Common use of Arbitration and Mediation Clause in Contracts

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, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorneys’ fees. The award of the arbitrator(s) shall be accompanied by a reasoned opinion. During the pendency of any arbitration, this contract is to remain in effect. Further, notwithstanding this arbitration provision, the Parties consent to the exclusive jurisdiction and venue of the state courts located in Midland County, Texas for the resolution of any claims for specific performance or interim injunctive relief as provided for in Section 12.15.

Arbitration and Mediation. If In case of a dispute arises from or relates disagreement between the Parties to this contract Agreement as to any right, obligation, term or provision hereof or involving a total disputed amount or claim(s) equal to or greater than $25,000.00, the breach thereof, and if the Parties shall make an xxxxxxx effort to settle such disagreement to their mutual satisfaction. If any such dispute regarding this Agreement cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered reconciled by the American Arbitration Association under its Commercial Mediation Procedures before resorting Parties to arbitrationthis Agreement, then any Party may provide notice to the other specifying with particularity the items of disagreement and a request that the matter be resolved by mediation. The parties further agree that if Such notice shall include the name of a mediator acceptable to the Party requesting mediation. If the dispute is not resolved by mediation to the satisfaction of the partiesParties, or if the parties Parties are unable to agree upon a mediator, in either case within 30 thirty (30) days after receipt of a demand for mediationsuch written notice, then any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, such dispute shall be settled by arbitration administered and the results of such arbitration shall be binding upon all Parties to this Agreement in all respects as set forth below. Arbitration may be initiated by written notice from any Party to this Agreement to the other that the previously noticed dispute has not been resolved by mediation and is being submitted to arbitration under the terms of this Agreement. A single arbitrator shall be chosen by the Parties to the dispute by submitting names of eleven (11) arbitrators experienced in the area of the dispute from a listing of twenty (20) arbitrators supplied by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered Association. Said selection 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 both Parties shall request that take place within ten (10) days after the Parties have received the listing from the American Arbitration Association provide Association. The lists of the Parties shall be compared and the first name to appear on both lists shall be the arbitrator of the dispute. Should either Party fail or refuse to submit a list of eleven arbitrators then the other Party shall select an arbitrator who shall be the sole arbitrator and shall resolve the dispute as set out herein. All arbitrators shall be individuals who have had prior experience in oil and gas exploration and production and who shall function as independent and neutral arbitrator(s)arbitrators. Further, in selecting In the arbitrator(s) from the list selection of arbitrators, the Parties agree to shall take into consideration the nature of the matter submitted for arbitration. (Thus, for example, a professional engineer engineers should be selected to arbitrate issues which are primarily engineering in nature and an accountant accountants who is a member are members of the Council of Petroleum Accountants Societies should be selected to arbitrate matters which are primarily accounting in nature.) The place of arbitration Arbitrations under this paragraph shall be Dallas County, Texasconducted under the Texas Arbitration Statute (Xxxxxx’x Xxx. The arbitration Tex. Civ. St. Arts. 224 to 238-6) and shall apply Texas law. All matters concerning the conduct of the arbitrators shall be governed by the Texas Arbitration Act and the laws provisions of the State of TexasAmerican Arbitration Association. The award No dispute related to this Agreement shall be made within 12 months brought before any court of law or equity; however, judgment upon the filing of award or decision rendered by the notice of intention to arbitrate, and the arbitrator(s) shall agree to comply with this schedule before accepting appointment. However, this time limit arbitrators 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, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, entered in any court costs, witness fees, and attorneys’ fees. The award of the arbitrator(s) shall be accompanied by a reasoned opinion. During the pendency of any arbitration, this contract is to remain in effect. Further, notwithstanding this arbitration provision, the Parties consent to the exclusive jurisdiction and venue of the state courts located in Midland County, Texas for the resolution of any claims for specific performance or interim injunctive relief as provided for in Section 12.15having jurisdiction.

Arbitration and Mediation. If In the event of a dispute arises from dispute, controversy, or relates claim (the "Dispute") arising between the Companies in connection with this Letter, any such Dispute shall be submitted to this contract and settled by arbitration in the City of San Antonio, Texas, pursuant to the American Arbitration Association rules then in effect, unless prior to arbitration another location or mediation is mutually acceptable to the breach thereofCompanies. Any award rendered under arbitration shall be final and conclusive upon the parties, and the judgment thereon 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 its own experts, evidence, and attorneys 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 expenses of arbitration, if the dispute cannot be settled through direct discussionsarbitrator expressly determines that an award of such costs is appropriate to a party whose position prevails in such arbitration. To submit a matter to arbitration or mediation, the parties agree party seeking redress ("Plaintiff") shall provide Notice in writing to endeavor first to settle the dispute party against whom such redress is sought ("Defendant"). The Notice shall describe the nature of such claim, the provision of this Letter allegedly violated by mediation administered the Defendant, and the material facts surrounding such claim. Unless expressly prohibited by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitrationrules, the Plaintiff shall appoint one arbitrator and the Defendant shall appoint one arbitrator. The parties further agree that if the dispute is not resolved by mediation to the satisfaction Companies shall appoint such arbitrators within thirty (30) days of the partiesdate of the foregoing described Notice. Within thirty (30) days of appointment, or if such arbitrators shall appoint a third arbitrator. Within thirty (30) days of the parties are unable to agree upon a mediatorappointment of the foregoing described arbitrators, in either case within 30 days after receipt of a demand the Companies shall hold an arbitration hearing before such arbitrators. Unless expressly prohibited by the rules 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 Association, at such arbitration hearing the Texas Rules and judgment on of Evidence shall control the award rendered by admissibility of evidence. Within ten (10) days of the arbitrator(s) may be entered in any court having jurisdiction thereofconclusion of such arbitration hearing, the arbitrators shall render a written decision. Claims The decision of the arbitrators shall be heard by a single arbitratorbinding upon the Plaintiff and Defendant and after the completion of such arbitration, unless the claim amount exceeds $1,000,000, in which case Plaintiff or Defendant may institute litigation for the dispute shall be heard by a panel sole purpose of three arbitratorsenforcing the determination of the arbitration hearing. The Parties above notwithstanding, any party seeking redress for a Dispute shall request that always have 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 right 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 partyobtain temporary injunctive relief, if anynecessary, as determined by without first submitting 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, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorneys’ fees. The award of the arbitrator(s) shall be accompanied by a reasoned opinion. During the pendency of any arbitration, this contract is Dispute to remain in effect. Further, notwithstanding this arbitration provision, the Parties consent to the exclusive jurisdiction and venue of the state courts located in Midland County, Texas for the resolution of any claims for specific performance or interim injunctive relief as provided for in Section 12.15hereunder.