OAR 736-140-0025: 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.