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Model Clause: Australian Commercial Disputes Centre

  • ACDC Dispute Resolution Sample Clauses

    1. Mediation

    a) If a dispute arises out of or relates to this agreement, or the breach, termination, validity or subject matter thereof, or as to any related claim in restitution or at law, in equity or pursuant to any statute, the parties to the agreement and the dispute expressly agree to endeavour to settle the dispute by mediation administered by the Australian Commercial Disputes Centre (ACDC) before having recourse to arbitration or litigation.

    b) The mediation shall be conducted in accordance with the ACDC Guidelines for Commercial Mediation which are operating at the time the matter is referred to ACDC. 

    c) The Guidelines set out the procedures to be adopted, the process of selection of the mediator and the costs involved.

    d) The terms of the Guidelines are hereby deemed incorporated into this agreement. 

    This clause shall survive termination of this agreement. 

    2. Mediation followed by Expert Determination

    If a dispute arises out of or relates to this agreement, or the breach, termination, validity or subject matter thereof, or as to any related claim in restitution or at law, in equity or pursuant to any statute, the parties to the agreement and the dispute expressly agree to endeavour to settle the dispute by mediation administered by the Australian Commercial Disputes Centre (ACDC) and in the event that the mediation is unsuccessful to submit the dispute to expert determination. 

    a) The mediation shall be conducted in accordance with the ACDC Guidelines for Commercial Mediation which are operating at the time the dispute is referred to ACDC.  The Guidelines set out the procedures to be adopted, the process of selection of the mediator and the costs involved. The terms of the Guidelines are hereby deemed incorporated into this agreement.   The terms of the Guidelines are hereby deemed incorporated into this agreement.

    b) In the event that the dispute has not settled within twenty-eight (28) days after appointment of the mediator, or such other period as agreed to in writing between the parties, the dispute shall be submitted to expert determination in [insert location of the expert determination] administered by ACDC conducted in accordance with the ACDC Rules for Expert Determination, which are operating at the time the dispute is referred to ACDC.  The Rules set out the procedures to be adopted, the process of selection of the expert and the costs involved.  The terms of the Rules are hereby deemed incorporated into this agreement.

    c) The expert shall not be the same person as the mediator.

    d) This clause shall survive termination of this agreement. 

    If a dispute arises out of or relates to this agreement, or the breach, termination, validity or subject matter thereof, or as to any claim in tort, in equity or pursuant to any domestic or international statute or law, the parties to the agreement and to the dispute expressly agree to endeavour in good faith to settle the dispute by mediation administered by the Australian Commercial Disputes Centre (ACDC) before having recourse to arbitration or litigation.

    (a) A party claiming that a dispute has arisen, must give written notice to the other parties to the dispute specifying the nature of the dispute.

    (b) On receipt of the notice specified in (a), the parties to the dispute must within seven (7) days of receipt of said notice seek to resolve the dispute.

    (c) If the dispute is not resolved within seven (7) days or within such further period as the parties agree then the dispute is to be referred to ACDC.

    (d) The mediation shall be conducted in accordance with ACDC Mediation Guidelines which set out the procedures to be adopted, the process of selection of the mediator and the costs involved and which terms are hereby deemed incorporated.

    (e) In the event that the dispute has not been settled within twenty-eight (28) days or such other period as agreed to in writing between the parties hereto after the appointment of the mediator the dispute shall be submitted to arbitration administered by ACDC, under the ACDC Arbitration Guidelines which are annexed to this contract [or Rules of the London Court of International Arbitration or United Nations Commission on International Trade Law Rules or the International Chamber of Commerce Rules or Sydney Maritime Arbitration Rules & Terms], which terms are hereby deemed incorporated. The arbitrator shall not be the same person as the mediator.

    (i) Any such arbitration shall be administered by ACDC [if applicable add "acting for the LCIA as its Asia-Pacific Registry"].

    (ii) The appointing authority shall be ACDC [or LCIA in the case of LCIA Rules].

    (iii) The number of arbitrators shall be ____________ one [or three].

    (iv) The place of arbitration shall be ____________ [city and country].

    (v) The language to be used in the arbitral proceedings shall be____________

    (vi) The governing law of this contract shall be the substantive law of____________

    (f) This clause shall not merge upon completion.
    If a grievance arises out of or relates to this agreement, or the breach, termination, validity or subject matter thereof, or as to any claim in tort, in equity or pursuant to any domestic or international statute or law, and if the grievance cannot be settled through negotiation, the parties to the agreement and to the grievance expressly agree to endeavour in good faith to settle the grievance by mediation administered by the Australian Commercial Disputes Centre (ACDC) before having recourse to arbitration, litigation or some other dispute resolution procedure.

    (a) A party claiming that a grievance has arisen must give written notice to the other parties to the grievance specifying the nature of the grievance.

    (b) On receipt of the notice specified in (a) the parties to the dispute must within seven (7) days of receipt of the said notice seek to resolve the dispute.

    (c) If the dispute is not resolved within seven (7) days or within such further period as the parties agree then the dispute is to be referred to ACDC.

    (d) The mediation shall be conducted in accordance with ACDC Grievance Mediation Guidelines which set out the procedures to be adopted, the process of selection of the mediator and the costs involved and which terms are hereby deemed incorporated.

    (e) This clause shall not merge upon completion.
    If a dispute arises out of or relates to this agreement, or the breach, termination, validity or subject matter thereof, or as to any claim in tort, in equity or pursuant to any domestic or international statute or law, the parties to the agreement and to the dispute expressly agree to attempt to settle the dispute by Expert Recommendation administered by the Australian Commercial Disputes Centre (ACDC) before having recourse to arbitration or litigation. Subject to the remaining provisions of this clause, the parties agree to accept the recommendation of the expert as final and binding.

    (a) A party claiming that a dispute has arisen must give written notice to the other parties to the dispute specifying the nature of the dispute.

    (b) On receipt of the notice specified in (a), the parties to the dispute must within seven (7) days of receipt of said notice seek to resolve the dispute.

    (c) If the dispute is not resolved within seven (7) days or within such further period as the parties agree then the dispute is to be referred to ACDC.

    (d) The Expert Recommendation shall be conducted in accordance with ACDC Expert Recommendation Guidelines which set out the procedures to be adopted, the process of selection of the expert and the costs involved and which terms are hereby deemed incorporated.

    (e) If one party decides not to comply with the recommendation, that party shall, subject to paragraph (f), pay all costs of the other party for any subsequent arbitration or litigation. These costs include the costs of solicitors, consultants, barristers and court fees calculated from the date of non-compliance with the recommendation to and including the arbitral or adjudicated determination.

    (f) If the award of the judge or arbitrator improves the position of the non-complying party by at least 2 [or some other amount], the non-complying party is not then required to pay any costs of the complying party.

    (g) At the time of non-compliance with the recommendation, the non-complying party must pay as security a total of any amounts the expert recommended as due to the other party, and $_____________ [an amount agreed to by the parties to this contract and stated in this contract] as costs to the complying party to cover its legal expenses calculated from the time of non-compliance to the time of the arbitrated or adjudicated determination.

    (h) This clause shall not merge upon completion.
    If a dispute arises out of or relates to this agreement, or the breach, termination, validity or subject matter thereof, or as to any claim in tort, in equity or pursuant to any domestic or international statute or law, the parties to the agreement and to the dispute expressly agree to settle the dispute by Expert Determination administered by the Australian Commercial Disputes Centre (ACDC).

    (a) A party claiming that a dispute has arisen, must give written notice to the other parties to the dispute specifying the nature of the dispute.

    (b) On receipt of the notice specified in (a), the parties to the dispute must within seven (7) days of receipt of said notice seek to resolve the dispute.

    (c) If the dispute is not resolved within seven (7) days or within such further period as the parties agree then the dispute is to be referred to ACDC.

    (d) The Expert Determination shall be conducted in accordance with ACDC Expert Determination Guidelines which set out the procedures to be adopted, the process of selection of the expert and the costs involved and which terms are hereby deemed incorporated.

    (e) This clause shall not merge upon completion.
    If a dispute arises out of or relates to this agreement, or the breach, termination, validity or subject matter thereof, or as to any claim in tort, in equity or pursuant to any domestic or international statute or law, the parties to the agreement and to the dispute expressly agree to conduct an Expert Appraisal administered by the Australian Commercial Disputes Centre (ACDC) before having recourse to arbitration or litigation.

    (a) A party claiming that a dispute has arisen, must give written notice to the other parties to the dispute specifying the nature of the dispute.

    (b) On receipt of the notice specified in (a) the parties to the dispute must within seven (7) days of receipt of said notice seek to resolve the dispute.

    (c) If the dispute is not resolved within seven (7) days or within such further period as the parties agree then the dispute is to be referred to ACDC for an Expert Appraisal.

    (d) The Expert Appraisal shall be conducted in accordance with ACDC Expert Appraisal Guidelines which set out the procedures to be adopted, the process of selection of the expert and the costs involved and which terms are hereby deemed incorporated.

    (e) This clause shall not merge upon completion.

    ACDC Dispute Resolution Sample Clauses

    Conciliation 

    a) If a dispute arises out of or relates to this agreement, or the breach, termination, validity or subject matter thereof, or as to any related claim at law, in equity or pursuant to any statute, the parties to the agreement and the dispute expressly agree to endeavour to settle the dispute by conciliation administered by the Australian Commercial Disputes Centre (ACDC) before having recourse to arbitration or litigation.

    b) The conciliation shall be conducted in accordance with the ACDC Guidelines for Commercial Conciliation  which are operating at the time the matter is referred to ACDC,

    c) The Guidelines set out the procedures to be adopted, the process of selection of the conciliator and the costs involved.

    d) The terms of the Guidelines are hereby deemed incorporated into this agreement. 

    This clause shall survive termination of this agreement. 

    ACDC Dispute Resolution Sample Clauses

    1. Mediation

    a) If a dispute arises out of or relates to this agreement, or the breach, termination, validity or subject matter thereof, or as to any related claim in restitution or at law, in equity or pursuant to any statute, the parties to the agreement and the dispute expressly agree to endeavour to settle the dispute by mediation administered by the Australian Commercial Disputes Centre (ACDC) before having recourse to arbitration or litigation.

    b) The mediation shall be conducted in accordance with the ACDC Guidelines for Commercial Mediation which are operating at the time the matter is referred to ACDC. 

    c) The Guidelines set out the procedures to be adopted, the process of selection of the mediator and the costs involved.

    d) The terms of the Guidelines are hereby deemed incorporated into this agreement. 

    This clause shall survive termination of this agreement. 

    2. Mediation followed by Expert Determination

    If a dispute arises out of or relates to this agreement, or the breach, termination, validity or subject matter thereof, or as to any related claim in restitution or at law, in equity or pursuant to any statute, the parties to the agreement and the dispute expressly agree to endeavour to settle the dispute by mediation administered by the Australian Commercial Disputes Centre (ACDC) and in the event that the mediation is unsuccessful to submit the dispute to expert determination. 

    a) The mediation shall be conducted in accordance with the ACDC Guidelines for Commercial Mediation which are operating at the time the dispute is referred to ACDC.  The Guidelines set out the procedures to be adopted, the process of selection of the mediator and the costs involved. The terms of the Guidelines are hereby deemed incorporated into this agreement.   The terms of the Guidelines are hereby deemed incorporated into this agreement.

    b) In the event that the dispute has not settled within twenty-eight (28) days after appointment of the mediator, or such other period as agreed to in writing between the parties, the dispute shall be submitted to expert determination in [insert location of the expert determination] administered by ACDC conducted in accordance with the ACDC Rules for Expert Determination, which are operating at the time the dispute is referred to ACDC.  The Rules set out the procedures to be adopted, the process of selection of the expert and the costs involved.  The terms of the Rules are hereby deemed incorporated into this agreement.

    c) The expert shall not be the same person as the mediator.

    d) This clause shall survive termination of this agreement.