arrange a meeting within two (2) Working Days of an escalation of the dispute under Clause F.3.1, or if the Parties so agree, either Party will be entitled to commence litigation proceedings against the other Party or to refer the Dispute dispute to URCA or to the UAT under Clause 5 of this AnnexF.5. 4.2 F.4.3 Notwithstanding anything to the contrary contained in this Clause 4F.4, neither Party shall be precluded from obtaining interim relief from a court of competent jurisdiction (including URCA or the UAT) pending the decision of an arbitrator Arbitrator or mediator Mediator appointed pursuant to this ClauseClause F.4. In the event of a reference to the arbitration panel or to a mediatorMediator, both Parties shall compile a detailed dispute report which shall include origin, nature, extent, issues and any proposals for resolution and make their respective reports available to the arbitrators Arbitrators or Mediator and each other within fourteen ten (1410) Working Days of the referral. 4.3 F.4.4 The Arbitration Panel arbitration panel shall consist of two (2) members, both of whom shall be appointed in accordance with the provisions of the Arbitration Act Act, Chapter 180. The Arbitration Panel arbitration panel shall, in accordance with the Arbitration Act, decide upon and give directives as to all matters of procedure to be followed by the Parties in resolving the Dispute dispute and who shall bear the costs of the Arbitrationarbitration. The decision of the Arbitrator Arbitrators shall be final and binding and may be made an order of court. 4.4 As an alternative to Arbitration, both parties may agree to appoint a Mediator whose task will be to broker an agreement between the parties. The Mediator will be chosen as set out in Clauses 4.2 – 4.3, and the Parties will be bound by any agreement made by the Parties resulting from the Mediation. The Parties may request URCA to act as the Mediator. 4.5 The Parties agree to keep the Arbitration or Mediation, including the subject matter of the Arbitration or Mediation and the evidence heard during the Arbitration or Mediation, confidential and not to disclose the Arbitration or Mediation, its subject matter and the evidence heard to anyone except in the event that the decision is made by an order of court or of URCA, in which case the Arbitration or Mediation, its subject matter and the evidence heard may be revealed to the relevant court or to URCA.

Independent arbitration and mediation. 4.1 E.4.1 Should the Chief Executives of the Parties fail to reach unanimous agreement in the determination of any Dispute dispute referred to them as in Clause E.4 within fourteen (14) Working Days of such referral, the Parties undertake to meet promptly and consider whether or not the Dispute dispute should be referred to Arbitration arbitration or Mediationmediation. If the Parties agree in writing that the Dispute dispute should be referred to Arbitration arbitration or Mediationmediation, such dispute will be determined by Arbitration arbitration or Mediation mediation in accordance with the remaining provisions of this clause, and either Party may then file a request for Arbitration arbitration or Mediationmediation. If the Parties fail to reach an agreement in writing to refer the Dispute dispute to Arbitration arbitration or Mediation mediation within a period of two (2) Working Days of meeting pursuant to this Clause, then either Party will be entitled to commence litigation proceedings against the other Party or to refer the Dispute dispute to URCA under Clause 5 of this AnnexXxxxxx E.5. 4.2 E.4.2 Notwithstanding anything to the contrary contained in this Clause 4E.4, neither Party shall be precluded from obtaining interim relief from a court of competent jurisdiction pending the decision of an arbitrator or mediator appointed pursuant to this Clause. In the event of a reference to the arbitration panel or to a mediator, both Parties shall compile a detailed dispute report which shall include origin, nature, extent, issues and any proposals for resolution and make their respective reports available to the arbitrators and each other within fourteen (14) Working Days of the referral. 4.3 E.4.3 The Arbitration Panel arbitration panel shall consist of two (2) members, both of whom shall be appointed in accordance with the provisions of the Arbitration Act Chapter 180. The Arbitration Panel arbitration panel shall, in accordance with the Arbitration Act, decide upon and give directives as to all matters of procedure to be followed by the Parties in resolving the Dispute dispute and who shall bear the costs of the Arbitrationarbitration. The decision of the Arbitrator arbitrator shall be final and binding and may be made an order of court. 4.4 As an alternative to Arbitration, both parties may agree to appoint a Mediator whose task will be to broker an agreement between the parties. The Mediator will be chosen as set out in Clauses 4.2 – 4.3, and the Parties will be bound by any agreement made by the Parties resulting from the Mediation. The Parties may request URCA to act as the Mediator. 4.5 The Parties agree to keep the Arbitration or Mediation, including the subject matter of the Arbitration or Mediation and the evidence heard during the Arbitration or Mediation, confidential and not to disclose the Arbitration or Mediation, its subject matter and the evidence heard to anyone except in the event that the decision is made by an order of court or of URCA, in which case the Arbitration or Mediation, its subject matter and the evidence heard may be revealed to the relevant court or to URCA.

Independent arbitration and mediation. 4.1 Should the Executives of the Parties fail to reach unanimous agreement in the determination of any Dispute dispute referred to them within fourteen (14) Working Days of such referral, the Parties undertake to meet promptly and consider whether or not the Dispute dispute should be referred to Arbitration arbitration or Mediationmediation. If the Parties agree in writing that the Dispute dispute should be referred to Arbitration arbitration or Mediationmediation, such dispute will be determined by Arbitration arbitration or Mediation mediation in accordance with the remaining provisions of this clause, and either Party may then file a request for Arbitration arbitration or Mediationmediation. If the Parties fail to reach an agreement in writing to refer the Dispute dispute to Arbitration arbitration or Mediation mediation within a period of two (2) Working Days of meeting pursuant to this Clause, then either Party will be entitled to commence litigation proceedings against the other Party or to refer the Dispute dispute to URCA under Clause Xxxxxx 5 of this Annex. 4.2 Notwithstanding anything to the contrary contained in this Clause 4, neither Party shall be precluded from obtaining interim relief from a court of competent jurisdiction pending the decision of an arbitrator or mediator appointed pursuant to this Clause. In the event of a reference to the arbitration panel or to a mediator, both Parties shall compile a detailed dispute report which shall include origin, nature, extent, issues and any proposals for resolution and make their respective reports available to the arbitrators and each other within fourteen (14) Working Days of the referral. 4.3 The Arbitration Panel arbitration panel shall consist of two (2) members, both of whom shall be appointed in accordance with the provisions of the Arbitration Act Chapter 180. The Arbitration Panel arbitration panel shall, in accordance with the Arbitration Act, decide upon and give directives as to all matters of procedure to be followed by the Parties in resolving the Dispute dispute and who shall bear the costs of the Arbitrationarbitration. The decision of the Arbitrator arbitrator shall be final and binding and may be made an order of court. 4.4 As an alternative to Arbitrationarbitration, both parties may agree to appoint a Mediator whose task will be to broker an agreement between the parties. The Mediator will be chosen as set out in Clauses 4.2 – 4.34.1 - 2, and the Parties will be bound by any agreement made by the Parties resulting from the Mediationmediation. The Parties may request URCA to act as the Mediator. 4.5 The Parties agree to keep the Arbitration arbitration or Mediationmediation, including the subject matter of the Arbitration arbitration or Mediation mediation and the evidence heard during the Arbitration arbitration or Mediationmediation, confidential and not to disclose the Arbitration arbitration or Mediationmediation, its subject matter and the evidence heard to anyone except in the event that the decision is made by an order of court or of URCA, in which case the Arbitration arbitration or Mediationmediation, its subject matter and the evidence heard may be revealed to the relevant court or to URCA.