Multi-Party Disputes Clause Samples
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Multi-Party Disputes. The Parties acknowledge that they or their respective affiliates contemplate entering or have entered into various additional agreements with third parties that relate to the subject matter of this Agreement and that, as a consequence, Disputes may arise hereunder that involve such third parties (each a “Multi-Party Dispute”). Accordingly, the Parties agree, with the consent of such third parties, that any such Multi-Party Dispute, to the extent feasible, shall be resolved by and among all the interested parties consistent with the provisions of this Article IX.
Multi-Party Disputes. All Multi-Party Disputes shall be resolved in accordance with the procedure set out in this paragraph 5 (the "Multi-Party Dispute Resolution Procedure").
Multi-Party Disputes. All Multi-Party Disputes shall be resolved in accordance with the procedure set out in this Paragraph 9 (the “Multi-Party Dispute Resolution Procedure”). If at any time following the issue of a Dispute Notice, the Authority reasonably considers that the matters giving rise to the Dispute involve one or more Related Third Parties, then the Authority shall be entitled to determine that the Dispute is a Multi-Party Dispute and to serve a notice on the Supplier which sets out the Authority’s determination that the Dispute is a Multi-Party Dispute and specifies the Related Third Parties which are to be involved in the Multi-Party Dispute Resolution Procedure, such notice a “Multi-Party Procedure Initiation Notice”. If following the issue of a Dispute Notice but before the Dispute has been referred to Expert Determination or to arbitration in accordance with Paragraph 7, the Supplier has reasonable grounds to believe that the matters giving rise to the Dispute have been contributed to by one or more Related Third Parties, the Supplier may serve a Supplier Request on the Authority. The Authority shall (acting reasonably) consider each Supplier Request and shall determine within 5 Working Days whether the Dispute is: a Multi-Party Dispute, in which case the Authority shall serve a Multi-Party Procedure Initiation Notice on the Supplier; or not a Multi-Party Dispute, in which case the Authority shall serve written notice of such determination upon the Supplier and the Dispute shall be treated in accordance with Paragraphs 3 to 8. If the Authority has determined, following a Supplier Request, that a Dispute is not a Multi-Party Dispute, the Supplier may not serve another Supplier Request with reference to the same Dispute. Following service of a Multi-Party Procedure Initiation Notice a Multi-Party Dispute shall be dealt with by a board (in relation to such Multi-Party Dispute, the “Multi-Party Dispute Resolution Board”) comprising representatives from the following parties to the Multi-Party Dispute, each of whom shall be of a suitable level of seniority to finalise any agreement with the other parties to settle the Multi-Party Dispute: the Authority; the Supplier; each Related Third Party involved in the Multi-Party Dispute; and any other representatives of any of the Parties and/or any Related Third Parties whom the Authority considers necessary, (together “Multi-Party Dispute Representatives”). The Parties agree that the Multi-Party Dispute Resolution Board shal...
Multi-Party Disputes. In the event that a Dispute between the Participants arises out of or is related to a dispute between one of the Participants and a third party relating to the Business or the subject matter of the Agreement (“Related Party Dispute”) and there are common issues of law or fact so that there is a possibility of conflicting rulings if the Dispute and the Related Party Dispute are decided in more than one proceeding, the Participants agree as follows.
(a) At the request of any Participant, the Dispute and the Related Party Dispute(s) shall be consolidated and determined by a single arbitrator in a single arbitration proceeding pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be administered by the American Arbitration Association.
(b) Any Participant seeking consolidation shall give written notice of a request for consolidation to all parties sought to be consolidated (the “Parties”) within fifteen (15) days of the notice of arbitration.
(c) If the all Parties are not able to agree upon the selection of an arbitrator to hear the consolidated matter within thirty (30) days after the request for consolidation, the arbitrator shall be selected by the American Arbitration Association. The place of the arbitration shall be Salt Lake City, Utah, or another location mutually agreed upon by all Parties.
(d) The arbitrator shall render a written decision not more than six (6) months after appointment of the arbitrator. The arbitrator’s decision shall be final and binding on the Participants and the third party Parties and not subject to appeal or review.
(e) The provisions of this Section shall not apply unless the Related Party Dispute arises under a contract containing a multi-party dispute resolution clause similar in effect to this Section.
Multi-Party Disputes. All Multi-Party Disputes shall be resolved in accordance with the procedure set out in this Paragraph 10 (the "Multi-Party Dispute Resolution Procedure"). If at any time following the issue of a Dispute Notice, the Authority reasonably considers that the matters giving rise to the Dispute involve one or more Related Third Parties, then the Authority shall be entitled to determine that the Dispute is a Multi-Party Dispute and to serve a notice on the Supplier which sets out the Authority's determination that the Dispute is a Multi-
