LAW AND DISPUTE RESOLUTION. 18.1. The Agreement is made under and shall be construed by reference to English Law. 18.2. Should any dispute arise between the Parties, it shall first be referred to a Director of the Council and to the Directors of the BID and they shall use their best endeavours to resolve the issue by negotiation. 18.3. If they are unable to resolve the dispute within 28 days of the referral, then the Parties shall appoint a Mediator. If the Parties cannot agree on the identity of as Mediator, then they shall apply to the Centre for Effective Dispute Resolution (“CEDR”) to make such an appointment. 18.4. Within 14 days of the appointment of a Mediator, the Parties representatives shall meet together with the Mediator to agree a programme for the conduct of the mediation, including (but not limited to) a timetable, exchange of documents and the structure for meetings as well as the costs of the mediation. 18.5. All proceedings of the mediation shall be held in strict confidence and shall be Without Prejudice to any future proceedings that may become necessary. 18.6. Nothing in this mediation procedure shall prevent either Party from seeking from a Court of competent jurisdiction an interim order to the other Party either preventing or compelling the commission of some act. 18.7. If the Parties reach an agreed resolution of the dispute in the mediation, that agreement shall be reduced to writing, signed by representatives of both Parties and shall be binding on both Parties. 18.8. If the mediation fails to achieve an agreed resolution, then the Parties hereby irrevocably agree that the dispute shall be referred to the English Courts. 18.9. The performance of all services shall continue during the mediation process
Appears in 7 contracts
Samples: Operating Agreement, Operating Agreement, Operating Agreement
LAW AND DISPUTE RESOLUTION. 18.1. The Agreement is made under and shall be construed by reference to English Law.
18.2. Should any dispute arise between the Parties, it shall first be referred to a Director the Chief Executive of the Council and to the Directors of the BID each Party and they shall use their best endeavours to resolve the issue by negotiation.
18.3. If they are unable to resolve the dispute within 28 days of the referral, then the Parties shall appoint a Mediator. If the Parties cannot agree on the identity of as Mediator, then they shall apply to the Centre for Effective Dispute Resolution (“CEDR”) to make such an appointment.
18.4. Within 14 days of the appointment of a Mediator, the Parties representatives shall meet together with the Mediator to agree a programme for the conduct of the mediation, including (but not limited to) a timetable, exchange of documents and the structure for meetings as well as the costs of the mediation.
18.5. All proceedings of the mediation shall be held in strict confidence and shall be Without Prejudice to any future proceedings that may become necessary.
18.6. Nothing in this mediation procedure shall prevent either Party from seeking from a Court of competent jurisdiction an interim order to the other Party either preventing or compelling the commission of some act.
18.7. If the Parties reach an agreed resolution of the dispute in the mediation, that agreement shall be reduced to writing, signed by representatives of both Parties and shall be binding on both Parties.
18.8. If the mediation fails to achieve an agreed resolution, then the Parties hereby irrevocably agree that the dispute shall be referred to the English Courts.
18.9. The performance of all services shall continue during the mediation process
Appears in 1 contract
Samples: Operating Agreement