Common use of Arbitration Procedures Clause in Contracts

Arbitration Procedures. This Arbitration Section is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, as it may be amended (the “FAA”). The arbitration shall be 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 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 basis 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. 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 for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the 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 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 arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.

Appears in 9 contracts

Samples: Credit Card Agreement, Credit Card Agreement, Card Agreement

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Arbitration Procedures. This Arbitration Section Provision is made pursuant to a transaction involving interstate commerce, commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Section Provision shall control if it is inconsistent with the 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 basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal 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 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, 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 for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have thirty (30) 30 days from the date of entry of the written arbitration award to notify the arbitration organization that it is 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-three- arbitrator panel which that will conduct arbitration pursuant to its Code and issue its decision within one hundred twenty (120) 120 days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.

Appears in 7 contracts

Samples: Bancorp Bank Account Agreement, Bancorp Bank Account Agreement, Bancorp Bank Account Agreement

Arbitration Procedures. This Arbitration Section is made pursuant Because the Service(s) provided to a transaction involving you by Xxxxxx concerns interstate commerce, and shall be governed by the Federal Arbitration Act, as it may be amended Act (the “FAA”), not state arbitration law, shall govern the arbitrability of all Disputes. The arbitration shall Applicable federal law or the law of the state where you receive the Service from Xxxxxx may apply toand govern the substance of any Disputes. No state statutes pertaining to arbitrationshall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Section Provision. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall control if govern. If AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve yourdispute with Xxxxxx. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutuallypetition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. If there is inconsistent with a conflict betweenthis Arbitration Provision and the applicable Coderest of this Agreement, this Arbitration Provisionshall govern. A single arbitrator will resolve the Dispute. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall will honor claims of privilege recognized at by law and, at the timely request of either party, shall provide a brief written explanation of the basis 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. The arbitrator shall and will take reasonable steps to preserve the privacy protect customer account information and other confidential or proprietary information. The arbitrator will make any award in writing but need not provide a statement of individuals, and of business mattersreasons unless requested by a party. Judgment upon the An award rendered by the arbitrator may be entered in any court having jurisdictionjurisdiction over the parties for purposes of enforcement. The arbitrator’s decision will be final and binding, except for any right of appeal provided If an award granted by the FAA. Howeverarbitrator exceeds $75,000, any either party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect organization by a written notice of the initial award objected to by the appealing party. The appealing party shall have appeal filed within thirty (30) days from the date of entry of the written arbitration award award. The members of the three- arbitrator panel will be selected according to notify the rules of the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writingorganization. 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 its Code and issue its decision within one hundred and twenty (120) days of the date of the appellantappealing party’s written noticenotice of appeal. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding, except for any appellate right which exists under the FAA.

Appears in 3 contracts

Samples: Service Agreement, Service Agreement, Service Agreement

Arbitration Procedures. This Arbitration Section is made pursuant Because the Service(s) provided to a transaction involving you by commZoom concerns interstate commerce, and shall be governed by the Federal Arbitration Act, as it may be amended Act (the “FAA”), not state arbitration law, shall govern the arbitrability of all Disputes. The Applicable federal law or the law of the state where you receive the Service from commZoom may apply to and govern the substance of any Disputes. No state statutes pertaining to arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Section Provision. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall control if govern. If AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your dispute with commZoom. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. If there is inconsistent with a conflict between this Arbitration Provision and the applicable Coderest of this Agreement, this Arbitration Provision shall govern. A single arbitrator will resolve the Dispute. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall will honor claims of privilege recognized at by law and, at the timely request of either party, shall provide a brief written explanation of the basis 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. The arbitrator shall and will take reasonable steps to preserve the privacy protect customer account information and other confidential or proprietary information. The arbitrator will make any award in writing but need not provide a statement of individuals, and of business mattersreasons unless requested by a party. Judgment upon the An award rendered by the arbitrator may be entered in any court having jurisdictionjurisdiction over the parties for purposes of enforcement. The arbitrator’s decision will be final and binding, except for any right of appeal provided If an award granted by the FAA. Howeverarbitrator exceeds $75,000, any either party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect organization by a written notice of the initial award objected to by the appealing party. The appealing party shall have appeal filed within thirty (30) days from the date of entry of the written arbitration award award. The members of the three-arbitrator panel will be selected according to notify the rules of the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writingorganization. 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 its Code and issue its decision within one hundred and twenty (120) days of the date of the appellantappealing party’s written noticenotice of appeal. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding, except for any appellate right which exists under the FAA.

Appears in 2 contracts

Samples: Terms and Conditions of Service, Terms and Conditions of Service

Arbitration Procedures. This Arbitration Section is made pursuant Because the Service(s) provided to a transaction involving Company by commZoom concerns interstate commerce, and shall be governed by the Federal Arbitration Act, as it may be amended Act (the “FAA”), not state arbitration law, shall govern the arbitrability of all Disputes. The Applicable federal law or the law of the state where Company receives the Service from commZoom may apply to and govern the substance of any Disputes. No state statutes pertaining to arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Section Provision. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall control if govern. If AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve Company’s dispute with commZoom. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. If there is inconsistent with a conflict between this Arbitration Provision and the applicable Coderest of this Agreement, this Arbitration Provision shall govern. A single arbitrator will resolve the Dispute. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall will honor claims of privilege recognized at by law and, at the timely request of either party, shall provide a brief written explanation of the basis 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. The arbitrator shall and will take reasonable steps to preserve the privacy protect customer account information and other confidential or proprietary information. The arbitrator will make any award in writing but need not provide a statement of individuals, and of business mattersreasons unless requested by a party. Judgment upon the An award rendered by the arbitrator may be entered in any court having jurisdictionjurisdiction over the parties for purposes of enforcement. The arbitrator’s decision will be final and binding, except for any right of appeal provided If an award granted by the FAA. Howeverarbitrator exceeds $75,000, any either party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect organization by a written notice of the initial award objected to by the appealing party. The appealing party shall have appeal filed within thirty (30) days from the date of entry of the written arbitration award award. The members of the three- arbitrator panel will be selected according to notify the rules of the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writingorganization. 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 its Code and issue its decision within one hundred and twenty (120) days of the date of the appellantappealing party’s written noticenotice of appeal. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding, except for any appellate right which exists under the FAA.

Appears in 2 contracts

Samples: Commercial Internet Service Agreement, Commercial Internet Service Agreement

Arbitration Procedures. This Arbitration Section Provision is made pursuant to a transaction involving interstate commerce, commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Section Provision shall control if it is inconsistent with the 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 basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal 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 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, 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 for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have thirty (30) 30 days from the date of entry of the written arbitration award to notify the arbitration organization that it is 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 that will conduct arbitration pursuant to its Code and issue its decision within one hundred twenty (120) 120 days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.

Appears in 2 contracts

Samples: Bancorp Bank Account Agreement Terms and Conditions, Bancorp Bank Account Agreement Terms and Conditions

Arbitration Procedures. This Arbitration Section Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The the“FAA”).The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Section Provision shall control if it is inconsistent with the 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 basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal 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, 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 for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the 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 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 arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. .The decision of the panel shall be by majority vote and shall be final and binding.

Appears in 2 contracts

Samples: Account Agreement, Deposit Account Agreement

Arbitration Procedures. This Arbitration Section is made pursuant Whenever a Party decides to a transaction involving interstate commerceinstitute arbitration proceedings, and shall be governed it will give written notice to the other Party. A single arbitrator mutually chosen by the Federal Arbitration Act, as it may be amended Parties will conduct the arbitration. If the Parties cannot agree upon a single arbitrator within fifteen (15) days after the “FAA”). The arbitration shall be 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 applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes institution 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 basis for the decision. In conducting the arbitration proceeding, then the arbitration will be conducted by a panel of three arbitrators appointed in accordance with applicable AAA rules; provided, however, that each Party will within thirty (30) days after the institution of the arbitration proceedings appoint one arbitrator, with the third arbitrator shall not apply being chosen by the Federal or any state rules other two arbitrators. If only one Party appoints an arbitrator, then such arbitrator will 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 of civil procedure or rules of evidencethe final arbitration hearing. The arbitrator shall take reasonable steps arbitrator(s) will have the authority to preserve the privacy of individualsgrant injunctive relief and specific performance, and to allocate between the Parties the costs of business mattersarbitration in an equitable manner; provided, however, that each Party will bear its own costs, attorneys fees and witness fees. Notwithstanding the terms of this Section, a Party will also have the right to obtain, prior to the 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 will deliver a copy to each of the Parties. Decisions of the arbitrator(s) will be final and binding on the Parties. Judgment upon the award rendered by the arbitrator may be entered in any the highest court or forum, state or federal, having jurisdiction; provided, however, that the provisions of this Section will not apply to decisions on the validity of patent claims or to any dispute or controversy as to which any treaty or law prohibits such arbitration. The arbitrator’s decision In no event will a demand for arbitration be final and bindingmade after the date when institution of a legal or equitable proceeding based on such claim, except for any right of appeal provided dispute or other matter in question would be barred by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect applicable statute of the 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 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 arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and bindinglimitations.

Appears in 1 contract

Samples: Collaboration and License Agreement (Isis Pharmaceuticals Inc)

Arbitration Procedures. This Arbitration Section arbitration provision is made pursuant to a transaction involving interstate commerce, commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Section arbitration provision shall control if it is inconsistent with the 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 basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal 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 request will be in the sole discretion of the arbitrator who shall notify the parties of the decision within 20 days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, 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 for any right of appeal provided by the FAA. However, any party can appeal that award to a three-three- arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have thirty (30) 30 days from the date of entry of the written arbitration award to notify the arbitration organization that it is 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 that will conduct arbitration pursuant to its Code and issue its decision within one hundred twenty (120) 120 days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.

Appears in 1 contract

Samples: thebancorp.mybankingservices.com

Arbitration Procedures. This Arbitration Section is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, as it may be amended (the “FAA”). The arbitration shall be 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 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 basis 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. 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 for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the 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 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-three- arbitrator panel which will conduct arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.

Appears in 1 contract

Samples: Une Femme Cardholder Agreement

Arbitration Procedures. This Arbitration Section is made pursuant Because the Service(s) provided to a transaction involving Company by commZoom concerns interstate commerce, and shall be governed by the Federal Arbitration Act, as it may be amended Act (the “FAA”), not state arbitration law, shall govern the arbitrability of all Disputes. The Applicable federal law or the law of the state where Company receives the Service from commZoom may apply to and govern the substance of any Disputes. No state statutes pertaining to arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Section Provision. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall control if govern. If AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve Company’s dispute with commZoom. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. If there is inconsistent with a conflict between this Arbitration Provision and the applicable Coderest of this Agreement, this Arbitration Provision shall govern. A single arbitrator will resolve the Dispute. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall will honor claims of privilege recognized at by law and, at the timely request of either party, shall provide a brief written explanation of the basis 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. The arbitrator shall and will take reasonable steps to preserve the privacy protect customer account information and other confidential or proprietary information. The arbitrator will make any award in writing but need not provide a statement of individuals, and of business mattersreasons unless requested by a party. Judgment upon the An award rendered by the arbitrator may be entered in any court having jurisdictionjurisdiction over the parties for purposes of enforcement. The arbitrator’s decision will be final and binding, except for any right of appeal provided If an award granted by the FAA. Howeverarbitrator exceeds $75,000, any either party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect organization by a written notice of the initial award objected to by the appealing party. The appealing party shall have appeal filed within thirty (30) days from the date of entry of the written arbitration award award. The members of the three-arbitrator panel will be selected according to notify the rules of the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writingorganization. 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 its Code and issue its decision within one hundred and twenty (120) days of the date of the appellantappealing party’s written noticenotice of appeal. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding, except for any appellate right which exists under the FAA.

Appears in 1 contract

Samples: Commercial Internet Service Agreement

Arbitration Procedures. This Arbitration Section Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that (that, to the extent enforceable under by the FAA) , this Arbitration Section Provision shall control if it is inconsistent with the 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 basis 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 requested 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 for any right of appeal provided by the FAA. However, any party can appeal that the award rendered by the arbitrator to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of the entry of the written arbitration award to notify the arbitration organization that it is 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 arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.

Appears in 1 contract

Samples: Account Agreement

Arbitration Procedures. This Arbitration Section arbitration provision is made pursuant to a transaction involving interstate commerce, commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Section arbitration provision shall control if it is inconsistent with the 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 basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal 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 request will be in the sole discretion of the arbitrator who shall notify the parties of the decision within 20 days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, 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 for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have thirty (30) 30 days from the date of entry of the written arbitration award to notify the arbitration organization that it is 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 that will conduct arbitration pursuant to its Code and issue its decision within one hundred twenty (120) 120 days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.

Appears in 1 contract

Samples: thebancorp.mybankingservices.com

Arbitration Procedures. This Arbitration Section 20 is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by , and the applicable CodeRules, except that (to the extent enforceable under the FAA) this Arbitration Section 20 shall control if it is inconsistent with the applicable CodeRules. 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 basis 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 Rules. 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. The arbitrator will be entitled to award all remedies that would be available under applicable law, including statutory remedies. 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 for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the 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 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 arbitration pursuant to its Code Rules and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.

Appears in 1 contract

Samples: testapi.corecard.com

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Arbitration Procedures. This Arbitration Section Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Section Provision shall control if it is inconsistent with the 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 basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal 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, 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 for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the 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 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 arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.

Appears in 1 contract

Samples: Savings Account Agreement

Arbitration Procedures. This Arbitration Section is made pursuant 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 transaction involving interstate commercesingle arbitrator within fifteen (15) days after the institution of the arbitration proceeding, then the arbitration will be conducted by a panel of three arbitrators appointed in accordance with applicable AAA rules; provided, 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 Agreement Re: Exercise of Stock Warrant 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 be governed by bear its own costs, attorneys fees and witness fees. Notwithstanding the Federal Arbitration Actterms of this Section, as it may be amended (a party shall also have the “FAA”)right to obtain, prior to the arbitrator(s) rendering the arbitration decision, provisional remedies, including injunctive relief or specific performance, from a court having jurisdiction thereof. The arbitration shall be governed by arbitrator(s) will, upon the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Section shall control if it is inconsistent with the 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 issue a brief written explanation opinion of the basis for findings of fact and conclusions of law and shall deliver a copy to each of the decisionParties. In conducting Decisions of the arbitration proceeding, arbitrator(s) shall be final and binding on all of the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business mattersparties. Judgment upon the award rendered by the arbitrator may be entered in any the highest court or forum, state or federal, having jurisdiction. The arbitrator’s decision will be final and binding; provided, except for any right of appeal provided by the FAA. Howeverhowever, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the 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 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 provisions of this Section will appoint a three-arbitrator panel not apply to decisions on the validity of patent claims or to any dispute or controversy as to which will conduct arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and bindingany treaty or law prohibits such arbitration.

Appears in 1 contract

Samples: Option and License Agreement (Chemokine Therapeutics Corp)

Arbitration Procedures. This Arbitration Section Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Section Provision shall control if it is inconsistent with the 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 basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal 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, 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 for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the 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 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-three- arbitrator panel which will conduct arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.

Appears in 1 contract

Samples: Savings Account Agreement

Arbitration Procedures. This Arbitration Section 25 is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by , and the applicable CodeRules, except that (to the extent enforceable under the FAA) this Arbitration Section 25 shall control if it is inconsistent with the applicable CodeRules. 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 basis 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 Rules. 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 for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the 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 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 arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.thirty

Appears in 1 contract

Samples: testapi.corecard.com

Arbitration Procedures. This The arbitration will be conducted in accordance with the then-existing JAMS Employment Arbitration Section is made pursuant to a transaction involving interstate commerceRules & Procedures, as amended, (“JAMS Employment Rules”) and shall as augmented in this Agreement. Arbitration will be governed initiated as provided by the Federal Arbitration ActJAMS Employment Rules. JAMS Employment Rules can be found at xxxxxxx.xxx/xxxxx, as it or by calling JAMS at 000-000-0000. Either Party may be amended (the “FAA”)bring an action in court to compel arbitration under this Agreement and to enforce an arbitration award. The arbitration shall be governed by the Otherwise, neither Party will initiate or prosecute any lawsuit or administrative action in any way related to any applicable Codedispute or claim, except that (as set forth in this Agreement. All disputes or claims subject to the extent enforceable under the FAA) this Arbitration Section shall control if it is inconsistent with the applicable Codearbitration will be decided by a single arbitrator. The arbitrator shall apply applicable substantive law consistent will be selected by mutual agreement of the Parties within 30 days of the effective date of the notice initiating the arbitration. If the Parties cannot agree on an arbitrator, then the complaining Party will notify JAMS and request selection of an arbitrator in accordance with the FAA and JAMS Employment Rules or other 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 basis 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 evidenceJAMS rules. The arbitrator shall take reasonable steps will only have authority to preserve the privacy of individualsaward equitable relief, damages, costs, and fees as a court would have for the particular claims asserted, and any action of business matters. Judgment upon the award rendered arbitrator in contravention of this limitation may be the subject of court appeal by the arbitrator may be entered in any court having jurisdictionaggrieved Party. The All other aspects of the arbitrator’s decision ruling will be final and binding, except for any right of appeal provided by the FAAfinal. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party7. The appealing party shall have Arbitration Decision: Within thirty (30) days from the date of entry of the written arbitration award to notify close of the arbitration organization that it is exercising hearing, or at such other time as determined by the arbitrator, any Party will have the right of appealto prepare, serve on the other Party, and file with the Arbitrator a brief. The appeal shall Arbitrator will issue a decision or award in writing, stating the essential findings of fact and conclusions of law. Except as may be permitted or required by law, all proceedings and all documents prepared in connection with any arbitration will be confidential and the arbitration subject matter will not be disclosed to any person other than the Parties to the proceedings, their counsel, witnesses and experts, the arbitrator, and, if involved, the court and court staff. All documents filed with the arbitration organization in arbitrator or with a court, to the form of a dated writingmaximum extent allowed by law, will be filed under seal. The Parties will stipulate to all arbitration organization and court orders necessary to effectuate these confidentiality provisions. A court of competent jurisdiction will then notify have the other party that authority to enter a judgment upon the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration made pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant’s written noticearbitration or applicable arbitration appeal. The decision of the panel shall be by majority vote and shall be final and binding8.

Appears in 1 contract

Samples: Assignment Agreement (Ideanomics, Inc.)

Arbitration Procedures. This Arbitration Section is made pursuant Because the Service(s) provided to a transaction involving you by Surf Broadband Solutions may concern interstate commerce, and shall be governed by the Federal Arbitration Act, as it may be amended Act (the “FAA”), not state arbitration law, shall govern the arbitrability of all Disputes. The No state statute pertaining to arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Section Provision. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall control if govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your dispute with Surf Broadband Solutions. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. If there is inconsistent with a conflict between this Arbitration Provision and the applicable Coderest of this Agreement, this Arbitration Provision shall govern. A single arbitrator will resolve the Dispute. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall will honor claims of privilege recognized at by law and, at the timely request of either party, shall provide a brief written explanation of the basis 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. The arbitrator shall and will take reasonable steps to preserve protect customer account information and other confidential or proprietary information. The Federal Rules of Evidence shall apply to any arbitration. The authority of the privacy arbitrator to award damages in any event is and shall be limited in the aggregate to the amounts specified in Section 11. The arbitrator will make any award in writing but need not provide a statement of individuals, and of business mattersreasons unless requested by a party. Judgment upon the An award rendered by the arbitrator may be entered in any court having jurisdictionjurisdiction over the parties for purposes of enforcement. The arbitrator’s decision will be final and binding, except for any right of appeal provided If an award granted by the FAA. Howeverarbitrator exceeds $75,000, any either party can appeal that award to a three-three- arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect organization by a written notice of the initial award objected to by the appealing party. The appealing party shall have appeal filed within thirty (30) days from the date of entry of the written arbitration award award. The members of the three-arbitrator panel will be selected according to notify the rules of the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writingorganization. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-three- arbitrator panel which will conduct arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appellantappealing party’s written noticenotice of appeal. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding, except for any appellate right which exists under the FAA.

Appears in 1 contract

Samples: Surf Broadband Solutions Agreement for Residential Services

Arbitration Procedures. This The arbitration will be conducted in accordance with the then-existing JAMS Employment Arbitration Section is made pursuant to a transaction involving interstate commerceRules & Procedures, as amended, (“JAMS Employment Rules”) and shall as augmented in this Agreement. Arbitration will be governed initiated as provided by the Federal Arbitration ActJAMS Employment Rules. JAMS Employment Rules can be found at xxxxxxx.xxx/xxxxx, as it or by calling JAMS at 000-000-0000. Either party may be amended (the “FAA”)bring an action in court to compel arbitration under this Agreement and to enforce an arbitration award. The arbitration shall be governed by the Otherwise, neither party will initiate or prosecute any lawsuit or administrative action in any way related to any applicable Codedispute or claim, except that (as set forth in this Agreement. All disputes or claims subject to the extent enforceable under the FAA) this Arbitration Section shall control if it is inconsistent with the applicable Codearbitration will be decided by a single arbitrator. The arbitrator shall apply applicable substantive law consistent will be selected by mutual agreement of the parties within 30 days of the effective date of the notice initiating the arbitration. If the parties cannot agree on an arbitrator, then the complaining party will notify JAMS and request selection of an arbitrator in accordance with the FAA and JAMS Employment Rules or other 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 basis 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 evidenceJAMS rules. The arbitrator shall take reasonable steps will only have authority to preserve the privacy of individualsaward equitable relief, damages, costs, and fees as a court would have for the particular claims asserted, and any action of business matters. Judgment upon the award rendered arbitrator in contravention of this limitation may be the subject of court appeal by the arbitrator may be entered in any court having jurisdictionaggrieved party. The All other aspects of the arbitrator’s decision ruling will be final and binding, except for any right of appeal provided by the FAAfinal. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party7. The appealing party shall have Arbitration Decision: Within thirty (30) days from the date of entry of the written arbitration award to notify close of the arbitration organization that it is exercising hearing, or at such other time as determined by the arbitrator, any party will have the right of appealto prepare, serve on the other party, and file with the arbitrator a brief. The appeal shall arbitrator will issue a decision or award in writing, stating the essential findings of fact and conclusions of law. Except as may be permitted or required by law, all proceedings and all documents prepared in connection with any arbitration will be confidential and the arbitration subject matter will not be disclosed to any person other than the parties to the proceedings, their counsel, witnesses and experts, the arbitrator, and, if involved, the court and court staff. All documents filed with the arbitration organization in arbitrator or with a court, to the form of a dated writingmaximum extent allowed by law, will be filed under seal. The parties will stipulate to all arbitration organization and court orders necessary to effectuate these confidentiality provisions. A court of competent jurisdiction will then notify have the other party that authority to enter a judgment upon the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration made pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant’s written noticearbitration or applicable arbitration appeal. The decision of the panel shall be by majority vote and shall be final and binding8.

Appears in 1 contract

Samples: Confidentiality and Invention Assignment Agreement (Ideanomics, Inc.)

Arbitration Procedures. This Arbitration Section 22 is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by , and the applicable CodeRules, except that (to the extent enforceable under the FAA) this Arbitration Section 22 shall control if it is inconsistent with the applicable CodeRules. 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 basis 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 Rules. 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. The arbitrator will be entitled to award all remedies that would be available under applicable law, including statutory remedies. 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 for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the 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 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 arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.thirty

Appears in 1 contract

Samples: Cardholder Agreement

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