Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. Respondent shall respond to Claimant within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. Claimant will pay the compensation and expenses of the arbitrator named by or for it, and Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators mus...
Arbitration Provision. Unless you have exercised your right to reject arbitration under subsection (m) below, the following Arbitration Provision will apply:
Arbitration Provision. (a) You agree that either you or we can choose to have binding arbitration resolve any claim, dispute or controversy between you and us that arises from or relates to this Agreement or the Account and credit issued thereunder (individually and collectively, a "Claim"). This does not apply to any Claim in which the relief sought is within the jurisdictional limits of, and is filed in, a small claims court. If arbitration is chosen by any party, the following will apply:
(1) NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE A CLAIM IN COURT OR TO HAVE A JURY TRIAL ON A CLAIM, OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY, EXCEPT AS PROVIDED FOR IN THE APPLICABLE ARBITRATION RULES.
(2) Arbitration will only decide our or your Claim, and you may not consolidate or join the claims of other persons who may have similar claims. YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS, OR AS A PRIVATE ATTORNEY GENERAL, PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION.
(3) The arbitration will be performed in accordance with this Arbitration Provision and the rules of the chosen arbitrator in effect when the Claim is filed.
(4) The arbitrator’s decision will generally be final and binding, except for the limited right of appeal provided by the Federal Arbitration Act.
(5) Other rights that you would have if you went to court might also not be available in arbitration.
(b) The party commencing the arbitration may select to use either JAMS or the American Arbitration Association ("AAA") (or, if neither of these arbitration organizations will serve, then a comparable substitute arbitration organization agreed upon by the parties or, if the parties cannot agree, chosen by a court of competent jurisdiction). If JAMS is selected, the arbitration will be handled according to its Streamlined Arbitration Rules unless the Claim is for $250,000 or more, in which case its Comprehensive Arbitration Rules shall apply. If the AAA is selected, the arbitration will be handled according to its Commercial Arbitration Rules. You may obtain rules and forms for JAMS by contacting JAMS at 0-000-000-0000 or xxx.xxxxxxx.xxx and for the AAA by contacting the AAA at 0-000-000-0000 or xxx.xxx.xxx. Any arbitration hearing that you attend will take place in the federal judicial district where you reside. At your request, we will advance your filing and hearing fees for any Claim you may file against us. If you prevail on your Claim, we will pay your arbitrat...
Arbitration Provision. This Arbitration Provision sets forth the circumstances and procedures under which claims (as defined below) shall be arbitrated instead of litigated in court upon the election of either party.
Arbitration Provision a) Where a difference arises between the parties relating to the interpretation, application, administration or alleged contravention of this agreement, including any question as to whether a matter is arbitral, either of the parties may, within fourteen (14) days after the grievance procedure established by this agreement has been exhausted, notify the other party in writing of its desire to submit the difference or allegation to arbitration. The parties have five (5) days to select a single arbitrator following receipt of notice.
b) Where a single arbitrator has not been named under (a) the party initiating the grievance will send a notice containing the name of its appointee to an arbitration board. The recipient of the notice shall within five (5) days inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall, within five (5) days of the appointment of the second of them, appoint a third person who shall be the chair.
c) If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a chair within the time limit, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party.
d) The arbitration board shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any employee or employer affected by it. The decision of a majority is the decision of the arbitration board, but if there is no majority decision of the chair governs.
e) The time limits provided under this collective agreement for the taking of steps in the grievance or arbitration procedure shall be subject to subsection 48(16) of the Labour Relations Act.
f) The time limits provided under this collective agreement for the taking to steps in the grievance or arbitration procedure may be extended on a case-by-case basis by written consent of the parties.
g) Notwithstanding the procedure above, either party may request access to expedited arbitration under Section 49 of the Labour Relations Act, 1995.
Arbitration Provision. Student and AMDA agree to the following procedure to resolve any dispute, claim, or controversy (“claim”) they may have against each other, including against AMDA’s current and former agents, owners, officers, directors, or contractors (collectively “AMDA”), which arises from the student relationship between the student and AMDA or the termination thereof.
Arbitration Provision. ⦁ Except as provided below, Lessor and Lessee agree to binding arbitration of all Claims between Lessor and Lessee. ⦁ “Claims” are any claims or controversies, at law or in equity, against each other related in any way to or arising out of in any way to the XXXX or any claim that arises between of bodily injury or property damage, or the enforcement of any remedy under any law, ordinance, statute or regulation, even if it arises after the Agreement has terminated. “Claims” include, but are not limited to, claims related in any way to or arising out of in any way to any aspect of the relationship between Lessor and Xxxxxx, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. “Claims” also include such claims that Xxxxxx brings against Lessor’s employees, agents, parent companies, subsidiaries, affiliates, or other representatives or that Lessor brings against Lessee, including any action for possession of the Premises under California Code of Civil Procedure Sections 1159 et.seq.(an “Unlawful Detainer Action”). ⦁ Unless Lessee and Xxxxxx each agree otherwise, the Arbitration will be conducted by a single, neutral third party arbitrator (the “Arbitrator”), who must be a retired California Superior Court judge. EACH PARTY ACKNOWLEDGES THAT, BY ACCEPTING ARBITRATION, HE, SHE OR IT IS WAIVING THE RIGHT TO A JURY TRIAL, AS WELL AS LIMITING ⦁ The process of selecting an Arbitrator shall begin with the Agency providing a list of five (5) potential Arbitrators. Each party alternately (beginning with the Lessee) shall eliminate one (1) name until there is only one (1) name remaining and such person will be the Arbitrator. ⦁ LESSOR AND XXXXXX AGREE THAT THEY WILL ONLY PURSUE ARBITRATION ON AN INDIVIDUAL BASIS AND WILL NOT PURSUE ARBITRATION OR ANY OTHER CLAIM ON A CLASS-WIDE, REPRESENTATIVE, OR CONSOLIDATED BASIS. XXXXXX AND XXXXXX ALSO AGREE THAT THEY WILL NOT PARTICIPATE AS A MEMBER OF A CLASS, AS A CLASS REPRESENTATIVE, OR IN A CONSOLIDATED ACTION. ⦁ Claims Not Subject To Arbitration. Either Lessor or Lessee may bring Claims in small claims court. Either Lessor or Lessee may pursue the self-help and other remedies and defenses provided in California Business and Professions Code section 21700 et seq. However, this exception does not include Claims that are derivative or based on violations of California Business and Professionals Code section 17200 et seq., including, without limitation, Claims for conversion, negligence, ...
Arbitration Provision. PLEASE READ CAREFULLY: Any dispute, controversy, interpretation, or claim, including claims for, but not limited to, breach of contract, any form of negligence, fraud or misrepresentation, and/or any violation of any law, statute, regulation, ordinance, or any other theory of liability arising out of, from or related to this Pre-Inspection Agreement or arising out of, from or related to the Inspection or the Report shall be submitted to final and binding arbitration as conducted by and according to the Rules and Procedures of Construction Dispute Resolution Services, LLC. The decision of the arbitrator appointed by Construction Dispute Resolution Services, LLC shall be final and binding and judgment on the decision may be entered in any Court of competent jurisdiction. All proceedings must be held in the state where the inspection was performed. NOTICE: YOU AND WE WOULD HAVE A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND HAVE A JUDGE OR JURY DECIDE THE DISPUTES BUT HAVE AGREED INSTEAD TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION.
Arbitration Provision. Unless you have exercised or exercise your right to reject arbitration as described under “Rules for rejecting this arbitration provision” below, the following Arbitration Provision will apply: This section provides that disputes may be resolved by binding arbitration. Arbitration replaces the right to go to court, have a jury trial or initiate or participate in a class action. In arbitration, disputes are resolved by an arbitrator, not a judge or jury. Arbitration procedures are simpler and more limited than in court. This arbitration provision is governed by the Federal Arbitration Act (FAA) and will be interpreted in the broadest way the law will allow. Covered claims Arbitration limits How arbitration works Paying for arbitration fees The final award
Arbitration Provision. Read the following arbitration provision carefully. It limits certain of YOUR rights, including YOUR right to obtain relief or damages through court action. To begin Arbitration, either YOU or WE must make a written demand to the other party for arbitration. The Arbitration will take place before a single arbitrator. It will be administered in keeping with the Expedited Procedures of the Commercial Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”) in effect when the CLAIM is filed. YOU may get a copy of these AAA’s Rules by contacting AAA at 0000 Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, XX 00000, calling 0-000-000-0000 or visiting xxx.xxx.xxx. The filing fees to begin and carry out arbitration will be shared equally between YOU and US. This does not prohibit the arbitrator from giving the winning party their fees and expenses of the arbitration. Unless YOU and WE agree, the arbitration will take place in the county and state where YOU live. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern and not any state law on arbitration. YOU AGREE AND UNDERSTAND THAT this arbitration provision means that YOU give up YOUR right to go to court on any CLAIM covered by this provision. You also agree that any arbitration proceeding will only consider YOUR CLAIMS. CLAIMS by, or on behalf of, other individuals will not be arbitrated in any proceeding that is considering YOUR CLAIMS. In the event this Arbitration provision is not approved by the appropriate state regulatory agency, and/or is stricken, severed, or otherwise deemed unenforceable by a court of competent jurisdiction, YOU and WE specifically agree to waive and forever give up the right to a trial by jury. Instead, in the event any litigation arises between YOU and US, any such lawsuit will be tried before a judge, and a jury will not be impaneled or struck. YOU have the right to return or void this AGREEMENT. YOU may return the AGREEMENT within thirty (30) calendar days after the date YOU purchased the AGREEMENT. If YOU return this AGREEMENT within the applicable time period and no CLAIMS have been paid, the AGREEMENT shall be void and WE will refund the entire AGREEMENT purchase price within thirty (30) days. A ten percent (10%) penalty per month shall be added to a refund that is not paid or credited within thirty (30) days after return of this AGREEMENT to US. This provision applies only to the original purchaser.
