37. Disputes
37.1
This Condition does not apply to the service of legal proceedings or any documents in any legal action, arbitration or dispute resolution. Any claim, dispute or difference (whether contractual or non-contractual) arising out of or in connection with this Contract or in connection with the negotiation, existence, legal validity, enforceability or termination of this Contract (‘Dispute’) shall be dealt with as follows:
37.1.1 In the first instance it shall be escalated to senior representatives of the Parties who have authority to settle the Dispute, will within 21 days of a written request by the other Party, meet in good faith to resolve the Dispute through commercial negotiation.
37.1.2 If the Parties cannot resolve the Dispute via commercial negotiation, they can attempt to settle it by mediation. If the Parties cannot agree a Mediator, then this will be nominated by the Law Society of Northern Ireland’s mediation service.
37.1.3 The Council shall have the right to refer the Dispute to arbitration. The place of arbitration shall be Belfast and the proceedings shall be in English.
37.1.4 Unless the Council refers the Dispute to arbitration, then the Courts of Northern Ireland shall have exclusive jurisdiction to determine the Dispute, grant remedies and/or other relief.
37.1.5 The Contractor cannot suspend the performance of this Contract during any Dispute.
