TECHNICAL ARBITRATION. 15.01 This Article shall apply only to those disputes which specifically provide for resolution using Technical Arbitration. All other disputes shall be resolved through the Dispute Resolution process in Accordance with Article 13 or Arbitration in accordance with Article 14 unless mutually agreed otherwise by the Parties.
TECHNICAL ARBITRATION. The Parties agree to seek expedited resolution of arbitrable disputes arising under this Agreement that are technical in nature. Technical disputes may include, without limitation, disputes centered on engineering issues involving technical planning studies, the need for and Cost of Upgrade Facilities, and the Interconnection Capacity of a Point of Interconnection. Such technical issues may be resolved through expert application of established technical knowledge and by reference to Good Utility Practice and industry standards. The Party initiating arbitration pursuant to Section B.3 below shall indicate in its notice to the other Party whether it regards the dispute to be technical in nature. If the Parties agree that a dispute is technical in nature, then the Parties shall meet and confer to develop an appropriate timetable and process for expedited resolution of the dispute by a neutral expert, or “technical arbitrator”. If the Parties cannot agree that a dispute is technical in nature, or if they cannot agree on a neutral arbitrator, then the Parties may submit the dispute to arbitration under the procedures set forth in Appendix B, Section 3 below.
TECHNICAL ARBITRATION. If any dispute or difference of a technical nature shall arise at any time during or on completion of the Order, which is incapable of resolution between the parties, this shall be referred to an independent expert to be appointed by agreement between the parties, or in default of agreement by the President for the time being of the Law Society of England and Wales.
TECHNICAL ARBITRATION. 37. Any controversies of a technical, geological, economic and financial nature involving the exploration work or the FEASIBILITY STUDY, shall be settled in the way described next:
TECHNICAL ARBITRATION. (a) In the event the Parties are unable to agree on: (i) the cost or other impact of a physical improvement proposed by the Client or New Owner on the Remediation, (ii) whether a Change has occurred pursuant to Paragraph 6 hereof, (iii) the determination of whether a newly discovered Pollution Condition constitutes a Pre-existing Pollution Condition, (iv) the form of the Remedial Action Plan developed pursuant to Paragraph 6, or (v) the means and methods of Remediation and Site Restoration, Project Completion, and/or their effect on Client's or New Owner's business operations at the Site, either Party may deliver a notice of technical arbitration ("ARBITRATION NOTICE") to the other, requesting that the matter be submitted to Technical Arbitration for determination as set forth below.
TECHNICAL ARBITRATION. Notwithstanding anything else in this Agreement, the following provisions shall apply with respect to the definition of “Mechanically Complete” and the concomitant satisfaction of the corresponding conditions to Closing set forth in Section 9.02(d)(ii):
TECHNICAL ARBITRATION. (a) In the event Xxxxxx and AZZ are unable to agree on (i) the cost or other impact of a Change pursuant to Section 6 hereof, or (ii) the determination of whether a newly discovered Pollution Condition constitutes a Pre-existing Pollution Condition under Section 7, then Xxxxxx and AZZ shall submit the matter to technical arbitration for determination as set forth below.
TECHNICAL ARBITRATION. Any divergence arisen between the parties, as for any technical aspect, which can not be resolved in a friendly and direct way between the parties, will be submitted to a technical arbitration tribunal, conformed by two technicians with expertise in the matter, who will be appointed by the parties, one for each of these. If this procedure does not provide results, the compromise clauses herein agreed will be applied.
TECHNICAL ARBITRATION. Any engineering or technical dispute arising under or related to this Agreement shall be exclusively and finally settled in accordance with the Construction Industry Arbitration Rules for the AAA then in effect (the “AAA Technical Arbitration Rules”) without submitting such dispute to mediation by the Independent Engineer pursuant to Section 19.3 and without submitting the dispute to arbitration pursuant to Section 19.4(a). Either Party may initiate the arbitration as provided in the AAA Technical Arbitration Rules. Such engineering arbitration shall be conducted by an Independent Engineering Arbitrator that is acceptable to the Authority and the Lessee. If the Parties fail to agree upon the Independent Engineering Arbitrator within five Business Days after the Parties agree to submit the dispute to engineering arbitration, then the Authority and the Lessee shall each appoint an Independent Engineering Arbitrator and both such arbitrators shall be instructed to select a third Independent Engineering Arbitrator to conduct the engineering arbitration (unless the Parties agree in writing for the dispute to be heard by one Independent Engineering Arbitrator, who will then be selected by the AAA). If the two previously selected Independent Engineering Arbitrators cannot agree on the selection of the third Independent Engineering Arbitrator, the third Independent Engineering Arbitrator shall be selected by the AAA. The Parties shall each bear their own costs with respect to the arbitration of any such engineering dispute and shall bear equally the cost of retaining such Independent Engineering Arbitrator(s). The award of the Independent Engineering Arbitrator(s) shall be in writing and state the reasons upon which it is based. The award of the Independent Engineering Arbitrator(s) shall be final and binding on the Parties.
TECHNICAL ARBITRATION
