Dispute Procedure Clause Samples
The Dispute Procedure clause establishes the process that parties must follow to resolve disagreements arising under the contract. Typically, it outlines steps such as negotiation, mediation, or arbitration before litigation can be pursued, and may set specific timelines or requirements for each stage. This clause ensures that disputes are handled in an orderly and predictable manner, helping to prevent escalation and reduce the likelihood of costly legal proceedings.
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Dispute Procedure. If SCT delivers a notice of disagreement pursuant to Section 2.3(c), SCT and Purchaser shall, during the thirty (30) days following such delivery, use their reasonable efforts to reach agreement on the disputed items or amounts (the "Disputed Amounts"). If, during such period, SCT and Purchaser are unable to reach such agreement, they shall promptly thereafter cause PricewaterhouseCoopers LLP (or if said firm shall be unwilling to act thereunder or shall be engaged to perform any material services to the Purchaser or the Sellers or their Affiliates, such other independent public accountants of nationally recognized standing reasonably satisfactory to SCT and Purchaser) (the "Accounting Arbitrator"), promptly to review this Agreement, the documents delivered pursuant to Section 2.3(c) and any other documents necessary to calculate the Disputed Amounts (including all work papers of the Parties used in calculating the Disputed Amounts). In making such calculation, the Accounting Arbitrator shall act as arbitrator. The Accounting Arbitrator shall deliver to SCT and Purchaser, as promptly as practicable and in any event no later than 90 days after their engagement, a report setting forth such calculation. Such report shall be final and binding upon SCT and Purchaser. The cost of the review of the Accounting Arbitrator and report shall be borne equally by SCT and Purchaser. The Accounting Arbitrator shall have jurisdiction to decide any and all issues presented to it that arise out of or relate to this Agreement or the transactions contemplated hereby, including the issue of whether or not the Accounting Arbitrator has jurisdiction to decide any particular dispute, controversy or claim. The arbitration shall be held in Washington, D.C. The governing Law shall be as set forth in Section 11.12 of this Agreement, and the Parties' consent to the jurisdiction of the courts identified in Section 11.3 of this Agreement for all purposes in connection with the arbitration, including (i) enforcement of the arbitration award and (ii) issuance of provisional remedies to protect rights, interests, Assets or property, including, but not limited to, temporary or preliminary injunctive relief, to ensure ultimate satisfaction of the arbitration award. The Parties agree that the award made by the Accounting Arbitrator shall be final and binding on the Parties and that they waive any right to appeal the arbitral award, to the extent an appeal may be lawfully waived. The Sellers an...
Dispute Procedure. (1) Unless otherwise provided in the Council's Constitution or in this Collective Agreement, any dispute within the registered scope of the Council shall be resolved as set out below:
(a) The General Secretary of the Council shall, after consultation with the Secretary of any relevant Regional Chamber, decide whether any dispute referred to the Council must be dealt with by the Council or the Regional Chamber.
(b) The Council shall, from time to time, adopt, by resolution, guidelines for the General Secretary of the Council to follow in the allocation of such disputes.
(c) When any dispute is allocated to a Regional Chamber in terms of this clause, then such Regional Chamber shall have the same rights, powers and obligations as the Council.
Dispute Procedure. A. The Union shall have the right to designate a shop ▇▇▇▇▇▇▇ for each store. The shop ▇▇▇▇▇▇▇ may act for the Union in signing up employees for Union membership and in explaining the func tions of the Union to employees. The shop stew ard shall be the last employee to be laid off in his classification in his store. The Union agrees to furnish the Employer a list of shop stewards and any necessary revisions of this list due to changes.
B. Should any differences, disputes, or com plaints arise over the interpretation or applica tion of the contents of this Agreement, there shall be an ▇▇▇▇▇▇▇ effort on the part of both parties to settle such promptly through the following steps:
Step 1. By conference between the aggrieved employee and/or the shop ▇▇▇▇▇▇▇ and/ or the authorized Union representa tive and the Manager of the store. If this step does not settle the grievance, and the employee and/or the Union wishes to take it to Step 2, it shall be referred within ten (10) calendar days to Step 2. Any grievance not settled in Step 1, shall be reduced to writing by the aggrieved employee with copies to the Employer and the Union.
Step 2. By conference between the shop ste ▇▇▇▇, the authorized Union representa tive and the Zone Manager. If this step does not settle the grievance, and the Union wishes to take it to Step 3, it shall be referred within ten (10) calendar days to Step 3.
Step 3. By conference between an official or officials of the Union and the Divi sional Vice President, a representative or representatives of the Employer delegated by the Divisional Vice Presi dent, or both.
Step 4. In the event the last step fails to settle the grievance, the Union, if it desires to submit the grievance to ar bitration, shall so notify the Employ- er within ten (10) calendar days af ter completion of Step 3. Nothing contained in this Article 5 shall act as a waiver of the employee’s right to appeal direct ly to the management of the Employer or to the officials of the Union.
C. The Board of Arbitration shall consist of one person appointed by the Union and one person appointed by the Employer. Said two (2) persons shall, within ten (10) days after dis agreement, request the Director of the Federal Mediation and Conciliation Service to furnish a panel of fifteen (15) arbitrators from which the third arbitrator shall be chosen by the alter nate striking of names except that the parties by mutual agreement may request an additional panel or panels of fif...
Dispute Procedure. During the thirty (30)-day period commencing upon delivery by Parent to the Seller of a Notice of Claim (unless such Notice of Claim has been amended or updated by Parent, in which case, during the thirty (30)-day period commencing upon delivery of such amended or updated Notice of Claim (the “Dispute Period”), the Seller may deliver to Parent a written response (the “Response Notice”) in which the Seller: (i) agrees that the full calculated Claimed Amount is owed to Parent; (ii) agrees that part, but not all, of the calculated Claimed Amount (the “Agreed Amount”) is owed to Parent; or (iii) states that no part of the calculated Claimed Amount is owed to Parent. If the Response Notice is delivered in accordance with clause “(ii)” or clause “(iii)” of the preceding sentence, such Response Notice shall also contain, to the extent practicable, a brief description of the facts and circumstances supporting the Seller’s claim that only a portion or no part of the calculated Claimed Amount is owed to Parent, as the case may be. Any part of the Claimed Amount that is not agreed to be owed to Parent pursuant to the Response Notice, including any calculations contained therein (or the entire Claimed Amount, if the Seller asserts in the Response Notice that no part of the Claimed Amount is owed to Parent) is referred to in this Agreement as the “Contested Amount” (it being understood that the Contested Amount shall be modified from time to time to reflect any modifications by Parent to the Claimed Amount, so long as the Seller provides Parent with written notice of such updated or modified estimate). If a Response Notice is not received by Parent prior to the expiration of the Dispute Period, then the Seller shall be conclusively deemed to have agreed that the full Claimed Amount is owed to Parent.
Dispute Procedure. 1. If an employee or group of employees believes that any paragraph or paragraphs of this Work Standards Section has been violated, and the employee(s) is aggrieved as the result thereof, the employee, or a designated member of the group, shall take the following steps should a work standard dispute occur:
STEP 1 EMPLOYEE/SUPERVISOR/UNION OFFICIAL Employee(s) notify Supervision of a work standard issue at which point the Union Official may be contacted. The employee(s) will identify the reason(s) for the dispute. The supervisor and Union Official investigates the concern and may extend the investigation to the other shifts for consistent application with the intent to mutually resolve the dispute utilizing, but not limited to SWI’s (prescribed method), layout, sequence, tools, health and safety and ergonomics.
STEP 2 Unifor TIME STUDY/INDUSTRIAL ENGINEERING REVIEW If the dispute remains, the Divisional Industrial Engineer and the Unifor Time Study Representative will review any data or address any other issues in an attempt to resolve the employee(s) concern. When timing of any job or operation is necessary in connection with adjusting a grievance, the Time Study Representative shall be permitted to examine the information resulting from such timing upon its completion.
STEP 3 FORMAL E.B. (Elemental Breakdown) At this stage, and if necessary, in an attempt to finalize the issue, a formal request is made by the Unifor/Time Study Representative on behalf of the Union Official to complete an Elemental Breakdown of the operation. Prompt attention will be given by the Divisional Industrial Engineer to verify/establish the Elemental Breakdown. Following the receipt of the Elemental Breakdown, the Unifor Time Study Representative will be permitted to make a study of the job in dispute for the purpose of resolving the above issue(s). It is understood this review will be completed as expeditiously as possible. (This study shall not be deemed to be in substitution for the National Union Industrial Engineer giving technical assistance as provided in Paragraph 3 below) Such elemental breakdown shall be analyzed by the time measurement system that the Company utilizes consisting of all the elements of the operation in the order of their performance with the time for each element and the total time for the operation as these appear on the study or supporting data. On conveyor assembly lines each elemental breakdown will reflect the scheduled rate of production and avail...
Dispute Procedure. The aim is to avoid formal disputes, and to resolve disagreements at the lowest level possible. The customer service standards for both parties should be adhered to as a matter of course. However unresolved matters of dispute or disagreement may be progressed as indicated in the example below: For examples -
Dispute Procedure. 4.1. All disputes which occur within the implementation of the present agreement and cannot be settled in compliance with the arrangements of the Parties are to be settled juridical according to the existing legislation of the Kyrgyz Republic and _______________________, and in compliance with international law and international treaties.
Dispute Procedure. 11.1.1 If the Lessee does not accept that any determination made by the Lessor has been made and/or any Applicable Cash Flow (other than the Initial Cash Flow) or any adjustment thereto or to the Rental (or any adjustment thereto) has been prepared and/or calculated in accordance with the terms and provisions of this Lease, the Lessee may (without prejudice to its obligations to make payment hereunder in accordance with such Cash Flow and/or calculation pending determination of the matter as hereinafter provided) give notice to the Lessor within thirty (30) Banking Days of receiving a copy of such Cash Flow and/or calculation from the Lessor together with the Lessee's reasons for such non-acceptance. As soon as practicable after a notification under this paragraph 11.1.1 by the Lessee, if required in writing by the Lessee, the Lessor and the Lessee shall discuss with each other (and any relevant advisors) the determination in question. Such discussions shall be conducted conscientiously and in good faith and shall allow time for full consideration of the views of both parties of the issues concerned.
11.1.2 If the Lessor and the Lessee cannot agree the correctness or otherwise of such determination within a further period of twenty (20) Banking Days of the Lessee's notice referred to in paragraph 11.1.1, the Lessee's reasons together with the Lessor's determination, calculation and/or Cash Flow and/or any adjustment thereto and reasons therefor shall then be referred to the Auditors who shall act as experts and not as arbitrators and whose decision as to the correctness of such determination and/or calculations and/or Cash Flow and/or any adjustment thereto in accordance with the terms of this Lease shall, except in the case of manifest error until the same has been corrected, or save where paragraph 11.
Dispute Procedure. Where the Company exercises its rights to revoke an entitlement under this clause and the Union disagrees with that decision, subject to there being no stoppage of work as a result of the decision of the Company, the Union may refer the matter in dispute to FWC for conciliation and arbitration if necessary.
Dispute Procedure. (a) Any dispute between the Parties either with respect to the interpretation of any provision of this Agreement or with respect to the performance by Cellnet or by Laclede hereunder shall be resolved as specified in this Section 19.1.
(b) Upon the written request of either Party to the other Party ("Written Request"), a dispute shall be discussed by the Parties. The Parties shall meet as often as necessary to gather and furnish to each Party all information with respect to the matter at issue that is appropriate and germane in connection with its resolution. The Parties shall discuss the problem and negotiate in good faith in an effort to resolve the dispute without the necessity of any formal proceeding relating thereto.
(c) If the dispute is not resolved within thirty (30) days after the date of the Written Request, then the dispute shall be escalated to a Vice President of Laclede and the Chief Operating Officer of Cellnet for their review within forty-five (45) days after the date of the Written Request.
(d) If the dispute is not resolved as described in (c) above within sixty (60) days after the date of the Written Request, the dispute will be referred to mandatory mediation with the American Arbitration Association ("AAA") or other organization mutually agreeable to the Parties, at a mutually agreed location in St. Louis, Missouri. The Parties will agree upon the selection of a particular mediator as soon as reasonably practical, but failing such agreement within thirty (30) days after the issue is referred for mediation, the mediator will be selected by AAA. Any mediator so selected shall have substantial experience in the area of information technology infrastructure outsourcing and the energy industry.
(e) With the exception of applications to courts of competent jurisdiction for injunctive relief or any dispute relating to intellectual property rights, the Parties stipulate that the submission of disputes to mediation as provided in this Section 19.1, and mediation pursuant thereto, shall be a condition precedent to any suit, action or proceeding instituted in any court or before any administrative tribunal with respect to such dispute. The mediation provisions hereof shall, with respect to any dispute arising out of this Agreement, survive the termination or expiration of this Agreement.
(f) The Parties shall use reasonable effort to set the date of the mediation within sixty (60) days after selection of the mediator but in no event shall the m...