Common use of Procedures and Process Clause in Contracts

Procedures and Process. At the time the matter is referred to the dispute resolution panel, Novolyte and Ferro will jointly establish the procedures to be followed with respect to the presentation of the parties’ respective positions and the process by which the dispute resolution panel will reach and render its decision on the disputed issues. Such procedures and processes will, at a minimum, assure that – (1) Each party will have the right to submit evidence to the dispute resolution panel; (2) Each party will have the right to present a written statement concerning that party’s position with respect to the disputed item; and (3) Before reaching a decision concerning the disputed item, the dispute resolution panel will convene a hearing at which both parties may be represented. If Novolyte and Ferro cannot agree on such procedures and processes, then the Neutral will establish such procedures and process which will, in all events, be consistent with the foregoing.

Procedures and Process. At the time the matter is referred to the dispute resolution panel, Novolyte HK and Ferro will jointly establish the procedures to be followed with respect to the presentation of the parties’ respective positions and the process by which the dispute resolution panel will reach and render its decision on the disputed issues. Such procedures and processes will, at a minimum, assure that – (1a) Each party will have the right to submit evidence to the dispute resolution panel; (2b) Each party will have the right to present a written statement concerning that party’s position with respect to the disputed item; and (3c) Before reaching a decision concerning the disputed item, the dispute resolution panel will convene a hearing at which both parties may be represented. If Novolyte HK and Ferro cannot agree on such procedures and processes, then the Neutral will establish such procedures and process which will, in all events, be consistent with the foregoing.