Option 1
In the event that the parties are unable to reach agreement when discussing a review in terms of Clauses 2 and 3 hereof, they agree to remit the matter to arbitration in the first instance as follows. They shall appoint as Arbitrator, and by mutual agreement, a member of FLAGS (Family Law Arbitration Group Scotland). Failing agreement on choice of Arbitrator, an Arbitrator will be appointed by the Chair of FLAGS (Family Law Arbitration Group Scotland). The arbitration will be conducted in accordance with the Rules and Practice Directions issued by FLAGS at the material time and the parties will enter into an agreement to arbitrate issued by the relevant Arbitrator which agreement shall deal with the procedural and other arrangements to apply in their particular circumstances. The parties acknowledge that in proceeding with Arbitration they seek to find an efficient, quick and cost effective means of resolving their differences. Notwithstanding the foregoing, either party shall have the option of seeking a remedy in a court of competent jurisdiction, and without prejudice to the court’s powers to award expenses.
Option 2
In the event that any dispute or difference arises between the parties on the interpretation or any variation of this Agreement, the same shall be referred for determination to a mutually chosen Family Law Arbitrator who is a member of the Family Law Arbitration Group (Scotland) (FLAGS) and whose decision will be binding upon the parties. Failing agreement on the choice of Arbitrator, the appointment will be determined by the Convenor of FLAGS.
Option 3
In the event of dispute arising between the parties in respect of this Agreement or variation of it, that dispute shall be referred for determination to a mutually chosen Family Law Arbitrator who is a member of the Family Law Arbitration Group (Scotland) (FLAGS) or its successors. Failing agreement on the choice of Arbitrator, the appointment will be determined by the Convenor of FLAGS.
