Common use of PREVENTION AND RESOLUTION OF DISPUTES Clause in Contracts

PREVENTION AND RESOLUTION OF DISPUTES. 26.1 Any dispute as to the terms and conditions of This Agreement and/or as to the subject matter hereof shall be resolved or determined in accordance with the provisions of this Clause. 26.1.1 Any such dispute shall in the first instance be referred to a Facilitator before it may be referred to Arbitration hereunder. 26.2 The facilitator shall be the person named as such in the On-Farm agreement or any third party agreed by the Partners. The Facilitator shall have the power to nominate at his/her discretion, having consulted with the Partners, another person with particularly relevant skills to act in their stead as Facilitator. The Facilitator shall also have the power to consult such a person while acting as Facilitator. 26.3 The opinion or recommendation of the facilitator shall not be legally binding. 26.4 Any dispute, which is not resolved by referring it by agreement to a Facilitator under clause 26 hereof, shall be referred in the first instance to conciliation in accordance with the provisions specified in the Eighth Schedule hereto before being referred to arbitration. 26.5 All disputes, which arise between the parties, and which have not been resolved by the intervention of the facilitator or under Clause 26.4 hereof, may be referred by either of the Partners or both to a single Arbitrator who shall have all the powers provided for an Arbitrator in the Arbitration Acts 1954 to 2010. 26.6 If the parties fail to agree on the choice of the Arbitrator, then the arbitrator shall be nominated by the President for the time being of the Law Society. 26.7 The Arbitrator shall have full power to dissolve the Partnership should he think fit. 26.8 Any decisions made by the Arbitrator shall be final and binding on all parties.

Appears in 6 contracts

Samples: Farm Partnership Agreement, Farm Partnership Agreement, Farm Partnership Agreement

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PREVENTION AND RESOLUTION OF DISPUTES. 26.1 12.1 Any dispute as to the terms and conditions of This this Agreement and/or as to the subject matter hereof shall be resolved or determined in accordance with the provisions of this ClauseCondition. 26.1.1 12.2 Any such dispute shall in the first instance be referred to a Facilitator before it may be referred to Arbitration hereunder. 26.2 12.3 The facilitator Facilitator shall be the person named as such in Clause 1.6 of the On-Farm agreement First Schedule to this Agreement or any third party agreed by the PartnersParties in writing. The Facilitator shall have the power to nominate at his/her discretion, having consulted with the PartnersParties, another person with particularly relevant skills to act in their stead place as Facilitator. The Facilitator shall also have the power to consult such a person while acting as Facilitator. 26.3 12.4 The opinion or recommendation of the facilitator Facilitator shall not be legally bindingbinding unless adopted by all parties and reduced to writing and recorded and signed as having being agreed between them. 26.4 12.5 Any dispute, which is not resolved by referring it by agreement to a the Facilitator under clause 26 hereofas provided in this Agreement, shall then be referred in the first instance to conciliation in accordance with the provisions specified in the Eighth Schedule hereto this Agreement before being referred to arbitration. 26.5 12.6 All disputes, which arise between the parties, and which have not been resolved by the intervention of the facilitator under Condition 12.2 hereof, or under Clause 26.4 hereofby the conciliation process set out below, may be referred by either of the Partners or both to a single Arbitrator who shall have all the powers provided for an Arbitrator in the Arbitration Acts 1954 to 2010. 26.6 12.7 If the parties fail to agree on the choice of the Arbitrator, then the arbitrator shall be nominated by the President for the time being of the Law Society. 26.7 The Arbitrator shall have full power Society on the application of any of the parties in writing on notice to dissolve the Partnership should he think fit. 26.8 Any decisions made by the Arbitrator shall be final and binding on all other parties.

Appears in 1 contract

Samples: Machinery Sharing Agreement

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PREVENTION AND RESOLUTION OF DISPUTES. 26.1 Any dispute as to the terms and conditions of This Agreement and/or as to the subject matter hereof shall be resolved or determined in accordance with the provisions of this Clause. 26.1.1 Any such dispute shall in the first instance be referred to a Facilitator before it may be referred to Arbitration hereunder. 26.2 The facilitator shall be the person named as such in the On-Farm agreement or any third party agreed by the Partners. The Facilitator shall have the power to nominate at his/her discretion, having consulted with the Partners, Partners another person with particularly relevant skills to act in their stead as Facilitator. The Facilitator shall also have the power to consult such a person while acting as Facilitator. 26.3 The opinion or recommendation of the facilitator shall not be legally binding. 26.4 Any dispute, which is not resolved by referring it by agreement to a Facilitator under clause 26 hereof, shall be referred in the first instance to conciliation in accordance with the provisions specified in the Eighth Schedule hereto before being referred to arbitration. 26.5 All disputes, which arise between the parties, and which have not been resolved by the intervention of the facilitator or under Clause 26.4 26.1.1 hereof, may be referred by either of the Partners or both to a single Arbitrator who shall have all the powers provided for an Arbitrator in the Arbitration Acts 1954 to 2010.and 1980 26.6 If the parties fail to agree on the choice of the Arbitrator, then the arbitrator shall be nominated by the President for the time being of the Law Society. 26.7 The Arbitrator shall have full power to dissolve the Partnership should he think fit. 26.8 Any decisions made by the Arbitrator shall be final and binding on all parties.

Appears in 1 contract

Samples: Farm Partnership Agreement

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