Arbitration of Other Disputes Sample Clauses

Arbitration of Other Disputes. (a) The Parties shall submit any controversy or claim arising out of, relating to or in connection with this Agreement, or the breach hereof or thereof ("Demand for Arbitration"), to arbitration administered by the American Arbitration Association (" MA ") in accordance with its Commercial Arbitration Rules then in effect (collectively, "AAA Rules") and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. (b) The place of arbitration shall be Wilmington, Delaware. (c) The Parties shall attempt, by agreement, to nominate a sole arbitrator for confirmation by the AAA. If the Parties fail to so nominate a sole arbitrator within 30 days from the date when the Demand for Arbitration has been communicated by the initiating Party, the arbitrator shall be appointed by the AAA in accordance with the AAA Rules. For purposes of this Section, the "commencement of the arbitration proceeding" shall be deemed to be the date upon which the Demand for Arbitration has been delivered to the Parties in accordance with this Section 5.2. A hearing on the matter in dispute shall commence within 30 days following selection of the arbitrator, and the decision of the arbitrator shall be rendered no later than 60 days after commencement of such hearing. (d) An award rendered in connection with an arbitration pursuant to this Section 5.2 shall be final and binding upon the Parties, and the Parties agree and consent that the arbitral award shall be conclusive proof of the validity of the determinations of the arbitrator set forth in the award and any judgment upon such an award may be entered and enforced in any court of competent jurisdiction. (e) The Parties agree that the award of the arbitral tribunal will be the sole and exclusive remedy between them regarding any and all claims and counterclaims between them with respect to the subject matter of the arbitrated dispute. The Parties hereby waive all in personam jurisdictional defenses in connection with any arbitration hereunder or the enforcement of an order or award rendered pursuant thereto (assuming that the terms and conditions of this arbitration clause have been complied with). (f) The arbitrator shall issue a written explanation of the reasons for the award and a full statement of the facts as found and the rules of law applied in reaching his decision to each Party. The arbitrator shall apportion to each Party all costs (including attorneys' and witness fees, if any) ...

Arbitration of Other Disputes. (a) In the event such good faith negotiations are unsuccessful, either Member may, after 30 days written notice to the other, submit any controversy or claim arising out of, relating to or in connection with this Agreement, or the breach thereof, to arbitration administered by the American Arbitration Association ("AAA") in accordance with its then existing International Arbitration rules (except that Sections 29 and 31 of the Commercial Arbitration Rules in effect on the date hereof, a copy of which is attached hereto as Schedule 15.2, shall govern in the event of any conflict therewith (collectively, "AAA Rules") and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. (b) To the extent this Section is deemed a separate agreement, independent from this Agreement, Article XVII shall be incorporated herein by reference. Either Member (the "Initiating Party") may commence an arbitration by submitting a demand for arbitration ("Demand for Arbitration") under the AAA Rules and by notice to the other Member (the "Respondent") in accordance with Section 17.5. Such notice shall set forth in reasonable detail the basic operative facts upon which the Initiating Party seeks relief and specific reference to the clauses of this Agreement, the amount claimed, if any, and any nonmonetary relief sought against the Respondent. After the Demand for Arbitration, response and counterclaim, if any, and reply to counterclaim, if any, have been submitted, either Member may propose additional issues for resolution in the pending proceedings only if expressly so ordered by the arbitrators. (c) The place of arbitration shall be New York, New York, and the award shall be deemed a U.S. award for purposes of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 (the "New York Convention"). (d) The Members shall attempt, by agreement, to nominate a sole arbitrator for confirmation by the AAA. If the Members fail so to nominate a sole arbitrator within 30 days from the date when the Initiating Party's Demand for Arbitration has been communicated to the Respondent, a board of three arbitrators shall be appointed by the Parties jointly or, if the Members cannot agree as to three arbitrators within 30 days after the commencement of the arbitration proceeding, then one arbitrator shall be appointed by each of the Initiating Party and the Respondent within 60 days after the commencement of the arbitration...

Arbitration of Other Disputes. (a) The Parties shall submit any controversy or claim arising out of, relating to or in connection with this Agreement, or the breach hereof or thereof ("Demand for Arbitration"), to arbitration administered by the American Arbitration Association ("MA ") in accordance with its Commercial Arbitration Rules then in effect (collectively, "AAA Rules") and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. (b) The place of arbitration shall be Wilmington, Delaware.

Arbitration of Other Disputes. Any dispute, including policy coverage and interpretations, between or among Signatories involving any claim or other matter relating thereto and not included in Article 2 to this Agreement, or which involves amounts in excess of those stated herein may also be submitted to arbitration under this Agreement with the consent of the parties.

Arbitration of Other Disputes. Any Dispute appropriate for arbitration as provided in Section 14.1 shall be resolved by binding arbitration before the American Arbitration Association (the “AAA”) pursuant to the AAA’s Commercial Arbitration Rules, as such rules may be modified by this Section 14.2 or by agreement of the Parties. The arbitration shall be conducted before a panel of three (3) arbitrators (the “Panel”). The Parties shall each select a single independent, conflict-free arbitrator not affiliated with either Party, who has appropriate experience in the pharmaceutical industry involving pharmaceutical products and with dispute resolution to resolve the matter in dispute, which individual shall not be or have been at any time an Affiliate, employee, consultant, officer or director of either Party or any of their respective Affiliates. In addition, if the Dispute relates to intellectual property, each arbitrator shall have at least fifteen (15) years of experience in the litigation of intellectual property matters involving patents or trademarks, as applicable. Each of the Party-selected arbitrators shall select a third arbitrator who shall meet the criteria set forth in the immediately preceding sentence. If a Party fails to designate a Party-selected arbitrator within fifteen (15) Business Days after submission to arbitration or the Party-selected arbitrators are unable to reach agreement on the selection of the third arbitrator within fifteen (15) Business Days after selection of the Party-selected arbitrators, then either or both Parties may immediately request the AAA to select such arbitrator (or arbitrators, as applicable) with the requisite independence, experience and expertise. The arbitration shall take place in New York, New York. All proceedings and communications shall be in English. The Parties agree that discovery appropriate to the issues in the Dispute shall be permitted in the arbitration, including reasonable document requests, pre-hearing exchanges of information, expert witness disclosures, limited depositions of important witnesses and other appropriate discovery, provided that such discovery shall be limited to the narrower of (a) the scope of discovery agreed to by the Parties, or if none can be agreed, established by the Panel, and (b) such discovery as would be permitted by the Federal Rules of Civil Procedure. The arbitration shall be governed by the procedural and substantive law set forth in Section 14.3. The arbitration shall be governed by the Uni...

Arbitration of Other Disputes. 45 15.3 PARTICIPATION IN THIRD PARTY PROCEEDINGS.................................................... 47

Arbitration of Other Disputes. Except as provided in Section 9.04, all disputes arising out of or relating to the relationship created by this Agreement shall be resolved by arbitration in New York, NY as follows:

Arbitration of Other Disputes. Any other dispute relating to or arising from this Agreement shall be resolved by arbitration (separate from any arbitration over the occurrence of a Release Event) under the then current Commercial Rules of the AAA. The arbitration shall take place in Santa Clarx Xxxnty, California. Any court having jurisdiction over the matter may enter judgment on the award of the arbitrator(s). Service of a petition to confirm the arbitration award may be made by first class mail or by commercial express mail, to the attorney for the party or, if not represented, to the party at the last known business address. The prevailing party(ies) shall be entitled to an award of costs and reasonable attorneys' fees.

Arbitration of Other Disputes. It is understood that all other claims or controversies between Patient and Tarzana Treatment Center and/or any of its employees or agents (hereinafter “TTC”) or independent contractors, whether in tort, contract or otherwise, shall be determined by submission to binding arbitration, whether or not the claims arise out of or in any way relate to treatment or services provided or not provided by TTC, or its independent contractors.

Arbitration of Other Disputes. MISCELLANEOUS ......................................................... 7.1 Survival ..................................................... 7.2