Common use of Arbitration Clause Clause in Contracts

Arbitration Clause. (a) With the exception of Article 13, where there is any dispute as to any provision of this Agreement and the Executive and the Corporation are unable to come to a mutual agreement within a period of 10 days from the date on which one party advises the other party, in writing, of the dispute, within 10 days after the expiry of such period, either party may give written notice of the issue on which a mutual decision has not been made to an arbitrator selected from (c) below, with a copy of the notice to the other party. Upon receipt of such notice, the arbitrator will contact each of the parties and attempt to resolve the matter within 5 days of receipt of the notice, failing which the arbitrator shall schedule a hearing to commence within 90 days thereafter, that hearing to conclude and the decision to be rendered within 120 days (or such later time as agreed upon between the parties) thereafter. It is understood and agreed the arbitrator shall have the sole discretion to establish a procedure for the conduct of the arbitration, provided only that such procedure shall give to each party an opportunity to state and argue their respective positions, either in writing or orally in the presence of the arbitrator and each other party and whether with or without reply or rejoinder. The decision of the arbitrator shall be final and binding. Any arbitration pursuant to this clause shall be in accordance with the Arbitrations Act (Ontario). (b) It is understood that the Executive and the Corporation would prefer to avoid litigation due to a possible breach of Article 13, upon the acceptance of a new position by the Executive. As a result, the parties agree that where the Executive is considering a new position, particularly following termination of employment, the Executive may seek the prior agreement of the Corporation that such new position is not with a competitor of the Corporation. Where there is a disagreement as to whether this new position is with a competitor of the Corporation (and the Executive has not accepted any offer and commenced employment in respect thereof), the parties agree to have this issue finally determined on an expedited basis by an agreed upon arbitrator as set out in (c) below. The process and authority of the arbitrator shall be as described above, except that in this case only the hearing must be concluded and the decision rendered within 30 days of the arbitrator receiving notice of the dispute. (c) For the purpose of this Agreement, the parties agree that any one of the following can be selected as the arbitrator: Xx. Xxxxxxx Xxxxxx Xxxxx, Xxxxxxx Xxxxxx, Xxxxxxx X. Xxxxxxx or Xxxxxx X. Xxxx, or any other arbitrator the parties mutually agree upon should none of these arbitrators be available within the timelines set out herein.

Arbitration Clause. (a) With 1. In the exception of Article 13, where there is event that any dispute arises between the parties signatory to this agreement, whether such dispute arises during or after the term of this agreement, and as a precedent to any provision right of this Agreement and the Executive and the Corporation are unable to come to action hereunder a mutual agreement within a period meeting will be held between representatives of 10 days from the date on which one party advises the other party, in writing, of the dispute, within 10 days after the expiry of such period, either party may give written notice of the issue on which a mutual decision has not been made to an arbitrator selected from (c) below, with a copy of the notice to the other party. Upon receipt of such notice, the arbitrator will contact each of the parties with decision making authority to settle the dispute. At the meeting the parties will attempt in good faith to negotiate an informal resolution of the dispute. If the dispute is not resolved through negotiation within 10 Business Days the parties hereby agree to submit their dispute to Arbitration. Upon the written request of either party to the dispute the parties shall select an arbitrator from among persons with not less than 10 years experience in the insurance or reinsurance business, as persons engaged in the industry itself or as lawyers or other professional advisors, or as otherwise agreed by the parties. If the parties are unable to agree on an arbitrator within 30 days after receipt of written notice from the other party requesting it to do so then either party may proceed pursuant to the Arbitration Act, 1991 (Ontario) to have an arbitrator appointed. 2. The arbitrator shall interpret this agreement as an honourable engagement and attempt not as a legal obligation; they are relieved of all judicial formalities and may abstain from following the strict rules of law, and they shall make their award with a view to resolve effecting the matter general purpose of this agreement in a reasonable manner rather than in accordance with a literal interpretation of the language. Each party shall submit its case to the arbitrator within 5 30 days of receipt the appointment of the noticearbitrator. 3. The arbitrator, failing which so far as is permissible under the arbitrator shall schedule a hearing to commence within 90 days thereafterlaw and practice of the place of arbitration, that hearing to conclude and the decision to be rendered within 120 days (or such later time as agreed upon between the parties) thereafter. It is understood and agreed the arbitrator shall have power to fix all procedural rules for the sole discretion holding of the arbitration including discretionary power to establish a procedure for make orders as to any matters which it may consider proper in the circumstances of the case with regard to pleadings, discovery, inspection of the documents, examination of witnesses and any other matter whatsoever relating to the conduct of the arbitration, provided only that arbitration and may receive and act upon such procedure evidence whether oral or written strictly admissible or not as it shall give to each party an opportunity to state and argue their respective positions, either in writing or orally in the presence of the arbitrator and each other party and whether with or without reply or rejoinderits discretion think fit. 4. The decision in writing of the arbitrator shall be final and bindingbinding on both parties. Any arbitration pursuant to this clause shall Judgement may be in accordance with the Arbitrations Act (Ontario). (b) It is understood that the Executive and the Corporation would prefer to avoid litigation due to a possible breach of Article 13, entered upon the acceptance of a new position by the Executive. As a result, the parties agree that where the Executive is considering a new position, particularly following termination of employment, the Executive may seek the prior agreement of the Corporation that such new position is not with a competitor of the Corporation. Where there is a disagreement as to whether this new position is with a competitor of the Corporation (and the Executive has not accepted any offer and commenced employment in respect thereof), the parties agree to have this issue finally determined on an expedited basis by an agreed upon arbitrator as set out in (c) below. The process and authority final decision of the arbitrator in any court in Canada having jurisdiction. The arbitrator shall be as described above, except that in this case only determine who pays the hearing must be concluded and the decision rendered within 30 days expense of the arbitrator receiving notice of the dispute. (c) For the purpose of this Agreementarbitration. The arbitration will take place in Xxxxxxx, the parties agree that any one of the following can be selected Xxxxxxx, Xxxxxx, or such other venue in Ontario, Canada as determined by the arbitrator: Xx. Xxxxxxx Xxxxxx Xxxxx, Xxxxxxx Xxxxxx, Xxxxxxx X. Xxxxxxx or Xxxxxx X. Xxxx, or any other arbitrator the parties mutually agree upon should none of these arbitrators be available within the timelines set out herein.

Arbitration Clause. (a) With 1. In the exception of Article 13, where there is event that any dispute arises between the parties signatory to this agreement, whether such dispute arises during or after the term of this Agreement, and as a precedent to any provision right of this Agreement and the Executive and the Corporation are unable to come to action hereunder a mutual agreement within a period meeting will be held between representatives of 10 days from the date on which one party advises the other party, in writing, of the dispute, within 10 days after the expiry of such period, either party may give written notice of the issue on which a mutual decision has not been made to an arbitrator selected from (c) below, with a copy of the notice to the other party. Upon receipt of such notice, the arbitrator will contact each of the parties with decision making authority to settle the dispute. At the meeting the parties will attempt in good faith to negotiate an informal resolution of the dispute. If the dispute is not resolved through negotiation within 10 Business Days the parties hereby agree to submit their dispute to Arbitration. Upon the written request of either party to the dispute the parties shall select an arbitrator from among persons with not less than 10 years experience in the insurance or reinsurance business, as persons engaged in the industry itself or as lawyers or other professional advisors, or as otherwise agreed by the parties. If the parties are unable to agree on an arbitrator within 30 days after receipt of written notice from the other party requesting it to do so then either party may proceed pursuant to the Arbitration Act, 1991 (Ontario) to have an arbitrator appointed. 2. The arbitrator shall interpret this agreement as an honourable engagement and attempt not as a legal obligation; they are relieved of all judicial formalities and may abstain from following the strict rules of law, and they shall make their award with a view to resolve effecting the matter general purpose of this agreement in a reasonable manner rather than in accordance with a literal interpretation of the language. Each party shall submit its case to the arbitrator within 5 30 days of receipt the appointment of the noticearbitrator. 3. The arbitrator, failing which so far as is permissible under the arbitrator shall schedule a hearing to commence within 90 days thereafterlaw and practice of the place of arbitration, that hearing to conclude and the decision to be rendered within 120 days (or such later time as agreed upon between the parties) thereafter. It is understood and agreed the arbitrator shall have power to fix all procedural rules for the sole discretion holding of the arbitration including discretionary power to establish a procedure for make orders as to any matters which it may consider proper in the circumstances of the case with regard to pleadings, discovery, inspection of the documents, examination of witnesses and any other matter whatsoever relating to the conduct of the arbitration, provided only that arbitration and may receive and act upon such procedure evidence whether oral or written strictly admissible or not as it shall give to each party an opportunity to state and argue their respective positions, either in writing or orally in the presence of the arbitrator and each other party and whether with or without reply or rejoinderits discretion think fit. 4. The decision in writing of the arbitrator shall be final and bindingbinding on both parties. Any arbitration pursuant to this clause shall Judgement may be in accordance with the Arbitrations Act (Ontario). (b) It is understood that the Executive and the Corporation would prefer to avoid litigation due to a possible breach of Article 13, entered upon the acceptance of a new position by the Executive. As a result, the parties agree that where the Executive is considering a new position, particularly following termination of employment, the Executive may seek the prior agreement of the Corporation that such new position is not with a competitor of the Corporation. Where there is a disagreement as to whether this new position is with a competitor of the Corporation (and the Executive has not accepted any offer and commenced employment in respect thereof), the parties agree to have this issue finally determined on an expedited basis by an agreed upon arbitrator as set out in (c) below. The process and authority final decision of the arbitrator in any court in Canada having jurisdiction. The arbitrator shall be as described above, except that in this case only determine who pays the hearing must be concluded and the decision rendered within 30 days expense of the arbitrator receiving notice of the dispute. (c) For the purpose of this Agreementarbitration. The arbitration will take place in Xxxxxxx, the parties agree that any one of the following can be selected Xxxxxxx, Xxxxxx, or such other venue in Ontario, Canada as determined by the arbitrator: Xx. Xxxxxxx Xxxxxx Xxxxx, Xxxxxxx Xxxxxx, Xxxxxxx X. Xxxxxxx or Xxxxxx X. Xxxx, or any other arbitrator the parties mutually agree upon should none of these arbitrators be available within the timelines set out herein.

Arbitration Clause. (a) With the exception of Article 13, where there is any dispute as to any provision of this Agreement and the Executive and the Corporation are unable to come to a mutual agreement within a period of 10 days from the date on which one party advises the other party, in writing, of the dispute, within 10 days after the expiry of such period, either party may give written notice of the issue on which a mutual decision has not been made to an arbitrator selected from (c) below, with a copy of the notice to the other party. Upon receipt of such notice, the arbitrator will contact each of the parties and attempt to resolve the matter within 5 days of receipt of the notice, failing which the arbitrator shall schedule a hearing to commence within 90 days thereafter, that hearing to conclude and the decision to be rendered within 120 days (or such later time as agreed upon between the parties) thereafter. It is understood and agreed the arbitrator shall have the sole discretion to establish a procedure for the conduct of the arbitration, provided only that such procedure shall give to each party an opportunity to state and argue their respective positions, either in writing or orally in the presence of the arbitrator and each other party and whether with or without reply or rejoinder. The decision of the arbitrator shall be final and binding. Any arbitration pursuant to this clause shall be in accordance with the Arbitrations Act (Ontario). (b) It is understood that the Executive and the Corporation would prefer to avoid litigation due to a possible breach of Article 13, upon the acceptance of a new position by the Executive. As a result, the parties agree that where the Executive is considering a new position, particularly following termination of employment, the Executive may seek the prior agreement of the Corporation that such new position is not with a competitor of the Corporation. Where there is a disagreement as to whether this new position is with a competitor of the Corporation (and the Executive has not accepted any offer and commenced employment in respect thereof), the parties agree to have this issue finally determined on an expedited basis by an agreed upon arbitrator as set out in (c) below. The process and authority of the arbitrator shall be as described above, except that in this case only the hearing must be concluded and the decision rendered within 30 days of the arbitrator receiving notice of the dispute. (c) For for the purpose of this Agreement, the parties agree that any one of the following can be selected as the arbitrator: Xx. Xxxxxxx Xxxxxx Xxxxx, Xxxxxxx Xxxxxx, Xxxxxxx X. Xxxxxxx or Xxxxxx X. Xxxx, or any other arbitrator the parties mutually agree upon should none of these arbitrators be available within the timelines set out herein.

Arbitration Clause. (a) With the exception of Article 13, where there is any dispute as to any provision of this Agreement and the Executive and the Corporation are unable to come to a mutual agreement within a period of 10 days from the date on which one party advises the other party, in writing, of the dispute, within 10 days after the expiry of such period, either party may give written notice of the issue on which a mutual decision has not been made to an arbitrator selected from (c) below, with a copy of the notice to the other party. Upon receipt of such notice, the arbitrator will contact each of the parties and attempt to resolve the matter within 5 days of receipt of the notice, failing which the arbitrator shall schedule a hearing to commence within 90 days thereafter, that hearing to conclude and the decision to be rendered within 120 days (or such later time as agreed upon between the parties) thereafter. It is understood and agreed the arbitrator shall have the sole discretion to establish a procedure for the conduct of the arbitration, provided only that such procedure shall give to each party an opportunity to state and argue their respective positions, either in writing or orally in the presence of the arbitrator and each other party and whether with or without reply or rejoinder. The decision of the arbitrator shall be final and binding. Any arbitration pursuant to this clause shall be in accordance with the Arbitrations Act (Ontario). (b) It is understood that the Executive and the Corporation would prefer to avoid litigation due to a possible breach of Article 13, upon the acceptance of a new position by the Executive. As a result, the parties agree that where the Executive is considering a new position, particularly following termination of employment, the Executive may seek the prior agreement of the Corporation that such new position is not with a competitor of the Corporation. Where there is a disagreement as to whether this new position is with a competitor of the Corporation (and the Executive has not accepted any offer and commenced employment in respect thereof), the parties agree to have this issue finally determined on an expedited basis by an agreed upon arbitrator as set out in (c( c ) below. The process and authority of the arbitrator shall be as described above, except that in this case only the hearing must be concluded and the decision rendered within 30 days of the arbitrator receiving notice of the dispute. (c) For the purpose of this Agreement, the parties agree that any one of the following can be selected as the arbitrator: Xx. Xxxxxxx Xxxxxx Xxxxx, Xxxxxxx Xxxxxx, Xxxxxxx X. Xxxxxxx or Xxxxxx X. Xxxx, or any other arbitrator the parties mutually agree upon should none of these arbitrators be available within the timelines set out herein.

Arbitration Clause. (a) With the exception of Article Section 13, where there is any dispute as to any provision of this Agreement and the Executive and the Corporation are unable to come to a mutual agreement within a period of 10 days from the date on which one party advises the other party, in writing, of the dispute, within 10 days after the expiry of such period, either party may give written notice of the issue on which a mutual decision has not been made to an arbitrator selected from (c) below, with a copy of the notice to the other party. Upon receipt of such notice, the arbitrator will contact each of the parties and attempt to resolve the matter within 5 days of receipt of the notice, failing which the arbitrator shall schedule a hearing to commence within 90 days thereafter, that hearing to conclude and the decision to be rendered within 120 days (or such later time as agreed upon between the parties) thereafter. It is understood and agreed the arbitrator shall have the sole discretion to establish a procedure for the conduct of the arbitration, provided only that such procedure shall give to each party an opportunity to state and argue their respective positions, either in writing or orally in the presence of the arbitrator and each other party and whether with or without reply or rejoinder. The decision of the arbitrator shall be final and binding. Any arbitration pursuant to this clause shall be in accordance with the Arbitrations Act (Ontario). (b) It is understood that the Executive and the Corporation would prefer to avoid litigation due to a possible breach of Article 13Section 14, upon the acceptance of a new position by the Executive. As a result, the parties agree that where the Executive is considering a new position, particularly following termination of employment, the Executive may seek the prior agreement of the Corporation that such new position is not with a competitor of the Corporation. Where there is a disagreement as to whether this new position is with a competitor of the Corporation (and the Executive has not accepted any offer and commenced employment in respect thereof), the parties agree to have this issue finally determined on an expedited basis by an agreed upon arbitrator as set out in (c) below. The process and authority of the arbitrator shall be as described above, except that in this case only the hearing must be concluded and the decision rendered within 30 days of the arbitrator receiving notice of the dispute. (c) For the purpose of this Agreement, the parties agree that any one of the following can be selected as the arbitrator: Xx. Xxxxxxx Xxxxxx Xxxxx, Xxxxxxx Xxxxxx, Xxxxxxx X. Xxxxxxx or Xxxxxx X. Xxxx, or any other arbitrator the parties mutually agree upon should none of these arbitrators be available within the timelines set out herein. Each party represents to the other each of these individuals are independent from them.