Kurallar

19.2 Mediation

19.2.1. If the parties are unable to settle any dispute by amicable settlement under Article 19.1 within 21 days the Parties agree to submit the matter to mediation in accordance with the ICC Amicable Dispute Resolution Rules. If the dispute has not been settled pursuant to the said Rules within 30 days following the filing of a Request for ADR (ADR Notice) by a Party through its Managing Director or within such other period as the Parties may agree in writing, such dispute shall be finally settled in accordance with Article 19.3 below.

19.2.2. If there is any point on the conduct of the mediation (including as to the nomination of the mediator) upon which the parties cannot agree within 14 days from the date of the ADR notice, Ankara Bar Association ADR Center will, at the request of any party, decide that point for the parties, having consulted with them.

19.2.3. The mediation will start not later than 30 days after the date of the ADR notice.

19.2.4. The commencement of mediation will prevent the parties commencing or continuing arbitration.

19.2.5. Any party which commences arbitration must institute mediation on the other party to the arbitration within 21 days.

19.2.6. No party may commence arbitration in relation to any dispute arising out of this agreement until they have attempted to settle it by mediation and that mediation has terminated.

19.2.7. Neither party may terminate the mediation until each party has made its opening presentation and the mediator has met each party separately for at least one hour.

19.2.8. If no amicable settlement is reached within 90 days after the first requirement for settlement both parties agree to submit the dispute to arbitration under clause 19.3.

19.3. Litigation

19.3.1. Either Party may give notice in writing to the other (a "Notice of Litigation") requiring the dispute to be referred to litigation. The dispute shall then be exclusively and finally settled by litigation. However disputes that involve issues under the exclusive power of the Azerbaijan law will not allowed to resolve in Turkish courts or in accordance with Turkish Law.

19.3.2.

19.3.3. Litigation shall take place in Ankara, Turkey. The law applicable to the substance and the procedure of the dispute between the Parties shall be Turkish Law.

19.4. Continued Performance

Neither Party hereto shall suspend or delay the performance of its obligations in terms of this Contract by reason of any dispute or whilst a matter is under litigation.