CEDR Three Stage Dispute Resolution Clause

  1. If any dispute arises in connection with this agreement, directors or other senior representatives of the parties with authority to settle the dispute will, within [ ] days of a written request from one party to the other, meet in a good faith effort to resolve the dispute.

2.a.If the dispute is not resolved at that meeting, the parties will attempt to settle it by mediation in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator will be nominated by CEDR Ireland. To initiate the mediation a party must give notice in writing (‘ADR notice’) to the other party(ies) to the dispute requesting a mediation. A copy of the request should be sent to CEDR Ireland. The mediation will start not later than [ ] days after the date of the ADR notice.

2.b.No party may commence any court proceedings / arbitration in relation to any dispute arising out of this agreement until it has attempted to settle the dispute by mediation and either the mediation has terminated or the other party has failed to participate in the mediation, provided that the right to issue proceedings is not prejudiced by a delay.

3.If the dispute is not resolved within [ ] days, or one or more of the Parties refuses to participate in mediation, the dispute shall be referred to CEDR Ireland for arbitration in accordance with The Arbitration Act of 2010 and a sole arbitrator appointed by CEDR Ireland. Nothing in this clause shall prevent any Party seeking a preliminary injunction or other judicial relief at any time if, in its judgement, such an action is necessary to prevent irreparable damage.

Governing Law and Jurisdiction Clause

The laws of the Republic of Ireland govern this Agreement and the resolution of any disputes arising from it shall be subject to the exclusive jurisdiction of the courts of the Republic of Ireland, failing appropriate resolution in the terms of Clause [insert ADR / arbitration clause number] above.

© CEDR 2012

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