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. 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. 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.
8.02 Such notice, in order to be accepted as an appropriate matter for submission to arbitration, must be communicated to either party in writing not more than ten (10) working days subsequent to the written decision of the Management Committee in Step 3 of the Grievance Procedure.
8.03 The recipient of the notice shall within five (5) working days inform the other party of the name of its appointee to the Arbitration Board. The two appointees so selected shall, within five (5) working days of the appointment of the second of them, appoint a third person who shall be the Chairperson.
8.04 If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chairperson within the time limited, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party.
8.05 The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any employee affected by it. The decision of a majority is the decision of the Arbitration Board, but if there is no majority, the decision of the Chairperson governs.
8.06 The Arbitration Board shall not have jurisdiction to alter, or change any of the provisions of this Agreement, give any decision inconsistent with the terms and provisions of this Agreement nor deal with any matter not covered by this Agreement. The Arbitrator, however, in respect of a grievance involving a penalty, shall be entitled to modify such penalty in such a way that in the opinion of the Arbitrator is just and equitable.
8.07 It is agreed that each party will bear the cost of its appointee and bear equally the fees and expenses of the Chairperson. Where the Board deems it necessary to incur other expenses in connection with the case, the Board will consult with the parties and obtain agreement from the parties before making its decisi...
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 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. 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.
B. A demand for arbitration:
(1) if based in whole or in part on wrongful termination, shall be filed with the Association within thirty (30) days after a notice of termination is received (as determined in Section XII, above);
(2) if based on any other ground, may be filed with the Association and served on the other party at any time during the term of this Agreement, or within the period provided by the applicable statute of limitations; and
(3) shall contain a statement setting forth the nature of the dispute, the amount involved, if any, and the remedy sought.
C. Arbitration will not proceed until any protest of arbitrability is resolved by an appropriate court, if necessary. The arbitrator will have authority to assess damages sustained by reason of any breach or wrongful termination of this Agreement. The parties will share equally all expenses of the arbitrator and the Association, and each party will bear its own expenses incident to the arbitration.
D. The arbitrator will not extend, modify or suspend any of the terms of this Agreement or the reasonable standards of business performance set by Southland in good faith. The decision of the arbitrator within the scope of this submission (as provided in this Section XV) shall be final and binding on all parties and any right to judicial action on any matter subject to arbitration hereunder is hereby waived, except suit to enforce the arbitration award.
E. If the rules of the Association differ from this Section XV, the provisions herein shall control.
F. Notwithstanding the above, the parties hereto agree to voluntarily submit disagreement issues to mediation under a professional mediation organization, before resulting to arbitration.
Arbitration and Mediation. 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. If any dispute arises under the terms of this agreement, the parties agree to select a mutually agreeable neutral third party to help them mediate the matter. If the mediation is unsuccessful, the parties agree that the dispute shall be decided by binding arbitration under the rules issued by the American Arbitration Association. The decision of the arbitrator shall be final. Costs and fees (other than attorney’s fees) associated with the mediation and arbitration service shall be shared equally by the parties. Each party shall be responsible for its own attorneys' fees associated with the mediation or arbitration.
Arbitration and Mediation. Any dispute, controversy, or claim arising between Employee and the Company relating to the Release shall be submitted to and settled by arbitration in the State of Texas and conducted pursuant to the rules then in effect of the American Arbitration Association governing employment disputes, before an arbitrator licensed to practice law in the State of Texas and familiar with employment law disputes (or at any other place or under any other form of arbitration mutually acceptable to the parties involved); provided, however, that before either party initiates an arbitration proceeding under this paragraph, the parties shall participate in a full-day mediation with a qualified mediator to be agreed upon by the parties. Any award rendered shall be final, conclusive and binding upon the parties, and any judgment may be entered in the highest court of the forum (state or federal) having jurisdiction over the issues addressed in the arbitration. The expense of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the cost of Employee’s or the Company’s own experts, evidence, and counsel fees, except that, in the discretion of the arbitrator, any award may include the cost of a party’s counsel and/or its share of the expense of arbitration, if the arbitrator expressly determines that an award of such costs is appropriate to a party whose position prevails in such arbitration. Notwithstanding the provisions of this paragraph, the Company shall be entitled to seek injunctive and other appropriate equitable relief immediately and without submitting the claim to arbitration for any violation, attempted violation or proposed violation of paragraph 4 of the Release.
