NEGOTIATION, MEDIATION AND ARBITRATION. Any dispute with respect to this Agreement, with the exception of disputes arising under Section 5, shall first be submitted to good faith negotiation within 10 days of notice. If this fails to settle the dispute, then both parties agree to submit the dispute within thirty (30) days of notice to professional mediation under the Commercial Mediation Rules of the American Arbitration Association, with such costs to be borne equally by both parties. If mediation fails to produce resolution of the dispute, then the dispute shall be submitted to binding arbitration in the City of Phoenix, Arizona. In accordance with the rules of the American Arbitration Association as then in force, by a panel of three arbitrators. Executive and Company shall each select one member of the panel, and the third remaining member shall be selected through mutual agreement of the first two panel members. The panel shall decide all matters in accordance with applicable law and this Agreement. All costs in connection with any proceedings hereunder shall be borne equally by the parties, unless otherwise determined by the panel. The panel's award shall be final, conclusive, and binding on all parties, and shall be the exclusive remedy regarding any claims, counter-claims, issues, or accounting presented or pled to the panel. Judgment on the award may be entered in any court or other tribunal of competent jurisdiction. All costs and fees incidental to the enforcement of any award shall be charged, to the maximum permitted extent, against the party resisting enforcement. Notwithstanding the foregoing, this Section shall not limit the right of any party to seek to obtain in any court or other tribunal any interim relief or provisional remedy, including, without limitation, injunctive relief or attachment. Seeking or obtaining such interim relief or provisional remedy shall not constitute waiver of the right to arbitration hereunder.
NEGOTIATION, MEDIATION AND ARBITRATION. In accordance with the latest edition of the Rules for Mediation of Construction Disputes as provided in CCDC 40, the parties shall appoint a Project Mediator within thirty (30) days after the Contract was awarded. If the parties are unable to agree upon a Project Mediator within the prescribed time, then either party may request a judge of the Superior Court for the Province of Ontario to appoint the Project Mediator. The parties may at any time mutually agree in respect to a particular dispute not to proceed with either or both of the dispute resolution procedures set out in GC 8.2.4 and GC 8.2.5.
NEGOTIATION, MEDIATION AND ARBITRATION. In accordance with the rules for mediation as provided in CCDC 40 “Rules for Mediation and Arbitration of Construction Industry Disputes” in effect at the time of bid closing, the parties shall appoint a Project Mediator
NEGOTIATION, MEDIATION AND ARBITRATION. 11.1 If a dispute arises out of or relates to this Agreement or its breach (the “Matter”), the parties agree to resolve the Matter as follows:
(a) a party shall submit written notice of the Matter to the other party and request negotiation;
(b) the parties shall attempt in good faith to resolve any Matter arising out of or relating to this Agreement promptly by negotiation between representatives which the parties may appoint; and
(c) if the Matter has not been resolved within 30 days of a party’s request for negotiation, either party may request (the “Requesting Party”) that the Matter be submitted to a sole mediator selected by the Requesting party (the “Mediator Notice”). If the other party does not agree with the sole mediator selected by the Requesting party, the other party shall, within 10 days of receipt of the Mediator Notice, select a different mediator and so notify the Requesting party. The 2 mediators shall within 10 days thereafter select a third mediator who shall be the sole mediator for the mandatory one-day mediation. The sole mediator shall specify the date (which shall be within 30 days of his or her selection as the sole mediator) and the place where the mandatory one-day mediation shall take place.
11.2 If the Matter has not been resolved by such mediation, either party may submit the Matter for binding arbitration, to a sole arbitrator in accordance with the Rules of Conciliation and Arbitration of the Canadian Commerce Arbitration Centre as in effect on the date of commencement of such arbitration (the “CCAC Rules”).
11.3 If the parties fail to agree on the appointment of the sole arbitrator within 20 days after one party has served the other party, a written notice to concur in the appointment of the single arbitrator nominated by the serving party, the sole arbitrator shall be appointed in accordance with the CCAC Rules. The arbitrator shall render any final award within 20 days following the completion of evidence and arguments on the Matter.
11.4 The parties shall not be entitled to rely on or introduce as evidence before any arbitral proceedings whether or not such proceedings relate to the Matter that is the subject of the negotiations:
(a) views expressed or suggestions made by another party in respect of a possible settlement of the Matter;
(b) admissions or proposals made by another party in the course of negotiations; or
(c) the fact that the other Party had indicated his willingness to accept a proposal for settlement mad...
NEGOTIATION, MEDIATION AND ARBITRATION. In accordance with the latest edition of the Rules for Mediation of Construction Disputes as provided in CCDC 40, the parties shall appoint a Project Mediator within thirty (30) days after the Contract was awarded, or if the parties neglected to make an appointment within the thirty (30) day period, within fifteen (15) days after either party by notice in writing requests that the Project Mediator be appointed.
NEGOTIATION, MEDIATION AND ARBITRATION. 8.2.1 In accordance with the Rules for Mediation of Construction Disputes as provided in CCDC 40 in effect at the time of bid closing, the parties shall appoint a Project Mediator
NEGOTIATION, MEDIATION AND ARBITRATION. The parties will attempt in good faith to resolve any controversy or dispute arising out of or relating to this Agreement promptly by negotiations between or among the parties. If any party reaches the conclusion that the controversy or dispute cannot be resolved by unassisted negotiations, such party may notify the American Arbitration Association ("AAA"), 000 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 [telephone (000) 000-0000; fax (000) 000-0000], AAA will promptly designate a mediator who is independent and impartial, and AAA's decision about the identity of the mediator will be final and binding. The parties agree to conduct at least eight (8) consecutive hours of mediated negotiations in New York, N.Y., within thirty (30) days after the notice is sent. If the dispute is not resolved by negotiation or mediation within thirty (30) days after the first notice to AAA is sent, then, upon notice by any party to the other affected parties and to AAA, the controversy or dispute shall be submitted to a sole arbitrator who is independent and impartial, selected by AAA, for binding arbitration in New York, N.Y., in accordance with AAA's Commercial Arbitration Rules. The arbitration shall be governed by the United States Arbitration Act, 9 U.S.C. Section 1-16 (or by the same principles enunciated by such Act in the event it may not be technically applicable). The parties agree that they will faithfully observe this Agreement and will abide by and perform any award rendered by the arbitrator. The award or judgment of the arbitrator shall be final and binding on all parties. No litigation or other proceeding may be instituted in any court for the purpose of adjudicating, interpreting or enforcing any of the rights or obligations relating to the subject matter hereof, whether or not covered by the express terms of this Agreement, or for the purpose of adjudicating a breach or determination of the validity of this Agreement, or for the purpose of appealing any decision of an arbitrator, except a proceeding instituted for the sole purpose of having the award or judgment of an arbitrator entered and enforced or for the sole purpose of seeking a temporary restraining order or temporary or permanent injunction (provided, that any damages or costs issues shall not be decided by any court hearing such petition but shall be adjudicated in accordance with the mediation and arbitration procedures set forther herein), and except a proceeding instituted to obtain injunction re...
NEGOTIATION, MEDIATION AND ARBITRATION. Delete paragraphs 8.2.6, 8.2.7, and 8.2.8 in their entirety and substitute new subparagraph 8.2.6:
NEGOTIATION, MEDIATION AND ARBITRATION is deleted in its entirety and replaced as follows:
NEGOTIATION, MEDIATION AND ARBITRATION. For the purpose of this Article 42.1, “Dispute” shall mean any dispute, controversy or claim (of any and every kind or type, whether based on contract, tort, statute, regulation or otherwise) arising out of, relating to, or connected with this Contract or the operations carried out under this Contract, including any dispute as the construction, existence, validity, interpretation, enforceability, breach or termination of this Contract, which arises between the Parties (or between any one or more entities constituting the CONTRACTOR and the GOVERNMENT). In the event of a Dispute, the parties to the Dispute shall use their reasonable endeavours to negotiate promptly in good faith a mutually acceptable resolution of such Dispute. Subject to the provisions of Article 42.2, a Party who desires to submit a Dispute for resolution which has not been promptly resolved as aforesaid shall commence the dispute resolution process by providing the other parties to the Dispute written notice of the Dispute (“Notice of Dispute”). The Notice of Dispute shall identify the parties to the Dispute, shall contain a brief statement of the nature of the Dispute and the relief requested and shall request negotiations among Senior Representatives.
