Arbitration Option. Either party shall also have the option to submit any disputes between Executive (and Executive’s attorneys, successors, and assigns) and Employer (and its Affiliates, shareholders, directors, officers, employees, agents, successors, attorneys, and assigns) relating in any manner whatsoever to Executive’s employment or termination thereof by either party, including, without limitation, all disputes arising under this Agreement (“Arbitrable Claims”), to binding arbitration in Xxxxxx County, Texas, pursuant to the rules of the American Arbitration Association and the arbitration rules set forth in Texas Code of Civil Procedure (the “Rules”). The arbitrator shall administer and conduct any arbitration in accordance with Texas law, including the Texas Code of Civil Procedure, or U.S. federal law when applicable and supreme. To the extent that the AAA Employment Rules conflict with Texas or U.S. federal law, Texas or U.S. federal law shall take precedence. All persons and entities specified in this Section (other than Employer and Executive) shall be considered third-party beneficiaries of the rights and obligations created by this Section on Arbitration. The decision of the Arbitrator shall be final and binding on the parties and judgment upon the award may be entered in any of the aforementioned courts having jurisdiction over this Agreement.
Arbitration Option. For any Claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
Arbitration Option. (A) The Parties agree that any of them (regardless of whether it is claimant or respondent) may submit a Dispute, for final resolution, to arbitration under the UNCITRAL Arbitration Rules in force at the date of this Agreement (except if and to the extent modified by the current Agreement). The tribunal shall consist of three arbitrators. The appointing authority shall be the Secretary-General of the Permanent Court of Arbitration in The Hague. Accordingly, if (i) within 10 Business Days after the receipt of the first party’s notification of the appointment of an arbitrator, the other party fails to notify the first party of the arbitrator it has appointed or (ii) within 10 (ten) Business Days after the appointment of the second arbitrator, the two arbitrators have not agreed on the choice of the presiding arbitrator, the Secretary-General of the Permanent Court of Arbitration at The Hague shall make the necessary appointment(s). The seat of arbitration will be The Hague, the Netherlands, and the language of the arbitral proceedings will be English.
(B) No Party shall initiate court proceedings before giving each Responding Party to those proceedings at least 20 (twenty) Business Days’ prior written notice of its intention to do so, setting out reasonably sufficient details of the nature and subject of its claim. Within 20 (twenty) Business Days of receipt of such notice, any Responding Party may give the Initiating Party (and, if any, the other Responding Parties) written notice that either: (i) that Responding Party intends to exercise the Responding Party Arbitration Option; or (ii) that Responding Party intends to exercise the Initiating Party Arbitration Option. In the absence of any Arbitration Option notified within such period of 20 (twenty) Business Days, the Responding Party shall have finally waived the Arbitration Options and the Initiating Party may initiate court proceedings.
Arbitration Option. (a) The Parties have agreed that all disputes under this Agreement, which concern the application and interpretation of this Agreement, shall be submitted to final and binding arbitration, and the Parties exclude from this Agreement disputes involving statutory application and interpretation for rights and claims not arising under sections 142 or 143 of the Texas Local Government Code.
(b) The terms of the Agreement, and any factual issues which are determinative in applying the Agreement, shall be the sole province of the designated arbitrator, and his or her decision shall be final. However, the City will only agree to arbitration on the condition that legal issues which are determinative in any contract dispute are subject to judicial review. This represents an agreement by the Parties to submit disputes to arbitration within its scope, and otherwise preserves the existing jurisdiction of Texas Courts over any contract rights and claims not exclusively committed to arbitration.
(c) The Parties have agreed that questions of law, which involve either the interpretation and application of state statutes or the application of legal principles from Texas appellate court opinions (or the failure to properly apply such legal principles or opinions) to controversies under this article shall be submitted initially to arbitration, but that either Party shall have a limited right of appeal from an arbitration award in the Courts, solely for the purpose of reviewing disputed issues of law. No such appeal from arbitration shall include review of any factual determinations by the arbitrator, including credibility of witnesses or weight of the evidence. If an appeal from arbitration based on erroneous application of the law is not successful, the appealing Party shall bear all costs of such appeal.
(d) If a dispute is submitted to arbitration, within seven (7) business days, the Department Head and/or the City and the Association may mutually agree on the selection of an arbitrator or, if unable to agree, within thirty (30) days shall select an arbitrator by alternately striking names from the Parties’ pre-determined panel of six (6) qualified neutral arbitrators. The process will be as follows: the Association shall strike the first name under this article with the first dispute brought under this Article. Thereafter, the first strike shall alternate between the Parties. Should any panel member subsequently refuse or be unable to continue to serve on the panel, the P...
Arbitration Option. Upon mutual agreement of the parties hereto, we may elect to resolve any Dispute in a cost effective manner through binding arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon the parties. In such a circumstance, any judgment or the award rendered by the ADR provider shall be final and binding.
Arbitration Option. Any appeal of an arbitrator’s award shall be in accordance with the provisions of the Uniform Arbitration Act as provided by Section 8 of the IPLRA. Pursuant to Article VII, Section 6, of the Illinois Constitution of 1970 and Section 15 of the IPLRA, the foregoing provisions with respect to discipline and the appeal and review of discipline shall be in lieu of, and shall expressly supersede and preempt, any provisions that might otherwise be applicable under either 65 ILCS § 10-2.1-17, or the Rules and Regulations of the Village Board of Fire and Police Commissioners.
Arbitration Option. At step four (4) of the aforementioned process, the grievant may make an irrevocable decision to pursue arbitration in lieu of a Personnel Committee hearing. When a grievance has been timely referred to arbitration, the parties shall promptly meet and attempt to mutually agree upon an arbitrator. Should an expeditious selection of arbitrator not be possible, either party may request from the Federal Mediation and Conciliation Service (FMCS) a list of seven (7) arbitrator's names, experience, education, (vita) and fees charged. Upon receipt of the FMCS list, the parties shall meet and strike names, with a coin toss determining who strikes first. Names shall be eliminated alternately until only one (1) name remains. The arbitrator whose name is thus selected shall hear the dispute and render a decision subject to the limitations imposed in this Article. In the event the arbitrator finds he has no authority or power to rule the case, the matter shall be referred back to the parties without decision or recommendation on the merits of the case. In any grievance in which there is a dispute as to the substantive grievability or arbitrability of the matter at hand, the arbitrator shall rule first on this issue. The arbitrator shall only consider and render a decision with respect to the specific issue originally grieved and submitted, and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall have no authority to make or impose a decision which is inconsistent with State, Federal law, City ordinance or this Agreement. The arbitrator shall have no power or authority to award punitive damages. The arbitrator shall render a decision within thirty (30) days after the hearing. The decision shall be final and binding upon the parties to the grievance provided the decision does not involve action by the City which is beyond its jurisdiction. The expense of the arbitration shall be borne equally by the parties hereto. Each party shall be responsible for their respective legal and other expenses. Neither the arbitrator nor any other person or persons involved in the grievance procedure shall have the power to negotiate new agreements or to change, modify, amend, add to, subtract from, or otherwise alter the present provisions of this Agreement.
Arbitration Option. Each of us will have the right to choose arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
Arbitration Option. (a) Any Finance Party or the Company may by notice in writing to the relevant party/parties to a Dispute at the address given for the sending of notices under this Agreement pursuant to Clause 31 (Notices) require that a Dispute be finally resolved by arbitration under the Rules of Arbitration of the London Court of Arbitration (“LCIA”) in force at the time the arbitration commences, which rules are deemed incorporated by reference into this Clause.
(b) Notice under paragraph (a) above must be given before any substantive defence or response has been submitted in any formal legal proceedings that have been commenced in respect of the Dispute in accordance with Clause 40 (Enforcement).
Arbitration Option. For any Claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost-‐effective manner through binding non-‐ appearance-‐based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
