A rbitration. If there is any dispute arising out of this Submission Agreement, or the Program, including a dispute about the validity, operation, meaning or breach hereof, the dispute between the parties (the “Dispute”) shall be submitted to final and binding arbitration, which shall constitute the sole dispute resolution mechanism hereunder and Writer irrevocably waives any rights to seek other relief at law or equity. The arbitration shall be controlled by the terms of this agreement, on an individual and not class basis only, and any award favorable to Writer shall be limited to the fixing of compensation for Company’s use of the submitted Material, which shall bear a reasonable relation to compensation normally paid to persons of Writer’s present stature and experience for Company’s use of similar material. The arbitration shall be initiated and conducted according to the JAMS Streamlined (for claims under $250,000) Arbitration Rules and Procedures, except as modified herein and except that the arbitrator shall be an arbitrator experienced in the entertainment industry and licensed to practice law in California or a retired judge, including the Optional Appeal Procedure, at the Los Angeles office of JAMS, or its successor (“JAMS”) in effect at the time the request for arbitration is made (the “Arbitration Rules”). The arbitration shall be conducted in Los Angeles County before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator shall follow California law and the Federal Rules of Evidence in adjudicating the Dispute. The parties waive the right to seek punitive damages and the arbitrator shall have no authority to award such damages. The arbitrator's decision and authority shall be controlled by the terms of this agreement. No award may exceed the minimum rate that would be due, if any, under the Writers Guild of America Theatrical and Television Basic Agreement in effect as of the date hereof (the “WGA Agreement”), for the relevant network, time period, and type of program (so-called "bargain rates," and not to include minimums payable for pilot scripts, back-up scripts or spin-offs). Writer agrees that Writer can suffer no damages in excess of these amounts from Company’s use of the Material or for any other claim with respect to it. Writer understands that Writer’s sole remedy in any arbitration or any other proceeding relating to this agreement or the Material is money damages; in particular, Writer expressly waives th...
A rbitration. Any dispute concerning the interpretation or application of the provisions of this Sideletter, including the alleged breach of its terms, shall be subject to the dispute resolution procedures set forth in Attachment 2 (“Rules Governing Arbitration”) to the Franchise Agreement.
A rbitration. Any disputes, differences or questions, which may arise at any time hereafter between the Company and the Subscriber touching the true construction of this Agreement or performance of the obligations or enforcing any rights and/or liabilities of the Parties hereunder, shall be first amicably resolved between the Parties within 30 (thirty) days from the date on which such dispute was raised by a Party and communicated to the other Party in writing failing which the dispute shall be referred to a sole arbitrator of the Indian Council of Arbitration (ICA). The arbitration shall be conducted in accordance with the Rules of Arbitration of the Indian Council of Arbitration and shall be subject to the provisions of the Arbitration and Conciliation Act, 1996, as amended or any statutory modifications or re-enactment thereof for the time being in force. The venue of such arbitration shall be at Mumbai and the Courts at Mumbai alone shall have exclusive jurisdiction to deal with the arbitration proceedings and the awards in accordance with law. The arbitration proceedings shall be conducted in English language. The award passed by the arbitrators shall be final and binding upon the Parties.
A rbitration. 1. If the Parties fail to resolve the Dispute in mediation, and a Party desires to pursue resolution of the Dispute, the Dispute shall be submitted by either Party for resolution in arbitration pursuant to the then current CPR Non - Administered Arbitration Rules (“ CPR Rules ”) (www . cpradr . org), except where they conflict with these provisions, in which case these provisions control . The arbitration will be held in New York, New York . All aspects of the arbitration shall be treated as confidential . 2. The arbitrators will be chosen form the CPR Panel of Distinguished Neutrals, unless a candidate not on such panel is approved by both Parties . Each arbitrator shall be a lawyer with at least 15 years experience with a law firm or corporate law department of over 25 lawyers or who was a judge of a court of general jurisdiction . To the extent that the Dispute requires special expertise, the Parties will so inform CPR prior to the beginning of the selection process . 3. The arbitration tribunal shall consist of three arbitrators, of whom each Party shall designate one in accordance with the “screened” appointment procedure provided in CPR Rule 5 . 4 . The chair will be chosen in accordance with CPR Rule 6 . 4 . 4. If, however, the aggregate award sought by the Parties is less than $ 5 million and equitable relief is not sought, a single arbitrator shall be chosen in accordance with the CPR Rules . 5. Candidates for the arbitrator position(s) may be interviewed by representatives of the Parties in advance of their selection, provided that all Parties are represented .
A rbitration. If the Association is not satisfied with the disposition of the Assistant Superintendent, the grievance may be submitted to its Voluntary Labor Arbitration Association in accordance with its Voluntary Labor Arbitration Rules, provided such request is made within thirty (30) calendar days of receipt of the Assistant Superintendent’s disposition.
a. The powers and authority of the arbitrator are subject to the following limitations:
i. The arbitrator shall have no authority to add to, subtract from, change or modify any provision of this Agreement, but shall be limited solely to the interpretation and application of the provisions contained herein.
ii. The arbitrator shall have no authority to consider or rule on any employee’s evaluation and/or rule on the continued employment of a probationary employee.
iii. The arbitrator shall have no authority to change a practice, policy or rule of the Board nor substitute his/her judgment for that of the Board or as to the reasonableness of any action taken by the Board, except when such practice, policy or rule is specifically limited by the terms of this Agreement.
iv. The decision of the arbitrator may be appealed by either party to this agreement provided such appeal is filed with a court of competent jurisdiction within (20) calendar days after receipt of the arbitrator’s decision. In the event neither party to this Agreement appeals the arbitrator’s decision within the two (2) day appeal period, the arbitrator’s decision shall become final and binding thereafter.
A rbitration. If the parties are unable to resolve a dispute arising under the terms of this EPA, either party may submit the unresolved dispute about compliance with or construction of this EPA for final and binding resolution by a mutually agreed permanent arbitrator selected for deciding any dispute under the EPA. The Arbitrator shall have discretion to establish procedures for the resolution of such disputes that may include submission of evidence by the parties, and is authorized to develop and order remedies. All such disputes shall be resolved within fourteen days of submission of the issue, unless the issue concerns an alleged violation pertaining to conduct raised before the election, in which case the Arbitrator shall rule within twenty-four hours of the submission of the issue to the Arbitrator. The parties waive any and all rights they might otherwise have to appeal or in any way contest the decision of the Arbitrator.
A rbitration. Any dispute, difference, controversy or claim touching or arising out of or relating to any contract for the sale of Deliverables hereunder or a breach thereof, which cannot be resolved over a period of at least ninety days shall be resolved by arbitration conducted in the English language in Seattle, Washington and administered by American Arbitration Association ("AAA") or Judicial Arbitration and Mediation Service ("JAMS"). There shall be a single arbitrator appointed by the AAA/JAMS. The prevailing party in any such proceeding shall be entitled to an award of its reasonable attorneys' fees and other costs, including the fees and expenses of the arbitrator and AAA/JAMS, provided that the same may be apportioned by the arbitrator if he or she determines that each party has prevailed in part. The arbitrator's decision shall be final and binding upon the parties, and the award made by the arbitrator may be filed in any court of competent jurisdiction and execution issued thereof. Nothing in this paragraph shall limit the right of Company to exercise at any time self-help remedies under the UCC as adopted in Washington.
A rbitration. Any dispute under this Agreement or in any way related to the MISMO eMortgage Technology Certification shall be resolved by binding arbitration before a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator will be someone knowledgeable in the industry, selected by mutual agreement of the parties negotiating in good faith. Any arbitration hearing at which Applicant appears will take place within the District of Columbia, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction over such party. The arbitrator shall have no power or authority to make any award that provides for punitive or exemplary damages. Each party shall bear its own costs in connection with any arbitration proceedings. The parties shall equally share the fees of the arbitration and the arbitrator. This arbitration provision is agreed to and made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“F AA”). The arbitrator shall follow existing substantive law of the District of Columbia, without regard to its choice or conflict of laws provisions, to the extent consistent with the FAA, and applicable statutes of limitations and shall honor any claims or privilege recognized by law. If any party requests, the arbitrator shall write an opinion containing the reasons for the award. NO CLAIM SUBMITTED TO ARBITRATION IS HEARD BY A JURY, AND NO CLAIM MAY BE BROUGHT AS A CLASS ACTION OR AS A PRIVATE ATTORNEY Certification Program and all of their officers, directors, employees and agents if, and only if, such a third party is named by Applicant as a co-defendant in any Claim Applicant asserts against us. If any part of this arbitration provision is found to be invalid or unenforceable under any law or statute consistent with the FAA, the remainder of this arbitration provision shall be enforceable without regard to such invalidity or unenforceability.
A rbitration. 1. A grievance as defined in Article 10 which has not been resolved thereunder and where a party desires to arbitrate the matter shall, within twenty-one (21) calendar days after the completion of Step 3 of the Grievance Procedure, be referred for arbitration by the Union or the Employer by directing a written demand therefor to the American Arbitration Association (AAA), with a copy of said notice to the other party. The arbitrator shall be selected from a panel of arbitrators furnished by AAA. The arbitration and selection of the arbitrator shall be conducted in conformity with AAA rules; provided, however, the parties shall request from AAA a list of twelve arbitrators located within one hundred twenty-five (125) miles of the greater Cincinnati area.
A rbitration. (a) In the event of failure to reach agreement on any grievance filed and of either party wishing to proceed, the party shall refer the matter to arbitration by a single arbitrator selected in rotation from the following list:
1. Xxx Xxxxxxxx
2. Xxxxxxx Xxxxxxx
3. Xxxxxxx X. Ready
