Arbitration Disputes. Any controversy or claim arising out of or relating to this Agreement or the breach hereof, other than an action brought by the Employers for injunctive or other equitable relief in the enforcement of the Employers’ rights under Section 8 above, in which case such action may be brought in any court of competent jurisdiction, shall be settled by arbitration in accordance with the laws of the Commonwealth of Massachusetts by three arbitrators, one of whom shall be appointed by the Employers, one by the Executive and the third by the first two arbitrators. If the first two arbitrators cannot agree on the appointment of a third arbitrator, then the third arbitrator shall be appointed by the American Arbitration Association in the City of Boston, Massachusetts. Such arbitration shall be conducted in the City of Boston, Massachusetts in accordance with the rules of the American Arbitration Association, except with respect to the selection of arbitrators which shall be as provided in this Section 9. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
Arbitration Disputes. Any controversy or claim arising out of or relating to this Agreement or the breach hereof, other than an action brought by the Employers for injunctive or other equitable relief in the enforcement of the Employers' rights under Section 8 above, in which case such action may be brought in any court of competent jurisdiction, shall be settled by arbitration in accordance with the laws of the Commonwealth of Massachusetts by three arbitrators, one of whom shall be appointed by the Employers, one by the Executive and the third by the first two arbitrators. If the first two arbitrators cannot agree on the appointment of a third arbitrator, then the third arbitrator shall be appointed by the American Arbitration Association in the City of Boston, Massachusetts. Such arbitration shall be conducted in the City of Boston, Massachusetts in accordance with the rules of the American Arbitration Association, except with respect to the selection of arbitrators which shall be as provided in this Section 9. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. In the event that it shall be necessary or desirable for the Executive to retain legal counsel and/or incur other costs and expenses in connection with the enforcement of any or all of Executive's rights under this Agreement, the Employers shall pay (or the Executive shall be entitled to recover from the Employers, as the case may be) the Executive's reasonable attorneys' fees and other reasonable costs and expenses in connection with the enforcement of said rights (including the enforcement of any arbitration award in court) regardless of the final outcome, unless and to the extent that the arbitrators shall determine that the Executive has not acted in good faith or that under the circumstances recovery by the Executive of all or part of any such fees and costs and expenses would be inequitable or otherwise unjust.
Arbitration Disputes. Any dispute, controversy or breach arising out of or related to this Agreement, shall be settled by arbitration to be held in the City of Miami, Dade County, Florida before a single arbitrator in accordance with the rules then in effect of the American Arbitration Association or any successor thereto. The arbitrator may impose damages, grant injunctions or grant other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive, and binding on the parties to the arbitration. Judgement may be entered on the arbitrator's decision in any court having jurisdiction, and the parties irrevocably consent to the jurisdiction of the FLORIDA courts for this purpose. In such arbitration, the parties waive personal service of any process or other papers and agree that service thereof may be made in accordance with the notice provisions of this Agreement. The non-prevailing party, including any appeal thereof, with the proviso, however, that each party shall pay one-half of the fees separately charged by the arbitrator.
Arbitration Disputes. If a dispute arises between the parties relating to this Agreement, the following shall be the sole and exclusive procedure for enforcing the terms hereof and seeking relief hereunder.
(i) CPR. Following good faith negotiations between Ford and Visteon in accordance with subsection 6.2 hereof or otherwise, any Contested Reimbursement that is not resolved in accordance with subsection 6.2(i) or any other dispute arising between the parties relating to this Agreement will be submitted to mandatory, final and binding arbitration before a sole arbitrator in accordance with the CPR Rules, including discovery rules, for Non-Administered Arbitration, as follows. Within five (5) Business Days after the selection of the arbitrator, each party shall submit its requested relief to the other party and to the arbitrator with a view toward settling the matter prior to commencement of discovery. If no settlement is reached, then discovery shall proceed subject to the authority of the arbitrator to resolve discovery disputes between the parties. Upon the conclusion of discovery, each party shall again submit to the arbitrator its requested relief (which may be modified from the initial submission) and the arbitrator shall select only the entire requested relief submitted by one party or the other, as the arbitrator deems most appropriate. The arbitrator shall not select one party's requested relief as to certain claims or counterclaims and the other party's requested relief as to other claims or counterclaims; rather, the arbitrator must only select one or the other party's entire requested relief on all of the asserted claims and counterclaims, and the arbitrator will enter a final ruling that adopts in whole such requested relief, provided, however, that with respect to a Request of Reimbursement, the arbitrator may act separately upon each portion of such request that has been contested under subsection 6.2 hereof. The arbitrator will limit his/her final ruling to selecting the entire requested relief he/she considers the most appropriate from those submitted by the parties.
Arbitration Disputes. Disputes arising out of the interpretation or execution of this contract which cannot be resolved by negotiation shall, at the request of either Party, (after giving 30 days notice to the other Party) be submitted to arbitration. The arbitration tribunal shall sit in Huntsville, AL. Disputes shall be finally settled in accordance with the Rules of Conciliation and Arbitration of the American Arbitration Association by one or more arbitrators designated in conformity with those Rules. The decision to submit a dispute shall not excuse either party from the timely performance of its obligations hereunder which are not the subject matter of the dispute. Further, if the lack of resolution of the matter in dispute will adversely impact the timely completion of preparation for launch activities, MDC and SHI will perform the matter in dispute in the manner determined by SHI, within the framework of this Contract and without prejudice to the final resolution of the matter in dispute.
Arbitration Disputes. 10 Article 24 - Audit.........................................................11 Article 25 - Indemnity Against Patent Infringement.........................11 Article 26 -
Arbitration Disputes. The following rules of procedure govern arbitrations between the parties hereto, including signatory agents, and/or between any member or members of DGA who have an agency contract or contracts with a member or members of ATA and/or with any signatory agent or agents:
Arbitration Disputes. The Employer will grant leave with pay to a reasonable number of employees to represent the Union before an Arbitration hearing; The Employer will grant leave with pay to an employee called as a witness before an hearing and permit leave with pay to an employee called as a witness by the Union.
Arbitration Disputes. Disputes arising out of the interpretation or execution of this Agreement which cannot be resolved by negotiation shall, at the request of either Party, (after giving 30 days notice to the other Party) be submitted to arbitration. The arbitration tribunal shall sit in Hannover, Germany. Disputes shall be finally settled in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce by one or more arbitrators designated in conformity with those Rules. The decision to submit a dispute shall not excuse either party from the timely performance of its obligations hereunder which are not the subject matter of the dispute. Further, if the lack of resolution of the matter in dispute will adversely impact the timely completion of preparation for launch activities, INTOSPACE and SHI will perform the matter in dispute in the manner determined by SHI, within the framework of this Agreement and without prejudice to the final resolution of the matter in dispute.
Arbitration Disputes. Any dispute relating to the terms and provisions of the JVA shall be resolved by arbitration in the Borough of Manhattan, City and State of New York, pursuant to the Commercial Arbitration Rules then prevailing for the American Arbitration Association, or any successor organization ("AAA") and pursuant to the procedure below:
1. Within ten (10) Business Days following the giving of a demand for arbitration, Land Owner and Building Owner shall each give notice to the other setting forth the name and address of an arbitrator designated by the party giving such notice. The two arbitrators shall conduct a hearing and then issue a joint determination within thirty (30) days after the appointment of both arbitrators. If either party fails to give notice of its designation within said ten (10) Business Days, and such failure continues beyond five (5) Business Days after notice from the non-failing party stating in boldface capitalized letters that such failure to designate an arbitrator within such five (5) Business Day period will result in the non-failing party's right to seek the appointment by AAA or a court of a single arbitrator who will resolve the dispute, then the non-failing party may apply to AAA for the designation of a single arbitrator and if AAA fails to designate such single arbitrator within ten (10) Business Days after a request therefor, such non-failing party may apply to the Supreme Court in New York County or to any other court having jurisdiction for the designation of such arbitrator and the determination of such single appointed arbitrator shall control.
2. If the two designated arbitrators are unable to agree upon resolution of the dispute within such thirty (30) day period, then the two arbitrators shall designate a third impartial arbitrator. If the two arbitrators shall fail to agree upon the designation of a third arbitrator within five (5) days after the expiration of such thirty (30) day period, then either party may apply to the AAA for the designation of the third arbitrator and if the AAA is unable or refuses to designate such third arbitrator within ten (10) Business Days after application to the AAA for such designation, then either party may apply to the Supreme Court in New York County or to any other court having jurisdiction for the designation of such arbitrator.
3. The parties shall then conduct a hearing before all three arbitrators, not to exceed ten (10) days. The dispute shall be resolved by a majority of the three (...
