Method of Dispute Resolution. In the event of any dispute arising from the construction and performance of this Agreement, the Parties shall first resolve such dispute through friendly negotiation. If the Parties fail to reach an agreement in resolving such dispute within 30 days after any Party’s request to the other Parties for resolution of the dispute through negotiation, any Party may submit the relevant dispute to China International Economic and Trade Arbitration Commission for arbitration in accordance with its arbitration rules then in effect. The arbitration shall be conducted in Beijing, and the language to be used in the arbitration shall be Chinese. The arbitration award shall be final and be binding on all Parties.
Method of Dispute Resolution. Any dispute that may arise during the performance of this Agreement shall be settled through amicable negotiations by all parties involved. Where the negotiation fails, either party may submit the dispute to China International Economic and Trade Arbitration Commission for arbitration in accordance with the prevailing arbitration rules of such arbitration institution. The place of arbitration is Beijing, the arbitration language is Chinese, and the arbitral award is final and binding on all parties. Except for the part that is being submitted to arbitration, the rest of this Agreement shall remain in force. The validity of this Article is not subject to the impact from the change, cancellation or termination of this Agreement.
Method of Dispute Resolution. In the event that there arises any disagreement or dispute between the Parties that cannot be amicably resolved and which relates to the interpretation, enforcement, or violation of the terms of this Agreement, such matters will be resolved in a United States District Court in the Central District of California. If no such jurisdiction exists, then any such dispute will be resolved in a state court located in the geographic region of the Central District of California.
Method of Dispute Resolution. Allscripts Healthcare and Buyer will enter into a customary engagement agreement with the Accounting Firm and agree to cooperate in good faith with the Accounting Firm during the term of its engagement. Allscripts Healthcare and Buyer shall jointly instruct the Accounting Firm that it: (i) shall review only the unresolved disputed items contained in the Dispute Notice; (ii) shall make its determination based solely upon the written submissions of Allscripts Healthcare and Buyer (i.e., not by independent review), and the terms and conditions of this Agreement, including the definitions set forth herein; (iii) shall render its decision within thirty (30) days after the referral of the dispute to the Accounting Firm for a decision pursuant hereto; and (iv) shall not assign a value to any item greater than the greatest value for such item claimed by either Party or less than the smallest value for such item claimed by either Party. As promptly as practicable following the Accounting Firm’s engagement, Buyer and Allscripts Healthcare shall each prepare and submit a presentation to the Accounting Firm. Following the delivery of the presentations, Buyer and Allscripts Healthcare may each submit a response to the other Party’s presentation. As soon as practicable thereafter, the Accounting Firm shall make its final determination with respect to each disputed item based solely on their respective presentations. Neither Allscripts Healthcare nor Buyer (and none of their respective representatives) shall have any ex parte conversation(s) or meeting(s) with the Accounting Firm without the prior consent of (x) with respect to Allscripts Healthcare, Buyer and (y) with respect to Buyer, Allscripts Healthcare. The fees, costs and expenses of the Accounting Firm shall be allocated to and borne by Buyer, on the one hand, and Allscripts Healthcare, on the other hand, based on the inverse of the percentage that the Accounting Firm’s determination (before such allocation) bears to the total amount of the total items in dispute as originally submitted to the Accounting Firm. For example, should the items in dispute total in amount to $1,000 and the Accounting Firm awards $600 in favor of Buyer’s position, 60% of the costs of the Accounting Firm would be borne by Allscripts Healthcare and 40% of the costs would be borne by Buyer. All determinations made by the Accounting Firm shall be final, conclusive and binding on the Parties. Judgment may be entered upon the determination of...
Method of Dispute Resolution. Motor Carrier shall advise Provider in writing of any disputed items on Provider's invoices within 30 days of the receipt of such invoice(s). Provider will undertake to reconcile such disputed items within sixty (60) days of receipt of Motor Carrier's notice and will either provide verification for the charges as invoiced or will issue a credit to Motor Carrier's account for any amount not properly invoiced. Such disputes do not constitute valid grounds for withholding or delaying payments of undisputed charges as required by the Terms of this Agreement. In the event that charges which have been verified by the Provider are again rejected and disputed by Motor Carrier for whatever reasons, Provider reserves its rights and remedies under the law to compel payment of such charges. In the event any disputed items involve Eagle Credits (I.E. above) it will not be the Provider's obligation to supply reports detailing all such Eagle Credits as earned to the Motor Carrier by invoice. DECISION: Found in favor of the Motor Carrier. Based on H.1. previous case decision 20150910-4-XXXD-PD 10 UNIFORM INTERMODAL INTERCHANGE AND FACILITIES ACCESS AGREEMENT DISPUTE RESOLUTION PANEL REVIEW AND DECISION In the Dispute Between ) ) ) UIIA MC, ) ) Case Number: 20190509-1-IXXX-PD Appellant, and ) UIIA EP, ) Date of Decision: 10/30/2019 Respondent ) THE MOTOR CARRIER DISPUTES THE FOLLOWING INVOICES: Invoices are numbered to correlate with case file Invoice # Inv. Date Amount Outgated Ingated Free Days Date MC rec'd inv. Date MC disputed the inv. Date EP responded to MC's dispute Notice of Intent Rec'd 1 UST000052 6/25/2018 140 5/15/18 5/21/18 5 6/25/2018 7/3/18 No response within the TF 5/9/19 2 UST000057 6/25/2018 140 5/15/18 5/21/18 5 6/25/2018 7/3/18 No response within the TF 3 UST000060 6/25/2018 140 5/15/18 5/21/18 5 6/25/2018 7/3/18 No response within the TF 4 UST000130 6/25/2018 140 5/15/18 5/21/18 5 6/25/2018 7/3/18 No response within the TF 5 UST000241 6/25/2018 190 5/9/18 5/15/18 5 6/25/2018 7/3/18 No response within the TF 6 UST000689 6/25/2018 140 5/4/18 5/9/18 4 6/25/2018 7/3/18 No response within the TF 7 UST001361 6/26/2018 140 5/17/18 5/23/18 5 6/26/2018 7/3/18 No response within the TF 8 UST001864 6/26/2018 140 6/15/18 6/21/18 5 6/26/2018 7/3/18 No response within the TF 9 UST002199 6/26/2018 190 6/5/18 6/11/18 5 6/26/2018 7/3/18 No response within the TF 10 UST011536 7/3/2018 190 6/21/18 6/26/18 4 7/3/2018 7/18/18 No response within the TF 48/61 XXX000000 6/25...
Method of Dispute Resolution. For any Claim subject to, but not resolved by mediation pursuant to this Article 12, the method of binding dispute resolution shall be by litigation in a court of competent jurisdiction.
Method of Dispute Resolution. Motor Carrier has thirty (30) days from the date of an invoice from Provider for Maintenance and Repair charges or Per Diem charges to dispute the invoice, or any portion thereof. All claims must be submitted in writing to Provider’s Dispute department at: <address, fax and email> and must be accompanied by supporting documents, such as gate receipts, service contract numbers, etc. Provider will undertake to reconcile disputed items within thirty (30) days from the date of the notice of dispute and will either provide verification of the charges as invoiced or credit Motor Carrier’s account for any amounts not properly invoiced. Any dispute as to specific invoice charges shall not relieve Motor Carrier from the obligation to pay undisputed charges, without delay or offset, as required by the terms of this Agreement. Provider reserves its rights and remedies under the Agreement, applicable law or other sources to compel and collect payment of unpaid charges. Provider reserves the right to use a designated third party billing vendor. Invoices received from Providers designated third party billing vendor shall be disputed directly with the third party vendor. The method of dispute resolution shall remain in accordance with the process outlined in the Addendum. If the Motor Carrier fails to pay any invoices due under the terms of this Agreement within the due date for payment, Provider may, in addition to its rights in this Agreement and with proper notification to the Motor Carrier in accordance with Section G.14.c. of the UIIA, suspend or deny Motor Carrier’s right to interchange any Provider Equipment until payment of outstanding amounts are received.
Method of Dispute Resolution. Except where provisional relief is requested the parties agree that any controversy or dispute arising from or in connection with this Agreement, its interpretation, performance or termination, shall, upon demand of a party, be submitted to and resolved by binding arbitration. The arbitration shall be conducted pursuant to Part 3, Title 9 of the California Code of Civil Procedure (Sections 1280-1288.8). Discovery, including depositions for the purpose of discovery, shall be broadly permitted, and the provisions of Code of Civil Procedure Section 1283.05 shall apply. Any demand to arbitrate shall be made within one year of the accrual of the claim on which arbitration is sought. The arbitration shall occur in Orange County, California, before a single retired or former judge of the Superior Court of the State of California or the Court of Appeal of the State of California. The parties shall agree upon an arbitrator within twenty-one (21) days after the demand is made, and if the parties fail to so agree, then any of them may apply to the court for an order appointing an arbitrator meeting the requirements of this section. The decision of the arbitrator shall be in writing, shall set forth the facts and reasons supporting it, and shall be final and binding on the parties. The arbitrator shall not have the power to commit errors of law or legal reasoning, or grant relief which would not be legally available if the dispute were litigated. The arbitrator's award shall be subject to confirmation, correction or vacation in accordance with the provisions of Code of Civil Procedure Sections 1284, 1285, 1286.2, 1286.6 and 1287.4. Any application, petition or other proceeding (i) to enforce the award or the provisions of this Agreement, or (ii) to the extent that the arbitrator does not have the power or authority to resolve or grant the relief sought, and/or (iii) for provisional or equitable relief pending appointment of the arbitrator, shall be commenced in the appropriate state or federal courts having jurisdiction in Orange County, California, and the parties hereby consent to jurisdiction and venue in such courts.
Method of Dispute Resolution. Any dispute arising from the performance of this Contract shall be settled through negotiation. If the parties fail to resolve the dispute through negotiation, both parties agree to choose to bring a lawsuit to the People’s court.
Method of Dispute Resolution. The parties shall resolve any dispute by negotiation. If negotiation fails, the parties agree to resolve the dispute by an arbitration body located at where this agreement is entered into.
