Procedure for the settlement of disputes
TKI Chemistry will carry out the suitability assessment on behalf of the ‘Topteam Chemie’. TKI Chemistry is an independent, private-law foundation with its own Board of Directors. While TKI Chemistry maintains good relationships with all relevant knowledge and innovation partners, including NWO and TNO, and also has (business) agreements with a number of those, it is nevertheless an entirely separate legal entity. TKI Chemistry will deal with any disputes regarding the performance and/or application of the suitability assessment. The approach it takes in that regard is to prevent disputes from arising and, if they do arise, to resolve them in close consultation.
The TKI’s procedures for the settlement of disputes comprise the following steps:
- If the Programme Board members involved in an assessment have questions about the suitability of an initiative, they will contact the initiators (via TKI Chemistry). By means of mutual consultation, the initiators and the Programme Board members concerned will attempt to arrive at satisfactory solutions. Possible outcomes include both a fine-tuning of the provisional judgement by the Programme Board and a (partial) adjustment of the proposal by the applicant. If a satisfactory solution is not found within a reasonable period of time, Step 2 will go into effect:
- The Programme Board members will inform the director of TKI Chemistry about the situation without delay. The director will mediate and help in looking for a satisfactory solution. If such a solution is not found within a reasonable period of time, Step 3 will go into effect:
- The applicant will propose one external expert who has no connection with the project. TKI Chemistry will do the same. Both of the external experts will engage with the Programme Board members concerned, the applicant and the TKI director. Under the direction of the external experts, the parties concerned will come to a satisfactory solution. If such a solution is not found within a reasonable period of time, the final step will go into effect:
- The external experts will refer the case to the Board of Directors of TKI Chemistry. The Board of Directors will listen to the applicant, the Programme Board members concerned, the TKI director and the external experts. The Board of Directors will then give a fully reasoned judgement of ‘suitable’ or ‘not suitable’. The decision of the Board of Directors is final and binding. No objections to or appeals against their decision are possible.