Kitsumkalum Agreement-in-Principle
c)
negotiate in good faith.
Settlement Agreement
27.
Any agreement reached in a process under this Chapter:
a)
b)
will be:
i)
recorded in writing;
ii)
signed by authorized representatives of the Parties to the agreement;
iii)
delivered to all Parties; and
is binding only on the Parties who have signed the agreement.
Stage Three: Adjudication - Arbitration
28.
If a Disagreement arising out of any provision of the Final Agreement provides that a matter
will be “finally determined by arbitration”, the Disagreement will, on the delivery of a notice by
a Party directly engaged in the Disagreement, to all Parties as required under Appendix J-5, be
referred to and finally resolved by arbitration in accordance with that Appendix.
29.
A Disagreement, other than a Disagreement referred to in paragraph 28, and with the written
agreement of all Parties directly engaged in the Disagreement, the Disagreement will be referred
to, and finally resolved by, arbitration in accordance with Appendix J-5.
30.
If two Parties make a written agreement under paragraph 29, they will deliver a copy of the
agreement as soon as practicable to the Party that was not directly engaged in the Disagreement.
31.
Upon delivering a written notice to the participating Parties to the arbitration within 15 days
after receiving a notice under paragraph 28 or copy of a written agreement under paragraph 30,
a Party not directly engaged in the Disagreement is entitled to be, and will be added as, a party
to the arbitration of that Disagreement whether or not that Party has participated in collaborative
negotiations or a required facilitated process.
32.
Notwithstanding paragraph 31, an arbitral tribunal may make an order adding a Party as a
participating Party at any time, if the arbitral tribunal considers that:
a)
the participating Parties will not be unduly prejudiced; or
b)
the issues stated in the pleadings are materially different from those identified in the
notice to arbitrate under paragraph 28 or the written agreement to arbitrate in paragraph
29,
and, in that event, the arbitral tribunal may make any order it considers appropriate or necessary
in the circumstances respecting conditions, including the payment of costs, upon which the
Party may be added.
Effect of Arbitral Award
33.
An arbitral award is final and binding on all Parties whether or not a Party has participated in
the arbitration.
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