Fast Track Referee Process Clause Samples

The Fast Track Referee Process clause establishes a streamlined procedure for resolving disputes quickly by appointing a referee to make binding decisions within a short timeframe. Typically, this process bypasses lengthy litigation or arbitration by setting strict deadlines for submissions and decisions, and may limit the scope of issues or evidence considered. Its core practical function is to provide parties with a rapid, cost-effective method for dispute resolution, minimizing delays and uncertainty that can arise from traditional legal proceedings.
Fast Track Referee Process. If the Dispute is not resolved pursuant to Section 2.3 of this Schedule to the mutual satisfaction of the parties within 5 Business Days (or such longer period as the parties may agree) following the receipt of the Dispute Notice by the receiving party, either party may by notice to the other (a “Referee Notice”), request the appointment of a referee (“Referee”) as provided under the terms of this Section 2.4. The Referee will be appointed and participate in the resolution of the Dispute as set out below: (a) if the Referee Notice is given during the Construction Period, then the Independent Certifier will as of the end of the 2nd Business Day following the delivery of the Referee Notice be deemed the Referee unless: (1) within 2 Business Days of the delivery of the Referee Notice either the parties agree that another person would be more suitable considering the nature of the Dispute, or either party gives written notice that it objects to the Independent Certifier acting as Referee in relation to the Dispute; or (2) for any reason the Independent Certifier is unable to perform the duties of the Referee, and in either such case the Referee will be appointed in the manner described in Section 2.4(b) of this Schedule; (b) if the Dispute Notice is given during the Operating Period or Section 2.4(a) of this Schedule requires that this Section 2.4(b) applies, the parties will appoint a Referee in the following manner: (1) within 2 Business Days of the delivery of a Referee ▇▇▇▇▇▇, each party will submit in writing to the other party, the names of no more than 2 candidates for Referee who are independent of the parties and immediately available to perform the role of Referee in respect of the Dispute at hand; (2) if a party has an objection to a proposed candidate, it will give written notice of such objection with reasons to the other party; (3) if for any reason within 3 Business Days of the delivery of a Referee ▇▇▇▇▇▇, a Referee has not been appointed, then either party may apply to the British Columbia International Commercial Arbitration Centre for an arbitrator to be promptly appointed under its “Domestic Commercial Arbitration Rules of Procedure”. (c) the parties will enter into an agreement with the Referee to act as Referee generally in the form attached as Appendix 13A (the “Referee Agreement”), such agreement to be entered into no later than 2 Business Days after the Referee’s appointment. The Referee’s fees and expenses will be shared equally by th...
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Fast Track Referee Process. If the Dispute is not resolved pursuant to Section 2.3 of this Schedule to the mutual satisfaction of the parties within 5 Business Days (or such longer period as the parties may agree) following the receipt of the Dispute Notice by the receiving party, either party may by notice to the other (a “Referee Notice”), request the appointment of a referee (“Referee”) as provided under the terms of this Section 2.
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Fast Track Referee Process. If neither Party requests the appointment of a Referee on or before the fifth Business Day following the end of the Negotiation Period, the Dispute Notice shall be deemed to have been withdrawn.
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Fast Track Referee Process. The Referee will be appointed as an expert to resolve the Dispute and will participate in the resolution of the Dispute, as set out below:
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Fast Track Referee Process. (a) If a Dispute (other than one to which Section 2.4 [Independent Certifier] applies) is not resolved pursuant to Section 2.3 [Diligent Negotiation] to the mutual satisfaction of the Parties during the Negotiation Period, either Party may, within five Business Days of the end of the Negotiation Period by written notice to the other (a “Referee Notice”), request the appointment of a single referee (“Referee”) in accordance with the provisions of this Section 2.5
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Fast Track Referee Process. If the Dispute is not resolved pursuant to Section 1.3 [Diligent Negotiation] of this Schedule 20 [Dispute Resolution Procedure] to the mutual satisfaction of the parties within the time stipulated in Section 1.3 [Diligent Negotiation] of this Schedule 20 [Dispute Resolution Procedure], either party may, by notice to the other (a “Referee Notice”), request the appointment of a referee (“Referee”) as provided under the terms of this Section 1.4 [
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Related to Fast Track Referee Process

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