RESOLUTION OF DISPUTE UNDER CLAUSE 3 BY ARBITRATION. (1) Where any dispute is required to be determined by arbitration in accordance with clause 3, the following provisions will apply. (2) The dispute will be determined by arbitration conducted in accordance with the Commercial Arbitration Xxx 0000. (3) The arbitrator will be one or more arbitrators agreed between the Water Authority and the Joint Venturers within 10 Business Days of the requirement for a dispute to be determined by arbitration, and failing agreement, will be determined by one arbitrator who is a civil engineer appointed by the President of the Institution of Engineers Australia (WA Division) on the application of either the Water Authority or the Joint Venturers. (4) The decision of the arbitrator will be final and binding on the Joint Venturers and the Water Authority. (5) The Water Authority and the Joint Venturers will be entitled to be represented by a qualified legal practitioner in any arbitration proceedings conducted in accordance with this clause. (6) The Joint Venturers and the Water Authority will each bear their own legal costs and expenses relating to the arbitration. (7) Both the Water Authority and the Joint Venturers will each share one‑half of the costs of the arbitrator and other costs relating to the arbitration.
Appears in 10 contracts
Samples: Morley Shopping Centre Redevelopment Agreement, Morley Shopping Centre Redevelopment Agreement Act 1992, Morley Shopping Centre Redevelopment Agreement Act 1992
RESOLUTION OF DISPUTE UNDER CLAUSE 3 BY ARBITRATION. (1) Where any dispute is required to be determined by arbitration in accordance with clause 3, the following provisions will apply.
(2) The dispute will be determined by arbitration conducted in accordance with the Commercial Arbitration Xxx 0000.
(3) The arbitrator will be one or more arbitrators agreed between the Water Authority and the Joint Venturers within 10 Business Days of the requirement for a dispute to be determined by arbitration, and failing agreement, will be determined by one arbitrator who is a civil engineer appointed by the President of the Institution of Engineers Australia (WA Division) on the application of either the Water Authority or the Joint Venturers.
(4) The decision of the arbitrator will be final and binding on the Joint Venturers and the Water Authority.
(5) The Water Authority and the Joint Venturers will be entitled to be represented by a qualified legal practitioner in any arbitration proceedings conducted in accordance with this clause.
(6) The Joint Venturers and the Water Authority will each bear their own legal costs and expenses relating to the arbitration.
(7) Both the Water Authority and the Joint Venturers will each share one‑half one-half of the costs of the arbitrator and other costs relating to the arbitration.
Appears in 5 contracts
Samples: Morley Shopping Centre Redevelopment Agreement, Morley Shopping Centre Redevelopment Agreement, Morley Shopping Centre Redevelopment Agreement
RESOLUTION OF DISPUTE UNDER CLAUSE 3 BY ARBITRATION. (1) Where any dispute is required to be determined by arbitration in accordance with clause 3, the following provisions will apply.
(2) The dispute will be determined by arbitration conducted in accordance with the Commercial Arbitration Xxx 0000Act 1985.
(3) The arbitrator will be one or more arbitrators agreed between the Water Authority and the Joint Venturers within 10 Business Days of the requirement for a dispute to be determined by arbitration, and failing agreement, will be determined by one arbitrator who is a civil engineer appointed by the President of the Institution of Engineers Australia (WA Division) on the application of either the Water Authority or the Joint Venturers.
(4) The decision of the arbitrator will be final and binding on the Joint Venturers and the Water Authority.
(5) The Water Authority and the Joint Venturers will be entitled to be represented by a qualified legal practitioner in any arbitration proceedings conducted in accordance with this clause.
(6) The Joint Venturers and the Water Authority will each bear their own legal costs and expenses relating to the arbitration.
(7) Both the Water Authority and the Joint Venturers will each share one‑half one-half of the costs of the arbitrator and other costs relating to the arbitration.
Appears in 4 contracts
Samples: Morley Shopping Centre Redevelopment Agreement, Morley Shopping Centre Redevelopment Agreement, Morley Shopping Centre Redevelopment Agreement
RESOLUTION OF DISPUTE UNDER CLAUSE 3 BY ARBITRATION. (1) Where any dispute is required to be determined by arbitration in accordance with clause 3, the following provisions will apply.
(2) The dispute will be determined by arbitration conducted in accordance with the Commercial Arbitration Xxx 0000Act 1985.
(3) The arbitrator will be one or more arbitrators agreed between the Water Authority and the Joint Venturers within 10 Business Days of the requirement for a dispute to be determined by arbitration, and failing agreement, will be determined by one arbitrator who is a civil engineer appointed by the President of the Institution of Engineers Australia (WA Division) on the application of either the Water Authority or the Joint Venturers.
(4) The decision of the arbitrator will be final and binding on the Joint Venturers and the Water Authority.
(5) The Water Authority and the Joint Venturers will be entitled to be represented by a qualified legal practitioner in any arbitration proceedings conducted in accordance with this clause.
(6) The Joint Venturers and the Water Authority will each bear their own legal costs and expenses relating to the arbitration.
(7) Both the Water Authority and the Joint Venturers will each share one‑half of the costs of the arbitrator and other costs relating to the arbitration.
Appears in 2 contracts
Samples: Morley Shopping Centre Redevelopment Agreement, Morley Shopping Centre Redevelopment Agreement