Arbitration; Jurisdiction. At the option of Company, any dispute arising out of this Agreement shall (I) be settled by binding arbitration by one Arbitrator brought before the American Arbitration Association (“AAA”), pursuant to the AAA rules for commercial disputes, in the State of Nevada, County of Xxxxx, or the closest AAA office; or (ii) shall be brought by commencement of an action in a court of competent jurisdiction in Xxxxx County, Nevada, and such forum shall be the exclusive forum for remedies of any such disputes. Both parties consent to personal jurisdiction in the courts located in Xxxxx County, Nevada. If arbitration is selected, the arbitration shall be in accordance with the then-current Employment Dispute Resolution Rules of the American Arbitration Association, before an arbitrator licensed to practice law in Nevada. Either the Arbitrator or the court, as the case may be, shall be granted all powers and shall have the authority to grant injunctive relief or specific performance to the fullest extent necessary to enforce the terms of this Agreement, without the necessity of posting bond. As part of any award, the prevailing party shall be entitled to costs and an award of reasonable attorneys fees only as expressly provided in this Agreement. The award of any arbitration shall be final and binding upon the parties and judgment may be entered in any court necessary or appropriate for enforcement thereof. The terms of this paragraph shall apply to dispute arising hereunder notwithstanding anything to the contrary set forth herein, and shall survive the termination of Executive’s employment hereunder.
Arbitration; Jurisdiction. Any dispute, controversy or claim arising under or related to this Agreement, regardless of the legal theory upon which it is based, will be settled by final, binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. Section 1 et seq., in accordance with the American Arbitration Association Commercial Arbitration Rules. Nothing herein will, however, prohibit a Party from seeking temporary or preliminary injunctive relief in a court of competent jurisdiction. In any arbitration, the number of arbitrators will be three. If all three Parties to this Agreement are parties to the arbitration, each of the three Parties shall have the right to appoint one arbitrator. If only two Parties to this Agreement are parties to the arbitration, each of the Parties shall have the right to appoint one arbitrator, who will together appoint a third neutral arbitrator within thirty (30) days after the appointment of the last party-designated arbitrator. All arbitration proceedings will take place in Denver, Colorado. The arbitrators will be entitled to award monetary and equitable relief, including specific performance and other injunctive relief; provided, however, that only damages allowed pursuant to this Agreement may be awarded. Except as otherwise expressly provided in this Section 11.14, each Party will bear the expenses of its own counsel and will jointly bear the expenses of the arbitrators. The arbitrators will allocate the remaining costs of the arbitration proceeding. The Parties agree that the arbitrators will include, as an item of damages, the costs of arbitration, including reasonable legal fees and expenses, incurred by the prevailing party if the arbitrators determine that either (a) the non-prevailing party did not act in good faith when disputing its liability hereunder to the prevailing party or when initiating a claim against the prevailing party; or (b) the prevailing party has had to resort to arbitration with respect to a substantially similar claim more than twice in any thirty-six (36) month period. Should it become necessary to resort or respond to court proceedings to enforce a Party's compliance with this Section 11.14, such proceedings will be brought only in the federal or state courts located in the State of Colorado, which will have exclusive jurisdiction to resolve any disputes with respect to this Agreement, with each Party irrevocably consenting to the jurisdiction thereof. If the court directs or otherwise requires compliance h...
Arbitration; Jurisdiction. 1Any dispute, controversy or claim arising out of or in relation to this Employment Agreement, including the validity, invalidity, breach or termination thereof, shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Xxxxxxxx of Commerce in force on the date when the Notice of Arbitration is submitted in accordance with these Rules. 2The number of arbitrators shall be one; the seat of the arbitration shall be Zurich, Switzerland; the arbitral proceedings shall be conducted in English. 3Notwithstanding the two preceding paragraphs, the Company is entitled to initiate proceedings against the Employee in a competent state court at his/her place of residence, and the Employee is entitled to initiate proceedings against the Company in a competent state court at the Company’s headquarters at the address first above written.
Arbitration; Jurisdiction. Only disputes involving the interpretation or application of a provision of this Agreement shall be subject to arbitration. The arbitrator shall have no power to add to, subtract from or modify any of the terms of this Agreement. The arbitrator shall not substitute the arbitrator’s discretion for that of either party or impose on either party a limitation of obligation not specifically required by the express language of this Agreement. The arbitrator’s decision shall address itself solely to the issue or issues presented and shall not impose on either party any restriction or obligation pertaining to any matter raised in the dispute which is not specifically related to the submitted issue or issues. The arbitrator’s decision shall be final and binding, provided such a decision does not exceed the jurisdiction of the arbitrator as set forth herein.
Arbitration; Jurisdiction. (i) Any dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration in Orange County, California by a panel of three neutral arbitrators in accordance with the rules of the American Arbitration Association in effect at the time of submission to arbitration, including those rules that permit discovery of facts and documents. The Parties understand that they will be entitled to the same remedies in arbitration as they would in a court of law, and further agree that, in the course of any arbitration pursuant to this Agreement, they (i) will permit adequate discovery, (ii) will request that a written award be issued by the panel, (iii) are entitled to receive in the arbitration any and all relief they would be entitled to receive in a court proceeding and (iv) agree that the Executive will not be required to pay any of the arbitration fees or costs. The Parties knowingly and voluntarily agree to this arbitration clause.
(ii) The Parties’ agreement to arbitrate disputes includes, but is not limited to, any claims of unlawful discrimination and/or unlawful harassment under Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act of 1967, as amended, the Americans with Disabilities Act, or any other federal, state or local law relating to discrimination in employment as well as any claims relating to wage and hour claims and any other statutory or common law claims.
(iii) The Parties agree that, except as otherwise provided by this Section 17, arbitration shall be the exclusive forum for resolving all disputes arising out of or relating to employment with the Company or the termination of that employment.
(iv) The cost of any arbitration pursuant to this Section 17(g) shall be paid for by the Company, with each Party bearing its own attorneys’ fees, provided that in connection with any claims for which a prevailing party is entitled to recover attorneys’ fees pursuant to statute, the arbitration panel shall have the authority to award such fees. The Company and the Executive hereby agree that a judgment upon an award rendered by the arbitrators may be entered in any court having jurisdiction by suit on the judgment or in any other manner provided by law.
(v) Notwithstanding any other provision of this Agreement, the Company shall be entitled to commence an action in any court of competent jurisdiction to enforce Sections 6, 7, 8, 9, 10 or 11 in part or in their entire...
Arbitration; Jurisdiction. Any dispute or controversy arising out of or relating to this Agreement not able to be resolved between the Parties as provided in Section 12.08 will be finally decided by arbitration in accordance with the then-current Licensing Agreement Arbitration Rules of the American Arbitration Association; provided, however, that the code of civil procedure of the state in which arbitration is being held shall apply to any such proceeding. If GenuPro commences an arbitration proceeding, it will be conducted in Santa Xxxxx County, California, if Licensee commences an arbitration proceeding, it will be conducted in Wilmington, North Carolina. The Parties agree that any arbitration panel will include members knowledgeable as to evaluation of pharmaceutical technology.
Arbitration; Jurisdiction. The arbitration will be controlled by the provisions of the Federal Arbitration Act (9 U.S.C. § 1 et.seq.) except that California substantive law shall be applied to resolve the underlying disputes to be arbitrated. We both agree that it is the arbitrator, and not any federal or state court, who has the exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this binding agreement to arbitrate, including but not limited to determining which claims are subject to arbitration, or any claim that all or any part of this agreement to arbitrate is unenforceable, voidable or void.
Arbitration; Jurisdiction. Enforcement of this Separation Agreement shall be subject to the terms of Sections 9 (“Arbitration of Disputes”) and 10 (“Consent to Jurisdiction”) of the Employment Agreement as if set forth herein.
Arbitration; Jurisdiction. Except as otherwise provided in Section 5.6 and 13.2, any dispute not resolved pursuant to Section 13.2 shall be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said rules. Subject to Section 9.4.2, the injured Party shall be entitled to all damages suffered of whatever sort, except that no award of lost profits, or other consequential, special or punitive damages shall be granted by the arbitration panel. The decision of the arbitrator(s) shall be binding on the Parties unless secured by fraud, and enforceable by a court of competent jurisdiction as described below in this Section 13.3. Notwithstanding anything to the contrary in this Section 13.3, each Party shall have the right to seek injunctive or other equitable relief from a court of competent jurisdiction that may be necessary to avoid irreparable harm, maintain the status quo or preserve the subject matter of the arbitration. Arbitration will take place in PARIS (FRANCE) if requested by NOVACEA and in SAN FRANCISCO, CALIFORNIA (USA), if requested by XXXXXX XXXXX. Arbitration will be conducted in the English language. Each Party, for the purpose of enforcing an award under this Section 13.3, adjudicating the matters described in this Section 13.3 with respect to intellectual property rights or seeking equitable relief pursuant to Section 13.4, irrevocably submits to the exclusive jurisdiction of federal courts located in SAN FRANCISCO, CALIFORNIA , USA (if XXXXXX XXXXX is seeking same), or the Tribunal de Grande Instance, located in PARIS (FRANCE) (if NOVACEA is seeking same).
Arbitration; Jurisdiction. All disputes, differences and/or claims arising out of or in relation to this Agreement shall be settled by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any statutory amendments thereof and the same shall be referred to arbitration by a sole arbitrator to be nominated/ appointed by SMFG India Credit. In the event of death, refusal, neglect, inability or incapability of the persons so appointed to act as an arbitrator, SMFG India Credit may appoint another person to act as an arbitrator. The award including the interim award/s of the arbitrator shall be final and binding on all the parties concerned. The arbitrator may lay down from time to time the procedure to be followed by him in conducting arbitration proceedings and shall conduct arbitration proceedings in such manner as he considers appropriate. The arbitration proceedings shall be held at the place mentioned in the Loan Summary Schedule. Subject to the arbitration clause contained herein, the competent courts at the place mentioned in the Loan Summary Schedule shall have exclusive jurisdiction over any matter or legal proceedings arising out of or in relation to this Agreement. This shall not however limit the rights of the Lender to file/take proceedings in any other Court of Law or Tribunal of competent jurisdiction.
