Performance Orders. Power to order provisional relief For the purposes of section 39 of the Arbitration Xxx 0000, should any Relevant Dispute be allocated in accordance with the CVL ADRR to arbitration under Chapter F of the CVL ADRR, the arbitrator shall have power to order on a provisional basis any relief which he would have power to grant in a final award including Performance Orders. Performance Orders A Performance Order: is an order made under Clause 13.3.3(b), relating to a Relevant Dispute, whether by way of interim or final relief; and may be applied for by the CVL IM or the Train Operator in the circumstances set out in Clause 8.1, subject to the qualifications in Clause 17.8, and an application for a Performance Order shall be without prejudice to any other remedy available to the claimant under this contract (whether final or interim and whether by way of appeal under the CVL Network Code or otherwise). Duties of arbitrator in relation to Performance Orders Without prejudice to any additional remedies that may be ordered by the arbitrator under Clause 13.4, where a dispute is allocated in accordance with the CVL ADRR to arbitration and a party has applied for a Performance Order, the parties shall agree in a Procedure Agreement, as defined in the CVL ADRR, that: the arbitrator shall decide as soon as possible whether the application is well founded or not; and if the arbitrator decides that the application is well founded, he shall be required to make an interim or final declaration to that effect and, in that event, the arbitrator may also make any interim or final order directing any party to do or to refrain from doing anything arising from such declaration which he considers just and reasonable in all the circumstances.
Appears in 2 contracts
Samples: Track Access Agreement, Track Access Agreement
Performance Orders. Power to order provisional relief For the purposes of section 39 of the Arbitration Xxx 0000, should any Relevant Dispute be allocated in accordance with the CVL ADRR to arbitration under Chapter F of the CVL ADRR, the arbitrator shall have power to order on a provisional basis any relief which he would have power to grant in a final award including Performance Orders. Performance Orders A Performance Order: is an order made under Clause clause 13.3.3(b), relating to a Relevant Dispute, whether by way of interim or final relief; and may be applied for by the CVL IM or the Train Operator in the circumstances set out in Clause clause 8.1, subject to the qualifications in Clause clause 17.8, and an application for a Performance Order shall be without prejudice to any other remedy available to the claimant under this contract (whether final or interim and whether by way of appeal under the CVL Network Code or otherwise). Duties of arbitrator in relation to Performance Orders Without prejudice to any additional remedies that may be ordered by the arbitrator under Clause clause 13.4, where a dispute is allocated in accordance with the CVL ADRR to arbitration and a party has applied for a Performance Order, the parties shall agree in a Procedure Agreement, as defined in the CVL ADRR, that: the arbitrator shall decide as soon as possible whether the application is well founded or not; and if the arbitrator decides that the application is well founded, he shall be required to make an interim or final declaration to that effect and, in that event, the arbitrator may also make any interim or final order directing any party to do or to refrain from doing anything arising from such declaration which he considers just and reasonable in all the circumstances.
Appears in 1 contract
Samples: tfwrail.wales
Performance Orders. Power to order provisional relief For the purposes of section 39 of the Arbitration Xxx 0000, should any Relevant Dispute be allocated in accordance with the CVL ADRR to arbitration under Chapter F of the CVL ADRR, the arbitrator shall have power to order on a provisional basis any relief which he would have power to grant in a final award including Performance Orders. Performance Orders A Performance Order: is an order made under Clause 13.3.3(b), relating to a Relevant Dispute, whether by way of interim or final relief; and may be applied for by the CVL IM or the Train Operator in the circumstances set out in Clause 8.1Clauses 8.1 and 9, subject to the qualifications in Clause 17.8, and an application for a Performance Order shall be without prejudice to any other remedy available to the claimant under this contract (whether final or interim and whether by way of appeal under the CVL Network Code or otherwise). Duties of arbitrator in relation to Performance Orders Without prejudice to any additional remedies that may be ordered by the arbitrator under Clause 13.4, where a dispute is allocated in accordance with the CVL ADRR to arbitration and a party has applied for a Performance Order, the parties shall agree in a Procedure Agreement, as defined in the CVL ADRR, that: the arbitrator shall decide as soon as possible whether the application is well founded or not; and if the arbitrator decides that the application is well founded, he shall be required to make an interim or final declaration to that effect and, in that event, the arbitrator may also make any interim or final order directing any party to do or to refrain from doing anything arising from such declaration which he considers just and reasonable in all the circumstances.
Appears in 1 contract
Samples: tfwrail.wales
Performance Orders. Power to order provisional relief For the purposes of section 39 of the Arbitration Xxx 0000Act 1996, should any Relevant Dispute be allocated in accordance with the CVL ADRR to arbitration under Chapter F of the CVL ADRR, the arbitrator shall have power to order on a provisional basis any relief which he would have power to grant in a final award including Performance Orders. Performance Orders A Performance Order: is an order made under Clause clause 13.3.3(b), relating to a Relevant Dispute, whether by way of interim or final relief; and may be applied for by the CVL IM or the Train Operator in the circumstances set out in Clause clause 8.1, subject to the qualifications in Clause clause 17.8, and an application for a Performance Order shall be without prejudice to any other remedy available to the claimant under this contract (whether final or interim and whether by way of appeal under the CVL Network Code or otherwise). Duties of arbitrator in relation to Performance Orders Without prejudice to any additional remedies that may be ordered by the arbitrator under Clause clause 13.4, where a dispute is allocated in accordance with the CVL ADRR to arbitration and a party has applied for a Performance Order, the parties shall agree in a Procedure Agreement, as defined in the CVL ADRR, that: the arbitrator shall decide as soon as possible whether the application is well founded or not; and if the arbitrator decides that the application is well founded, he shall be required to make an interim or final declaration to that effect and, in that event, the arbitrator may also make any interim or final order directing any party to do or to refrain from doing anything arising from such declaration which he considers just and reasonable in all the circumstances.
Appears in 1 contract
Samples: tfwrail.wales
Performance Orders. Power to order provisional relief For the purposes of section 39 of the Arbitration Xxx Acx 0000, should any Relevant Dispute be allocated in accordance with the CVL ADRR to arbitration under Chapter F of the CVL ADRR, the arbitrator shall have power to order on a provisional basis any relief which he would have power to grant in a final award including Performance Orders. Performance Orders A Performance Order: is an order made under Clause 13.3.3(b), relating to a Relevant Dispute, whether by way of interim or final relief; and may be applied for by the CVL IM or the Train Operator in the circumstances set out in Clause 8.1Clauses 8.1 and 9, subject to the qualifications in Clause 17.8, and an application for a Performance Order shall be without prejudice to any other remedy available to the claimant under this contract (whether final or interim and whether by way of appeal under the CVL Network Code or otherwise). Duties of arbitrator in relation to Performance Orders Without prejudice to any additional remedies that may be ordered by the arbitrator under Clause 13.4, where a dispute is allocated in accordance with the CVL ADRR to arbitration and a party has applied for a Performance Order, the parties shall agree in a Procedure Agreement, as defined in the CVL ADRR, that: the arbitrator shall decide as soon as possible whether the application is well founded or not; and if the arbitrator decides that the application is well founded, he shall be required to make an interim or final declaration to that effect and, in that event, the arbitrator may also make any interim or final order directing any party to do or to refrain from doing anything arising from such declaration which he considers just and reasonable in all the circumstances.
Appears in 1 contract
Samples: tfwrail.wales
Performance Orders. Power to order provisional relief For the purposes of section 39 of the Arbitration Xxx 0000, should any Relevant Dispute be allocated in accordance with the CVL CCOS ADRR to arbitration under Chapter F of the CVL CCOS ADRR, the arbitrator shall have power to order on a provisional basis any relief which he would have power to grant in a final award including Performance Orders. Performance Orders A Performance Order: is an order made under Clause 13.3.3(b), relating to a Relevant Dispute, whether by way of interim or final relief; and may be applied for by the CVL IM RfL(I) or the Train Operator in the circumstances set out in Clause 8.1, subject to the qualifications in Clause 17.8, and an application for a Performance Order shall be without prejudice to any other remedy available to the claimant under this contract Contract (whether final or interim and whether by way of appeal under the CVL CCOS Network Code or otherwise). Duties of arbitrator in relation to Performance Orders Without prejudice to any additional remedies that may be ordered by the arbitrator under Clause 13.4, where a dispute is allocated in accordance with the CVL CCOS ADRR to arbitration and a party has applied for a Performance Order, the parties shall agree in a Procedure Agreement, as defined in the CVL CCOS ADRR, that: the arbitrator shall decide as soon as possible whether the application is well founded or not; and if the arbitrator decides that the application is well founded, he shall be required to make an interim or final declaration to that effect and, in that event, the arbitrator may also make any interim or final order directing any party to do or to refrain from doing anything arising from such declaration which he considers just and reasonable in all the circumstances.
Appears in 1 contract
Samples: content.tfl.gov.uk