Arbitration or Litigation. If a Dispute is not resolved within 45 days after the service of a Dispute Notice, the Dispute will be resolved through arbitration under clause (i) below, except that if the Dispute involves infringement, other violation, validity, enforceability, or ownership of intellectual property rights, either party may initiate litigation under clause (ii) below.
Arbitration or Litigation. Disputes arising from this Agreement between Design Professional and University which cannot be settled through negotiation or mediation shall be subject to arbitration or litigation as follows
Arbitration or Litigation. If the dispute has not been resolved through informal negotiation and mediation as provided above, the next step in the Dispute Resolution process is either arbitration or litigation as provided below. • Disputes Subject to Litigation: Claims under $25,000 United States Dollars or local currency equivalent with no claim for equitable relief. If a claim seeks less than $25,000 United States Dollars or local currency equivalent and equitable relief is NOT sought, an action may be brought pursuant to the arbitration policy if the parties agree. If the parties do not agree to resolve the dispute through arbitration, a claim may be brought before the small claims court or the court of general jurisdiction in the county in which either party resides or has its principal place of business. • Disputes Subject to Arbitration: Claims for $25,000 United States Dollars or local currency equivalent or more or claims seeking equitable relief - Confidential Binding Arbitration. If a claim seeks $25,000 United States Dollars or local currency equivalent or more, or seeks equitable relief, and the parties do not successfully resolve their dispute through the negotiation and mediation procedures above, the dispute shall be resolved through binding confidential arbitration as set forth below.
Arbitration or Litigation. 9.3.1 Disputes arising from this Agreement between CM and University which cannot be settled through negotiation or mediation shall be subject to arbitration or litigation as follows:
Arbitration or Litigation. 6.2.1 Xxxxxx and Client agree that from time to time, there may be conflicts, disputes and/or disagreements between them, arising out of or relating to the services of Xxxxxx, the Project(s), or this Agreement (hereinafter collectively referred to as “Disputes”) which may not be resolved through mediation. Therefore, Xxxxxx and Client agree that all Disputes shall be resolved by binding arbitration or litigation at the sole discretion and choice of Xxxxxx. If Xxxxxx chooses arbitration, the arbitration proceeding shall proceed in accordance with the Construction Industry Arbitration Rules of the AAA.
6.2.2 Client hereby agrees that Xxxxxx shall have the right to include Client, by consolidation, joinder or other manner, in any arbitration or litigation involving Xxxxxx and a subconsultant or subcontractor of Xxxxxx or Xxxxxx and any other person or entity, regardless of who originally initiated such proceedings.
6.2.3 If Xxxxxx chooses arbitration or litigation, either may be commenced at any time prior to or after completion of the Project(s), provided that if arbitration or litigation is commenced prior to the completion of the Project(s), the obligations of the parties under the terms of this Agreement shall not be altered by reason of the arbitration or litigation being conducted. Any arbitration hearings or litigation shall take place in Lincoln, Nebraska, the location of Xxxxxx’x home office.
6.2.4 Except to the extent prohibited by law, the prevailing party in any arbitration or litigation relating to any Dispute shall be entitled to recover from the other party those reasonable attorney fees, costs and expenses incurred by the prevailing party in connection with the Dispute. In the event of a Dispute involving a Claim (as hereinafter defined) against Xxxxxx, Xxxxxx shall be considered the “prevailing party” if Client is awarded materially less than the full amount of damages claimed by the Client in connection with the Dispute. In all other Disputes, “prevailing party” shall mean the party (if any) who obtains all, or substantially all, of the relief requested by that party in connection with the Dispute.
Arbitration or Litigation. 6.2.1 Olsson and Client agree that from time to time, there may be conflicts, disputes and/or disagreements between them, arising out of or relating to the services of Olsson, the Project(s), or this Agreement (hereinafter collectively referred to as “Disputes”) which may not be resolved through mediation. Therefore, Olsson and Client agree that all Disputes shall be resolved by binding arbitration or lit igation at the sole discretion and choice of Olsson. If Olsson chooses arbitration, the arbitration proceeding shall proceed in accordance with the Construction Industry Arbitration Rules of the AAA.
6.2.2 Client hereby agrees that Olsson shall have the right to include Client, by consolidation, joinder or other manner, in any arbitration or litigation involving Olsson and a subconsultant or subcontractor of Olsson or Olsson and any other person or entity, regardless of who originally initiated such proceedings.
6.2.3 If Olsson chooses arbitration or litigation, either may be commenced at any time prior to or after completion of the Project(s), provided that if arbitration or litigation is commenced prior to the completion of the Project(s), the obligations of the parties under the terms of this Agreement shall not be altered by reason of the arbitration or litigation being conducted. Any arbitration hearings or litigation shall take place in Lincoln, Nebraska, the location of Olsson’s home office.
6.2.4 The prevailing party in any arbitration or litigation relating to any Dispute shall be entitled to recover from the other party those reasonable attorney fees, costs and expenses incurred by the prevailing party in connection with the Dispute.
Arbitration or Litigation. (1) The Employer may make the election on whether to proceed with arbitration or litigation in the courts on its own accord by written notice to the Project Manager or shall make the election within thirty (30) days of the receipt of the Project Manager's written notice to make such an election. The Project Manager’s written notice shall:-
a. state the specific dispute or difference to be resolved and the nature of such dispute or difference; and
b. include a request that the Employer makes an election whether the dispute or difference as stated shall be resolved by reference to arbitration or by court proceedings.
(2) Should the Employer fail to make the election within thirty (30) days of the receipt of the written notice by the Project Manager, the dispute or difference shall be resolved by litigation before a Singapore court of competent jurisdiction.
(3) In the event that the matter is referred to arbitration, the Employer may elect to refer to arbitration all or any or any part of the dispute or difference as stated by the Project Manager in his written notice. Reference to arbitration in Singapore shall be in the English language in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force which rules are deemed to be incorporated by reference into this clause.
(4) The commencement of any arbitration proceedings shall in no way affect the continual performance of the obligation of the Project Manager under this Agreement.
(5) The arbitral tribunal shall consist of one (1) arbitrator to be agreed upon between the parties. Either party may propose to the other the name or names of one or more persons, one of whom would serve as the arbitrator.
(6) If no agreement is reached within thirty (30) days after receipt by one party of such a proposal from the other, the arbitrator shall be appointed by the Chairman of the SIAC. Any reference to arbitration under this clause shall be a submission to arbitration within the meaning of the Arbitration Act for the time being in force in Singapore.
Arbitration or Litigation. (a) If the parties fail to settle any Dispute in accordance with clause 19.2, the parties may agree to submit the Dispute for resolution to final and binding arbitration under the Rules of Arbitration of the Institute of Arbitrators and Mediators Australia by one or more arbitrators appointed in accordance with those rules.
(b) If the parties do not agree to refer the dispute to arbitration in accordance with clause 19.3(a), either party may submit the dispute for resolution to the non exclusive jurisdiction of the Courts of Victoria, Australia.
Arbitration or Litigation. If a Dispute is not resolved within 45 days after the service of a Dispute Notice, the Dispute will be resolved through arbitration under clause (a) or (d) below, except that if the Dispute involves infringement, other violation, validity, enforceability, or ownership of intellectual property rights, either party may initiate litigation under clause (b) below.
(a) Arbitration.
(i) Any arbitration will be administered by the International Centre for Dispute Resolution (the “ICDR”) in accordance with its International Arbitration Rules and before a panel of three arbitrators having experience or expertise in the subject matter of the Dispute. The claimant will designate an arbitrator in its request for arbitration and the respondent will designate an arbitrator in its answer to the request for arbitration. When the two co-arbitrators have been appointed, they will have 21 days to select a third arbitrator who will serve as the chair of the arbitral tribunal, and if they are unable to do so, the ICDR will appoint the chair by use of the “list method.” The place of arbitration will be New York, New York. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets.
Arbitration or Litigation. Any dispute of this Agreement which is not resolved through mediation, upon mutual agreement of the Parties may be submitted to arbitration, to be conducted in Wilsonville, Oregon before a single arbitrator selected by mutual agreement of the Parties. The arbitrator shall have substantial experience in commercial real estate and construction disputes. If the Parties are unable to mutually agree upon and select an arbitrator within twenty (20) days, then any Party may file an action in Clackamas County Circuit Court in lieu of arbitration and there will be no obligation to arbitrate unless otherwise required by Oregon law. If arbitrated, judgment upon the arbitrator’s award may be entered in any court having jurisdiction of the matter.
