Arbitration Procedures. The three arbitrators shall make all of their decisions by majority vote. The enforcement of this Agreement to arbitrate, the validity, construction, and interpretation of this Agreement to arbitrate, and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Act. In deciding the substance of the parties’ Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s law). The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, except as modified in this Agreement. It is contemplated that although the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be self-administered by the Parties; provided, if a Party believes the process will be enhanced if it is administered by the American Arbitration Association, such Party shall have the right to cause the process to become administered by the American Arbitration Association by applying to the American Arbitration Association and, thereafter, the arbitration shall be conducted pursuant to the administration of the American Arbitration Association. In determining the extent of discovery, the number and length of depositions, and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible to streamline the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted within 120 days of the selection of the third arbitrator. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators shall be kept confidential by the Parties.
Appears in 13 contracts
Samples: Purchase/Sale Agreement, Sale Agreement, Sale Agreement
Arbitration Procedures. The three arbitrators shall make all of their decisions by majority vote. The enforcement of this Agreement This Arbitration Section is made pursuant to arbitrate, the validity, constructiona transaction involving interstate commerce, and interpretation of this Agreement to arbitrate, and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Act. In deciding , 9 U.S.C. Sections 1-16, as it may be amended (the substance of the parties’ Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s law“FAA”). The arbitration shall be conducted in accordance governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Section shall control if it is inconsistent with the Commercial Arbitration Rules applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the American Arbitration Associationbasis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except as modified in this Agreementfor any right of appeal provided by the FAA. It is contemplated However, any party can appeal that although the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be selfaward to a three-arbitrator panel administered by the Parties; providedsame arbitration organization, if a Party believes which shall consider anew any aspect of the process will be enhanced if initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is administered by the American Arbitration Association, such Party shall have exercising the right to cause the process to become administered by the American Arbitration Association by applying to the American Arbitration Association and, thereafter, of appeal. The appeal shall be filed with the arbitration shall be conducted organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to the administration of the American Arbitration Association. In determining the extent of discovery, the number its Code and length of depositions, and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible to streamline the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted issue its decision within 120 one hundred twenty (120) days of the selection date of the third arbitratorappellant’s written notice. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators panel shall be kept confidential by the Partiesmajority vote and shall be final and binding.
Appears in 9 contracts
Samples: Cardholder Agreement, Cardholder Agreement, Cardholder Agreement
Arbitration Procedures. The three arbitrators shall make all of their decisions by majority vote. The enforcement of this Agreement This Arbitration Provision is made pursuant to arbitrate, the validity, constructiona transaction involving interstate commerce, and interpretation of this Agreement to arbitrate, and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Act. In deciding , 9 U.S.C. Sections 1-16, as it may be amended (the substance of the parties’ Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s law“FAA”). The arbitration shall be conducted in accordance governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Provision shall control if it is inconsistent with the Commercial Arbitration Rules applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the American Arbitration Associationbasis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except as modified in this Agreementfor any right of appeal provided by the FAA. It is contemplated However, any party can appeal that although the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be selfaward to a three-arbitrator panel administered by the Parties; providedsame arbitration organization, if a Party believes which shall consider anew any aspect of the process will be enhanced if initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is administered by the American Arbitration Association, such Party shall have exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to cause its Code and issue its decision within one hundred and twenty (120) days of the process to become administered date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding. Location of Arbitration/Payment of Fees. Any arbitration hearing that you attend shall take place in the American Arbitration Association by applying to federal judicial district of your primary residence. At the American Arbitration Association and, thereafterconclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration shall be conducted pursuant to the administration of the American Arbitration Association(or appeal). In determining the extent of discovery, the number If and length of depositions, and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to streamline your billing address and would have had jurisdiction over the proceedings and minimize Claim, we will reimburse you to that extent unless the time and cost of arbitrator (or panel) determines that the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted within 120 days of the selection of the third arbitrator. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators shall be kept confidential by the Partiesfees were incurred without any substantial justification.
Appears in 9 contracts
Samples: Cardholder Agreement, Cardholder Agreement, Cardholder Agreement
Arbitration Procedures. The three arbitrators shall make all of their decisions by majority vote. The enforcement of this Agreement This Arbitration Provision is made pursuant to arbitrate, the validity, constructiona transaction involving interstate commerce, and interpretation of this Agreement to arbitrate, and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Act. In deciding , 9 U.S.C. Sections 1-16, as it may be amended (the substance of the parties’ Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s law“FAA”). The arbitration shall be conducted in accordance governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Provision shall control if it is inconsistent with the Commercial Arbitration Rules applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the American Arbitration Associationbasis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except as modified in this Agreementfor any right of appeal provided by the FAA. It is contemplated However, any party can appeal that although the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be selfaward to a three-arbitrator panel administered by the Parties; providedsame arbitration organization, if a Party believes which shall consider anew any aspect of the process will be enhanced if initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is administered by the American Arbitration Association, such Party shall have exercising the right to cause the process to become administered by the American Arbitration Association by applying to the American Arbitration Association and, thereafter, of appeal. The appeal shall be filed with the arbitration shall be conducted organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to the administration of the American Arbitration Association. In determining the extent of discovery, the number its Code and length of depositions, issue its decision within one hundred and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible to streamline the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted within 120 twenty (120) days of the selection date of the third arbitratorappellant’s written notice. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators panel shall be kept confidential by the Partiesmajority vote and shall be final and binding.
Appears in 8 contracts
Samples: Cardholder Agreement, Deposit Account Agreement, Cardholder Agreement
Arbitration Procedures. The three arbitrators shall make all of their decisions by majority vote. The enforcement of this Agreement This Arbitration Provision is made pursuant to arbitrate, the validity, constructiona transaction involving interstate commerce, and interpretation of this Agreement to arbitrate, and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Act. In deciding , 9 U.S.C. Sections 1-16, as it may be amended (the substance of the parties’ Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s law“FAA”). The arbitration shall be conducted in accordance governed by the applicable Code, except that (to the extent enforceable under the FAA) this arbitration Provision shall control if it is inconsistent with the Commercial Arbitration Rules applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the American Arbitration Associationbasis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except as modified in this Agreementfor any right of appeal provided by the FAA. It is contemplated However, any party can appeal that although the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be selfaward to a three-arbitrator panel administered by the Parties; providedsame arbitration organization, if a Party believes which shall consider anew any aspect of the process will be enhanced if initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is administered by the American Arbitration Association, such Party shall have exercising the right to cause the process to become administered by the American Arbitration Association by applying to the American Arbitration Association and, thereafter, of appeal. The appeal shall be filed with the arbitration shall be conducted organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to the administration of the American Arbitration Association. In determining the extent of discovery, the number its Code and length of depositions, and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible to streamline the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted issue its decision within 120 one hundred twenty (120) days of the selection date of the third arbitratorappellant’s written notice. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators panel shall be kept confidential by the Partiesmajority vote and shall be final and binding.
Appears in 7 contracts
Samples: Cardholder Agreement, Cardholder Agreement, Cardholder Agreement
Arbitration Procedures. The three arbitrators shall make all of their decisions by majority vote. The enforcement of this Agreement This Arbitration Provision is made pursuant to arbitrate, the validity, constructiona transaction involving interstate commerce, and interpretation of this Agreement to arbitrate, and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Act. In deciding , 9 U.S.C. Sections 1-16, as it may be amended (the substance of the parties’ Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s law“FAA”). The arbitration shall be conducted in accordance governed by the applicable Code, except that (to the extent enforceable under the FAA) this arbitration Provision shall control if it is inconsistent with the Commercial Arbitration Rules applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the American Arbitration Associationbasis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except as modified in this Agreementfor any right of appeal provided by the FAA. It is contemplated However, any party can appeal that although the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be selfaward to a three-arbitrator panel administered by the Parties; providedsame arbitration organization, if a Party believes which shall consider anew any aspect of the process will be enhanced if initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is administered by the American Arbitration Association, such Party shall have exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to cause its Code and issue its decision within one hundred twenty (120) days of the process to become administered date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding. Location of Arbitration/Payment of Fees. Any arbitration hearing that you attend shall take place in the American Arbitration Association by applying to federal judicial district of your primary residence. At the American Arbitration Association and, thereafterconclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration shall be conducted pursuant to the administration of the American Arbitration Association(or appeal). In determining the extent of discovery, the number If and length of depositions, and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to streamline your billing address and would have had jurisdiction over the proceedings and minimize Claim, we will reimburse you to that extent unless the time and cost of arbitrator (or panel) determines that the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted within 120 days of the selection of the third arbitrator. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators shall be kept confidential by the Partiesfees were incurred without any substantial justification.
Appears in 7 contracts
Samples: Cardholder Agreement, Cardholder Agreement, Cardholder Agreement
Arbitration Procedures. The Whenever a Party decides to institute arbitration proceedings, it shall give written notice to the other Party. A single arbitrator mutually chosen by the Parties shall conduct the arbitration. If the Parties cannot agree upon a single arbitrator within fifteen (15) days after the institution of the arbitration proceeding, then the arbitration will be conducted by a panel of three arbitrators shall make all of their decisions by majority vote. The enforcement of this Agreement to arbitrate, the validity, construction, and interpretation of this Agreement to arbitrate, and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Act. In deciding the substance of the parties’ Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s law). The arbitration shall be conducted appointed in accordance with the Commercial Arbitration Rules of the American Arbitration Association, except as modified in this Agreement. It is contemplated that although the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be self-administered by the Partiesapplicable AAA rules; provided, if however, that each Party shall within thirty (30) days after the institution of the arbitration proceedings appoint one arbitrator, with the third arbitrator being chosen by the other two arbitrators. If only one Party appoints an arbitrator, then such arbitrator shall be entitled to act as the sole arbitrator to resolve the controversy. All arbitrator(s) eligible to conduct the arbitration must agree to render their opinion(s) within thirty (30) days after completion of the final arbitration hearing. The arbitrator(s) shall have the authority to grant injunctive relief and specific performance, and to allocate between the Parties the costs of arbitration in an equitable manner; provided, however, that each Party shall bear its own costs, attorneys fees and witness fees. [*] Confidential treatment requested; certain information omitted and filed separately with the SEC. Notwithstanding the terms of this Section, a Party believes the process will be enhanced if it is administered by the American Arbitration Association, such Party shall also have the right to cause the process to become administered by the American Arbitration Association by applying obtain, prior to the American Arbitration Association and, thereafter, arbitrator(s) rendering the arbitration decision, provisional remedies, including injunctive relief or specific performance, from a court having jurisdiction thereof. The arbitrator(s) will, upon the request of either Party, issue a written opinion of the findings of fact and conclusions of law and shall deliver a copy to each of the Parties. Decisions of the arbitrator(s) shall be conducted pursuant to the administration final and binding on all of the American Arbitration AssociationParties. In determining Judgment upon the extent award rendered may be entered in the highest court or forum, state or federal, having jurisdiction; provided, however, that the provisions of discovery, this Section will not apply to decisions on the number and length validity of depositions, and all other pre-hearing matters, the arbitrators shall endeavor patent claims or to the extent possible any dispute or controversy as to streamline the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted within 120 days of the selection of the third arbitrator. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators shall be kept confidential by the Partieswhich any treaty or law prohibits such arbitration.
Appears in 6 contracts
Samples: License Agreement (Furiex Pharmaceuticals, Inc.), License Agreement (Furiex Pharmaceuticals, Inc.), License Agreement (Furiex Pharmaceuticals, Inc.)
Arbitration Procedures. The three arbitrators shall make all of their decisions by majority vote. The enforcement of this Agreement This Arbitration Provision is made pursuant to arbitrate, the validity, constructiona transaction involving interstate commerce, and interpretation of this Agreement to arbitrate, and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Act. In deciding , 9 U.S.C. Sections 1- 16, as it may be amended (the substance of the parties’ Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s law“FAA”). The arbitration shall be conducted in accordance governed by the applicable Code, except that (to the extent enforceable under the FAA) this arbitration Provision shall control if it is inconsistent with the Commercial Arbitration Rules applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the American Arbitration Associationbasis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except as modified in this Agreementfor any right of appeal provided by the FAA. It is contemplated However, any party can appeal that although the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be selfaward to a three-arbitrator panel administered by the Parties; providedsame arbitration organization, if a Party believes which shall consider anew any aspect of the process will be enhanced if initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is administered by the American Arbitration Association, such Party shall have exercising the right to cause the process to become administered by the American Arbitration Association by applying to the American Arbitration Association and, thereafter, of appeal. The appeal shall be filed with the arbitration shall be conducted organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to the administration of the American Arbitration Association. In determining the extent of discovery, the number its Code and length of depositions, and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible to streamline the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted issue its decision within 120 one hundred twenty (120) days of the selection date of the third arbitratorappellant’s written notice. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators panel shall be kept confidential by the Partiesmajority vote and shall be final and binding.
Appears in 6 contracts
Samples: Ipsipay Agreement, Mygenesis Wallet Agreement, Mygenesis Wallet Agreement
Arbitration Procedures. The three arbitrators Within 20 business days following the appointment of the arbitrator, Member shall make all deliver to the Exchange and the arbitrator a statement (a “Complaint”) concisely setting forth the facts and law upon which it relies and the relief or remedy sought. Within 20 business days following receipt of their decisions by majority vote. The enforcement of this Agreement to arbitratethe Complaint, the validityExchange shall deliver to Member and the arbitrator a response (an “Answer”) to the Complaint concisely setting forth its position and the facts and law upon which it relies supporting the Decision. If the Exchange fails to deliver an Answer within such 20-business day period, construction, the Exchange shall be deemed to have admitted the allegations of fact alleged in the Complaint and interpretation of this Agreement have accepted Member’s entitlement to arbitrate, the relief and all procedural aspects remedy set out in the Complaint. Within 10 business days after receipt of the proceeding pursuant Answer, Member may deliver to this Agreement the Exchange and the arbitrator a reply to arbitratethe Answer concisely setting forth its response, if any, to the Answer. Within 10 business days after the later of: (i) delivery of the Answer by the Exchange; and (ii) delivery of any reply to the Answer by Member, in either case, Member or the Exchange may, upon notice to the other party and the arbitrator, request the arbitrator to give directions and make any order which is, in the discretion of the arbitrator, reasonable regarding any procedural matters which properly should be resolved before the arbitrator proceeds further, including, without limitation, the issues subject to arbitrationamendment of any pleadings, the scope production of documents and the need for examinations for discovery, either by way of oral examination or written interrogatories, and a determination as to the manner in which evidence shall be presented to the arbitrator. In making any order or giving any direction in respect of any procedural matter, the arbitrator may impose such terms as are reasonable in order to ensure the completion of the arbitrable issuesarbitration in a timely manner. If neither the Exchange nor Member requests directions as provided above, allegations of “fraud within an additional 10 business days, the arbitrator shall give directions regarding the further procedural steps in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by including any production of documents, any examinations for discovery and construed pursuant to the Federal Arbitration Act. In deciding the substance of the parties’ Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s law). The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, except as modified in this Agreement. It is contemplated that although the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be self-administered by the Parties; provided, if a Party believes the process will be enhanced if it is administered by the American Arbitration Association, such Party shall have the right to cause the process to become administered by the American Arbitration Association by applying to the American Arbitration Association and, thereafter, the arbitration shall be conducted pursuant to the administration of the American Arbitration Association. In determining the extent of discovery, the number and length of depositions, and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible to streamline the proceedings and minimize the time and cost place of the proceedingsfirst hearing. There Member and the Exchange shall be no transcript present at each hearing and produce any and all records, books, documents and papers respect the subject matter of the hearingdispute. The final hearing Each of Member and the Exchange shall be conducted within 120 days of the selection of the third arbitrator. The final hearing shall not exceed 10 Business Days, with each Party have an opportunity to be granted one-half of the allocated time to present its case make oral submissions to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators shall be kept confidential by the Partiesarbitrator.
Appears in 5 contracts
Samples: Member Agreement, Member Agreement, Member Agreement
Arbitration Procedures. The three arbitrators This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall make all of their decisions be governed by majority votethe Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The enforcement arbitration shall be governed by the applicable Code, except that this Arbitration Provision shall control if it is inconsistent with the applicable Code or with other provisions of this Agreement to arbitrateAgreement. The arbitrator will be selected under the administrator’s rules, except that the validity, construction, and interpretation of this Agreement to arbitrate, and all procedural aspects arbitrator must be a lawyer with experience in the subject matter of the proceeding pursuant Claim or a retired judge, unless you and we agree otherwise in writing. The arbitrator shall apply the applicable substantive law, consistent with the FAA, that would apply if an individual matter had been brought in court. The arbitrator may award any damages or other relief of remedies that would apply under applicable law to this Agreement to arbitratean individual action brought in court, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, punitive damages (which shall be governed by the Constitutional standards employed by the courts) and construed pursuant injunctive, equitable, and declaratory relief (but only in favor of the individual party seeking relief and only to the Federal Arbitration Act. In deciding the substance of the parties’ Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles extent necessary to provide relief warranted by that might call for the application of some other Stateparty’s lawindividual claim). The arbitration arbitrator will have the authority to award fees and costs of attorneys, witnesses and experts to the extent permitted by the administrator’s rules or applicable law. The arbitrator shall be conducted in accordance with apply applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the Commercial Arbitration Rules timely request of either party, shall provide a brief written explanation of the American Arbitration Associationbasis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within 15 days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within 20 days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except as modified for any right of appeal provided by the FAA. However, if the amount in this Agreement. It is contemplated controversy exceeds, $50,000, any party can appeal that although the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be selfaward to a three-arbitrator panel administered by the Parties; providedsame arbitration organization, if a Party believes which shall consider anew any aspect of the process will be enhanced if initial award objected to by the appealing party. The appealing party shall have 30 days from the date of entry of the written arbitration award to notify the arbitration organization that it is administered by the American Arbitration Association, such Party shall have exercising the right to cause the process to become administered by the American Arbitration Association by applying to the American Arbitration Association and, thereafter, of appeal. The appeal shall be filed with the arbitration shall be conducted organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to the administration of the American Arbitration Association. In determining the extent of discovery, the number its Code and length of depositions, and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible to streamline the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted issue its decision within 120 days of the selection date of the third arbitratorappellant’s written notice. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators panel shall be kept confidential by majority vote and shall be final and binding except for any appeal rights under the PartiesFAA.
Appears in 3 contracts
Samples: ® Cardholder Agreement, Prepaid Mastercard Cardholder Agreement, Prepaid Debit Card Agreement
Arbitration Procedures. The three arbitrators shall make all of their decisions by majority vote. The enforcement of this Agreement This Arbitration Provision is made pursuant to arbitrate, the validity, constructiona transaction involving interstate commerce, and interpretation of this Agreement to arbitrate, and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Act. In deciding , 9 U.S.C. Sections 1-16, as it may be amended (the substance of the parties’ Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s law“FAA”). The arbitration shall be conducted in accordance governed by the applicable Code, except that (to the extent enforceable under the FAA) this arbitration Provision shall control if it is inconsistent with the Commercial Arbitration Rules applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the American Arbitration Associationbasis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within 15 days of receiving the requesting party’s notice. The granting or denial of such a request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within 20 days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except as modified in this Agreementfor any right of appeal provided by the FAA. It is contemplated However, any party can appeal that although the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be selfaward to a three-arbitrator panel administered by the Parties; providedsame arbitration organization, if a Party believes which shall consider anew any aspect of the process will be enhanced if initial award objected to by the appealing party. The appealing party shall have 30 days from the date of entry of the written arbitration award to notify the arbitration organization that it is administered by the American Arbitration Association, such Party shall have exercising the right to cause the process to become administered by the American Arbitration Association by applying to the American Arbitration Association and, thereafter, of appeal. The appeal shall be filed with the arbitration shall be conducted organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to the administration of the American Arbitration Association. In determining the extent of discovery, the number its Code and length of depositions, and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible to streamline the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted issue its decision within 120 days of the selection date of the third arbitratorappellant’s written notice. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators panel shall be kept confidential by the Partiesmajority vote and shall be final and binding.
Appears in 3 contracts
Arbitration Procedures. The three arbitrators shall make YOU and the Company agree that, except as provided in Section 9.4 below, all of their decisions by majority vote. The enforcement of this Agreement to arbitratedisputes, the validity, construction, controversies and interpretation of this Agreement to arbitrate, and all procedural aspects of the proceeding pursuant claims related to this Agreement (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to arbitrate, including, without limitationthe other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in this Agreement. In the event of a conflict between the terms set forth in this Section 9 and the JAMS Rules, the issues subject terms in this Section 9 will control and prevail. Except as otherwise set forth in Section 9.4, YOU may seek any remedies available to arbitrationYOU under federal, the scope of the arbitrable issues, allegations of “fraud state or local laws in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct an arbitration action. As part of the arbitration, both YOU and We will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by and construed pursuant to the Federal Arbitration ActAct and determined by a court rather than an arbitrator. In deciding the substance of the parties’ Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s law). The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, except Except as modified otherwise provided in this Agreement. It is contemplated that although , (i) YOU and the arbitration Company may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision shall be conducted final, binding on all parties and enforceable in accordance with any court that has jurisdiction, provided that any award may be challenged if the Commercial Arbitration Rules of the American Arbitration Associationarbitrator fails to follow applicable law. BY AGREEING TO THIS ARBITRATION PROVISION, the arbitration proceeding will be self-administered by the Parties; provided, if a Party believes the process will be enhanced if it is administered by the American Arbitration Association, such Party shall have the right to cause the process to become administered by the American Arbitration Association by applying to the American Arbitration Association and, thereafter, the arbitration shall be conducted pursuant to the administration of the American Arbitration Association. In determining the extent of discovery, the number and length of depositions, and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible to streamline the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted within 120 days of the selection of the third arbitrator. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators shall be kept confidential by the PartiesYOU UNDERSTAND THAT YOU AND THE COMPANY WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
Appears in 3 contracts
Samples: Please Read These, Audittoll End User Software License Agreement, Please Read These
Arbitration Procedures. The three arbitrators shall make all of their decisions by majority vote. The enforcement of this Agreement This Arbitration Provision is made pursuant to arbitrate, the validity, constructiona transaction involving interstate commerce, and interpretation of this Agreement to arbitrate, and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Act. In deciding , 9 U. S. C. Sections 1-16, as it may be amended (the substance of the parties’ Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s law“FAA”). The arbitration shall be conducted in accordance governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Provision shall control if it is inconsistent with the Commercial Arbitration Rules applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the American Arbitration Associationbasis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except as modified in this Agreementfor any right of appeal provided by the FAA. It is contemplated However, any party can appeal that although the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be selfaward to a three-arbitrator panel administered by the Parties; providedsame arbitration organization, if a Party believes which shall consider anew any aspect of the process will be enhanced if initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is administered by the American Arbitration Association, such Party shall have exercising the right to cause the process to become administered by the American Arbitration Association by applying to the American Arbitration Association and, thereafter, of appeal. The appeal shall be filed with the arbitration shall be conducted organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to the administration of the American Arbitration Association. In determining the extent of discovery, the number its Code and length of depositions, and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible to streamline the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted issue its decision within 120 one hundred twenty (120) days of the selection date of the third arbitratorappellant’s written notice. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators panel shall be kept confidential by the Partiesmajority vote and shall be final and binding.
Appears in 3 contracts
Samples: Cardholder Agreement, Cardholder Agreement, testapi.corecard.com
Arbitration Procedures. The three arbitrators shall make all Purchaser and Shareholders hereto agree that in the event of their decisions by majority vote. The enforcement a dispute between them relating to or arising out of this Agreement to arbitrateAgreement, the validity, construction, and interpretation of this Agreement involved parties shall submit such dispute to arbitrate, and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Actbinding arbitration as provided herein. In deciding the substance of the parties’ Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s law). The arbitration shall All arbitrations would be conducted in accordance with Denver, Colorado, or at another location mutually approved by the parties, pursuant to the Commercial Arbitration Rules of the American Arbitration Association, Association except as modified herein may be provided. If the panel used will consist of three arbitrators, such arbitrators will have experience in this Agreementthe printing industry and the decision of the arbitrators would be final and binding on all parties. It is contemplated that although the All arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be self-administered by the Parties; provided, if a Party believes the process will be enhanced if it is administered by the American Arbitration Association, such Party shall have the right to cause the process to become administered by the American Arbitration Association by applying to the American Arbitration Association and, thereafter, the arbitration shall be conducted undertaken pursuant to the administration of the American Federal Arbitration Association. In determining the extent of discoveryAct, the number and length of depositionswhere applicable, and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible to streamline the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted within 120 days of the selection of the third arbitrator. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators shall be kept confidential enforceable in any court of competent jurisdiction. All of the parties shall agree to waive their respective rights to further appeal or redress in any other court or tribunal except solely for the purpose of obtaining execution of the decision resulting from the arbitration proceeding. In any dispute where a party seeks $200,000.00 or more in damages or if the dispute involves whether the Purchaser or the Company properly determined to terminate the Agreement or refused to close the transactions contemplated by this Agreement, three arbitrators shall be employed to arbitrate the dispute. In the event that the dispute involves less than $200,000.00, there shall be one arbitrator. In the event of any arbitration or other legal proceeding brought by any party against another party with regard to any matter arising out of or related to this Agreement, each party hereby expressly agrees that the final award decision would also provide for all allocation and division between or among the parties to the arbitration, on a basis which is just and equitable under the circumstances, of all costs and expenses of the dispute, including without limitation court costs and arbitrators', reasonable attorneys', accountants' and expert witness fees, costs and expenses (including disbursements) incurred in connection with such proceedings. In resolving all disputes between the parties, the arbitrators shall apply the substantive law of the State of Delaware. The arbitrators are directed, by this Agreement, to conduct the arbitration hearing no later than three months from the service of the statement of claim and demand for arbitration unless good cause is shown establishing that the hearing cannot fairly and practically be so convened. Depositions shall be taken only as deemed appropriate by the Partiesarbitrator(s) and only where good cause is shown. Good cause is agreed to exist with respect to the depositions of officers and management personnel to the extent Knowledge, as defined in the Agreement at Section 12.1 therein, is relevant to the issue. Parties shall be entitled to conduct document discovery by requesting production of documents. Responses or objections shall be served twenty days after receipt of a request. The arbitrators shall resolve any discovery disputes of such preheating conferences as may be needed. All parties shall agree that the arbitrators and any counsel of record to the proceeding shall have the power or subpoena process as provided by law.
Appears in 2 contracts
Samples: Acquisition Agreement and Plan of Merger (Mail Well Inc), Acquisition Agreement and Plan of Merger (Mail Well Inc)
Arbitration Procedures. The three arbitrators shall make all of their decisions by majority vote. The enforcement of this Agreement This Arbitration Provision is made pursuant to arbitrate, the validity, constructiona transaction involving interstate commerce, and interpretation of this Agreement to arbitrate, and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Act. In deciding , 9 U.S.C. Sections 1-16, as it may be amended (the substance of the parties’ Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s law“FAA”). The arbitration shall be conducted in accordance governed by the applicable Code, except that (to the extent enforceable under the FAA) this arbitration Provision shall control if it is inconsistent with the Commercial Arbitration Rules applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the American Arbitration Associationbasis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except as modified in this Agreementfor any right of appeal provided by the FAA. It is contemplated However, any party can appeal that although the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be selfaward to a three-arbitrator panel administered by the Parties; providedsame arbitration organization, if a Party believes which shall consider anew any aspect of the process will be enhanced if initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is administered by the American Arbitration Association, such Party shall have exercising the right to cause the process to become administered by the American Arbitration Association by applying to the American Arbitration Association and, thereafter, of appeal. The appeal shall be filed with the arbitration shall be conducted organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to the administration of the American Arbitration Association. In determining the extent of discovery, the number its Code and length of depositions, issue its decision within one hundred and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible to streamline the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted within 120 twenty (120) days of the selection date of the third arbitratorappellant’s written notice. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators panel shall be kept confidential by the Partiesmajority vote and shall be final and binding.
Appears in 2 contracts
Samples: Cardholder Agreement, Cardholder Agreement
Arbitration Procedures. The three arbitrators shall make all of their decisions by majority vote. The enforcement of this Agreement This Arbitration Provision is made pursuant to arbitrate, the validity, constructiona transaction involving interstate commerce, and interpretation of this Agreement to arbitrate, and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Act. In deciding , 9 U.S.C. Sections 1-16, as it may be amended (the substance of the parties’ Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s law“FAA”). The arbitration shall be conducted in accordance governed by the applicable Code except that (to the extent enforceable under the FAA) this arbitration Provision shall control if it is inconsistent with the Commercial Arbitration Rules applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the American Arbitration Associationbasis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except as modified in this Agreementfor any right of appeal provided by the FAA. It is contemplated However, any party can appeal that although the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be selfaward to a three-arbitrator panel administered by the Parties; providedsame arbitration organization, if a Party believes which shall consider anew any aspect of the process will be enhanced if initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is administered by the American Arbitration Association, such Party shall have exercising the right to cause the process to become administered by the American Arbitration Association by applying to the American Arbitration Association and, thereafter, of appeal. The appeal shall be filed with the arbitration shall be conducted organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to the administration of the American Arbitration Association. In determining the extent of discovery, the number its Code and length of depositions, and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible to streamline the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted issue its decision within 120 one hundred twenty (120) days of the selection date of the third arbitratorappellant’s written notice. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators panel shall be kept confidential by the Partiesmajority vote and shall be final and binding.
Appears in 2 contracts
Samples: blxckcapital.com, blxckcapital.com
Arbitration Procedures. The three arbitrators shall make all In the event of their decisions by majority vote. The enforcement of this Agreement to arbitrate, any unresolved dispute between Parent and W regarding the validity, construction, and interpretation of this Agreement to arbitrate, and all procedural aspects termination of the proceeding Governance Agreement pursuant to this Agreement Section 7.17(c) thereof, Parent and W shall jointly submit such dispute to arbitratebinding arbitration in New York, includingNew York, without limitationor such other location as mutually agreed upon by Parent and W, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Act. In deciding the substance of the parties’ Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s law). The arbitration shall be conducted in accordance with the Commercial Rules for Non-Administered Arbitration Rules of the American Arbitration AssociationCPR Institute for Dispute Resolution (the "CPR"). Each of Parent and W shall select one arbitrator. If either party fails to make a selection, except as modified in this Agreementthe CPR shall select one arbitrator on behalf of such party. It is contemplated that although The two arbitrators so selected will choose within 20 days after their selection a third arbitrator (or, if they fail to make choice, the arbitration CPR shall choose a third arbitrator). All three arbitrators (the "Arbitrators") shall be conducted in accordance neutral arbitrators and subject to CPR Rules. In connection with any such arbitration, the Commercial Arbitration Rules following rules shall apply: (i) each of Parent and W shall furnish to the Arbitrators such documents and information as the Arbitrators may reasonably request and will be afforded the opportunity to present to the Arbitrators any material relevant to the existence of any material breach by Parent of any material provision of Article IV of the American Arbitration Association, Governance Agreement and whether Parent has cured such breach within 30 days after the arbitration proceeding will be self-administered receipt by the PartiesParent of written notice of such breach from W; provided, if a Party believes the process will be enhanced if it is administered by the American Arbitration Association, such Party (ii) each of Parent and W shall have the right to cause the process to become administered by the American Arbitration Association by applying to the American Arbitration Association and, thereafter, have counsel represent such party at the arbitration shall be conducted pursuant to the administration of the American Arbitration Association. In determining the extent of discovery, the number hearing and length of depositions, and all other in pre-arbitration proceedings; (iii) pre-hearing mattersdiscovery shall be limited to exchange or production of documents; (iv) the Arbitrators shall have the authority to resolve any discovery disputes and to invoke an action to cease or permit further discovery; (v) each party shall have the right to a written transcript made of the arbitration proceedings and submit a post-hearing brief within 20 days after the conclusion of the arbitration hearing; (vi) the Arbitrators shall have no power or authority, under the arbitrators CPR Rules or otherwise, to (A) modify or disregard any provision of the Governance Agreement, including this Annex B, or (B) address or resolve any issue other than the dispute submitted to such arbitration. The agreed upon decision of any two of the Arbitrators shall endeavor constitute the binding decision of the arbitration panel with respect to the extent possible dispute (the "Arbitration Decision"). The Arbitration Decision shall be in writing and made available to streamline both Parent and W. Such decision need not state the proceedings and minimize the time and cost reasoning of the proceedingsArbitrators in reaching their decision. There The Arbitrators shall be conduct the arbitration so that the Arbitration Decision is made or rendered as soon as practicable, but in no transcript event later than 30 days after the submission of the post-hearing briefs nor later than 30 days following the completion of the hearing, unless either period is reduced or extended by agreement of the parties, or by the Arbitrators for cause. The Arbitrators shall award the costs and expenses of the arbitration, including reasonable attorneys' fees, disbursements, and fees and expenses of the Arbitrators and CPR, to the prevailing party as the Arbitrators see fit. Any amount awarded in the final hearing decision of the Arbitrators shall be conducted paid by the party responsible therefor to the other party within 120 10 business days of rendering the selection of Arbitrators' Decision. Each party shall have the third arbitrator. The final hearing shall not exceed 10 Business Days, with each Party right to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and enforce the decision of the arbitrators shall be kept confidential Arbitrators in any judicial proceeding. ANNEX C Transferee of Warrants: Xxxxx Xxxxxx and/or his Affiliates ANNEX D Resolutions Proposed for Adoption by the Parties.Board of Directors of ITC/\DeltaCom, Inc.
Appears in 2 contracts
Samples: Governance Agreement (Itc Deltacom Inc), Governance Agreement (Itc Deltacom Inc)
Arbitration Procedures. The three arbitrators shall make all of their decisions by majority vote. The enforcement of this Agreement This Arbitration Provision is made pursuant to arbitrate, the validity, constructiona transaction involving interstate commerce, and interpretation of this Agreement to arbitrate, and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Act. In deciding , 9 U.S.C. Sections 1-16, as it may be amended (the substance of the parties’ Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s law“FAA”). The arbitration shall be conducted in accordance governed by the applicable Code, except that (to the extent enforceable under the FAA) this arbitration Provision shall control if it is inconsistent with the Commercial Arbitration Rules applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the American Arbitration Associationbasis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except as modified in this Agreementfor any right of appeal provided by the FAA. It is contemplated However, any party can appeal that although the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be selfaward to a three-arbitrator panel administered by the Parties; providedsame arbitration organization, if a Party believes which shall consider anew any aspect of the process will be enhanced if initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is administered by the American Arbitration Association, such Party shall have exercising the right to cause the process to become administered by the American Arbitration Association by applying to the American Arbitration Association and, thereafter, of appeal. The appeal shall be filed with the arbitration shall be conducted organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to the administration of the American Arbitration Association. In determining the extent of discovery, the number its Code and length of depositions, and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible to streamline the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted issue its decision within 120 one hundred twenty (120) days of the selection date of the third arbitratorappellant’s written notice. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators panel shall be kept confidential by the Partiesmajority vote and shall be final and binding.
Appears in 2 contracts
Samples: Cardholder Agreement, Cardholder Agreement
Arbitration Procedures. The three arbitrators shall make all of their decisions by majority vote. The enforcement of this Agreement to arbitrate, the validity, construction, and interpretation of this Agreement to arbitrate, and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud Afraud in the inducement” inducement@ to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Act. In deciding the substance of the parties’ ' Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law choice‑of‑law principles that might call for the application of some other State’s 's law). The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, except as modified in this Agreement. It is contemplated that although the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be self-administered self‑administered by the Partiesparties; provided, if a Party party believes the process will be enhanced if it is administered by the American Arbitration Association, such Party party shall have the right to cause the process to become administered by the American Arbitration Association by applying to the American Arbitration Association and, thereafter, the arbitration shall be conducted pursuant to the administration of the American Arbitration Association. In determining the extent of discovery, the number and length of depositions, and all other pre-hearing pre‑hearing matters, the arbitrators shall endeavor to the extent possible to streamline the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted within 120 days of the selection of the third arbitrator. The final hearing shall not exceed 10 Business Days, with each Party party to be granted one-half one‑half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators shall be kept confidential by the Partiesparties.
Appears in 2 contracts
Samples: Purchase and Sale Agreement, Gas Purchase and Sale Agreement
Arbitration Procedures. The three arbitrators shall make all of their decisions by majority vote. The enforcement of this Agreement This Arbitration Provision is made pursuant to arbitrate, the validity, constructiona transaction involving interstate commerce, and interpretation of this Agreement to arbitrate, and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Act. In deciding , 9 U.S.C. Sections 1-16, as it may be amended (the substance of the parties’ Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s law"FAA"). The arbitration shall be conducted in accordance governed by the applicable Code, except that (to the extent enforceable under the FAA) this arbitration Provision shall control if it is inconsistent with the Commercial Arbitration Rules applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the American Arbitration Associationbasis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except as modified in this Agreementfor any right of appeal provided by the FAA. It is contemplated However, any party can appeal that although the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be selfaward to a three-arbitrator panel administered by the Parties; providedsame arbitration organization, if a Party believes which shall consider anew any aspect of the process will be enhanced if initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is administered by the American Arbitration Association, such Party shall have exercising the right to cause the process to become administered by the American Arbitration Association by applying to the American Arbitration Association and, thereafter, of appeal. The appeal shall be filed with the arbitration shall be conducted organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to the administration of the American Arbitration Association. In determining the extent of discovery, the number its Code and length of depositions, and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible to streamline the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted issue its decision within 120 one hundred twenty (120) days of the selection date of the third arbitratorappellant’s written notice. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators panel shall be kept confidential by the Partiesmajority vote and shall be final and binding.
Appears in 2 contracts
Samples: Cardholder Agreement, Cardholder Agreement
Arbitration Procedures. The three arbitrators shall make all of their decisions by majority vote. The enforcement of this Agreement This Arbitration Provision is made pursuant to arbitrate, the validity, constructiona transaction involving interstate commerce, and interpretation of this Agreement to arbitrate, and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Act. In deciding , 9 U.S.C. Sections 1-16, as it may be amended (the substance of the parties’ Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s law"FAA"). The arbitration shall be conducted in accordance governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Provision shall control if it is inconsistent with the Commercial Arbitration Rules applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the American Arbitration Associationbasis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgm ent upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except as modified in this Agreementfor any right of appeal provided by the FAA. It is contemplated However, any party can appeal that although the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be selfaward to a three-arbitrator panel administered by the Parties; providedsame arbitration organization, if a Party believes which shall consider anew any aspect of the process will be enhanced if initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is administered by the American Arbitration Association, such Party shall have exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to cause its Code and issue its decision within one hundred twenty (120) days of the process to become administered date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding. Location of Arbitration/Payment of Fees. Any arbitration hearing that you attend shall take place in the American Arbitration Association by applying to federal judicial district of your primary residence. At the American Arbitration Association and, thereafterconclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration shall be conducted pursuant to the administration of the American Arbitration Association(or appeal). In determining the extent of discovery, the number If and length of depositions, and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to streamline your billing address and would have had jurisdiction over the proceedings and minimize Claim, we will reimburse you to that extent unless the time and cost of arbitrator (or panel) determines that the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted within 120 days of the selection of the third arbitrator. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators shall be kept confidential by the Partiesfees were incurred without any substantial justification.
Appears in 2 contracts
Samples: Cardholder Agreement, Cardholder Agreement
Arbitration Procedures. The three arbitrators shall make all of their decisions by majority vote. The enforcement of this Agreement This Arbitration Provision is made pursuant to arbitrate, the validity, constructiona transaction involving interstate commerce, and interpretation of this Agreement to arbitrate, and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Act. In deciding , 9 U. S. C. Sections 1-16, as it may be amended (the substance of the parties’ Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s law“FAA”). The arbitration shall be conducted in accordance governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Provision shall control if it is inconsistent with the Commercial Arbitration Rules applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the American Arbitration Associationbasis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except as modified in this Agreementfor any right of appeal provided by the FAA. It is contemplated However, any party can appeal that although the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be selfaward to a three-arbitrator panel administered by the Partiessame arbitration organization; provided, if a Party believes which shall consider anew any aspect of the process will be enhanced if initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is administered by the American Arbitration Association, such Party shall have exercising the right to cause the process to become administered by the American Arbitration Association by applying to the American Arbitration Association and, thereafter, of appeal. The appeal shall be filed with the arbitration shall be conducted organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to the administration of the American Arbitration Association. In determining the extent of discovery, the number its Code and length of depositions, and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible to streamline the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted issue its decision within 120 one hundred twenty (120) days of the selection date of the third arbitratorappellant’s written notice. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators panel shall be kept confidential by the Partiesmajority vote and shall be final and binding.
Appears in 2 contracts
Samples: Cardholder Agreement, Chickasaw Nation Grant Card Cardholder Agreement
Arbitration Procedures. The three arbitrators shall make all of their decisions by majority vote. The enforcement of this Agreement to arbitrate, the validity, construction, and interpretation of this Agreement to arbitrate, and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “"fraud in the inducement” " to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Act. In deciding the substance of the parties’ ' Disputes, the arbitrators shall apply the substantive laws of the State of Texas Illinois (excluding Texas Illinois choice-of-law principles that might call for the application of some other State’s 's law). The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, Association except as modified in this Agreement. It is contemplated that that, although the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will shall be self-administered by the Parties; provided, if a Party believes the process will shall be enhanced if it is administered by the American Arbitration Association, such Party shall have the right to cause the process to become administered by the American Arbitration Association by applying to the American Arbitration Association and, thereafter, the arbitration shall be conducted pursuant to the administration of the American Arbitration Association. In determining the extent of discovery, the number and length of depositions, and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible to streamline the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted within 120 one hundred twenty (120) days of the selection of the third arbitrator. Each Party shall submit to the arbitrators and exchange with each other in advance of the final hearing their last, best calculation of the damages due under this Agreement. The final hearing shall not exceed 10 ten (10) Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators shall be kept confidential by the Parties. At the conclusion of the final hearing, the arbitrators may allow a Party to resubmit its last, best calculation of the damages due under this Agreement to reflect any information, evidence or other factual material brought forth during the final hearing.
Appears in 2 contracts
Samples: Gas Purchase and Agency Agreement (North Shore Gas Co /Il/), Gas Purchase and Agency Agreement (North Shore Gas Co /Il/)
Arbitration Procedures. The three arbitrators shall make all of their decisions by majority vote. The enforcement of this Agreement This Arbitration Provision is made pursuant to arbitrate, the validity, constructiona transaction involving interstate commerce, and interpretation of this Agreement to arbitrate, and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Act. In deciding , 9 U.S.C. Sections 1-16, as it may be amended (the substance of the parties’ Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s law“FAA”). The arbitration shall be conducted in accordance governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Provision shall control if it is inconsistent with the Commercial Arbitration Rules applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the American Arbitration Associationbasis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except as modified in this Agreementfor any right of appeal provided by the FAA. It is contemplated However, any party can appeal that although the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be selfaward to a three-arbitrator panel administered by the Parties; providedsame arbitration organization, if a Party believes which shall consider anew any aspect of the process will be enhanced if initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is administered by the American Arbitration Association, such Party shall have exercising the right to cause the process to become administered by the American Arbitration Association by applying to the American Arbitration Association and, thereafter, of appeal. The appeal shall be filed with the arbitration shall be conducted organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to the administration of the American Arbitration Association. In determining the extent of discovery, the number its Code and length of depositions, and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible to streamline the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted issue its decision within 120 one hundred twenty (120) days of the selection date of the third arbitratorappellant’s written notice. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators panel shall be kept confidential by the Partiesmajority vote and shall be final and binding.
Appears in 2 contracts
Samples: Cardholder Agreement, Cardholder Agreement
Arbitration Procedures. The three arbitrators shall make YOU and Gleam Technologies agree that, except as provided in Section 10.4 below, all of their decisions by majority vote. The enforcement of this Agreement to arbitratedisputes, the validity, construction, controversies and interpretation of this Agreement to arbitrate, and all procedural aspects of the proceeding pursuant claims related to this Agreement (each a "Claim"), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to arbitrate, including, without limitationthe other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the "JAMS Rules") and under the terms set forth in this Agreement. In the event of a conflict between the terms set forth in this Section 10 and the JAMS Rules, the issues subject terms in this Section 10 will control and prevail. Except as otherwise set forth in Section 10.4, YOU may seek any remedies available to arbitrationYOU under federal, the scope of the arbitrable issues, allegations of “fraud state or local laws in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct an arbitration action. As part of the arbitration, both YOU and We will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator's decision regarding the Claim, the award given and the arbitrator's findings and conclusions on which the arbitrator's decision is based. The determination of whether a Claim is subject to arbitration shall be governed by and construed pursuant to the Federal Arbitration ActAct and determined by a court rather than an arbitrator. In deciding the substance of the parties’ Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s law). The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, except Except as modified otherwise provided in this Agreement. It is contemplated that although , (i) YOU and Gleam Technologies may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the arbitration award entered by the arbitrator; and (ii) the arbitrator's decision shall be conducted final, binding on all parties and enforceable in accordance with any court that has jurisdiction, provided that any award may be challenged if the Commercial Arbitration Rules of the American Arbitration Associationarbitrator fails to follow applicable law. BY AGREEING TO THIS ARBITRATION PROVISION, the arbitration proceeding will be self-administered by the Parties; provided, if a Party believes the process will be enhanced if it is administered by the American Arbitration Association, such Party shall have the right to cause the process to become administered by the American Arbitration Association by applying to the American Arbitration Association and, thereafter, the arbitration shall be conducted pursuant to the administration of the American Arbitration Association. In determining the extent of discovery, the number and length of depositions, and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible to streamline the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted within 120 days of the selection of the third arbitrator. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators shall be kept confidential by the PartiesYOU UNDERSTAND THAT YOU AND GLEAM TECHNOLOGIES WAIVE THE RIGHT TO XXX IN COURT AND HAVE A JURY TRIAL.
Appears in 1 contract
Samples: License Agreement
Arbitration Procedures. The three arbitrators shall make all of their decisions by majority vote. The enforcement of this Agreement to arbitrate, the validity, construction, and interpretation of this Agreement to arbitrate, and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Act. In deciding the substance of the parties’ Disputes, the arbitrators shall apply the substantive laws of the State of Texas Illinois (excluding Texas Illinois choice-of-law principles that might call for the application of some other State’s law). The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, except as modified in this Agreement. It is contemplated that although the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be self-administered by the Parties; provided, if a Party believes the process will be enhanced if it is administered by the American Arbitration Association, such Party shall have the right to cause the process to become administered by the American Arbitration Association by applying to the American Arbitration Association and, thereafter, the arbitration shall be conducted pursuant to the administration of the American Arbitration Association. In determining the extent of discovery, the number and length of depositions, and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible to streamline the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted within 120 days of the selection of the third arbitrator. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators shall be kept confidential by the Parties.
Appears in 1 contract
Samples: Master Firm Purchase
Arbitration Procedures. The three arbitrators shall make all Purchaser and Shareholders hereto agree that in the event of their decisions by majority vote. The enforcement a dispute between them relating to or arising out of this Agreement to arbitrateAgreement, the validity, construction, and interpretation of this Agreement involved parties shall submit such dispute to arbitrate, and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Actbinding arbitration as provided herein. In deciding the substance of the parties’ Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s law). The arbitration shall All arbitrations would be conducted in accordance with Denver, Colorado, or at another location mutually approved by the parties, pursuant to the Commercial Arbitration Rules of the American Arbitration Association, Association except as modified herein may be provided. If the panel used will consist of three arbitrators, such arbitrators will have experience in this Agreementthe printing industry and the decision of the arbitrators would be final and binding on all parties. It is contemplated that although the All arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be self-administered by the Parties; provided, if a Party believes the process will be enhanced if it is administered by the American Arbitration Association, such Party shall have the right to cause the process to become administered by the American Arbitration Association by applying to the American Arbitration Association and, thereafter, the arbitration shall be conducted undertaken pursuant to the administration of the American Federal Arbitration Association. In determining the extent of discoveryAct, the number and length of depositionswhere applicable, and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible to streamline the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted within 120 days of the selection of the third arbitrator. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators shall be kept confidential enforceable in any court of competent jurisdiction. All of the parties shall agree to waive their respective rights to further appeal or redress in any other court or tribunal except solely for the purpose of obtaining execution of the decision resulting from the arbitration proceeding. In any dispute where a party seeks $200,000.00 or more in damages or if the dispute involves whether the Purchaser or the Company properly determined to terminate the Agreement or refused to close the transactions contemplated by this Agreement, three arbitrators shall be employed to arbitrate the dispute. In the event that the dispute involves less than $200,000.00, there shall be one arbitrator. In the event of any arbitration or other legal proceeding brought by any party against another party with regard to any matter arising out of or related to this Agreement, each party hereby expressly agrees that the final award decision would also provide for all allocation and division between or among the parties to the arbitration, on a basis which is just and equitable under the circumstances, of all costs and expenses of the dispute, including without limitation court costs and arbitrators', reasonable attorneys', accountants' and expert witness fees, costs and expenses (including disbursements) incurred in connection with such proceedings. In resolving all disputes between the parties, the arbitrators shall apply the substantive law of the State of Delaware. The arbitrators are directed, by this Agreement, to conduct the arbitration hearing no later than three months from the service of the statement of claim and demand for arbitration unless good cause is shown establishing that the hearing cannot fairly and practically be so convened. Depositions shall be taken only as deemed appropriate by the Parties.arbitrator(s) and only where good cause is shown. Good cause is agreed to exist with respect to the depositions of officers and management personnel to the extent Knowledge, as defined in the Agreement at Section 12.1 therein, is relevant to the issue. Parties shall be entitled to conduct document discovery by requesting production of documents. Responses or objections shall be served twenty days after receipt of a request. The arbitrators shall resolve any discovery disputes of such preheating conferences as may be needed. All parties shall agree that the arbitrators and any counsel of record to the proceeding shall have the power or subpoena process as provided by law. 55
Appears in 1 contract
Samples: Acquisition Agreement and Plan of Merger (Mail Well Inc)
Arbitration Procedures. The three arbitrators shall make all of their decisions by majority vote. The enforcement of this Agreement to arbitrate, the validity, construction, and interpretation of this Agreement to arbitrate, and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud in the inducement” ' to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Act. In deciding the substance of the parties’ ' Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s 's law). The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, except as modified in this Agreement. It is contemplated that although the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be self-administered selfadministered by the Parties; provided, if a Party believes the process will be enhanced if it is administered by the American Arbitration Association, such Party shall have the right to cause the process to become administered by the American Arbitration Association by applying to the American Arbitration Association and, thereafter, the arbitration shall be conducted pursuant to the administration of the American Arbitration Association. In determining the extent of discovery, the number and length of depositions, and all other pre-pre- hearing matters, the arbitrators shall endeavor to the extent possible to streamline the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted within 120 days of the selection of the third arbitrator. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half onehalf of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators shall be kept confidential by the Parties.
Appears in 1 contract
Samples: Master Agreement (RGC Resources Inc)
Arbitration Procedures. The three arbitrators shall make all Purchaser and Shareholders hereto agree that in the event of their decisions by majority vote. The enforcement a dispute between them relating to or arising out of this Agreement to arbitrateAgreement, the validity, construction, and interpretation of this Agreement involved parties shall submit such dispute to arbitrate, and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Actbinding arbitration as provided herein. In deciding the substance of the parties’ Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s law). The arbitration shall All arbitrations would be conducted in accordance with Denver, Colorado, or at another location mutually approved by the parties, pursuant to the Commercial Arbitration Rules of the American Arbitration Association, Association except as modified herein may be provided. If the panel used will consist of three arbitrators, such arbitrators will have experience in this Agreementthe printing industry and the decision of the arbitrators would be final and binding on all parties. It is contemplated that although the All arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be self-administered by the Parties; provided, if a Party believes the process will be enhanced if it is administered by the American Arbitration Association, such Party shall have the right to cause the process to become administered by the American Arbitration Association by applying to the American Arbitration Association and, thereafter, the arbitration shall be conducted undertaken pursuant to the administration of the American Federal Arbitration Association. In determining the extent of discoveryAct, the number and length of depositionswhere applicable, and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible to streamline the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted within 120 days of the selection of the third arbitrator. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators shall be kept confidential enforceable in any court of competent jurisdiction. All of the parties shall agree to waive their respective rights to further appeal or redress in any other court or tribunal except solely for the purpose of obtaining execution of the decision resulting from the arbitration proceeding. In any dispute where a party seeks $200,000.00 or more in damages or if the dispute involves whether the Purchaser or the Company properly determined to terminate the Agreement or refused to close the transactions contemplated by this Agreement, three arbitrators shall be employed to arbitrate the dispute. In the event that the dispute involves less than $200,000.00, there shall be one arbitrator. In the event of any arbitration or other legal proceeding brought by any party against another party with regard to any matter arising out of or related to this Agreement, each party hereby expressly agrees that the final award decision would also provide for all allocation and division between or among the parties to the arbitration, on a basis which is just and equitable under the circumstances, of all costs and expenses of the dispute, including without limitation court costs and arbitrators', reasonable attorneys', accountants' and expert witness fees, costs and expenses (including disbursements) incurred in connection with such proceedings. In resolving all disputes between the parties, the arbitrators shall apply the substantive law of the State of Delaware. The arbitrators are directed, by this Agreement, to conduct the arbitration hearing no later than three months from the service of the statement of claim and demand for arbitration unless good cause is shown establishing that the hearing cannot fairly and practically be so convened. Depositions shall be taken only as deemed appropriate by the Parties.arbitrator(s) and only where good cause is shown. Good cause is agreed to exist with respect to the depositions of officers and management personnel to the extent Knowledge, as defined in the Agreement at Section 12.1 therein, is relevant to the issue. Parties shall be entitled to conduct document discovery by requesting production of documents. Responses or objections shall be served twenty days after receipt of a request. The arbitrators shall resolve any discovery disputes of such preheating conferences as may be needed. All parties shall agree that the arbitrators and any counsel of record to the proceeding shall have the power or subpoena process as provided by law. 57
Appears in 1 contract
Samples: Acquisition Agreement and Plan of Merger (Mail Well Inc)
Arbitration Procedures. The three arbitrators shall make all of their decisions by majority vote. The enforcement of this Agreement This Arbitration Provision is made pursuant to arbitrate, the validity, constructiona transaction involving interstate commerce, and interpretation of this Agreement to arbitrate, and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Act. In deciding , 9 U.S.C. Sections 1-16, as it may be amended (the substance of the parties’ Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s law"FAA"). The arbitration shall be conducted in accordance governed by the applicable Code, except that (to the extent enforceable under the FAA) this arbitration Provision shall control if it is inconsistent with the Commercial Arbitration Rules applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicablestatutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of thebasis for thedecision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to theother party, who may submitobjections to the arbitrator with a copy of the American Arbitration Associationobjections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days ofthe objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except as modified in this Agreementfor any right of appeal provided by the FAA. It is contemplated However, any party can appeal that although the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be selfaward to a three-arbitrator panel administered by the Parties; providedsame arbitration organization, if a Party believes which shall consider anew any aspect of the process will be enhanced if initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is administered by the American Arbitration Association, such Party shall have exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to cause its Code and issue its decision within one hundred twenty (120) days of the process to become administered date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding. Location of Arbitration/Payment of Fees. Any arbitration hearing that you attend shall take place in the American Arbitration Association by applying to federal judicial district of your primary residence. At the American Arbitration Association and, thereafterconclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration shall be conducted pursuant to the administration of the American Arbitration Association(or appeal). In determining the extent of discovery, the number If and length of depositions, and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible you incur filing, administrative and/or hearing fees in arbitration, including forany appeal, exceeding the amount they would have been if the Claim had been brought in the state orfederal court which is closest to streamline your billing address and would have had jurisdiction over the proceedings and minimize Claim, we will reimburseyou to thatextent unless the time and cost of arbitrator (or panel) determines that the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted within 120 days of the selection of the third arbitrator. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators shall be kept confidential by the Partiesfees were incurred without any substantial justification.
Appears in 1 contract
Samples: Cardholder Agreement
Arbitration Procedures. The three arbitrators shall make YOU and the Company agree that, except as provided in Section 9.4 below, all of their decisions by majority vote. The enforcement of this Agreement to arbitratedisputes, the validity, construction, controversies and interpretation of this Agreement to arbitrate, and all procedural aspects of the proceeding pursuant claims related to this Agreement (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to arbitrate, including, without limitationthe other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in this Agreement. In the event of a conflict between the terms set forth in this Section 9 and the JAMS Rules, the issues subject terms in this Section 9 will control and prevail. Except as otherwise set forth in Section 9.4, YOU may seek any remedies available to arbitrationYOU under federal, the scope of the arbitrable issues, allegations of “fraud state or local laws in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct an arbitration action. As part of the arbitration, both YOU and We will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by and construed pursuant to the Federal Arbitration ActAct and determined by a court rather than an arbitrator. In deciding the substance of the parties’ Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s law). The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, except Except as modified otherwise provided in this Agreement. It is contemplated that although , (i) YOU and the arbitration Company may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision shall be conducted final, binding on all parties and enforceable in accordance with any court that has jurisdiction, provided that any award may be challenged if the Commercial Arbitration Rules of the American Arbitration Associationarbitrator fails to follow applicable law. BY AGREEING TO THIS ARBITRATION PROVISION, the arbitration proceeding will be self-administered by the Parties; provided, if a Party believes the process will be enhanced if it is administered by the American Arbitration Association, such Party shall have the right to cause the process to become administered by the American Arbitration Association by applying to the American Arbitration Association and, thereafter, the arbitration shall be conducted pursuant to the administration of the American Arbitration Association. In determining the extent of discovery, the number and length of depositions, and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible to streamline the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted within 120 days of the selection of the third arbitrator. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators shall be kept confidential by the PartiesYOU UNDERSTAND THAT YOU AND THE COMPANY WAIVE THE RIGHT TO XXX IN COURT AND HAVE A JURY TRIAL.
Appears in 1 contract
Samples: Please Read These
Arbitration Procedures. The Whenever a party decides to institute arbitration proceedings, it shall give written notice to the other party. A single arbitrator mutually chosen by the parties shall conduct the arbitration. If the parties cannot agree upon a single arbitrator within fifteen (15) days after the institution of the arbitration proceeding, then the arbitration will be conducted by a panel of three arbitrators shall make all of their decisions by majority vote. The enforcement of this Agreement to arbitrate, the validity, construction, and interpretation of this Agreement to arbitrate, and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Act. In deciding the substance of the parties’ Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s law). The arbitration shall be conducted appointed in accordance with the Commercial Arbitration Rules of the American Arbitration Association, except as modified in this Agreement. It is contemplated that although the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be self-administered by the Partiesapplicable AAA rules; provided, if a Party believes however, that each party shall within thirty (30) days after the process will be enhanced if it is administered institution of the arbitration proceedings appoint one arbitrator, with the third arbitrator being chosen by the American Arbitration Associationother two arbitrators. If only one party appoints an arbitrator, then such Party arbitrator shall be entitled to act as the sole arbitrator to resolve the controversy. All arbitrator(s) eligible to conduct the arbitration must agree to render their opinion(s) within thirty (30) days after completion of the final arbitration hearing. The arbitrator(s) shall have the authority to grant injunctive relief and specific performance, and to allocate between the parties the costs of arbitration in an equitable manner; provided, however, that each party shall bear its own costs, attorneys fees and witness fees. Notwithstanding the terms of this Section, a party shall also have the right to cause the process to become administered by the American Arbitration Association by applying obtain, prior to the American Arbitration Association and, thereafter, arbitrator(s) rendering the arbitration decision, provisional remedies, including injunctive relief or specific performance, from a court having jurisdiction thereof. The arbitrator(s) will, upon the request of either party, issue a written opinion of the findings of fact and conclusions of law and shall deliver a copy to each of the Parties. Decisions of the arbitrator(s) shall be conducted pursuant to the administration final and binding on all of the American Arbitration Associationparties. In determining Judgment upon the extent award rendered may be entered in the highest court or forum, state or federal, having jurisdiction; provided, however, that the provisions of discovery, this Section will not apply to decisions on the number and length validity of depositions, and all other pre-hearing matters, the arbitrators shall endeavor patent claims or to the extent possible any dispute or controversy as to streamline the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted within 120 days of the selection of the third arbitrator. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators shall be kept confidential by the Partieswhich any treaty or law prohibits such arbitration.
Appears in 1 contract
Samples: Option and License Agreement (Chemokine Therapeutics Corp)
Arbitration Procedures. The three arbitrators shall make all of their decisions by majority vote. The enforcement of this Agreement This Arbitration Provision is made pursuant to arbitrate, the validity, constructiona transaction involving interstate commerce, and interpretation of this Agreement to arbitrate, and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Act. In deciding , 9 U.S.C. Sections 1-16, as it may be amended (the substance of the parties’ Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s law“FAA”). The arbitration shall be conducted in accordance governed by the applicable Code, except that (to the extent enforceable under the FAA) this arbitration Provision shall control if it is inconsistent with the Commercial Arbitration Rules applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the American Arbitration Associationbasis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgm ent upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except as modified in this Agreementfor any right of appeal provided by the FAA. It is contemplated However, any party can appeal that although the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be selfaward to a three-arbitrator panel administered by the Parties; providedsame arbitration organization, if a Party believes which shall consider anew any aspect of the process will be enhanced if initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is administered by the American Arbitration Association, such Party shall have exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to cause its Code and issue its decision within one hundred twenty (120) days of the process to become administered date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding. Location of Arbitration/Payment of Fees. Any arbitration hearing that you attend shall take place in the American Arbitration Association by applying to federal judicial district of your primary residence. At the American Arbitration Association and, thereafterconclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration shall be conducted pursuant to the administration of the American Arbitration Association(or appeal). In determining the extent of discovery, the number If and length of depositions, and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to streamline your billing address and would have had jurisdiction over the proceedings and minimize Claim, we will reimburse you to that extent unless the time and cost of arbitrator (or panel) determines that the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted within 120 days of the selection of the third arbitrator. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators shall be kept confidential by the Partiesfees were incurred without any substantial justification.
Appears in 1 contract
Samples: Cardholder Agreement
Arbitration Procedures. The three arbitrators Except as provided in this Arbitration Covenant, any arbitration shall make all of their decisions by majority vote. The enforcement of this Agreement to arbitrate, be in accordance with the validity, construction, and interpretation of this Agreement to arbitrate, and all procedural aspects then current arbitration rules of the proceeding pursuant American Arbitration Association ("AAA") before an arbitrator who is licensed to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud practice law in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Act. In deciding the substance of the parties’ Disputes, the arbitrators shall apply the substantive laws of the State of Texas Florida (excluding Texas choice-of-law principles that might call for the application of some other State’s law"Arbitrator"). The arbitration shall take place in Miami, Florida. The Arbitrator shall be conducted in accordance with selected as follows. The AAA shall give each party a list of five (5) arbitrators drawn from its panel of arbitrators. Each party may strike all names on the Commercial Arbitration list it deems unacceptable. If only one common name remains on the lists of all parties, that individual shall be designated as the Arbitrator. If more than one common name remains on the lists of all parties, the parties shall strike names alternately until only one remains. The party who did not initiate the claim shall strike first. If no common name remains on the lists of all parties, the AAA shall furnish an additional list or lists until an Arbitrator is selected. The Arbitrator shall apply the substantive law (and the law of remedies, if applicable) applicable to the claim(s) asserted. The Federal Rules of Evidence shall apply. The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the American interpretation, applicability, enforceability or formation of this Arbitration AssociationCovenant, including but not limited to any claim that all or any party of this Arbitration Covenant is void or voidable. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AAA RULES FOR THE RESOLUTION OF DISPUTES, ANY AWARD BY THE ARBITRATOR SHALL BE LIMITED TO ACTUAL DAMAGES, AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO AWARD ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PUNITIVE, ADDITIONAL OR EXEMPLARY 102 103 DAMAGES. The arbitration shall be final and binding upon the parties, except as modified provided in this AgreementArbitration Covenant. It The Arbitrator shall have jurisdiction to hear and rule on pre-hearing disputes and is contemplated that although authorized to hold pre-hearing conferences by telephone or in person as the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be self-administered by the Parties; provided, if a Party believes the process will be enhanced if it is administered by the American Arbitration Association, such Party Arbitrator deems necessary. The Arbitrator shall have the right authority to cause entertain a motion to dismiss and/or a motion for summary judgment by any party and shall apply the process standards governing such motions under the Federal Rules of Civil Procedure. Any party, at its expense, may arrange for and pay the cost of a court reporter to become administered provide a stenographic record of proceedings. Any party, upon request at the close of hearing, shall be given leave to file a post-hearing brief. The time for filing such a brief shall be set by the American Arbitrator. Any party may bring an action in any court of competent jurisdiction (as provided by Sub- Section (9) hereof) to compel arbitration under this Arbitration Association Covenant and to enforce an arbitration award. Except as otherwise provided in this Arbitration Covenant, no party(ies) shall initiate or prosecute any lawsuit or administrative action (other than an administrative charge of discrimination) in any way related to any claims covered by applying to the American this Arbitration Association and, thereafter, the arbitration shall be conducted pursuant to the administration of the American Arbitration Association. In determining the extent of discovery, the number and length of depositions, and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible to streamline the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted within 120 days of the selection of the third arbitrator. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators shall be kept confidential by the PartiesCovenant.
Appears in 1 contract
Arbitration Procedures. The three arbitrators shall make all of their decisions by majority vote. The enforcement of this Agreement to arbitrate, the validity, construction, and interpretation of this Agreement to arbitrate, and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud Afraud in the inducement” inducement@ to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Act. In deciding the substance of the parties’ ' Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s 's law). The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, except as modified in this Agreement. It is contemplated that although the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be self-administered by the Partiesparties; provided, if a Party party believes the process will be enhanced if it is administered by the American Arbitration Association, such Party party shall have the right to cause the process to become administered by the American Arbitration Association by applying to the American Arbitration Association and, thereafter, the arbitration shall be conducted pursuant to the administration of the American Arbitration Association. In determining the extent of discovery, the number and length of depositions, and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible to streamline the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted within 120 days of the selection of the third arbitrator. The final hearing shall not exceed 10 Business Days, with each Party party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators shall be kept confidential by the Partiesparties.
Appears in 1 contract
Arbitration Procedures. The three arbitrators shall make all of their decisions by majority vote. The enforcement of this Agreement This Arbitration Provision is made pursuant to arbitrate, the validity, constructiona transaction involving interstate commerce, and interpretation of this Agreement to arbitrate, and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Act. In deciding , 9 U.S.C. Sections 1-16, as it may be amended (the substance of the parties’ Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s law“FAA”). The arbitration shall be conducted in accordance governed by the applicable Code, except that (to the extent enforceable under the FAA) this arbitration Provision shall control if it is inconsistent with the Commercial Arbitration Rules applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the American Arbitration Associationbasis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/ her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except as modified in this Agreementfor any right of appeal provided by the FAA. It is contemplated However, any party can appeal that although the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be selfaward to a three-arbitrator panel administered by the Parties; providedsame arbitration organization, if a Party believes which shall consider anew any aspect of the process will be enhanced if initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of t h e written arbitration award to notify the arbitration organization that it is administered by the American Arbitration Association, such Party shall have exercising the right to cause the process to become administered by the American Arbitration Association by applying to the American Arbitration Association and, thereafter, of appeal. The appeal shall be filed with the arbitration shall be conducted organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to the administration of the American Arbitration Association. In determining the extent of discovery, the number its Code and length of depositions, and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible to streamline the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted issue its decision within 120 one hundred twenty (120) days of the selection date of the third arbitratorappellant’s written notice. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators panel shall be kept confidential by the Partiesmajority vote and shall be final and binding.
Appears in 1 contract
Samples: Cardholder Agreement
Arbitration Procedures. The three arbitrators shall make all Purchaser and Shareholders hereto agree that in the event of their decisions by majority vote. The enforcement a dispute between them relating to or arising out of this Agreement to arbitrateAgreement, the validity, construction, and interpretation of this Agreement involved parties shall submit such dispute to arbitrate, and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Actbinding arbitration as provided herein. In deciding the substance of the parties’ Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s law). The arbitration shall All arbitrations would be conducted in accordance with Denver, Colorado, or at another location mutually approved by the parties, pursuant to the Commercial Arbitration Rules of the American Arbitration Association, Association except as modified herein may be provided. If the panel used will consist of three arbitrators, such arbitrators will have experience in this Agreementthe printing industry and the decision of the arbitrators would be final and binding on all parties. It is contemplated that although the All arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be self-administered by the Parties; provided, if a Party believes the process will be enhanced if it is administered by the American Arbitration Association, such Party shall have the right to cause the process to become administered by the American Arbitration Association by applying to the American Arbitration Association and, thereafter, the arbitration shall be conducted undertaken pursuant to the administration of the American Federal Arbitration Association. In determining the extent of discoveryAct, the number and length of depositionswhere applicable, and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible to streamline the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted within 120 days of the selection of the third arbitrator. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators shall be kept confidential enforceable in any court of competent jurisdiction. All of the parties shall agree to waive their respective rights to further appeal or redress in any other court or tribunal except solely for the purpose of obtaining execution of the decision resulting from the arbitration proceeding. In any dispute where a party seeks $200,000.00 or more in damages or if the dispute involves whether the Purchaser or the Company properly determined to terminate the Agreement or refused to close the transactions contemplated by this Agreement, three arbitrators shall be employed to arbitrate the dispute. In the event that the dispute involves less than $200,000.00, there shall be one arbitrator. In the event of any arbitration or other legal proceeding brought by any party against another party with regard to any matter arising out of or related to this Agreement, each party hereby expressly agrees that the final award decision would also provide for all allocation and division between or among the parties to the arbitration, on a basis which is just and equitable under the circumstances, of all costs and expenses of the dispute, including without limitation court costs and arbitrators', reasonable attorneys', accountants' and expert witness fees, costs and expenses (including disbursements) incurred in connection with such proceedings. In resolving all disputes between the parties, the arbitrators shall apply the substantive law of the State of Delaware. The arbitrators are directed, by this Agreement, to conduct the arbitration hearing no later than three months from the service of the statement of claim and demand for arbitration unless good cause is shown establishing that the hearing cannot fairly and practically be so convened. Depositions shall be taken only as deemed appropriate by the Parties.arbitrator(s) and only where good cause is shown. Good cause is agreed to exist with respect to the depositions of officers and management personnel to the extent Knowledge, as defined in the Agreement at Section 12.1 therein, is relevant to the issue. Parties shall be entitled to conduct document discovery by requesting production of documents. Responses or objections shall be served twenty days after receipt of a request. The arbitrators shall resolve any discovery disputes of such preheating conferences as may be needed. All parties shall agree that the arbitrators and any counsel of record to the proceeding shall have the power or subpoena process as provided by law. DEFINITIONS
Appears in 1 contract
Samples: Acquisition Agreement and Plan of Merger (Mail Well Inc)
Arbitration Procedures. The three arbitrators shall make all of their decisions by majority vote. The enforcement of this Agreement This Arbitration Provision is made pursuant to arbitrate, the validity, constructiona transaction involving interstate commerce, and interpretation of this Agreement to arbitrate, and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Act. In deciding , 9 U.S.C. Sections 1-16, as it may be amended (the substance of the parties’ Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s law"FAA"). The arbitration shall be conducted in accordance governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Provision shall control if it is inconsistent with the Commercial Arbitration Rules applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the American Arbitration Associationbasis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except as modified in this Agreementfor any right of appeal provided by the FAA. It is contemplated However, any party can appeal that although the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be selfaward to a three-arbitrator panel administered by the Parties; providedsame arbitration organization, if a Party believes which shall consider anew any aspect of the process will be enhanced if initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is administered by the American Arbitration Association, such Party shall have exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to cause its Code and issue its decision within one hundred twenty (120) days of the process to become administered date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final andbinding. Location of Arbitration/Payment of Fees. Any arbitration hearing that you attend shall take place in the American Arbitration Association by applying to federal judicial district of your primary residence. At the American Arbitration Association and, thereafterconclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration shall be conducted pursuant to the administration of the American Arbitration Association(or appeal). In determining the extent of discovery, the number If and length of depositions, and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to streamline your billing address and would have had jurisdiction over the proceedings and minimize Claim, we will reimburse you to that extent unless the time and cost of arbitrator (or panel) determines that the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted within 120 days of the selection of the third arbitrator. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators shall be kept confidential by the Partiesfees were incurred without any substantial justification.
Appears in 1 contract
Samples: Cardholder Agreement
Arbitration Procedures. The three arbitrators shall make all of their decisions by majority vote. The enforcement of this Agreement to arbitrate, the validity, construction, and interpretation of this Agreement to arbitrate, and all procedural aspects of the proceeding Arbitration pursuant to this Agreement to arbitrateparagraph 10 shall take place in Dallas County, including, without limitation, Texas (or the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed county where Beneficient Counselors’ offices are located if different) before a single arbitrator pursuant to the Federal JAMS Comprehensive Arbitration Act. In deciding Rules & Procedures then in effect (except the substance of extent modified in this paragraph 10), or as otherwise agreed by the parties’ Disputes, the arbitrators . The arbitrator shall apply the substantive laws law of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other Statejurisdiction’s law) or federal law (including the Federal Arbitration Act), or both as applicable to the Dispute asserted. The arbitration All evidentiary privileges under applicable law, including attorney-client, work product and party communication privileges, shall be conducted preserved and protected. Except as required by law or as may be reasonably required in accordance connection with ancillary judicial proceedings to compel arbitration, to obtain temporary or preliminary judicial relief in aid of arbitration, or to confirm or challenge an arbitration award, the Commercial Arbitration Rules of arbitration proceedings, including any hearings, testimony, and any order, decision or award, shall be confidential, and the American Arbitration Association, except as modified in this Agreement. It is contemplated that although parties to the arbitration shall be conducted not disclose any awards, any materials in accordance with the Commercial Arbitration Rules proceedings created for the purpose of the American arbitration, or any documents produced by another party in the proceedings not otherwise in the public domain. The arbitrator may allocate or reallocate the JAMS administrative fees, arbitrator compensation, hearing room rental fees, expenses of the arbitrator (including required travel and other expenses), any JAMS expenses, and any costs relating to proof and witnesses produced at the direction of the arbitrator (collectively the “Arbitration AssociationCosts”) as permitted under the applicable rules and substantive law. The prevailing party or parties, the arbitration proceeding will be self-administered as determined by the Parties; providedarbitrator, shall be entitled if a Party believes the process will be enhanced if it is administered so awarded by the American Arbitration Associationarbitrator to recover that party’s reasonable attorney fees, such Party shall have the right to cause the process to become administered by the American Arbitration Association by applying to the American Arbitration Association andcosts, thereafter, the arbitration shall be conducted pursuant to the administration and expenses (including that party’s share of the American Arbitration Association. In determining Costs) from the extent of discoverynon-prevailing party or parties, the number and length of depositions, and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible to streamline authorized by applicable substantive law. Judgment on the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted within 120 days of the selection of the third arbitrator. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators shall be kept confidential award rendered by the Partiesarbitrator may be entered in any court of competent jurisdiction.
Appears in 1 contract
Samples: Beneficient Co Group, L.P.
Arbitration Procedures. The three arbitrators shall make all of their decisions by majority vote. The enforcement of this Agreement This Arbitration Provision is made pursuant to arbitrate, the validity, constructiona transaction involving interstate commerce, and interpretation of this Agreement to arbitrate, and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Act. In deciding , 9 U.S.C. Sections 1-16, as it may be amended (the substance of the parties’ Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s law"FAA"). The arbitration shall be conducted in accordance governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Provision shall control if it is inconsistent with the Commercial Arbitration Rules applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the American Arbitration Associationbasis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except as modified in this Agreementfor any right of appeal provided by the FAA. It is contemplated However, any party can appeal that although the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be selfaward to a three-arbitrator panel administered by the Parties; providedsame arbitration organization, if a Party believes which shall consider anew any aspect of the process will be enhanced if initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is administered by the American Arbitration Association, such Party shall have exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to cause its Code and issue its decision within one hundred twenty (120) days of the process to become administered date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding. Location of Arbitration/Payment of Fees. Any arbitration hearing that you attend shall take place in the American Arbitration Association by applying to federal judicial district of your primary residence. At the American Arbitration Association and, thereafterconclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration shall be conducted pursuant to the administration of the American Arbitration Association(or appeal). In determining the extent of discovery, the number If and length of depositions, and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to streamline your billing address and would have had jurisdiction over the proceedings and minimize Claim, we will reimburse you to that extent unless the time and cost of arbitrator (or panel) determines that the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted within 120 days of the selection of the third arbitrator. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators shall be kept confidential by the Partiesfees were incurred without any substantial justification.
Appears in 1 contract
Samples: Cardholder Agreement
Arbitration Procedures. The three arbitrators shall make YOU and Licensor agree that, except as provided in Section 10.4 below, all of their decisions by majority vote. The enforcement of this Agreement to arbitratedisputes, the validity, construction, controversies and interpretation of this Agreement to arbitrate, and all procedural aspects of the proceeding pursuant claims related to this Agreement (each a "Claim"), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to arbitrate, including, without limitationthe other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the "JAMS Rules") and under the terms set forth in this Agreement. In the event of a conflict between the terms set forth in this Section 10 and the JAMS Rules, the issues subject terms in this Section 10 will control and prevail. Except as otherwise set forth in Section 10.4, YOU may seek any remedies available to arbitrationYOU under federal, the scope of the arbitrable issues, allegations of “fraud state or local laws in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct an arbitration action. As part of the arbitration, both YOU and We will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator's decision regarding the Claim, the award given and the arbitrator's findings and conclusions on which the arbitrator's decision is based. The determination of whether a Claim is subject to arbitration shall be governed by and construed pursuant to the Federal Arbitration ActAct and determined by a court rather than an arbitrator. In deciding the substance of the parties’ Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s law). The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, except Except as modified otherwise provided in this Agreement. It is contemplated that although , (i) YOU and Licensor may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the arbitration award entered by the arbitrator; and (ii) the arbitrator's decision shall be conducted final, binding on all parties and enforceable in accordance with any court that has jurisdiction, provided that any award may be challenged if the Commercial Arbitration Rules of the American Arbitration Associationarbitrator fails to follow applicable law. BY AGREEING TO THIS ARBITRATION PROVISION, the arbitration proceeding will be self-administered by the Parties; provided, if a Party believes the process will be enhanced if it is administered by the American Arbitration Association, such Party shall have the right to cause the process to become administered by the American Arbitration Association by applying to the American Arbitration Association and, thereafter, the arbitration shall be conducted pursuant to the administration of the American Arbitration Association. In determining the extent of discovery, the number and length of depositions, and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible to streamline the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted within 120 days of the selection of the third arbitrator. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators shall be kept confidential by the PartiesYOU UNDERSTAND THAT YOU AND LICENSOR WAIVE THE RIGHT TO XXX IN COURT AND HAVE A JURY TRIAL.
Appears in 1 contract
Arbitration Procedures. The three arbitrators shall make all Purchaser and Shareholder hereto agree that in the event of their decisions by majority vote. The enforcement a dispute between them relating to or arising out of this Agreement to arbitrateAgreement, the validity, construction, and interpretation of this Agreement involved parties shall submit such dispute to arbitrate, and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Actbinding arbitration as provided herein. In deciding the substance of the parties’ Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s law). The arbitration shall All arbitrations would be conducted in accordance with Denver, Colorado, or at another location mutually approved by the parties, pursuant to the Commercial Arbitration Rules of the American Arbitration Association, Association except as modified herein may be provided. If the panel used will consist of three arbitrators, such arbitrators will have experience in this Agreementthe printing industry and the decision of the arbitrators would be final and binding on all parties. It is contemplated that although the All arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be self-administered by the Parties; provided, if a Party believes the process will be enhanced if it is administered by the American Arbitration Association, such Party shall have the right to cause the process to become administered by the American Arbitration Association by applying to the American Arbitration Association and, thereafter, the arbitration shall be conducted undertaken pursuant to the administration of the American Federal Arbitration Association. In determining the extent of discoveryAct, the number and length of depositionswhere applicable, and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible to streamline the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted within 120 days of the selection of the third arbitrator. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators shall be kept confidential enforceable in any court of competent jurisdiction. All of the parties shall agree to waive their respective rights to further appeal or redress in any other court or tribunal except solely for the purpose of obtaining execution of the decision resulting from the arbitration proceeding. In any dispute where a party seeks $200,000.00 or more in damages or if the dispute involves whether the Purchaser or the Company properly determined to terminate the Agreement or refused to close the transactions contemplated by this Agreement, three arbitrators shall be employed to arbitrate the dispute. In the event that the dispute involves less than $200,000.00, there shall be one arbitrator. In the event of any arbitration or other legal proceeding brought by any party against another party with regard to any matter arising out of or related to this Agreement, each party hereby expressly agrees that the final award decision would also provide for all allocation and division between or among the parties to the arbitration, on a basis which is just and equitable under the circumstances, of all costs and expenses of the dispute, including without limitation court costs and arbitrators', reasonable attorneys', accountants' and expert witness fees, costs and expenses (including disbursements) incurred in connection with such proceedings. In resolving all disputes between the parties, the arbitrators shall apply the substantive law of the State of Delaware. The arbitrators are directed, by this Agreement, to conduct the arbitration hearing no later than three months from the service of the statement of claim and demand for arbitration unless good cause is shown establishing that the hearing cannot fairly and practically be so convened. Depositions shall be taken only as deemed appropriate by the Partiesarbitrator(s) and only where good cause is shown. Good cause is agreed to exist with respect to the depositions of officers and management personnel to the extent Knowledge, as defined in the Agreement at Section 12.1 therein, is relevant to the issue. Parties shall be entitled to conduct document discovery by requesting production of documents. Responses or objections shall be served twenty days after receipt of a request. The arbitrators shall resolve any discovery disputes of such preheating conferences as may be needed. All parties shall agree that the arbitrators and any counsel of record to the proceeding shall have the power or subpoena process as provided by law.
Appears in 1 contract
Samples: Acquisition Agreement and Plan of Merger (Mail Well Inc)
Arbitration Procedures. The three arbitrators shall make all of their decisions by majority vote. The enforcement of this Agreement to arbitrate, the validity, construction, construction and interpretation of this Agreement to arbitrate, and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “"fraud in the inducement” " to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Act. In deciding the substance of the parties’ ' Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-choice of law principles that might call for the application of some other State’s state's law). The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, except as modified in this Agreement. It is contemplated that although the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be self-administered by the Parties; parties, provided, if a Party party believes the process will be enhanced if it is administered by the American Arbitration Association, such Party party shall have the right to cause the process to become administered by the American Arbitration Association by applying to the American Arbitration Association and, thereafter, the arbitration shall be conducted pursuant to the administration of the American Arbitration Association. In determining the extent of discovery, the number and length of depositions, and all other pre-hearing mattersmatter, the arbitrators shall endeavor to the extent possible to streamline the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted within with 120 days of the selection of the third arbitrator. The final hearing shall not exceed 10 ten (10) Business Days, with each Party party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators shall be kept confidential by the Partiesparties.
Appears in 1 contract
Samples: Forward Sale Contract (Eex Corp)
Arbitration Procedures. The three arbitrators shall make all of their decisions by majority vote. The enforcement of this Agreement to arbitrate, the validity, construction, and interpretation of this Agreement to arbitrate, and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Act. In deciding the substance of the parties’ Disputes, the arbitrators shall apply the substantive laws of the State of Texas New YorkTexas (excluding Texas New YorkTexas choice-of-law principles that might call for the application of some other State’s law). The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, except as modified in this Agreement. It is contemplated that although the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be self-administered by the Parties; provided, if a Party believes the process will be enhanced if it is administered by the American Arbitration Association, such Party shall have the right to cause the process to become administered by the American Arbitration Association by applying to the American Arbitration Association and, thereafter, the arbitration shall be conducted pursuant to the administration of the American Arbitration Association. In determining the extent of discovery, the number and length of depositions, and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible to streamline the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted within 120 days of the selection of the third arbitrator. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators shall be kept confidential by the Parties.
Appears in 1 contract
Samples: Sale Agreement
Arbitration Procedures. The three arbitrators shall make all Purchaser and Shareholders hereto agree that in the event of their decisions by majority vote. The enforcement a dispute between them relating to or arising out of this Agreement to arbitrateAgreement, the validity, construction, and interpretation of this Agreement involved parties shall submit such dispute to arbitrate, and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Actbinding arbitration as provided herein. In deciding the substance of the parties’ Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s law). The arbitration shall All arbitrations would be conducted in accordance with Denver, Colorado, or at another location mutually approved by the parties, pursuant to the Commercial Arbitration Rules of the American Arbitration Association, Association except as modified herein may be provided. If the panel used will consist of three arbitrators, such arbitrators will have experience in this Agreementthe printing industry and the decision of the arbitrators would be final and binding on all parties. It is contemplated that although the All arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be self-administered by the Parties; provided, if a Party believes the process will be enhanced if it is administered by the American Arbitration Association, such Party shall have the right to cause the process to become administered by the American Arbitration Association by applying to the American Arbitration Association and, thereafter, the arbitration shall be conducted undertaken pursuant to the administration of the American Federal Arbitration Association. In determining the extent of discoveryAct, the number and length of depositionswhere applicable, and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible to streamline the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted within 120 days of the selection of the third arbitrator. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators shall be kept confidential enforceable in any court of competent jurisdiction. All of the parties shall agree to waive their respective rights to further appeal or redress in any other court or tribunal except solely for the purpose of obtaining execution of the decision resulting from the arbitration proceeding. In any dispute where a party seeks $200,000.00 or more in damages or if the dispute involves whether the Purchaser or the Company properly determined to terminate the Agreement or refused to close the transactions contemplated by this Agreement, three arbitrators shall be employed to arbitrate the dispute. In the event that the dispute involves less than $200,000.00, there shall be one arbitrator. In the event of any arbitration or other legal proceeding brought by any party against another party with regard to any matter arising out of or related to this Agreement, each party hereby expressly agrees that the final award decision would also provide for all allocation and division between or among the parties to the arbitration, on a basis which is just and equitable under the circumstances, of all costs and expenses of the dispute, including without limitation court costs and arbitrators', reasonable attorneys', accountants' and expert witness fees, costs and expenses (including disbursements) incurred in connection with such proceedings. In resolving all disputes between the parties, the arbitrators shall apply the substantive law of the State of Delaware. The arbitrators are directed, by this Agreement, to conduct the arbitration hearing no later than three months from the service of the statement of claim and demand for arbitration unless good cause is shown establishing that the hearing cannot fairly and practically be so convened. Depositions shall be taken only as deemed appropriate by the Parties.arbitrator(s) and only where good cause is shown. Good cause is agreed to exist with respect to the depositions of officers and management personnel to the extent Knowledge, as defined in the Agreement at Section 12.1 therein, is relevant to the issue. Parties shall be entitled to conduct document discovery by requesting production of documents. Responses or objections shall be served twenty days after receipt of a request. The arbitrators shall resolve any discovery disputes of such preheating conferences as may be needed. All parties shall agree that the arbitrators and any counsel of record to the proceeding shall have the power or subpoena process as provided by law. 55 DEFINITIONS
Appears in 1 contract
Samples: Acquisition Agreement and Plan of Merger (Mail Well Inc)
Arbitration Procedures. The three arbitrators shall make all of their decisions by majority vote. The enforcement of this Agreement This Arbitration Provision is made pursuant to arbitrate, the validity, constructiona transaction involving interstate commerce, and interpretation of this Agreement to arbitrate, and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Act. In deciding , 9 U.S.C. Sections 1-16, as it may be amended (the substance of the parties’ Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s law“FAA”). The arbitration shall be conducted in accordance governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Provision shall control if it is inconsistent with the Commercial Arbitration Rules applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the American Arbitration Associationbasis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except as modified in this Agreementfor any right of appeal provided by the FAA. It is contemplated However, any party can appeal that although the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be self-award to a three- arbitrator panel administered by the Parties; providedsame arbitration organization, if a Party believes which shall consider anew any aspect of the process will be enhanced if initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is administered by the American Arbitration Association, such Party shall have exercising the right to cause the process to become administered by the American Arbitration Association by applying to the American Arbitration Association and, thereafter, of appeal. The appeal shall be filed with the arbitration shall be conducted organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to the administration of the American Arbitration Association. In determining the extent of discovery, the number its Code and length of depositions, issue its decision within one hundred and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible to streamline the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted within 120 twenty (120) days of the selection date of the third arbitratorappellant’s written notice. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators panel shall be kept confidential by the Partiesmajority vote and shall be final and binding.
Appears in 1 contract
Samples: Deposit Account Agreement
Arbitration Procedures. The three arbitrators shall make all of their decisions by majority vote. The enforcement of this Agreement This Arbitration Provision is made pursuant to arbitrate, the validity, constructiona transaction involving interstate commerce, and interpretation of this Agreement to arbitrate, and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Act. In deciding , 9 U.S.C. Sections 1-16, as it may be amended (the substance of the parties’ Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s law“FAA”). The arbitration shall be conducted in accordance governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Provision shall control if it is inconsistent with the Commercial Arbitration Rules applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the American Arbitration Associationbasis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except as modified in this Agreementfor any right of appeal provided by the FAA. It is contemplated However, any party can appeal that although the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be selfaward to a three-arbitrator panel administered by the Parties; providedsame arbitration organization, if a Party believes which shall consider anew any aspect of the process will be enhanced if initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is administered by the American Arbitration Association, such Party shall have exercising the right to cause the process to become administered by the American Arbitration Association by applying to the American Arbitration Association and, thereafter, of appeal. The appeal shall be filed with the arbitration shall be conducted organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to the administration of the American Arbitration Association. In determining the extent of discovery, the number its Code and length of depositions, and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible to streamline the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted issue its decision within 120 one hundred twenty (120) days of the selection date of the third arbitratorappellant’s written notice. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators panel shall be kept confidential by majority vote and shall be final and binding. Continuation: This Arbitration Provision shall survive termination of your Card as well as voluntary payment of any debt in full by you, and any legal proceeding by us to collect a debt owed by you. If any portion of this Arbitration Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the Parties.FAA, it shall not invalidate the remaining portions of this Arbitration Provision, the Agreement or any prior agreements you may have had with us, each of which shall be enforceable regardless of such invalidity. This Cardholder Agreement is effective 07/2012
Appears in 1 contract
Samples: Cardholder Agreement
Arbitration Procedures. The three arbitrators arbitrator conducting any arbitration shall make all of their decisions be bound by majority vote. The enforcement the provisions of this Agreement Lease and shall not have the power to arbitrateadd to, subtract from, or otherwise modify such provisions. Landlord and Tenant agree to sign all documents and to do all other things necessary to submit any such matter to arbitration and further agree to, and hereby do, waive any and all rights they or either of them may at any time have to revoke their agreement hereunder to submit to arbitration and to abide by the decision rendered thereunder which shall be binding and conclusive on the parties and shall constitute an “award” by the arbitrator within the meaning of applicable Legal Requirements. Discovery shall be permitted in connection with the arbitration only to the extent, if any, expressly authorized by the arbitration panel upon a showing of substantial need by the party seeking discovery. Unless the parties agree otherwise in writing, and consistent with the FOI Policy, the validity, construction, and interpretation of this Agreement to arbitrate, and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Act. In deciding the substance of the parties’ Disputes, the arbitrators and JAMS shall apply treat the substantive laws proceedings, any related discovery and the decisions of the State arbitrators as confidential. Subject to the terms of Texas (excluding Texas choice-of-law principles that might call for the application immediately preceding sentence, the parties may disclose the existence, content, or results of some other State’s law). The the arbitration shall be conducted in accordance with the Commercial Arbitration Rules JAMS Rules, applicable professional standards and Legal Requirements. Judgment may be had on the decision and award of the American Arbitration Association, except as modified arbitrator so rendered in this Agreementany court of competent jurisdiction. It is contemplated that although the arbitration Each arbitrator shall be conducted a qualified, disinterested and impartial person who shall have had at least ten (10) years’ experience in accordance New York City in a calling connected with the Commercial Arbitration Rules matter of the American Arbitration Association, the arbitration proceeding will be self-administered by the Parties; provided, if a Party believes the process will be enhanced if it is administered by the American Arbitration Association, such Party dispute. Landlord and Tenant shall each have the right to cause appear and be represented by counsel before said arbitrator and to submit such data and memoranda in support of their respective positions in the process to become administered by matter in dispute as may be reasonably necessary or appropriate in the American Arbitration Association by applying circumstances. Notwithstanding anything herein to the American Arbitration Association andcontrary, thereafter, (x) the arbitrator conducting any arbitration shall be conducted pursuant to the administration terms of this Article 35 shall be required to determine the successful party in any such arbitration and to select either the amount or item (as the case may be) proposed by Landlord or the amount or item (as the case may be) proposed by Tenant with respect to each amount or item (as the case may be) that shall be in dispute, based on which amount or item (as the case may be) he (or they, as the case may be) determines is closer to the correct determination thereof (i.e., if there are three (3) disputed items, the arbitrator shall select either the disputed item proposed by Landlord or the disputed item proposed by Tenant with respect to each of such three (3) disputed items, but the arbitrator shall not be obligated to select either all three (3) disputed items proposed by Landlord or all three (3) disputed items proposed by Tenant), (y) in connection with any arbitration proceeding pursuant to the terms of this Article 35, the unsuccessful party in such proceeding shall pay (1) to the successful party all out-of-pocket fees and expenses, including reasonable attorneys’ fees, incurred by the successful party in connection with such proceeding and (2) the fees and expenses of the American Arbitration Associationarbitrator conducting any arbitration (it being agreed that if there are multiple disputed items and the arbitrator shall select disputed items proposed by both Landlord and Tenant, the arbitrator may determine the percentage of the fees and expenses of the successful party and the arbitrator to be paid by the unsuccessful party) and (z) Landlord and Tenant agree that (i) the arbitrators may not award or recommend any damages to be paid by either party and (ii) in no event shall either party be liable for, nor be entitled to recover, any damages. Pending a final determination pursuant to such arbitration, Tenant shall pay to Landlord any sum due hereunder in accordance with Landlord’s position. In determining the extent event it is determined in connection with the resolution of discoverysuch dispute that Tenant has overpaid any sum, Landlord shall promptly, at Landlord’s election, either refund or credit such overpaid amount to Tenant without interest, or, if no further Rent is payable under this Lease, Landlord shall promptly refund such overpaid amount without interest to Tenant. In no event whatsoever shall any determination of invalidity or unenforceability of any term be construed as precluding either party from seeking enforcement of, or appropriate remedies with respect to, the number and length other terms, conditions or provisions of depositions, and all other pre-hearing matters, the arbitrators this Lease. Any arbitration proceeding hereunder shall endeavor be subject to the extent possible to streamline the proceedings and minimize the time and cost terms of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted within 120 days of the selection of the third arbitrator. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators shall be kept confidential by the PartiesArticle 35 hereof.
Appears in 1 contract
Samples: Lease (Olo Inc.)
Arbitration Procedures. The three arbitrators shall make all of their decisions by majority vote. The enforcement of this Agreement to arbitrate, the validity, construction, and interpretation of this Agreement to arbitrate, arbitrate and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “"fraud in the inducement” " to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Act. In deciding the substance of the parties’ ' Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s 's law). The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, except as modified in this Agreement. It is contemplated that although the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be self-administered by the Parties; provided, if a Party believes the process will be enhanced if it is administered by the American Arbitration Association, such Party shall have the right to cause the process to become administered by the American Arbitration Association by applying to the American Arbitration Association and, thereafter, the arbitration shall be conducted pursuant to the administration of the American Arbitration Association. In determining the extent of discovery, the number and length of depositions, and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible to streamline the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted within 120 days of the selection of the third arbitrator. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators shall be kept confidential by the Parties.Parties "1"-3
Appears in 1 contract
Arbitration Procedures. The three arbitrators shall make all of their decisions by majority vote. The enforcement of this Agreement Contract to arbitrate, the validity, construction, and interpretation of this Agreement Contract to arbitrate, and all procedural aspects of the proceeding pursuant to this Agreement Contract to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud in the inducement” to enter into this entire Agreement Contract or to enter into this Agreement Contract to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Act. In deciding the substance of the partiesparties’Parties’ Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s law). The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, except as modified in this AgreementContract. It is contemplated that although the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be self-administered by the Parties; provided, if a Party believes the process will be enhanced if it is administered by the American Arbitration Association, such Party shall have the right to cause the process to become administered by the American Arbitration Association by applying to the American Arbitration Association and, thereafter, the arbitration shall be conducted pursuant to the administration of the American Arbitration Association. In determining the extent of discovery, the number and length of depositions, and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible to streamline the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted within 120 120one hundred twenty (120) days of the selection of the third arbitrator. The final hearing shall not exceed 10 10ten (10) Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators shall be kept confidential by the Parties.
Appears in 1 contract
Samples: Gas Purchase Contract
Arbitration Procedures. The three arbitrators shall make all of their decisions by majority vote. The enforcement of this Agreement to arbitrate, the validity, construction, and interpretation of this Agreement to arbitrate, and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Act. In deciding the substance of the parties’ Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s law). The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, except as modified in this Agreement. It is contemplated that although the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be self-administered by the Partiesparties; provided, if a Party party believes the process will be enhanced if it is administered by the American Arbitration Association, such Party party shall have the right to cause the process to become administered by the American Arbitration Association by applying to the American Arbitration Association and, thereafter, the arbitration shall be conducted pursuant to the administration of the American Arbitration Association. In determining the extent of discovery, the number and length of depositions, and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible to streamline the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted within one hundred 120 days of the selection of the third arbitrator. The final hearing shall not exceed 10 Business Days, with each Party party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators shall be kept confidential by the Partiesparties.
Appears in 1 contract
Samples: Operation and Maintenance Agreement
Arbitration Procedures. The three arbitrators shall make all Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of their decisions by majority votea judge or jury, and court review of an arbitration award is very limited. The enforcement However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the XXXX as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to arbitrateArbitrate, or the validity, construction, and interpretation of Section 1 of this Agreement to arbitrate, Arbitrate ("Prohibition of Class and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, Representative Actions and the rules governing the conduct of the arbitrationNon-Individualized Relief"), shall be governed by and construed pursuant for a court of competent jurisdiction to the Federal Arbitration Act. In deciding the substance of the parties’ Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s law)decide. The arbitration shall will be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, except as modified in this Agreement. It is contemplated that although the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be self-administered by the Parties; provided, if a Party believes the process will be enhanced if it is administered by the American Arbitration Association, such Party shall have the right to cause the process to become administered by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by applying this Agreement to Arbitrate. The AAA's rules are available at xxx.xxx.xxx or by calling the AAA at 0-000-000-0000. The use of the word "arbitrator" in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration: rather, the AAA's rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate. A party who intends to seek arbitration must first send to the American Arbitration Association andother, thereafterby certified mail, a completed form Notice of Dispute ("Notice"). You may download a form Notice at xxxx://xxxxxx.xxxxxxx.xxx/files/Klipsch-Notice-of- Dispute.pdf. The Notice to Klipsch should be sent to Klipsch Inc., Attn: Legal Department, Re: Notice of Dispute, 0000 Xxxxxxxx Xxxxx, Xxxxx 000, Xxxxxxxxxxxx, XX 00000. Klipsch will send any Notice to you to the physical address we have on file associated with your Klipsch account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought. If you and Klipsch are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Klipsch may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's site at xxx.xxx.xxx. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to Klipsch at the following address: Klipsch Inc., Attn: Legal Department, Re: Notice of Dispute, 0000 Xxxxxxxx Xxxxx, Xxxxx 000, Xxxxxxxxxxxx, XX 00000. In the event Klipsch initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your Klipsch account. Any settlement offer made by you or Klipsch shall not be disclosed to the arbitrator. The arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Klipsch may elect to have the arbitration conducted pursuant by telephone or based solely on written submissions, which election shall be binding on you and Klipsch subject to the administration of arbitrator's discretion to require an in-person hearing, if the American Arbitration Associationcircumstances warrant. In determining cases where an in-person hearing is held, you and/or Klipsch may attend by telephone, unless the extent arbitrator requires otherwise. The arbitrator will decide the substance of discoveryall claims in accordance with applicable law, the number and length including recognized principles of depositionsequity, and will honor all other pre-hearing mattersclaims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the arbitrators shall endeavor same Klipsch user to the extent possible to streamline the proceedings and minimize the time and cost of the proceedingsrequired by applicable law. There The arbitrator's award shall be no transcript of final and binding and judgment on the hearing. The final hearing shall be conducted within 120 days of the selection of the third arbitrator. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators shall be kept confidential award rendered by the Partiesarbitrator may be entered in any court having jurisdiction thereof.
Appears in 1 contract
Samples: License Agreement
Arbitration Procedures. The three arbitrators shall make all of their ---------------------- decisions by majority vote. The enforcement of this Agreement to arbitrate, arbitrate the validity, validity construction, and interpretation of this Agreement to arbitrate, and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable arbitrate issues, allegations of “"fraud in the inducement” " to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Act. In deciding the substance of the parties’ ' Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s 's law). The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, except as modified in this Agreement. It is contemplated that although the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be self-administered by the Parties; provided, if a Party believes the process will be enhanced if it is administered by the American Arbitration Association, such Party shall have the right to cause the process to become administered by the American Arbitration Association by applying to the American Arbitration Association and, thereafter, the arbitration shall be conducted pursuant to the administration of the American Arbitration Association. In determining the extent of discovery, the number and length of depositions, and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible to streamline the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted within 120 days of the selection of the third arbitrator. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators shall be kept confidential by the Parties.
Appears in 1 contract
Samples: Agreement (Boston Gas Co)
Arbitration Procedures. The three arbitrators Company and I agree that, except as provided in the Arbitration Agreement, any arbitration shall make all be in accordance with and under the auspices and rules of their decisions by majority voteJAMS, Inc. (“JAMS”) for the resolution of employment disputes, pursuant to its then-current Employment Arbitration Rules & Procedures (the “JAMS Rules”). The enforcement of this Agreement to arbitrateJAMS Rules are available at xxxxx://xxx.xxxxxxx.xxx/rules-employment-arbitration/. Notwithstanding anything in the JAMS Rules, the validityarbitrator will not have the authority to determine whether this arbitration provision or any portion of it is enforceable, construction, and interpretation of this Agreement to arbitrate, and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitationrevocable or valid, the issues subject to arbitrationarbitrability of disputes, the scope of the arbitrable issuesor whether claims may be arbitrated on a class, allegations of “fraud in the inducement” to enter into this entire Agreement collective, or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, representative basis. Any arbitration shall be governed resolved by and construed pursuant to the Federal Arbitration Acta neutral arbitrator. In deciding the substance of the parties’ Disputes, the arbitrators The arbitrator shall apply the substantive laws state or federal law (and the law of remedies, if applicable) as applicable to the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s law)claim(s) asserted. The arbitrator shall provide the parties with a written decision explaining his or her findings and conclusions. The arbitrator’s decision shall be final and binding upon the parties. The parties shall be entitled to conduct discovery to the full extent authorized by governing law. The parties agree that the arbitrator shall have the power to decide any motions brought by any party to the arbitration, including motions for summary judgment and/or adjudication, discovery motions, motions to dismiss, and demurrers prior to any arbitration hearing. The Company and I agree that any arbitration under this Arbitration Agreement shall be conducted in accordance with Santa Xxxxx County or the Commercial Arbitration Rules site of the American Arbitration Association, except as modified in this Agreementclosest JAMS office to my place of employment. It is contemplated that although The arbitrator’s decision regarding the arbitration claims shall be conducted enforceable in accordance with any court having jurisdiction thereof. I agree that the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be self-administered by the Parties; provided, if a Party believes the process will be enhanced if it is administered by the American Arbitration Association, such Party arbitrator shall have the right power to cause award any remedies available under applicable law. I agree that each party shall be responsible for paying such party’s own attorneys’ fees and costs, except that the process to become administered by the American Arbitration Association by applying arbitrator shall award attorneys’ fees and costs to the American Arbitration Association and, thereafter, prevailing party if the arbitration shall be conducted pursuant law applicable to the administration of claim(s) being arbitrated permits such an award. Except as expressly excluded in Section 2 above, I agree that the American Arbitration Association. In determining arbitrator shall have the extent of discovery, the number and length of depositions, and all other pre-hearing matters, the arbitrators shall endeavor power to the extent possible to streamline the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted within 120 days of the selection of the third arbitrator. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators shall be kept confidential by the Partiesaward any remedies under applicable law.
Appears in 1 contract
Samples: Letter Agreement (Applovin Corp)
Arbitration Procedures. The three arbitrators shall make all of their decisions by majority vote. The enforcement of this Agreement This Arbitration Provision is made pursuant to arbitrate, the validity, constructiona transaction involving interstate commerce, and interpretation of this Agreement to arbitrate, and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Act. In deciding , 9 U. S. C. Sections 1-16, as it may be amended (the substance of the parties’ Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s law“FAA”). The arbitration shall be conducted in accordance governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Provision shall control if it is inconsistent with the Commercial Arbitration Rules applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the American Arbitration Associationbasis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except as modified in this Agreementfor any right of appeal provided by the FAA. It is contemplated However, any party can appeal that although the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be selfaward to a three-arbitrator panel administered by the Parties; provided, if a Party believes same arbitration organization which shall consider anew any aspect of the process will be enhanced if initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is administered by the American Arbitration Association, such Party shall have exercising the right to cause the process to become administered by the American Arbitration Association by applying to the American Arbitration Association and, thereafter, of appeal. The appeal shall be filed with the arbitration shall be conducted organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to the administration of the American Arbitration Association. In determining the extent of discovery, the number its Code and length of depositions, and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible to streamline the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted issue its decision within 120 one hundred twenty (120) days of the selection date of the third arbitratorappellant’s written notice. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators panel shall be kept confidential by the Partiesmajority vote and shall be final and binding.
Appears in 1 contract
Samples: Cardholder Agreement
Arbitration Procedures. The three arbitrators If a Dispute has not been resolved within 90 days after the effective date of the written notice beginning the mediation process (or such longer period, if the parties so agree in writing), the mediation shall make all of their decisions terminate and the Dispute shall be settled by majority votebinding arbitration to be held in New York, New York. The enforcement of this Agreement to arbitrate, arbitration shall be solely between the validity, construction, parties and interpretation of this Agreement to arbitrate, and all procedural aspects shall be conducted in accordance with the CPR Rules for Non-Administered Arbitration that are in effect at the time of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct commencement of the arbitration, shall be governed by and construed pursuant except to the Federal Arbitration Act. In deciding extent modified by this Dispute Resolution Provision (the substance of the parties’ Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s law“Rules”). The arbitration shall be conducted before a panel of three arbitrators. Each of the Company and Deloitte & Touche LLP shall designate one arbitrator in accordance with the Commercial Arbitration “screened” appointment procedure provided in the Rules and the two party-designated arbitrators shall jointly select the third in accordance with the Rules. No arbitrator may serve on the panel unless he or she has agreed in writing to enforce the terms of the American engagement letter (including its appendices) to which this Dispute Resolution Provision is attached and to abide by the terms of this Dispute Resolution Provision. Except with respect to the interpretation and enforcement of these arbitration procedures (which shall be governed by the Federal Arbitration AssociationAct), except as modified the arbitrators shall apply the laws of the State of New York (without giving effect to its choice of law principles) in this Agreementconnection with the Dispute. It is contemplated The arbitrators shall have no power to award punitive, exemplary or other damages not based on a party’s actual damages (and the parties expressly waive their right to receive such damages). The arbitrators may render a summary disposition relative to all or some of the issues, provided that although the arbitration responding party has had an adequate opportunity to respond to any such application for such disposition. Discovery shall be conducted in accordance with the Commercial Arbitration Rules Rules. All aspects of the American Arbitration Association, the arbitration proceeding will be self-administered by the Parties; provided, if a Party believes the process will be enhanced if it is administered by the American Arbitration Association, such Party shall have the right to cause the process to become administered by the American Arbitration Association by applying to the American Arbitration Association and, thereafter, the arbitration shall be conducted pursuant treated as confidential, as provided in the Rules. Before making any disclosure permitted by the Rules, a party shall give written notice to the administration of the American Arbitration Association. In determining the extent of discovery, the number and length of depositions, and all other pre-hearing mattersparties and afford such parties a reasonable opportunity to protect their interests. Further, the arbitrators shall endeavor to the extent possible to streamline the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted within 120 days of the selection of the third arbitrator. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to judgment on the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators shall ’ award may be kept confidential by the Partiesentered in any court having jurisdiction.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Gordmans Stores, Inc.)
Arbitration Procedures. The three arbitrators shall make all of their decisions by majority vote. The enforcement of this Agreement This Arbitration Provision is made pursuant to arbitrate, the validity, constructiona transaction involving interstate commerce, and interpretation of this Agreement to arbitrate, and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Act. In deciding , 9 U.S.C. Sections 1-16, as it may be amended (the substance of the parties’ Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s law“FAA”). The arbitration shall be conducted in accordance governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Provision shall control if it is inconsistent with the Commercial Arbitration Rules applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized as law and, at the timely request of either party, shall provide a brief written explanation of the American Arbitration Associationbasis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except as modified in this Agreementfor any right of appeal provided by the FAA. It is contemplated However, any party can appeal that although the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be selfaward to a three-arbitrator panel administered by the Parties; providedsame arbitration organization, if a Party believes which shall consider anew any aspect of the process will be enhanced if initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is administered by the American Arbitration Association, such Party shall have exercising the right to cause the process to become administered by the American Arbitration Association by applying to the American Arbitration Association and, thereafter, of appeal. The appeal shall be filed with the arbitration shall be conducted organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to the administration of the American Arbitration Association. In determining the extent of discovery, the number its Code and length of depositions, and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible to streamline the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted issue its decision within 120 one hundred twenty (120) days of the selection date of the third arbitratorappellant’s written notice. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators panel shall be kept confidential by the Partiesmajority vote and shall be final and binding.
Appears in 1 contract
Samples: www.safecu.org
Arbitration Procedures. The three arbitrators shall make all of their decisions by majority vote. The enforcement of this Agreement This Arbitration Disclosure is made pursuant to arbitrate, the validity, constructiona transaction involving interstate commerce, and interpretation of this Agreement to arbitrate, and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Act. In deciding , 9 U. S. C. Sections 1-16, as it may be amended (the substance of the parties’ Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s law“FAA”). The arbitration shall be conducted in accordance governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Disclosure shall control if it is inconsistent with the Commercial Arbitration Rules applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the American Arbitration Associationbasis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except as modified in this Agreementfor any right of appeal provided by the FAA. It is contemplated However, any party can appeal that although the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be selfaward to a three-arbitrator panel administered by the Parties; providedsame arbitration organization, if a Party believes which shall consider anew any aspect of the process will be enhanced if initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is administered by the American Arbitration Association, such Party shall have exercising the right to cause the process to become administered by the American Arbitration Association by applying to the American Arbitration Association and, thereafter, of appeal. The appeal shall be filed with the arbitration shall be conducted organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three- arbitrator panel which will conduct arbitration pursuant to the administration of the American Arbitration Association. In determining the extent of discovery, the number its Code and length of depositions, and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible to streamline the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted issue its decision within 120 one hundred twenty (120) days of the selection date of the third arbitratorappellant’s written notice. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators panel shall be kept confidential by the Partiesmajority vote and shall be final and binding.
Appears in 1 contract
Samples: Cardholder Agreement
Arbitration Procedures. The three arbitrators shall make all of their decisions by majority vote. The enforcement of this Agreement to arbitrate, the validity, construction, construction and interpretation of this Agreement to arbitrate, and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, including the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal federal Arbitration Act. In deciding the substance of the parties’ Disputes, the arbitrators shall apply the substantive laws Law of the State of Texas (Texas, excluding Texas choice-of-law principles that might call for the application of some other Stateanother state’s law)Law. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, except as modified in this Agreement. It is contemplated that although the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be self-administered by the Partiesadministered; provided, if a Party party to the arbitration believes the process will be enhanced if it is administered by the American Arbitration Association, such Party Person shall have the right to cause the process to become administered by the American Arbitration Association by applying to the American Arbitration Association and, thereafter, the arbitration shall be conducted pursuant to the administration of the American Arbitration Association. In determining the extent of discovery, the number and length of depositions, and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible to streamline the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted within 120 days Days of the selection of the third final arbitrator. The final hearing shall not exceed 10 ten Business Days, with each Party party thereto to be granted one-half an equal share of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators shall be kept confidential by pursuant to the Partiesterms of this Agreement.
Appears in 1 contract
Samples: Services Master Agreement
Arbitration Procedures. The three arbitrators shall make all of their decisions by majority vote. The enforcement of this Agreement This Arbitration Provision is made pursuant to arbitrate, the validity, constructiona transaction involving interstate commerce, and interpretation of this Agreement to arbitrate, and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Act. In deciding , 9 U.S.C. Sections 1-16, as it may be amended (the substance of the parties’ Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s law“FAA”). The arbitration shall be conducted in accordance governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Provision shall control if it is inconsistent with the Commercial Arbitration Rules applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the American Arbitration Associationbasis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except as modified in this Agreementfor any right of appeal provided by the FAA. It is contemplated However, any party can appeal that although the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be selfaward to a three-arbitrator panel administered by the Parties; providedsame arbitration organization, if a Party believes which shall consider anew any aspect of the process will be enhanced if initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is administered by the American Arbitration Association, such Party shall have exercising the right to cause the process to become administered by the American Arbitration Association by applying to the American Arbitration Association and, thereafter, of appeal. The appeal shall be filed with the arbitration shall be conducted organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to the administration of the American Arbitration Association. In determining the extent of discovery, the number its Code and length of depositions, and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible to streamline the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted issue its decision within 120 one hundred twenty (120) days of the selection date of the third arbitratorappellant’s written notice. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators panel shall be kept confidential by majority vote and shall be final and binding. Continuation: This Arbitration Provision shall survive termination of your Card Account as well as voluntary payment of any debt in full by you, any legal proceeding by us to collect a debt owed by you, and any bankruptcy by you or us. If any portion of this Arbitration Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Provision, the Agreement or any prior agreements you may have had with us, each of which shall be enforceable regardless of such invalidity. FEE SCHEDULE All fees will be withdrawn from your Card Account and will be assessed as long as there is a remaining balance on your Card Account, except where prohibited by law. Any time your remaining Card Account balance is less than the fee amount being assessed, the balance of your Card Account will be applied to the fee amount. Cost to Open Partner Employee Account/Card Purchase Fee: None Fee Plan for Purchases FeeAdvantage Plan Plan Fee None Signature Purchase Transaction Fee Included In Plan Fee PIN Purchase Transaction Fee Included In Plan Fee Foreign Transaction Fee 3.5% of the U.S. Dollar amount of the purchase transaction Withdraw Cash (See our tip on how to avoid ATM fees below) Over the Counter Cash Withdrawal Fee at a financial institution (also referred to as the “OTC Fee”) $2.50 per withdrawal. A Foreign Transaction Fee may also apply, if applicable. A fee may also be assessed by the Partiesfinancial institution and may vary from location to location. Over the Counter Cash Withdrawal Fee at a NetSpend Reload Network location (also referred to as the “OTC Fee”) Fee may be assessed by reload location and may vary from location to location. Service not available in all reload locations. Domestic ATM Cash Withdrawal Fee $2.50 per withdrawal, plus ATM owner fees, if any. International ATM Cash Withdrawal Fee $4.95 per withdrawal, plus the Foreign Transaction Fee, and ATM owner fees, if any. Foreign Transaction Fee 3.5% of the U.S. Dollar amount of the cash withdrawal. ATM Transaction Decline Fee $1.00 each. Tip to avoid ATM fees: Select “DEBIT” and enter your PIN to get cash back when making purchases at many retailers, such as grocery stores. Add Money to Your Account: Direct Deposit Fee None. Fee to add cash or check proceeds at a NetSpend Reload Network location Fee may be assessed by reload location and may vary from location to location. Bank Transfer Fee Visit your online Account Center to learn how to transfer funds to your Card from another bank account using a bank debit card or account number. Fees are determined and may be charged to the transferor’s bank account by the service provider or origination bank. Account-to-Account Transfer Fee via website or text message None; standard text message rates may apply. Account-to-Account Transfer Fee via Customer Service Agent $4.95 each.
Appears in 1 contract
Samples: Cardholder Agreement
Arbitration Procedures. The three arbitrators shall make all of their decisions by majority vote. The enforcement of this Agreement to arbitrate, the validity, construction, and interpretation of this Agreement to arbitrate, and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud Afraud in the inducement” inducement@ to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Act. In deciding the substance of the parties’ parties= Disputes, the arbitrators shall apply the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s =s law). The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, except as modified in this Agreement. It is contemplated that although the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be self-administered by the Partiesparties; provided, if a Party party believes the process will be enhanced if it is administered by the American Arbitration Association, such Party party shall have the right to cause the process to become administered by the American Arbitration Association by applying to the American Arbitration Association and, thereafter, the arbitration shall be conducted pursuant to the administration of the American Arbitration Association. In determining the extent of discovery, the number and length of depositions, and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible to streamline the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted within 120 days of the selection of the third arbitrator. The final hearing shall not exceed 10 Business Days, with each Party party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators shall be kept confidential by the Partiesparties.
Appears in 1 contract
Arbitration Procedures. The three arbitrators shall make all of their decisions by majority vote. The enforcement of this Agreement to arbitrate, the validity, construction, and interpretation of this Agreement to arbitrate, and all procedural aspects of the proceeding pursuant to this Agreement to arbitrate, including, without limitation, the issues subject to arbitration, the scope of the arbitrable issues, allegations of “fraud in the inducement” to enter into this entire Agreement or to enter into this Agreement to arbitrate, allegations of waiver, delay or defenses to arbitrability, and the rules governing the conduct of the arbitration, shall be governed by and construed pursuant to the Federal Arbitration Act. In deciding the substance of the parties’ Disputes, the arbitrators shall apply the substantive laws of the State of Texas New York (excluding Texas New York choice-of-law principles that might call for the application of some other State’s law). The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, except as modified in this Agreement. It is contemplated that although the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the arbitration proceeding will be self-administered by the Parties; provided, if a Party believes the process will be enhanced if it is administered by the American Arbitration Association, such Party shall have the right to cause the process to become administered by the American Arbitration Association by applying to the American Arbitration Association and, thereafter, the arbitration shall be conducted pursuant to the administration of the American Arbitration Association. In determining the extent of discovery, the number and length of depositions, and all other pre-hearing matters, the arbitrators shall endeavor to the extent possible to streamline the proceedings and minimize the time and cost of the proceedings. There shall be no transcript of the hearing. The final hearing shall be conducted within 120 days of the selection of the third arbitrator. The final hearing shall not exceed 10 Business Days, with each Party to be granted one-half of the allocated time to present its case to the arbitrators. All proceedings conducted hereunder and the decision of the arbitrators shall be kept confidential by the Parties.
Appears in 1 contract
Samples: Master Firm Purchase/Sale Agreement