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If any dispute, claim or difference arises between the Supplier and the Customer out of or in connection with this agreement, and the total amount in dispute is up to and including £75,000 excluding interest, costs and VAT, the parties shall refer that dispute to Dispute Neutral at www.disputeneutral.com for determination by an independent neutral acting as an expert and not as an arbitrator, subject to Dispute Neutral confirming its willingness to accept the appointment and the independence of the appointed neutral.

If the total amount in dispute is more than £75,000 and up to and including £150,000 excluding interest, costs and VAT, the dispute may be referred to Dispute Neutral only if both parties agree in writing after the dispute has arisen.

No matter shall be referred to Dispute Neutral if it is not suitable or legally capable of determination through the Dispute Neutral service, or if its fair determination requires expert evidence, save for straightforward supporting material of a limited kind, including matters such as a schedule of defects.

Each party shall, within 7 days of a written request by the other, co-operate in good faith and do all things reasonably required to enable the referral to proceed, including completing and signing the applicable Contractual Decision Matrix and paying its required share of the Dispute Neutral fee.

Unless otherwise agreed in writing or provided in the applicable Dispute Neutral process, the parties shall bear the Dispute Neutral fee equally in the first instance.

The neutral’s determination shall be final and binding on the parties, save in the case of fraud or manifest error.

Neither party shall commence court proceedings in relation to a dispute falling within this clause unless:
(a) Dispute Neutral declines to accept the referral;
(b) no independent neutral can reasonably be appointed through Dispute Neutral;
(c) the other party fails within 7 days of written request to complete the Contractual Decision Matrix or otherwise co-operate with the referral;
(d) the dispute is outside the scope of this clause; or
(e) court proceedings are reasonably required for urgent interim relief or to enforce the binding determination.

If either party starts court proceedings in breach of this clause, the other may rely on this clause in seeking a stay, strike-out, dismissal and/or an appropriate costs order, and may claim damages for any additional costs caused by that breach.

Any dispute, claim or difference arising out of or in connection with this Agreement, including any question concerning its existence, validity, interpretation, performance, breach or termination, where the total amount in dispute is up to and including £75,000 excluding interest, costs and VAT, shall be referred to Dispute Neutral at www.disputeneutral.com for determination by an independent neutral acting as an expert and not as an arbitrator, subject to Dispute Neutral confirming its acceptance of the referral and the independence of the appointed neutral.

Any such dispute where the total amount in dispute is more than £75,000 and up to and including £150,000 excluding interest, costs and VAT may be referred to Dispute Neutral only if the parties agree in writing after the dispute has arisen.

No matter shall be referred to Dispute Neutral if it is not suitable or legally capable of determination through the Dispute Neutral service, or if its fair determination requires expert evidence, save for straightforward supporting material of a limited kind, including matters such as a schedule of defects.

Within 7 days of written notice from either party requiring a referral under this clause, each party shall execute the applicable Contractual Decision Matrix, provide such information as is reasonably required to commence the process, and pay its required share of the applicable Dispute Neutral fee.

Unless the Contractual Decision Matrix or final determination provides otherwise, the parties shall bear the Dispute Neutral fee equally in the first instance.

The expert’s determination shall be final and binding on the parties, save in the case of fraud or manifest error.

No party shall commence or continue court proceedings in relation to a dispute within this clause except where:
(a) Dispute Neutral declines or is unable to accept the matter;
(b) no independent neutral can reasonably be appointed through Dispute Neutral;
(c) the other party fails to execute the Contractual Decision Matrix or otherwise materially fails to co-operate with the referral within 7 days of written request;
(d) the dispute is outside the scope of this clause; or
(e) proceedings are reasonably required for urgent interim relief or for enforcement of the expert determination.

A party acting in breach of this clause shall be liable for the additional costs, losses and expenses reasonably incurred by the other as a result of that breach, subject to the court’s control over any costs claimed in proceedings.

The parties agree that any dispute arising out of or in connection with this agreement, where the amount in dispute is up to and including £75,000 excluding interest, costs and VAT, shall be referred to Dispute Neutral at www.disputeneutral.com for determination by an independent neutral acting as an expert and not as an arbitrator, subject to Dispute Neutral accepting the referral and confirming the neutral’s independence.

Any such dispute where the amount in dispute is more than £75,000 and up to and including £150,000 excluding interest, costs and VAT may be referred to Dispute Neutral only if both parties agree in writing after the dispute has arisen.

No matter shall be referred to Dispute Neutral if it is not suitable or legally capable of determination through the Dispute Neutral service, or if its fair determination requires expert evidence beyond simple supporting material such as a schedule of defects.

Each party shall promptly co-operate in completing and signing the applicable Contractual Decision Matrix and paying its required share of the Dispute Neutral fee.

The expert’s determination shall be final and binding, save in the case of fraud or manifest error.

No party shall commence court proceedings in relation to a dispute falling within this clause unless Dispute Neutral declines or is unable to accept the matter, the dispute falls outside the scope of this clause, urgent interim relief is required, or proceedings are needed to enforce the determination.