▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, The Resolution of Access Disputes Clause Samples

▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, The Resolution of Access Disputes. Under Section 46 of the Trade Practices Act, 22(1) University of Tasmania Law Review 9, 38 (2003), referring to various authors who attach much relevance to the examination of a possible legitimate business reason. See also e.g. Pont Data Australia v ASX Operations, FCA 30 (9 February 1990), per ▇▇▇▇▇▇ J., at 100, referring to (but not giving much guidance on) the concept of ‘legitimate commercial interests’. See also ACCC v Australian Safeway Stores [2003] FCAFC 149 (30 June 2003). At 330, the Full Federal Court suggested that issues relating to the quality of the product, reliability of supply or ‘other legitimate business consideration’ could be relevant for the assessment of an exclusive dealing arrangement. 1015 ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, Refusals to Supply Under Section 46 of the Trade Practices Act: Misuse of Market Power or Legitimate Business Conduct?, 8 Bond Law Review 182, 193 (1996); ▇▇▇▇▇▇▇▇ 2003 (ibid.), at 43. 1016 Top Performance Motors v ▇▇▇ ▇▇▇▇ (Queensland), [1975] ATPR 40-­‐004. 1017 Australasian Performing Rights Association v Ceridale, [1990] ATPR 41-­‐042. 1018 Berlaz v FineLeather Care Products, [1991] ATPR 41-­‐118. 1019 Natwest Australia Bank v Boral Gerrard Strapping Systems, [1992] ATPR 41-­‐196. 1020 Queensland Wire Industries v BHP, [1989] HCA 6. See also ▇. ▇▇▇▇▇ & ▇.▇. ▇▇▇▇▇▇▇▇, ‘Queensland Wire Industries v BHP, Judgment of the High Court of Australia’, (1990) 27 Common Market Law Review 151; ▇. ▇▇▇▇▇▇▇, ‘Refusals to supply by Corporations with Substantial Market Power’, (1994) 22 Australian Business Law Review 7, 29-­‐30; ▇▇▇▇▇▇▇▇ 1996, supra note 1015, at 183. 1021 Queensland Wire argued that it was a constructive refusal because of particularly high prices. 1022 Queensland Wire, supra note 1020, per ▇▇▇▇▇ ▇.▇. and ▇▇▇▇▇▇ ▇., at 22.
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Related to ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, The Resolution of Access Disputes

  • Methods of Resolution of Disputes In the event of any dispute with respect to the construction and performance of this Agreement, the Parties shall first resolve the dispute through friendly negotiations. In the event the Parties fail to reach an agreement on the dispute within 30 days after either Party’s request to the other Parties for resolution of the dispute through negotiations, either Party may submit the relevant dispute to the China International Economic and Trade Arbitration Commission for arbitration, in accordance with its arbitration rules. The arbitration shall be conducted in Beijing. The arbitration award shall be final and binding on all Parties.

  • Governing Law; Resolution of Disputes This Agreement and the rights and obligations hereunder shall be governed by and construed in accordance with the laws of the State of Wisconsin. Any dispute arising out of this Agreement shall, at the Executive’s election, be determined by arbitration under the rules of the American Arbitration Association then in effect (in which case both parties shall be bound by the arbitration award) or by litigation. Whether the dispute is to be settled by arbitration or litigation, the venue for the arbitration or litigation shall be Milwaukee, Wisconsin or, at the Executive’s election, if the Executive is not then residing or working in the Milwaukee, Wisconsin metropolitan area, in the judicial district encompassing the city in which the Executive resides; provided, that, if the Executive is not then residing in the United States, the election of the Executive with respect to such venue shall be either Milwaukee, Wisconsin or in the judicial district encompassing that city in the United States among the thirty cities having the largest population (as determined by the most recent United States Census data available at the Termination Date) which is closest to the Executive’s residence. The parties consent to personal jurisdiction in each trial court in the selected venue having subject matter jurisdiction notwithstanding their residence or situs, and each party irrevocably consents to service of process in the manner provided hereunder for the giving of notices.

  • Disputes Resolution Procedure 11.1 A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. The Parties to this Agreement are committed to complying with the terms of this procedure.

  • Informal Resolution of Disputes 10.5.1 Upon receipt by one Party of notice of a dispute by the other Party pursuant to Section 10.3 or Section 10.4.5, each Party will appoint a knowledgeable, responsible representative to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The location, form, frequency, duration, and conclusion of these discussions will be left to the discretion of the representatives. Upon agreement, the representatives may utilize other alternative Dispute Resolution procedures such as mediation to assist in the negotiations. Discussions and the correspondence among the representatives for purposes of settlement are exempt from discovery and production and will not be admissible in the arbitration described below or in any lawsuit without the concurrence of both Parties. Documents identified in or provided with such communications that were not prepared for purposes of the negotiations are not so exempted, and, if otherwise admissible, may be admitted in evidence in the arbitration or lawsuit.

  • Disputes Resolution It is the intent of the parties to communicate on a regular basis in a positive and effective manner. The parties agree to communicate areas of concern as they arise and to address those concerns in a professional manner. Any disputes between the Commission and the School which arise under, or are by virtue of, this Contract and which are not resolved by mutual agreement, shall be decided by the full Commission in writing, within 90 calendar days after a written request by the School for a final decision concerning the dispute; provided that where a disputes resolution process is defined for a particular program area (e.g., IDEA, Section 504, etc.), the Parties shall comply with the process for that particular program area; and further provided that the parties may mutually agree to utilize the services of a third-party facilitator to reach a mutual agreement prior to decision by the full Commission. Subject to the availability of an appeal under Ch. 302D, HRS, or BOE administrative rules or procedures, any such decision by the full Commission shall be final and conclusive.