OAR 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.

Source: Rule 137-005-0070 — Contract Clauses Specifying Dispute Resolution, https://secure.sos.state.or.us/oard/view.action?ruleNumber=137-005-0070 (accessed May 26, 2025).

137–005–0010
Use of Collaborative Dispute Resolution Processes 137–005–0020
Assessment for Use of Collaborative DR Process 137–005–0022
Assessment for Use of Collaborative DR Process in Complex Public Policy Controversies 137–005–0030
Agreement to Collaborate 137–005–0040
Selection and Procurement of Dispute Resolution Providers 137–005–0050
Confidentiality of Collaborative Dispute Resolution Communications 137–005–0052
Mediation Confidentiality 137–005–0054
Confidentiality of Workplace Mediations 137–005–0060
Mediation 137–005–0070
Contract Clauses Specifying Dispute Resolution

May 26, 2025

Rule 137-005-0070's source at or.us

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Location: https://oregon.public.law/rules/oar_137-005-0070

Original Source: Rule 137-005-0070 — Contract Clauses Specifying Dispute Resolution, https://secure.sos.state.or.us/oard/view.action?ruleNumber=137-005-0070 (last accessed May 10, 2025).

OAR 137-005-0070 Contract Clauses Specifying Dispute Resolution

(1)

(2)

(3)

(4)

(a)

(b)

(c)

OAR 137-005-0070
Contract Clauses Specifying Dispute Resolution