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electra_dispute_clause

Electra Dispute Clause

20.	Dispute Resolution

20.1	If at any time there is a dispute, question or difference of opinion ("Dispute") between the parties concerning or arising out of this Agreement or its construction, meaning, operation or effect or concerning the rights, duties or liabilities of any party, one party may serve a written notice on the other party setting out details of the Dispute. Thereafter:

(a)	senior management of each party will try to resolve the Dispute through friendly discussions for a period of thirty (30) days after the date of receipt of the notice; and

(b)	if senior management of each party are unable to resolve the Dispute under Section 20.1(a), 

it shall be referred to arbitration in accordance with the Rules for the Conduct of Commercial Arbitrations of the Institute of Arbitrators and Mediators Australia. 

The number of arbitrators shall be 1. 

The place of arbitration shall be Melbourne, Australia. 

The language of arbitration shall be English. 

The arbitral award shall be final and binding upon both parties.

20.2	Pending the resolution of the Dispute under Section 20.1, the parties shall continue to perform their obligations under this Agreement without prejudice to a final adjustment in accordance with any award.

20.3	Nothing in this Section 20 prevents a party seeking injunctive or declaratory relief in the case of a material breach or threatened breach of this Agreement.

...

25.	Governing law and Jurisdiction

This Agreement is governed by the laws of Victoria, Australia. 

Subject to Section 20, the parties irrevocably submit to the courts of Victoria, and any courts of appeal from such courts, in relation to the subject matter of this Agreement.

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