AAA Arbitration. The arbitration shall be administered by the American Arbitration Association, and the arbitrator shall be selected from a list of arbitrators provided by the American Arbitration Association following a request by the party seeking arbitration for a list of five retired or former jurists with substantial professional experience in employment matters. The arbitration shall be conducted under the procedures applicable to arbitrations in the state of California. The arbitrator's authority and jurisdiction shall be limited to determining the dispute in arbitration in conformity with law, to the same extent as if such dispute were determined as to liability and any remedy by a court without a jury. The arbitrator shall render an award which shall include a written statement of opinion setting forth the arbitrator's findings of fact and conclusions of law.
AAA Arbitration. If at any time a question or controversy shall arise --------------- between the Parties related to this Agreement upon which the Parties cannot agree, such question or controversy ("Dispute") shall be finally settled by arbitration in accordance with the Commercial Arbitration Rules ("Arbitration Rules") of the American Arbitration Association (as amended and in effect as of February 1, 1984), as modified by the provisions of this Section 15. The arbitration process shall be commenced by the initiating Party giving written notice to the other of its intention to arbitrate ("Demand").
AAA Arbitration. In the event of any dispute, claim or controversy between or among the parties to this Agreement arising out of or relating to this Agreement or any breach thereof, including, without limitation, any claim that this Agreement or any of its parts is invalid, illegal or otherwise voidable or void, whether such dispute, claim or controversy sounds in contract, tort, equity or otherwise, and whether such dispute, claim or controversy relates to the meaning, interpretation, effect, validity, performance or enforcement of the Agreement, such dispute, claim or controversy shall be settled by and through an arbitration proceeding to be administered by the American Arbitration Association (or any like organization successor thereto) in New York, New York, in accordance with the American Arbitration Association’s Commercial Arbitration Rules. Each of the parties to this Agreement hereby agrees and consents to such venue and waives any objection thereto. The arbitrability of any such dispute, claim or controversy shall likewise be determined in such arbitration. Such arbitration proceeding shall be conducted in as expedited a manner as is then permitted by the commercial arbitration rules (formal or informal) of the American Arbitration Association. Both the foregoing agreement of the parties to this Agreement to arbitrate any and all such disputes, claims and controversies and the results, determinations, findings, judgments and/or awards rendered through any such arbitration shall be final and binding on the parties hereto and may be specifically enforced by legal proceedings. Notwithstanding any provision of this Agreement relating to which state laws govern this Agreement, all issues relating to arbitrability or the enforcement of the agreement to arbitrate contained herein shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) and the federal common law of arbitration.
AAA Arbitration. The arbitration shall be conducted by one (1) arbitrator selected in accordance with the AAA Commercial Arbitration Rules and Supplementary Procedures for Large Complex Disputes as modified below, unless the matter in dispute has a value of at least [***] and either party wishes to have the arbitration conducted by a panel of three (3) arbitrators. The arbitrator(s) shall be experienced in the subject matter of the Arbitration Request as it applies to the biotechnology or pharmaceutical business. The parties shall cooperate to attempt to select the arbitrator(s) by agreement within [***] of the initiation of arbitration. If agreement cannot be reached within such [***], then that AAA will submit a list of [***] qualified arbitrators from which each party shall strike unacceptable entries; provided that each party shall not strike more than [***] of the names without cause, and rank the remaining names. The AAA shall appoint the arbitrator(s) with the highest combined ranking(s). If these procedures fail to result in selection of the required number of arbitrators, the AAA shall appoint the arbitrator(s), allowing each side challenges for cause. The arbitration shall be held in New York, New York and all proceedings and communications shall be conducted in English. The parties each use their best efforts to have the arbitration hearing held as soon as practicable and in any event within [***] after the selection of the arbitrator(s). At least [***] prior to the arbitration hearing, each party shall submit to the other party and the arbitrator(s) a copy of all exhibits on which such party intends to rely at the hearing, a pre-hearing brief [***], and a proposed ruling [***]. The proposed ruling shall be limited to proposed rulings and remedies on each issue, and shall contain no argument on or analysis of the facts or issues. Within [***] after close of the hearing, each party may submit a post-hearing brief [***] to the arbitrator(s).
AAA Arbitration. Any Dispute that is not resolved through negotiations under Section 12.7(a) shall be finally settled by binding arbitration by three (3) arbitrators pursuant to the then-current Commercial Arbitration Rules of the American Arbitration Association, except where they conflict with this Section 12.7, in which case this Section 12.7 shall control. Each Party shall nominate one (1) neutral arbitrator and the two Party-nominated arbitrators shall nominate the third (3rd) neutral arbitrator, who shall serve as the presiding arbitrator, within [***] after the second (2nd) arbitrator’s appointment. At the request of a Party, the arbitral tribunal shall have the discretion to order the disclosure of specified documents by the Parties. Such a request shall identify the document(s) with a reasonable degree of specificity and establish the relevance of the document(s) to the arbitration.
AAA Arbitration. Claims remaining after the mandatory mediation and Government Code Claims Process shall be resolved by binding arbitration conducted before a retired judge in accordance with the AAA rules in effect as of the date that a Demand for Arbitration is filed, except as expressly modified herein. The locale for any arbitration commenced hereunder shall be the regional office of the AAA closest to the Site.
AAA Arbitration. Any Claim, or portion thereof in dispute after completion of the Section 9204 procedures and the Government Code Claims Process which exceeds $375,000 and any other claims, disputes, disagreements or other matters in controversy between the District and the Contractor arising out of, or related, in any manner, to the Contract, or the interpretation, clarification or enforcement thereof shall be resolved by binding arbitration conducted under the auspices of the American Arbitration Association (“AAA”) and in accordance with the Construction Industry Arbitration Rules of the in effect as of the date that a Demand for Arbitration is filed, except as expressly modified herein. The locale for any arbitration commenced hereunder shall be the regional office of the AAA closest to the Site.
AAA Arbitration. Within five (5) days from the expiration of the period set forth in Section 26.01 (C) of this article, the aggrieved party may file for arbitration under the Rules of the American Arbitration Association. It is agreed that the arbitrator shall have no power to modify the terms of this agreement. All costs and expenses of the impartial arbitrator shall be shared equally by the parties hereto.
AAA Arbitration. If Client’s Lease contains a mandatory arbitration provision requiring any disputes regarding the Lease, performance thereunder, or damages caused by the Lessee’s operations to be resolved and determined by arbitration, the Attorneys will seek to file and pursue the Client’s arbitration claims against Chesapeake Appalachia and any other appropriate gas companies jointly with those of other Group Clients, on a group basis, by filing one or more arbitration demands and statements of claim on behalf of multiple Group Clients, and/or by consolidating the Client’s arbitration claims with those of other Group Clients. The Client acknowledges that the Attorneys have informed the Client that AAA Commercial Arbitration Rules presently do not specifically address (whether by permitting or by prohibiting) the filing and arbitration of single arbitration proceedings on behalf of multiple claimants with similar or common claims, or the consolidation of separate arbitration proceedings, and that the AAA has indicated that it does not accept joint or group filings, or permit consolidation of separate claims, in the absence of a court order. Accordingly, the Attorneys will proceed as follows. The Attorneys will first seek to file the Client’s arbitration claims against Chesapeake Appalachia jointly with those of other Group Clients, and, if successful, to consolidate such claims with the arbitration claims of other Group Clients. If the AAA refuses to accept such filings, or to permit consolidation, the Attorneys will commence appropriate litigation to seek to compel or permit the AAA to accept such filings and/or to permit the consolidation of previously filed group claims. If the Attorneys are successful in obtaining a court order compelling or permitting the AAA to accept group filings and/or to permit consolidation of previously filed group claims, the Attorneys will represent the Client concurrently with other Group Clients in the arbitration of their respective Group Claims. If the Attorneys are unable to obtain a court order which causes the AAA to accept group filings and/or to permit consolidation of previously filed group claims, the Attorneys will not pursue the arbitration of the Client’s claims against Chesapeake Appalachia unless the Client advances and undertakes to pay all filing fees, hearing fees, and arbitrator fees required to pursue their arbitration claims on an individual basis.
AAA Arbitration. (i) Any Dispute that has not been resolved pursuant to Section 20(a) shall be referred to and finally resolved by arbitration in New York, N.Y., U.S.A., pursuant to the Commercial Arbitration Rules of the American Arbitration Association. It is the intent of the parties that, barring extraordinary circumstances, the arbitration proceedings shall be concluded within six (6) months from the date the arbitrator is confirmed. The parties may agree to extend this time limit or the arbitrator may do so in its discretion for a period of up to an additional three (3) months, if it determines that the interest of justice so requires. The arbitrator shall use its best efforts to issue the final award or awards within such time period. Failure to adhere to this time limit shall not be a basis for challenging the award.
