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Biblioteca de Cláusulas

Dispute Resolution Exemplos de Cláusulas

A contractual provision establishing the process for resolving disagreements between the parties, including negotiation, mediation, or litigation.

18 exemplosFonte: SEC EDGAR

Dispute Resolution Clause Overview

A dispute-resolution clause lays out the process the parties must follow if a disagreement arises, which might include informal negotiation, mediation, arbitration, or litigation, often in a specified sequence.

It's included so that, if things go wrong, both sides already know the agreed process rather than defaulting straight to a lawsuit, which can be slower and more adversarial than alternatives the parties might prefer.

Check whether the steps are mandatory prerequisites to litigation (some require attempting negotiation or mediation first) and how this clause relates to any separate arbitration clause. The two are often combined, with arbitration as a final, binding step after earlier stages fail.

Amostras de Cláusulas - Dispute Resolution

ROCKET COMPANIES, INC.Lease Amendment Agreement
If any dispute shall arise as to whether Landlord has so completed the Premises on the date of such completion, the matter shall be submitted to Landlord's Architect for its determination and its decision shall be binding upon the parties.
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TIMBERLINE RESOURCES CORPLimited Liability Company Agreement2020-01-10DEGold and Silver Ores
Any controversy, claim or dispute between or among two or more of the Members, any Indemnified Member Party, any assignee or successor of a Membership Interest that has not been admitted as a Member, the Management Committee, the Company and any of their respective Affiliates (each, a 'Dispute Party') (but excluding any controversy, claim or dispute to which all of the parties are any one Member or the Management Committee and its Indemnified Member Parties or its Affiliates) arising out of, relating to or in connection with the Company, Operations or this Agreement (a 'Dispute'), and that is not otherwise settled by agreement between or among such parties, shall be exclusively and finally resolved pursuant to the provisions and procedures set forth in this Article XI.
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NORTRAN PHARMACEUTICALS INCCorporate By-Laws
In the case of any dispute as to the admission or rejection of a vote, whether by show of hands or on a poll, the chairman shall determine the same, and his determination made in good faith is final and conclusive.
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17 EDUCATION & TECHNOLOGY GROUP INC.Preferred Share Purchase Agreement
All disputes and controversies arising out of or in connection with this Agreement shall be finally resolved by arbitration administered by the Hong Kong International Arbitration Center in Hong Kong under the Hong Kong International Arbitration Center Administered Arbitration Rules (the "Rules") in force when the Notice of Arbitration (as defined by the Rules) is submitted in accordance with the Rules. For the purpose of such arbitration, there shall be three arbitrators to form an arbitration board, with one being appointed by all claimants collectively, one being appointed by all respondents collectively, and the third being selected by the Chairman of the Hong Kong International Arbitration Centre.
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ACHAOGEN, INC.Collaborative Development and Commercialization Agreement2017-05-08DEPharmaceutical Preparations
The JPT and the Functional Leaders will cooperate with each other and work in good faith to resolve any disagreements between them or their respective teams. Any such disagreements that are not resolved by the JPT shall be raised to the Alliance Managers for internal escalation if needed.
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ADVANSIX INC.Transition Services Agreement2016-07-25DEPlastic Materials, Synth Resins & Nonvulcan Elastomers
If the Dispute has not been resolved within 60 days of the appointment of a Mediator, or within 90 days of receipt by a Party of a Mediation Request (whichever occurs sooner), or within such longer period as the Parties may agree to in writing, then any Party may file an action on the Dispute in any court having jurisdiction in accordance with Section 11.10(c).
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ALIMERA SCIENCES INCManufacturing Services Agreement2020-11-03DEPharmaceutical Preparations
The Parties will attempt to resolve all disputes arising out of or in connection with this Agreement through formal negotiation between senior executives of each Party prior to initiating any other dispute-resolution process, including prior to instituting any process before any court or other governmental authority. Within fifteen (15) days of receipt of notice from a Party seeking to resolve a dispute, the Parties will meet at a mutually agreeable time and location, including through virtual means, to attempt to resolve the noticed dispute. It the Parties are unable to resolve the dispute within sixty (60) days of notice, either Party may seek alternative means of resolution, including initiating an appropriate process with a court or other governmental authority having jurisdiction. Nothing in this paragraph shall prevent a Party from seeking a preliminary injunction in an appropriate case while the Parties seek to resolve the related dispute.
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APTORUM GROUP LTDMaster Service Agreement
All disputes in connection with this Agreement or the execution thereof shall be settled through friendly negotiations. In case no settlement can be reached through negotiations, the case should then be submitted for arbitration to China International Economic and Trade Arbitration Commission Shanghai Commission in accordance with its rules. The arbitration shall take place in Shanghai and the decision rendered by the said Commission shall be final and binding upon both parties. The arbitration fee shall be borne by the losing part.
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APTEVO THERAPEUTICS INC.Product License Agreement2016-06-29DEPharmaceutical Preparations
Any Dispute shall be resolved in accordance with the procedures set forth in Article VIII of the SDA, which shall be the sole and exclusive procedures for the resolution of any such Dispute unless otherwise specified herein or in Article VIII of the SDA.
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APPTIO INCInvestors' Rights Agreement2016-08-26DEServices-Prepackaged Software
In the event of a dispute regarding the proper amount of Direct Expenses payable by Tenant, a final and binding determination shall be made by an independent certified public accountant (the 'Accountant') jointly selected by Landlord and Tenant. If the determination by the Accountant reflects that Direct Expenses were overstated by more than two percent (2%), the cost of the Accountant and the determination shall be paid for by Landlord. If the audit reveals that Landlord has overcharged or undercharged Tenant, Landlord shall reimburse Tenant the amount of the overcharge or Tenant shall pay the amount of the undercharge, as applicable. Tenant acknowledges that its sole right to inspect Landlord's books and records and contest the amount of Direct Expenses payable by Tenant is as set forth in this section, and Tenant waives any other rights to inspect such books and records and contest the amount of Direct Expenses payable by Tenant.
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ASSETMARK FINANCIAL HOLDINGS, INC.Master Services Agreement2019-06-24DEInvestment Advice
Any dispute arising out of or relating to this Agreement shall be resolved by binding arbitration by three arbitrators in accordance with the CPR Institute for Dispute Resolution Rules for Non-
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BAKER HUGHES INCIntellectual Property Cross License Agreement2017-07-03DEOil & Gas Field Machinery & Equipment
Any dispute, controversy or claim arising out of or relating to this Agreement or the validity, interpretation, breach or termination of any provision of this Agreement ('Dispute') shall be resolved in accordance with Exhibit A.
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BELLRING BRANDS, INC.Master Services Agreement
In the event that the parties are unable to agree upon any matters related to the performance of Services under this Agreement, the disputed matter will be first referred to the Service Managers for resolution. If a mutually acceptable agreement is not reached within a reasonable time, the matter will then be referred to the applicable senior management at each party hereto for resolution. Thereafter, the parties may seek the other rights and remedies available to such party. This Section 3.3 in no way limits, delays or restricts a party's ability to seek specific performance, injunctive relief or other equitable relief as provided under Section 12.12.
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BIOCERES S.A.Stock Option Incentive Plan
Any dispute as to the scope or interpretation of the provisions of this Stock Option Plan and the Option Agreements shall be, in all matters permitted by the law, determined by the Committee or, failing that, shall be irrevocably submitted to the jurisdiction of the arbitration tribunal of the arbitration center at the Stock Exchange of Buenos Aires, in accordance with Article 46 of the Capital Market Law.
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BIOCERES S.A.Stock Option Incentive Plan
Any dispute as to the scope or interpretation of the provisions of this Agreement shall be, in all matters permitted by the law, determined by the Committee or, failing that, through a process of arbitration by the arbitration center at the Stock Exchange of Buenos Aires, in accordance with Section 46 of the Capital Market Law.
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ACETO CORPAsset Purchase Agreement2019-02-20NYWholesale-Drugs, Proprietaries & Druggists' Sundries
The Buyer shall receive the benefits and burdens of the Assumed Liabilities and if the Buyer disputes any alleged charge, credit or payment under any of the Assumed Liabilities and the parties are unable to come to an agreement regarding the amount owed, the dispute may be adjudicated by the Bankruptcy Court or any other court of competent jurisdiction.
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ADIAL PHARMACEUTICALS, L.L.C.Promissory Note2017-05-12DEPharmaceutical Preparations
If the parties cannot agree on the portion of the Bundled Product represented by the Licensed Product(s), the matter shall be submitted to an arbitrator per Section 9.2 for final determination.
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ADVANSIX INC.Transition Services Agreement2016-07-25DEPlastic Materials, Synth Resins & Nonvulcan Elastomers
If the Dispute has not been resolved within 60 days of the appointment of a Mediator, or within 90 days of receipt by a Party of a Mediation Request (whichever occurs sooner), or within such longer period as the Parties may agree to in writing, then any Party may file an action on the Dispute in any court having jurisdiction in accordance with Section 11.10(c).
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Todos os exemplos de cláusulas são provenientes de registros públicos do SEC EDGAR. Estas cláusulas são fornecidas apenas para fins educacionais e de referência e não constituem aconselhamento jurídico. Sempre consulte um advogado qualificado antes de usar qualquer cláusula em seus contratos.

Perguntas Frequentes

O que é a cláusula Dispute Resolution?
A contractual provision establishing the process for resolving disagreements between the parties, including negotiation, mediation, or litigation.
Quando é que um contrato incluiria a cláusula Dispute Resolution?
As partes normalmente adicionam uma cláusula como esta quando a questão subjacente é suficientemente importante para que queiram que o próprio acordo estabeleça uma posição clara e negociada, em vez de a deixar à interpretação, ao costume da indústria ou a qualquer regra padrão que de outra forma se aplicaria. A especificidade da redação geralmente reflete o quanto este ponto foi importante na negociação.
O que devo observar ao analisar a cláusula Dispute Resolution?
A redação para este tipo de cláusula varia muito entre contratos, escopo, condições de acionamento, exceções e quaisquer termos definidos relacionados são frequentemente muito negociados. Ao revisar uma, compare-a com suas próprias prioridades, em vez de assumir que uma versão padrão ou "de mercado" se aplica, e verifique como ela interage com outras cláusulas no mesmo acordo.
Esta cláusula é legalmente exigida e posso simplesmente copiar um exemplo para o meu contrato?
Se uma cláusula como esta é necessária e exatamente como deve ser redigida, depende do contrato, da indústria e das leis que se aplicam a esse acordo específico. Os exemplos nesta página são para educação geral e referência, não para aconselhamento jurídico, portanto, para um contrato que você pretende assinar, peça a um advogado qualificado para revisar a linguagem específica.

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