TECHNICAL DISPUTE PROCEDURES Clause Samples
POPULAR SAMPLE Copied 2 times
TECHNICAL DISPUTE PROCEDURES. The Technical Expert shall render a decision resolving the matter within sixty (60) days of the date of his or her selection as the Technical Expert. The decision of the Technical Expert shall be in writing and shall be final and binding upon the parties and not subject to appeal or review. The Partnership shall bear all costs and expenses of the Technical Expert procedure and the Technical Expert shall not have the authority to award costs or attorneys' fees to either party. The Technical Expert shall resolve the Technical Dispute in accordance with the procedures set forth in the Commercial Arbitration Rules of the American Arbitration Association, and such decision may be confirmed and enforced in, and judgment upon the award entered by, any federal or state court having jurisdiction over the parties.
TECHNICAL DISPUTE PROCEDURES. Any Technical Dispute subject to this Section 24.3 shall be resolved in accordance with the following provisions:
(a) The Party initiating submission of the Technical Dispute to the Independent Panel shall provide the other Party with a notice stating that it is submitting the Technical Dispute to the Independent Panel.
(b) Consideration of the Technical Dispute by the Independent Panel shall be initiated by the Party seeking consideration of the Technical Dispute by the Independent Panel submitting within ten (10) Business Days of the notice described in Section 24.3.2(a) to both the Independent Panel and the other Party written materials setting forth:
(i) its detailed description of the Technical Dispute;
(ii) a statement of the initiating Party‟s position; and
(iii) copies of records supporting the initiating Party‟s position.
(c) Within ten (10) Business Days of the date that a Party has submitted the materials described in the preceding sentence, the other Party may submit to the Independent Panel and to the initiating Party:
(i) its description of the Technical Dispute in reasonable detail;
(ii) a statement of the responding Party‟s position; and
(iii) copies of any records supporting the responding Party‟s position.
(d) In addition to the material provided to the Independent Panel by the initiating Party, the Independent Panel shall consider any such information submitted by any responding Party within such ten (10) Business Day period and, in the Independent Panel‟s discretion, any additional information submitted by either Party to the Independent Panel (with a copy to the other Party) at a later date.
(e) Each Party shall designate one Person knowledgeable about the issues in dispute who shall be available to the Independent Panel to answer questions and provide any additional information requested by the Independent Panel. Except for such Person, a Party shall not be required to, but may, provide oral statements or presentations to the Independent Panel or make any particular individuals available to the Independent Panel.
(f) Except as provided in Section 24.3.2(h) with respect to the payment of costs, the proceedings under this Section 24.3 shall be without prejudice to either Party and any evidence given or statements made in the course of this process may not be used against a Party in any other proceedings, including an arbitration proceeding under Section 24.4. The process under this Section 24.3 shall not be regarded as an arbitration, a...
TECHNICAL DISPUTE PROCEDURES. Any Technical Dispute subject to this Section 24.3 shall be resolved in accordance with the following provisions:
(a) The Party initiating submission of the Technical Dispute to the Independent Panel shall provide the other Party with a notice stating that it is submitting the Technical Dispute to the Independent Panel.
(b) Consideration of the Technical Dispute by the Independent Panel shall be initiated by the Party seeking consideration of the Technical Dispute by the Independent Panel submitting within ten (10) Business Days of the notice described in Section 24.3.2
(a) to both the Independent Panel and the other Party written materials setting forth:
(i) its detailed description of the Technical Dispute;
(ii) a statement of the initiating Party‟s position; and
(iii) copies of records supporting the initiating Party‟s position.