Resolving Disputes. 33.1 If there is a dispute between the Parties, their senior representatives who have authority to settle the dispute will, within 28 days of a written request from the other Party, meet in good faith to resolve the dispute. 33.2 If the dispute is not resolved at that meeting, the Parties can attempt to settle it by mediation using the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure current at the time of the dispute. If the Parties cannot agree on a mediator, the mediator will be nominated by XXXX. If either Party does not wish to use, or continue to use mediation, or mediation does not resolve the dispute, the dispute must be resolved using clauses 33.3 to 33.5. 33.3 Unless the Buyer refers the dispute to arbitration using clause 33.4, the Parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction to: (a) determine the dispute; (b) grant interim remedies; (c) grant any other provisional or protective relief. 33.4 The Supplier agrees that the Buyer has the exclusive right to refer any dispute to be finally resolved by arbitration under the London Court of International Arbitration Rules current at the time of the dispute. There will be only one arbitrator. The seat or legal place of the arbitration will be London and the proceedings will be in English. 33.5 The Buyer has the right to refer a dispute to arbitration even if the Supplier has started or has attempted to start court proceedings under clause 33.3, unless the Buyer has agreed to the court proceedings or participated in them. Even if court proceedings have started, the Parties must do everything necessary to ensure that the court proceedings are stayed in favour of any arbitration proceedings if they are started under clause 33.4. 33.6 The Supplier cannot suspend the performance of the Contract during any dispute.
Appears in 2 contracts
Samples: Supply Agreement, Contract for Services
Resolving Disputes. 33.1 34.1 If there is a dispute between Dispute, the Parties, their senior representatives of the Parties who have authority to settle the dispute Dispute will, within 28 days of a written request from the other Party, meet in good faith to resolve the disputeDispute.
33.2 34.2 If the dispute Dispute is not resolved at that meeting, the Parties can attempt to settle it by mediation using the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure current at the time of the disputeDispute. If the Parties cannot agree on a mediator, the mediator will be nominated by XXXX. If either Party does not wish to use, or continue to use mediation, or mediation does not resolve the disputeDispute, the dispute Dispute must be resolved using clauses 33.3 Clauses 34.3 to 33.534.5.
33.3 34.3 Unless the Buyer Relevant Authority refers the dispute Dispute to arbitration using clause 33.4Clause 34.4, the Parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction to:
(a) determine the disputeDispute;
(b) grant interim remedies;; and/or
(c) grant any other provisional or protective relief.
33.4 34.4 The Supplier agrees that the Buyer Relevant Authority has the exclusive right to refer any dispute Dispute to be finally resolved by arbitration under the London Court of International Arbitration Rules current at the time of the disputeDispute. There will be only one arbitrator. The seat or legal place of the arbitration will be London and the proceedings will be in English.
33.5 34.5 The Buyer Relevant Authority has the right to refer a dispute Dispute to arbitration even if the Supplier has started or has attempted to start court proceedings under clause 33.3Clause 34.3, unless the Buyer Relevant Authority has agreed to the court proceedings or participated in them. Even if court proceedings have started, the Parties must do everything necessary to ensure that the court proceedings are stayed in favour of any arbitration proceedings if they are started under clause 33.4Clause 34.4.
33.6 34.6 The Supplier cannot suspend the performance of the a Contract during any disputeDispute.
Appears in 2 contracts
Samples: Finance Lease, Finance Lease
Resolving Disputes. 33.1 31.1. If there is a dispute between the Parties, their senior representatives who have authority to settle the dispute will, within 28 days of a written request from the other Party, meet in good faith to resolve the dispute.
33.2 31.2. If the dispute is not resolved at that meeting, the Parties can attempt to settle it by mediation using the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure current at the time of the dispute. If the Parties cannot agree on a mediator, the mediator will be nominated by XXXXCEDR. If either Party does not wish to use, or continue to use mediation, or mediation does not resolve the dispute, the dispute must be resolved using clauses 33.3 31.3 to 33.531.5.
33.3 31.3. Unless the Buyer National Highways refers the dispute to arbitration using clause 33.431.4, the Parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction to:
(a) determine 31.3.1. Determine the dispute;
(b) grant 31.3.2. Xxxxx interim remedies;; and
(c) grant 31.3.3. Grant any other provisional or protective relief.
33.4 31.4. The Supplier agrees that the Buyer National Highways has the exclusive right to refer any dispute to be finally resolved by arbitration under the London Court of International Arbitration Rules current at the time of the dispute. There will be only one arbitrator. The seat or legal place of the arbitration will be London and the proceedings will be in English.
33.5 The Buyer 31.5. National Highways has the right to refer a dispute to arbitration even if the Supplier has started or has attempted to start court proceedings under clause 33.331.4, unless the Buyer National Highways has agreed to the court proceedings or participated in them. Even if court proceedings have started, the Parties must do everything necessary to ensure that the court proceedings are stayed in favour of any arbitration proceedings if they are started under clause 33.431.4.
33.6 31.6. The Supplier cannot suspend the performance of the Contract SEDPS Agreement during any dispute.
Appears in 1 contract
Samples: Sedps Agreement
Resolving Disputes. 33.1 37.1 If there is a dispute between the Parties, their senior representatives who have authority to settle the dispute will, within 28 days of a written request from the other Party, meet in good faith to resolve the disputedispute by commercial negotiation.
33.2 37.2 If the dispute is not resolved at that meeting, the Parties can attempt to settle it by mediation using the Centre for Effective Dispute Resolution (“CEDR”) Model Mediation Procedure current at the time of the dispute. If the Parties cannot agree on a mediator, the mediator will be nominated by XXXXCEDR. If either Party does not wish to use, or continue to use mediation, or mediation does not resolve the dispute, the dispute must be resolved using clauses 33.3 37.3 to 33.537.5.
33.3 37.3 Unless the Buyer refers the dispute to arbitration using clause 33.437.4, the Parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction to:to:
(a) determine the dispute;
(b) grant interim remedies;; and
(c) grant any other provisional or protective relief.
33.4 37.4 The Supplier agrees that the Buyer has the exclusive right to refer any dispute to be finally resolved by arbitration under the London Court of International Arbitration Rules current at the time of the dispute. There will be only one arbitrator. The seat or legal place of the arbitration will be London and the proceedings will be in English.English.
33.5 37.5 The Buyer has the right to refer a dispute to arbitration even if the Supplier has started or has attempted to start court proceedings under clause 33.337.3, unless the Buyer has agreed to the court proceedings or participated in them. Even if court proceedings have started, the Parties must do everything necessary to ensure that the court proceedings are stayed in favour of any arbitration proceedings if they are started under clause 33.4.37.4.
33.6 37.6 The Supplier cannot suspend the performance of the Contract during any dispute.
Appears in 1 contract
Samples: Order Form
Resolving Disputes. 33.1 32.1 If there is a dispute between the Parties, their senior representatives who have authority to settle the dispute will, within 28 days of a written request from the other Party, meet in good faith to resolve the dispute.
33.2 32.2 If the Parties cannot resolve the dispute is not resolved at that meeting, the Parties they can attempt to settle it by mediation using the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure current at the time of the dispute. If the Parties cannot agree on a mediator, the mediator will be nominated by XXXX. If either Party does not wish to use, or continue to use mediation, or mediation does not resolve the dispute, the dispute must be resolved using clauses 33.3 Clauses 32.3 to 33.532.5.
33.3 32.3 Unless the Buyer refers the dispute to arbitration using clause 33.4Clause 32.4, the Parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction to:
(a) 32.3.1 determine the dispute;
(b) 32.3.2 grant interim remedies;; and
(c) 32.3.3 grant any other provisional or protective relief.
33.4 32.4 The Supplier agrees that the Buyer has the exclusive right to refer any dispute to be finally resolved by arbitration under the London Court of International Arbitration Rules current at the time of the dispute. There will be only one arbitrator. The seat or legal place of the arbitration will be London and the proceedings will be in English.
33.5 32.5 The Buyer has the right to refer a dispute to arbitration even if the Supplier has started or has attempted to start court proceedings under clause 33.3Xxxxxx 32.3, unless the Buyer has agreed to the court proceedings or participated in them. Even if court proceedings have started, the Parties must do everything necessary to ensure that the court proceedings are stayed in favour of any arbitration proceedings if they are started under clause 33.4Clause 32.4.
33.6 32.6 The Supplier cannot suspend the performance of the Contract during any dispute.
Appears in 1 contract
Samples: Framework Contract for Goods and/or Non Construction Services
Resolving Disputes. 33.1 36.1 If there is a dispute between Dispute, the Parties, their senior representatives of the Parties who have authority Customer to settle the dispute Dispute will, within 28 days of a written request from the other Party, meet in good faith to resolve the disputeDispute.
33.2 36.2 If the dispute Dispute is not resolved at that meeting, the Parties can attempt to settle it by mediation using the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure current at the time of the disputeDispute. If the Parties cannot agree on a mediator, the mediator will be nominated by XXXXCEDR. If either Party does not wish to use, or continue to use mediation, or mediation does not resolve the disputeDispute, the dispute Dispute must be resolved using clauses 33.3 Clauses 37.3 to 33.537.5.
33.3 36.3 Unless the Buyer Relevant Customer refers the dispute Dispute to arbitration using clause 33.4Clause 37.4, the Parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction to:
(a) : determine the dispute;
(b) Dispute grant interim remedies;
(c) remedies grant any other provisional or protective relief.
33.4 36.4 The Supplier agrees that the Buyer Relevant Customer has the exclusive right to refer any dispute Dispute to be finally resolved by arbitration under the London Court of International Arbitration Rules current at the time of the disputeDispute. There will be only one arbitrator. The seat or legal place of the arbitration will be London and the proceedings will be in English.
33.5 36.5 The Buyer Relevant Customer has the right to refer a dispute Dispute to arbitration even if the Supplier has started or has attempted to start court proceedings under clause 33.3proceedings, unless the Buyer Relevant Customer has agreed to the court proceedings or participated in them. Even if court proceedings have started, the Parties must do everything necessary to ensure that the court proceedings are stayed in favour of any arbitration proceedings if they are started under clause 33.4.proceedings
33.6 36.6 The Supplier cannot suspend the performance of the a Contract during any disputeDispute.
Appears in 1 contract
Samples: Framework Agreement
Resolving Disputes. 33.1 33.1. If there is a dispute between the PartiesParty, their senior representatives who have authority to settle the dispute will, within 28 days of a written request from the other Party, meet in good faith to resolve the dispute.
33.2 33.2. If the dispute is not resolved at that meeting, the Parties Party can attempt to settle it by mediation using the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure current at the time of the dispute. If the Parties Party cannot agree on a mediator, the mediator will be nominated by XXXXCEDR. If either Party does not wish to use, or continue to use mediation, or mediation does not resolve the dispute, the dispute must be resolved using clauses 33.3 to 33.5.
33.3 33.3. Unless the Buyer refers the dispute to arbitration using clause 33.4, the Parties Party irrevocably agree that the courts of England and Wales have the exclusive jurisdiction to:
(a) determine 33.3.1. Determine the dispute;
(b) grant 33.3.2. Xxxxx interim remedies;; and
(c) grant 33.3.3. Grant any other provisional or protective relief.
33.4 33.4. The Supplier agrees that the Buyer has the exclusive right to refer any dispute to be finally resolved by arbitration under the London Court of International Arbitration Rules current at the time of the dispute. There will be only one arbitrator. The seat or legal place of the arbitration will be London and the proceedings will be in English.
33.5 33.5. The Buyer has the right to refer a dispute to arbitration even if the Supplier has started or has attempted to start court proceedings under clause 33.3, unless the Buyer has agreed to the court proceedings or participated in them. Even if court proceedings have started, the Parties Party must do everything necessary to ensure that the court proceedings are stayed in favour of any arbitration proceedings if they are started under clause 33.4.
33.6 33.6. The Supplier cannot suspend the performance of the Contract Buyer Agreement during any dispute.
Appears in 1 contract
Samples: Buyer Agreement
Resolving Disputes. 33.1 34.1 If there is a dispute between Dispute, the Parties, their senior representatives of the Parties who have authority to settle the dispute Dispute will, within 28 days of a written request from the other Party, meet in good faith to resolve the disputeDispute.
33.2 34.2 If the dispute Dispute is not resolved at that meeting, the Parties can attempt to settle it by mediation using the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure current at the time of the disputeDispute. If the Parties cannot agree on a mediator, the mediator will be nominated by XXXX. If either Party does not wish to use, or continue to use mediation, or mediation does not resolve the disputeDispute, the dispute Dispute must be resolved using clauses 33.3 Clauses 34.3 to 33.534.5.
33.3 34.3 Unless the Buyer Relevant Authority refers the dispute Dispute to arbitration using clause 33.4Clause 34.4, the Parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction to:
(a) : determine the dispute;
(b) Dispute grant interim remedies;
(c) remedies grant any other provisional or protective relief.
33.4 34.4 The Supplier agrees that the Buyer Relevant Authority has the exclusive right to refer any dispute Dispute to be finally resolved by arbitration under the London Court of International Arbitration Rules current at the time of the disputeDispute. There will be only one arbitrator. The seat or legal place of the arbitration will be London and the proceedings will be in English.
33.5 34.5 The Buyer Relevant Authority has the right to refer a dispute Dispute to arbitration even if the Supplier has started or has attempted to start court proceedings under clause 33.3Clause 34.3, unless the Buyer Relevant Authority has agreed to the court proceedings or participated in them. Even if court proceedings have started, the Parties must do everything necessary to ensure that the court proceedings are stayed in favour of any arbitration proceedings if they are started under clause 33.4Clause 34.4.
33.6 34.6 The Supplier cannot suspend the performance of the a Contract during any disputeDispute.
Appears in 1 contract
Samples: Call Off Contract
Resolving Disputes. 33.1 32.1 If there is a dispute between dispute, the Parties, their senior representatives who have authority to settle Buyer’s Authorised Representative and the dispute Supplier’s Authorised Representative will, within 28 days of a written request from the other Party, meet in good faith to resolve the dispute.
33.2 32.2 If the dispute is not resolved at that meeting, meeting either Party can send a notice to the other explaining why it thinks the dispute has arisen and within 28 days the Parties will seek to resolve the dispute by commercial negotiation, led by senior representatives who have authority to settle it.
32.3 If the Parties cannot resolve the dispute via commercial negotiation, they can attempt to settle it by mediation using the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure current at the time of the dispute. If the Parties cannot agree on a mediator, the mediator will be nominated by XXXX. If either Party does not wish to use, or continue to use mediation, or mediation does not resolve the dispute, the dispute must be resolved using clauses 33.3 Clauses 32.4 to 33.532.6.
33.3 32.4 Unless the Buyer refers the dispute to arbitration using clause 33.4Clause 32.5, the Parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction to:
(a) 32.4.1 determine the dispute;
(b) 32.4.2 grant interim remedies;; and
(c) 32.4.3 grant any other provisional or protective relief.
33.4 32.5 The Supplier agrees that the Buyer has the exclusive right to refer any dispute to be finally resolved by arbitration under the London Court of International Arbitration Rules current at the time of the dispute. There will be only one arbitrator. The seat or legal place of the arbitration will be London and the proceedings will be in English.
33.5 32.6 The Buyer has the right to refer a dispute to arbitration even if the Supplier has started or has attempted to start court proceedings under clause 33.3Xxxxxx 32.4, unless the Buyer has agreed to the court proceedings or participated in them. Even if court proceedings have started, the Parties must do everything necessary to ensure that the court proceedings are stayed in favour of any arbitration proceedings if they are started under clause 33.4Clause 32.5.
33.6 32.7 The Supplier cannot suspend the performance of the Contract during any dispute.
Appears in 1 contract
Samples: Network Rail Contract for Goods and/or Non Construction Services
Resolving Disputes. 33.1 If there is a dispute between the PartiesParty, their senior representatives who have authority to settle the dispute will, within 28 days of a written request from the other Party, meet in good faith to resolve the dispute.
33.2 If the dispute is not resolved at that meeting, the Parties Party can attempt to settle it by mediation using the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure current at the time of the dispute. If the Parties Party cannot agree on a mediator, the mediator will be nominated by XXXXCEDR. If either Party does not wish to use, or continue to use mediation, or mediation does not resolve the dispute, the dispute must be resolved using clauses 33.3 to 33.5.
33.3 Unless the Buyer refers the dispute to arbitration using clause 33.4, the Parties Party irrevocably agree that the courts of England and Wales have the exclusive jurisdiction to:
(a) determine the dispute;
(b) grant interim remedies;; and
(c) grant any other provisional or protective relief.
33.4 The Supplier agrees that the Buyer has the exclusive right to refer any dispute to be finally resolved by arbitration under the London Court of International Arbitration Rules current at the time of the dispute. There will be only one arbitrator. The seat or legal place of the arbitration will be London and the proceedings will be in English.
33.5 The Buyer has the right to refer a dispute to arbitration even if the Supplier has started or has attempted to start court proceedings under clause 33.3, unless the Buyer has agreed to the court proceedings or participated in them. Even if court proceedings have started, the Parties Party must do everything necessary to ensure that the court proceedings are stayed in favour of any arbitration proceedings if they are started under clause 33.4.
33.6 The Supplier cannot suspend the performance of the Contract Buyer Agreement during any dispute.
Appears in 1 contract
Samples: Buyer Agreement
Resolving Disputes. 33.1 32.1 If there is a dispute between the Parties, their senior representatives who have authority to settle the dispute will, within 28 twenty-eight days of a written request from the other Party, meet in good faith to resolve the disputedispute by commercial negotiation.
33.2 32.2 If the Parties cannot resolve the dispute is not resolved at that meetingvia commercial negotiation, the Parties they can attempt to settle it by mediation using the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure current at the time of the dispute. If the Parties cannot agree on a mediator, the mediator will be nominated by XXXX. If either Party does not wish to use, or continue to use mediation, or mediation does not resolve the dispute, the dispute must be resolved using clauses 33.3 Clauses 32.3 to 33.532.5.
33.3 32.3 Unless the Buyer refers the dispute to arbitration using clause 33.4Clause 32.4, the Parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction to:
(a) 32.3.1 determine the dispute;
(b) 32.3.2 grant interim remedies;; and
(c) 32.3.3 grant any other provisional or protective relief.
33.4 32.4 The Supplier agrees that the Buyer has the exclusive right to refer any dispute to be finally resolved by arbitration under the London Court of International Arbitration Rules current at the time of the dispute. There will be only one arbitrator. The seat or legal place of the arbitration will be London and the proceedings will be in English.
33.5 32.5 The Buyer has the right to refer a dispute to arbitration even if the Supplier has started or has attempted to start court proceedings under clause 33.3Xxxxxx 32.3, unless the Buyer has agreed to the court proceedings or participated in them. Even if court proceedings have started, the Parties must do everything necessary to ensure that the court proceedings are stayed in favour of any arbitration proceedings if they are started under clause 33.4Clause 32.4.
33.6 32.6 The Supplier cannot suspend the performance of the Contract during any dispute.
Appears in 1 contract
Samples: Framework Contract for Goods and/or Non Construction Services
Resolving Disputes. 33.1 32.1 If there is a dispute between the Parties, their senior representatives who have authority to settle the dispute will, within 28 days of a written request from the other Party, meet in good faith to resolve the disputedispute by commercial negotiation.
33.2 32.2 If the Parties cannot resolve the dispute is not resolved at that meetingvia commercial negotiation, the Parties they can attempt to settle it by mediation using the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure current at the time of the dispute. If the Parties cannot agree on a mediator, the mediator will be nominated by XXXX. If either Party does not wish to use, or continue to use mediation, or mediation does not resolve the dispute, the dispute must be resolved using clauses 33.3 Clauses 32.3 to 33.532.5.
33.3 32.3 Unless the Buyer refers the dispute to arbitration using clause 33.4Clause 32.4, the Parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction to:
(a) 32.3.1 determine the dispute;
(b) 32.3.2 grant interim remedies;; and
(c) 32.3.3 grant any other provisional or protective relief.
33.4 32.4 The Supplier agrees that the Buyer has the exclusive right to refer any dispute to be finally resolved by arbitration under the London Court of International Arbitration Rules current at the time of the dispute. There will be only one arbitrator. The seat or legal place of the arbitration will be London and the proceedings will be in English.
33.5 32.5 The Buyer has the right to refer a dispute to arbitration even if the Supplier has started or has attempted to start court proceedings under clause 33.3Xxxxxx 32.3, unless the Buyer has agreed to the court proceedings or participated in them. Even if court proceedings have started, the Parties must do everything necessary to ensure that the court proceedings are stayed in favour of any arbitration proceedings if they are started under clause 33.4Clause 32.4.
33.6 32.6 The Supplier cannot suspend the performance of the Contract during any dispute.
Appears in 1 contract
Samples: Framework Contract
Resolving Disputes. 33.1 31.1. If there is a dispute between the Parties, their senior representatives who have authority to settle the dispute will, within 28 days of a written request from the other Party, meet in good faith to resolve the dispute.
33.2 31.2. If the dispute is not resolved at that meeting, the Parties can attempt to settle it by mediation using the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure current at the time of the dispute. If the Parties cannot agree on a mediator, the mediator will be nominated by XXXX. If either Party does not wish to use, or continue to use mediation, or mediation does not resolve the dispute, the dispute must be resolved using clauses 33.3 31.3 to 33.531.5.
33.3 31.3. Unless the Buyer National Highways refers the dispute to arbitration using clause 33.431.4, the Parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction to:
(a) 31.3.1. determine the dispute;
(b) 31.3.2. grant interim remedies;; and
(c) 31.3.3. grant any other provisional or protective relief.
33.4 31.4. The Supplier agrees that the Buyer National Highways has the exclusive right to refer any dispute to be finally resolved by arbitration under the London Court of International Arbitration Rules current at the time of the dispute. There will be only one arbitrator. The seat or legal place of the arbitration will be London and the proceedings will be in English.
33.5 The Buyer 31.5. National Highways has the right to refer a dispute to arbitration even if the Supplier has started or has attempted to start court proceedings under clause 33.331.4, unless the Buyer National Highways has agreed to the court proceedings or participated in them. Even if court proceedings have started, the Parties must do everything necessary to ensure that the court proceedings are stayed in favour of any arbitration proceedings if they are started under clause 33.431.4.
33.6 31.6. The Supplier cannot suspend the performance of the Contract SEDPS Agreement during any dispute.
Appears in 1 contract
Samples: Sedps Agreement
Resolving Disputes. 33.1 32.1 If there is a dispute between dispute, the Parties, their senior representatives who have authority to settle Buyer’s Authorised Representative and the dispute Supplier’s Authorised Representative will, within 28 days of a written request from the other Party, meet in good faith to resolve the disputedispute by commercial negotiation.
33.2 32.2 If the Parties cannot resolve the dispute is not resolved at that meetingvia commercial negotiation, the Parties they can attempt to settle it by mediation using the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure current at the time of the dispute. If the Parties cannot agree on a mediator, the mediator will be nominated by XXXX. If either Party does not wish to use, or continue to use mediation, or mediation does not resolve the dispute, the dispute must be resolved using clauses 33.3 Clauses 32.3 to 33.532.5.
33.3 32.3 Unless the Buyer refers the dispute to arbitration using clause 33.4Clause 32.4, the Parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction to:
(a) 32.3.1 determine the dispute;
(b) 32.3.2 grant interim remedies;; and
(c) 32.3.3 grant any other provisional or protective relief.
33.4 32.4 The Supplier agrees that the Buyer has the exclusive right to refer any dispute to be finally resolved by arbitration under the London Court of International Arbitration Rules current at the time of the dispute. There will be only one arbitrator. The seat or legal place of the arbitration will be London and the proceedings will be in English.
33.5 32.5 The Buyer has the right to refer a dispute to arbitration even if the Supplier has started or has attempted to start court proceedings under clause 33.3Xxxxxx 32.3, unless the Buyer has agreed to the court proceedings or participated in them. Even if court proceedings have started, the Parties must do everything necessary to ensure that the court proceedings are stayed in favour of any arbitration proceedings if they are started under clause 33.4Clause 32.4.
33.6 32.6 The Supplier cannot suspend the performance of the Contract during any dispute.
Appears in 1 contract
Samples: Network Rail Contract for Goods and/or Non Construction Services
Resolving Disputes. 33.1 32.1 If there is a dispute between dispute, the Parties, their senior representatives who have authority to settle Buyer’s Authorised Representative and the dispute Supplier’s Authorised Representative will, within 28 twenty-eight days of a written request from the other Party, meet in good faith to resolve the disputedispute by commercial negotiation.
33.2 32.2 If the Parties cannot resolve the dispute is not resolved at that meetingvia commercial negotiation, the Parties they can attempt to settle it by mediation using the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure current at the time of the dispute. If the Parties cannot agree on a mediator, the mediator will be nominated by XXXX. If either Party does not wish to use, or continue to use mediation, or mediation does not resolve the dispute, the dispute must be resolved using clauses 33.3 Clauses 32.3 to 33.532.5.
33.3 32.3 Unless the Buyer refers the dispute to arbitration using clause 33.4Clause 32.4, the Parties irrevocably agree that the courts of England and Wales have the exclusive jurisdiction to:
(a) 32.3.1 determine the dispute;
(b) 32.3.2 grant interim remedies;; and
(c) 32.3.3 grant any other provisional or protective relief.
33.4 32.4 The Supplier agrees that the Buyer has the exclusive right to refer any dispute to be finally resolved by arbitration under the London Court of International Arbitration Rules current at the time of the dispute. There will be only one arbitrator. The seat or legal place of the arbitration will be London and the proceedings will be in English.
33.5 32.5 The Buyer has the right to refer a dispute to arbitration even if the Supplier has started or has attempted to start court proceedings under clause 33.3Xxxxxx 32.3, unless the Buyer has agreed to the court proceedings or participated in them. Even if court proceedings have started, the Parties must do everything necessary to ensure that the court proceedings are stayed in favour of any arbitration proceedings if they are started under clause 33.4Clause 32.4.
33.6 32.6 The Supplier cannot suspend the performance of the Contract during any dispute.
Appears in 1 contract
Samples: Network Rail Contract for Goods and/or Non Construction Services