Arbitration and Mediation. If a dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that if the dispute is not resolved by mediation to the satisfaction of the parties, or if the parties are unable to agree upon a mediator, in either case within 30 days after receipt of a demand for mediation, then any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator, unless the claim amount exceeds $1,000,000, in which case the dispute shall be heard by a panel of three arbitrators. The Parties shall request that the American Arbitration Association provide a list of arbitrators who have had prior experience in oil and gas exploration and production and who shall function as independent and neutral arbitrator(s). Further, in selecting the arbitrator(s) from the list of arbitrators, the Parties agree to take into consideration the nature of the matter submitted for arbitration. (Thus, for example, a professional engineer should be selected to arbitrate issues which are primarily engineering in nature and an accountant who is a member of the Council of Petroleum Accountants Societies should be selected to arbitrate matters which are primarily accounting in nature.) The place of arbitration shall be Dallas County, Texas. The arbitration shall be governed by the Texas Arbitration Act and the laws of the State of Texas. The award shall be made within 12 months of the filing of the notice of intention to arbitrate, and the arbitrator(s) shall agree to comply with this schedule before accepting appointment. However, this time limit may be extended by the arbitrator(s) for good cause shown, or by mutual agreement of the parties. The arbitrator(s) shall award to the prevailing party, if any, as determined by the arbitrator(s), all of their costs and fees. “Costs and fees” mean all reasonable pre-award expenses of the arbitration, including the arbitrator’s fees, admini...
Arbitration and Mediation. Any dispute, controversy or claim arising under, out of or relating to this Agreement and any subsequent amendments of this Agreement, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to mediation in accordance with the WIPO Mediation Rules. The place of mediation shall be _______(place). The language to be used in the mediation shall be _______(e.g. German). If, and to the extent that, any such dispute, controversy or claim has not been settled pursuant to the mediation within 60 (sixty) days of the commencement of the mediation, it shall, upon the filing of a Request for Arbitration by either party, be referred to and finally determined by arbitration in accordance with the WIPO Expedited Arbitration Rules. Alternatively, if, before the expiration of the said period of 60 (sixty) days, either party fails to participate or to continue to participate in the mediation, the dispute, controversy or claim shall, upon the filing of a Request for Arbitration by the other party, be referred to and finally determined by arbitration in accordance with the WIPO Expedited Arbitration Rules. The arbitral tribunal shall consist of a sole arbitrator. The place of arbitration shall be _______(place). The language to be used in the arbitral proceedings shall be _______(e.g. German). The dispute, controversy or claim referred to arbitration shall be decided in accordance with the law of _____(country).
Arbitration and Mediation. Both I and Hershey promise to arbitrate any claim covered by the Mutual Agreement to Arbitrate Claims which is attached hereto and incorporated in full herein by reference. Both I and Hershey further agree, before seeking arbitration of any claim, to engage in good faith efforts to resolve the dispute through nonbinding mediation. Mediation shall be conducted by, and in accordance with procedures for the mediation of employment disputes of, one of the American Arbitration Association, the Judicial Arbitration + Mediation Services, Inc. (JAMS/Endispute) or the Center for Public Resources (CPR) as Hershey and I may agree (and if such agreement is not possible, then the mediation procedures of CPR shall apply), together with any other procedures as may be agreed upon by me and Hershey.
Arbitration and Mediation. 8.01 Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration and the notice shall contain the name of the first party's appointee to an Arbitration Board.
Arbitration and Mediation. 8.01 a) In selecting an Arbitrator, other than using the expedited procedure allowed for under the Ontario Labour Relations Act, the referring party will put forward suggested names for the other party's consideration in accordance with Article
Arbitration and Mediation. The parties agree to utilize the following procedure with regard to any contention or claim arising out of or relating to this Agreement, or any breach thereof (a "Dispute"); provided, however, that the provisions in this Section 11.12. shall not be applicable to any LD Cause of Action or other cause of action assigned to Administrator pursuant to Section 6.3 or any Dispute or cause of action related thereto. If any Dispute cannot be settled through direct discussions, the parties hereto agree to endeavor first to resolve the Dispute through mediation in accordance with Section 11.12(a). If the Dispute cannot be resolved through such mediation, the parties hereto agree to resolve such Dispute by binding arbitration in accordance with Section 11.12(b).
Arbitration and Mediation. 8.05 Any matter referred to arbitration or mediation shall be heard by an arbitrator selected in rotation from the following panel: Xxxxxx X. Xxxxxxxx
Arbitration and Mediation. A. Unless prohibited by applicable law, any controversy or claim arising out of or relating to this Agreement, or a breach hereof, except for a claim of termination by either party, will be settled by arbitration to be held in Dallas, Texas or such other location as may be agreed upon by the parties. Any such arbitration shall be conducted in accordance with the Arbitration Rules of the American Arbitration Association (the "Association"), and judgment upon any award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Arbitration and Mediation. 14:01 Both parties to this agreement agree that any dispute or grievance which has been properly carried through all steps of the grievance procedure as outlined in Article 12 or through the mediation process and which has not been settled will, at the request of either of the parties, be referred to a Board of Arbitration as provided under the Ontario Labour Relations Act at any time within twenty (20) working days thereafter but not later.
Arbitration and Mediation. If a difference arises between the parties relating to the dismissal or discipline of an employee, or to the interpretation, application, operation or alleged violation of this agreement, including a question as to whether a matter is arbitrable, either of the parties, without stoppage of work, may, after exhausting the grievance procedure established by this agreement, notify the other party in writing of its desire to submit the difference to arbitration. The parties must agree on a single arbitrator from the list below, and the arbitrator must hear and determine the difference and issue a decision, which will be final and binding on the parties and any person affected by it. Providing the parties so agree, the arbitrator shall also attempt to mediate a settlement of the dispute between the parties. List of Arbitrators:
