Arbitration Forum. (a) Except as otherwise provided herein, all disputes, controversies or claims arising out of or relating to this Agreement, or the breach, termination or validity thereof, shall be resolved by one arbitrator under the Rules of Conciliation and Arbitration of the International Chamber of Commerce as then in effect ("Rules"). The arbitrator shall be chosen in accordance with the Rules. The place of arbitration shall be Tokyo, Japan. The language to be used in the arbitration proceedings shall be English. The arbitrator may be of any nationality. The arbitral award shall be rendered in writing, state the reasons for the award and shall be final and binding on the Parties. Judgment on any award may be entered by any court of competent jurisdiction or application may be made to such a court for judicial acceptance or recognition of the award and any appropriate order including enforcement. This arbitration agreement is intended by the parties to be self-executing. The arbitrator shall have sole jurisdiction to determine whether (i) a claim is subject to arbitration, (ii) the arbitration may proceed even if one of the Parties refuses to attend or participate and (iii) an award against that party may be ordered pursuant to default or otherwise by the panel. The Parties agree that they will arbitrate all claims agreed to be arbitrated herein regardless of the existence of any related dispute, action or special proceeding between any or all of the Parties hereto and/or any third party.
(b) Notwithstanding the foregoing, each Party may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, without breach of this Section, and without any abridgement of the powers of the arbitrator.
(c) In case of arbitration, the arbitrator shall award reasonable attorneys' fees and expenses to any of the parties in such manner and to such extent as the arbitrators deem equitable. In case of a court proceeding arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and expenses from the other party(ies).
Arbitration Forum. (a) Except as otherwise provided herein, all disputes, controversies or claims arising out of or relating to this Agreement, or the breach, termination or validity thereof, shall be resolved (i) first by good-faith, face-to-face discussions among the Chief Executive Officers (or such persons holding a position of equivalent authority) of each affected Party, which discussions shall be held in Hong Kong, or such other place as the Parties may mutually agree, within 30 days after receipt of a notice requesting such discussions, and (ii) failing resolution within 14 days of the commencement of such good faith discussions, by 3 arbitrators under the Rules of Conciliation and Arbitration of the International Chamber of Commerce as then in effect ("Rules"). The arbitrators shall be chosen in accordance with the Rules within 30 days after receipt by the respondent of the demand to arbitrate, which demand may be delivered only after the conclusion of the above-mentioned good faith discussions. The place of arbitration shall be Hong Kong. The language to be used in the arbitration proceedings shall be English, provided that any Party may submit testimony or documentary evidence in Japanese, and shall, on the request of any other Party, furnish a translation or interpretation into English of any such testimony or documentary evidence. The arbitrators may be of any nationality. Upon the request of either Borrower or Lender, any arbitration hereunder shall be combined or consolidated with arbitration initiated pursuant to Section 9.2 of the Shareholder Agreement relating to the same or directly related subject matter. The arbitral award shall be rendered in writing and state the reasons for the award. Judgment on any award may be entered by any court of competent jurisdiction or application may be made to such a court for judicial acceptance or recognition of the award and any appropriate order including enforcement.
(b) Notwithstanding the foregoing, each Party may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, without breach of this Section, and without any abridgement of the powers of the arbitrator.
(c) In case of arbitration, the arbitrators shall award reasonable attorneys' fees and expenses to either Party in such manner and to such extent as the arbitrators deem equitable. In case of a court proceeding arising out of this Agreement, the prevailing Pa...
Arbitration Forum. This agreement to arbitrate is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. Section 1 et seq, as amended, (the “Rules”). Such arbitration shall be before a neutral arbitrator in the county in which Executive most recently performed Services for the Company for determination in accordance with the American Arbitration Association Employment Arbitration Rules and Mediation Procedures (“AAA Rules”), including any subsequent modifications or amendments to such AAA Rules, as the exclusive remedy for such controversy, claim or dispute. (A copy of the most current AAA Rules may be obtained from the Company’s Human Resources Department or by visiting xxx.xxx.xxx.) Nothing in this agreement to arbitrate shall be deemed to alter any statutory obligation Executive may have to exhaust administrative remedies prior to filing a claim.
Arbitration Forum. (a) All other disputes, controversies or claims arising out of or relating to this Agreement, or the breach, termination or validity thereof, shall be resolved by one arbitrator under the Rules of International Chamber of Commerce which rules are hereby incorporated by reference into this Section 16. The place of arbitration shall be Honolulu, Hawaii. The language to be used in the arbitration proceedings shall be English. The arbitrator may be of any nationality, but must have knowledge of the life sciences research market in Japan and in the United States. The arbitral award shall be rendered in writing and state the reasons for the award. Judgment on any award may be entered by any court of competent jurisdiction or application may be made to such a court for judicial acceptance of the award and any appropriate order including enforcement.
(b) In case of litigation arising out of this Agreement, the prevailing Party shall be entitled to recover its reasonable attorneys' fees and expenses from the other Party. In case of arbitration, the arbitrators shall award reasonable attorneys' fees and expenses to either Party in such manner and to such extent as the arbitrators deem equitable.
(c) Notwithstanding the foregoing, the Parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, without breach of this section, and without any abridgement of the powers of the arbitrator.
Arbitration Forum. Any arbitration pursuant to this Agreement shall be conducted in accordance with, and gov- erned by, a mutually agreeable arbitration forum; however, in the absence of such agreement, then the American Arbitration Association (“AAA”) and its Code of Arbitration Procedure. Any arbitration must be commenced by delivery to the other party of a written demand for arbitration or a written notice of intention to arbitrate setting forth in detail the claim or contro- versy to be arbitrated. The location for all arbitration proceed- ings shall be in the AAA office located in or near Los Angeles, California.
Arbitration Forum. To the maximum extent permitted by law, each Party agrees to submit any dispute, controversy, or claim arising out of or related to this Agreement and/or the Parties’ relationship (including the termination of such relationship) to binding arbitration. Notwithstanding the foregoing, the Parties agree that any dispute, controversy, or claim based upon Sections (4), (5), (6), (7) and/or noncompetition or sexual harassment (“Court-Eligible Claims”) may be brought by either Party in federal or state court. Arbitration shall be administered exclusively by the American Arbitration Association (“AAA”) and shall be conducted consistent with the rules, regulations, and requirements thereof. The applicable AAA rules may be found at xxxxx://xxx.xxx.xxx/sites/default/files/ document_repository/EmploymentRules_Web.pdf. The arbitration shall take place in the State of Utah, and the AAA shall apply federal law, including the Federal Arbitration Act, and the laws of the State of Utah (without regard to its conflicts of law provisions), including as to the validity, construction and performance of this Agreement. Any arbitral award determination shall be final and binding upon the Parties. With respect to any Court-Eligible Claims that are brought to court, the Parties consent to the exclusive jurisdiction and venue of the federal or state courts in Salt Lake County, Utah.
Arbitration Forum. Any arbitration pursuant to this Client Agreement shall be conducted in accordance with, and governed by, a mutually agreeable arbitration forum, but, in the absence of such agreement, then the American Arbitration Association and its Code of Arbitration Procedure. Any arbitration must be commenced by delivery to the other party of a written demand for arbitration or a written notice of intention to arbitrate setting forth in detail the claim or controversy to be arbitrated. The location for all arbitration proceedings shall be in a mutually agreeable location but, in the absence of such agreement, then in the State of New York.
Arbitration Forum. Any arbitration pursuant to this Agreement will be conducted in accordance with, and gov- erned by, a mutually agreeable arbitration forum, but, in the absence of such agreement, then the American Arbitration As- sociation and its Code of Arbitration Procedure. Any arbitra- tion must be commenced by delivery to the other party of a written demand for arbitration or a written notice of intention to arbitrate setting forth in detail the claim or controversy to be arbitrated. The location for all arbitration proceedings will be in a mutually agreeable location but, in the absence of such agreement, then in the State of North Carolina.
Arbitration Forum. The arbitration shall take place in Washington, D.C.
Arbitration Forum. Any arbitration pursuant to this Agreement shall be conducted in accordance with, and governed by, a mutually agreeable arbitration forum, but, in the absence of such agreement, then the American Arbitration Association and its Code of Arbitration Procedure. Any arbitration must be commenced by delivery to the other party of a written demand for arbitration or a written notice of intention to arbitrate setting forth in detail the claim or controversy to be arbitrated. The location for all arbitration proceedings shall be in a mutually agreeable location but, in the absence of such agreement, then in the State of Wisconsin.
