1. Applicable law:
Your membership is governed by Irish law. Any dispute that cannot
otherwise be resolved will be dealt with by courts in Ireland.
2. Arbitration:
a) Any differences in respect of medical opinion in connection with the results of an
accident or medical condition must be notified to us within nine weeks of the decision.
Such differences will be settled between two medical experts appointed by you and us
in writing.
b) If differences can not be resolved in accordance with Clause 2.a above, the Parties shall
attempt to settle by mediation in accordance with the Centre for Effective Dispute
Resolution (CEDR) Model Mediation Procedure any dispute, controversy or claim arising
out of or relating to this Agreement or the breach, termination or invalidity thereof
where the value is €500,000 or less and which cannot be settled amicably between the
Parties. The Parties shall endeavour to agree on the appointment of an agreed Mediator.
Should the Parties fail to agree the appointment of an agreed Mediator within 14 days,
either Party, upon written notice to the other Party, may apply to CEDR for the
appointment of a Mediator.
To initiate the mediation, a Party must give notice in writing (“ADR notice”) to the other
Party to the dispute, requesting mediation. A copy of the request should be sent to
CEDR. The mediation will start no later than 14 days after the date of the ADR notice.
No Party may commence court proceedings/arbitration relating to any dispute
pursuant to this Clause 2.b until it has attempted to settle the dispute by mediation and
either the mediation has terminated or the other Party has failed to participate in the
mediation (provided that the right to issue proceedings is not prejudiced by a delay).
The mediation will take place in Dublin (Ireland) and the language of the mediation will
be English. The Mediation Agreement referred to in the Model Procedure shall be
governed by, and construed and take effect in accordance with the laws of Ireland.
The Courts of Ireland shall have exclusive jurisdiction to settle any claim, dispute or
matter of difference which may arise out of, or in connection with, the mediation.
Additional terms
The following are important additional terms that apply to your policy with us:
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