Or. Admin. Code § 137-005-0070 - Contract Clauses Specifying Dispute Resolution
(1) The agency may specify or require any
form of dispute resolution except binding arbitration as a condition of a
contract.
(2) The agency may
specify binding arbitration by contract only if the Attorney General has
approved the contract containing the clause specifying binding arbitration and
the clause itself for legal sufficiency.
(3) The agency may provide for the resolution
of technical, scientific or accounting matters of fact by requiring the
submission of such matters to a neutral fact finder selected and appointed as
specified in a contract clause.
(4)
The specification of a method of dispute resolution in a contract clause does
not:
(a) Remove the requirement to provide
notices or filings or to meet deadlines otherwise required by law, regulation
or contract provision;
(b)
Constitute a waiver of the sovereign immunity of the State of Oregon;
or
(c) Prohibit the participants
from entering into an agreement to use any other method of dispute resolution
that appears to be more suitable for the particular dispute in lieu of or in
addition to the method specified by contract.
Notes
Stat. Auth.: ORS 183.341 & ORS 183.502
Stats. Implemented: ORS 183.502
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