Procedure for dispute resolution. 16.1.1. The parties agree that a dispute arising under this Agreement will be dealt with as follows, and that, subject to clause 16.4, neither party will commence legal proceedings in relation to that dispute until this procedure is completed:
a. the party claiming that there is a dispute will give the other party a notice setting out the nature of the dispute;
b. within five (5) Business Days (or such other period as agreed by the parties in writing) each party will nominate a representative not having any prior involvement in the dispute;
c. the representatives will try to settle the dispute by direct negotiation between them;
d. failing settlement within a further 10 Business Days or such other period as agreed by the parties in writing (or failure of one or both parties to nominate a representative within the period set out in clause 16.1.1.b), the parties may agree to refer the dispute to an independent third person with power:
i. to intervene and direct some form of resolution, in which case the parties will be bound by that resolution; or
ii. to mediate and recommend some form of non-binding resolution;
e. the parties will co-operate fully with any process instigated under clause
16.1.1. d in order to achieve a speedy resolution; and
f. if the parties have been unable to agree to refer the dispute to an independent third person, or they have agreed and a resolution is not reached within a further 20 Business Days (or such other period as the parties) may agree in writing), either party may commence legal proceedings.
Procedure for dispute resolution. 10.1.1. The parties agree that a dispute arising under this contract will be dealt with as follows:
a. the party claiming that there is a dispute will give the other party a notice setting out the nature of the dispute
b. within 5 Business Days each party will nominate a representative not having any prior involvement in the dispute c. the representatives will try to settle the dispute by direct negotiation between them d. failing settlement within a further 10 Business Days, the parties may agree to refer the dispute to an independent third person with power:
i. to intervene and direct some form of resolution, in which case the parties will be bound by that resolution or ii. to mediate and recommend some form of non-binding resolution
Procedure for dispute resolution. Initial Steps
Procedure for dispute resolution. The parties agree to resolve any dispute arising from the interpretation or performance of the present agreement by common consent. In case that the dispute could not be solved that way, it will be resolved by arbitration of a technical commission formed by three members. Each party will designate a member of the arbitration commission and the third member will be agreed by both parties.
Procedure for dispute resolution. The parties to this Agreement will undertake to use their best endeavours to resolve any dispute arising, in the first instance, by mutual consultation. Exceptionally, if the matter still cannot be resolved, the parties will engage a third party agreeable to both sides to arbitrate, the resultant decision being binding on both parties.
Procedure for dispute resolution. 11.2.1. Subject to paragraph 7 of Schedule 2, the parties agree that a dispute arising under this Contract must be dealt with as follows:
a. the party claiming that there is a dispute agrees to give the other party a notice setting out the nature of the dispute;
Procedure for dispute resolution. The parties agree that a dispute arising under this Agreement will be dealt with as follows, and that, subject to clause 16.4, neither party will commence legal proceedings in relation to that dispute until this procedure is completed: the party claiming that there is a dispute will give the other party a notice setting out the nature of the dispute; within five (5) Business Days (or such other period as agreed by the parties in writing) each party will nominate a representative not having any prior involvement in the dispute; the representatives will try to settle the dispute by direct negotiation between them; failing settlement within a further 10 Business Days or such other period as agreed by the parties in writing (or failure of one or both parties to nominate a representative within the period set out in clause 16.1.1.b), the parties may agree to refer the dispute to an independent third person with power: to intervene and direct some form of resolution, in which case the parties will be bound by that resolution; or to mediate and recommend some form of non-binding resolution; the parties will co-operate fully with any process instigated under clause 16.1.1.d in order to achieve a speedy resolution; and if the parties have been unable to agree to refer the dispute to an independent third person, or they have agreed and a resolution is not reached within a further 20 Business Days (or such other period as the parties) may agree in writing), either party may commence legal proceedings. Each party will bear its own costs of complying with this clause 16 Dispute resolution, and the parties will bear equally the cost of any third person engaged under clause 16.1.1.d.
Procedure for dispute resolution. 10.3.1 Except for the circumstances set out in clause 10.3.2, a Party must not commence any legal proceedings in respect of any dispute arising under this Agreement until the following procedure has been followed:
a. the Party claiming that there is a dispute will send the other Party a notice setting out the nature of the dispute;
b. the Parties will try to resolve the dispute through direct negotiation, including by referring the matter to persons who have authority to intervene and direct some form of resolution;
c. if:
i. there is no resolution of the dispute within 30 days (or such other period as agreed in writing by the Parties) from the date of receipt of the notice referred to in clause 10.3.1.a;
ii. there is no agreement on submission of the dispute to mediation or some alternative dispute resolution procedure within 30 days (or such other period as agreed in writing by the Parties) from the date of receipt of the notice referred to in clause 10.3.1.a; or
iii. the Parties agree, within 30 days (or such other period as agreed in writing by the Parties) from the date of receipt of the notice referred to in clause 10.3.1.a, to submit to mediation or some other form of alternative dispute resolution procedure, but there is no resolution within 30 days of that submission, or such extended time as the Parties may agree in writing before the expiration of the 30 days, then, either Party may commence legal proceedings.
10.3.2 Clause 10.3.1 does not apply to the following circumstances:
a. either Party commences legal proceedings for urgent interlocutory relief;
b. action is taken by the Department under, or purportedly under clauses
Procedure for dispute resolution. Except as otherwise provided in Section 6.2, any controversy or dispute between the Parties, or any one or more of them, or between a Party and the Contractor arising under this Agreement and any request for Committee review of an issue or dispute that is specifically authorized under any provision of this Agreement or document adopted pursuant to this Agreement shall be heard and resolved by the Committee as follows:
(a) A Party seeking Committee review shall send a written Notice of Request for Committee Review to the Committee and to each Party involved in the issue, controversy or dispute (a "Participating Party"). Unless a shorter period of time is specified elsewhere in this Agreement or in any document adopted pursuant to this Agreement, such notice must be received by the Committee within ninety (90) days after the occurrence of the event(s) giving rise to the issue, controversy or dispute in question.
(b) The Notice of Request for Committee Review shall set forth in reasonable detail (i) the reason(s) for the request, (ii) the identity of each Participating Party, and (iii) any demand for a formal hearing before the Committee.
(c) Within fifteen (15) days after the Notice of Request for Committee Review is sent, each Participating Party (including the Party who initiated the review process) shall set forth in writing a statement of its position and submit such statement to the Committee and to each of the other Participating Parties, if any.
(d) Within fifteen (15) days after receipt of a Participating Party's statement of position, any other Participating Party may submit to the Committee and to each other Participating Party a written response to that statement.
(e) If demanded by the requesting Party in its Notice of Request for Committee Review, demanded by any other Participating Party in its position statement, or on the Committee's own initiative, a hearing will be held within thirty (30) days after the end of the fifteen (15) day response period set forth in section (d) above. In that event, the Committee shall send a Notice of Hearing to each Participating Party at least fifteen (15) days prior to the date of the scheduled hearing.
(f) At the hearing before the Committee, if any, each Participating Party shall be entitled to (i) present all relevant evidence, (ii) question any witness called by the Committee or any other Participating Party, (iii) give an oral statement of its position, and (iv) require the attendance of the Contractor or...
Procedure for dispute resolution.
16.1.1. The parties agree that a dispute arising under this Agreement will be dealt with as follows:
a. the party claiming that there is a dispute will give the other party a notice setting out the nature of the dispute;
b. within five Business Days each party will nominate a representative not having any prior involvement in the dispute;
c. the representatives will try to settle the dispute by direct negotiation between them;
d. failing settlement within a further 10 Business Days, the parties may agree to refer the dispute to an independent third person with power:
i. to intervene and direct some form of resolution, in which case the parties will be bound by that resolution; or
ii. to mediate and recommend some form of non-binding resolution;
e. the parties will cooperate fully with any process instigated under clause 16.1.1.d in order to achieve a speedy resolution; and
f. if a resolution is not reached within a further 20 Business Days, either party may commence legal proceedings.
