Arbitration Requirements. In the event that You are unable to resolve a Claim against American Express, or a Claim against the Bank and/or its affiliates, this section explains how Claims may be resolved through arbitration. You or American Express may elect to resolve any claim by individual, binding arbitration. Claims will be decided by a neutral arbitrator.
i) If arbitration is chosen by any party, neither You nor Bank and/or its affiliates nor American Express will have the right to litigate that Claim in court or have a jury trial on that Claim. Further, You , Bank and/or its affiliates, and American Express will not have the right to participate in a representative capacity or as a member of any class pertaining or be a named party to a class-action with respect to any Claim for which any party elects arbitration. Arbitration procedures are generally simpler than the rules that apply in court, and discovery is more limited. The arbitrator’s decisions are as enforceable as any court order and are subject to very limited review by a court. Except as set forth below, the arbitrator’s decision will be final and binding. Any other rights You, Bank and/or its affiliates and American Express would have in court may also not be available in arbitration.
Arbitration Requirements. Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate (hereafter “Dispute”), shall be determined by arbitration, subject to the terms of this section. The arbitration shall take place in Douglas County, Nebraska before one (1) arbitrator. The arbitrator will be an attorney with at least fifteen (15) years of experience, including at least five (5) years of experience in health care. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This section shall not preclude the Parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Matters that primarily involve Provider's professional competence or conduct (i.e., malpractice, professional negligence, or wrongful death) are not eligible for arbitration.
Arbitration Requirements. Notwithstanding Section (15) of the attached Qualtrics Employment Agreement, the Parties agree that any dispute, controversy, or claim arising under this Addendum may be brought by either Party in federal or state court situated in Salt Lake County, Utah. The Parties agree that federal and state courts in Salt Lake County shall have jurisdiction over any matter arising under this Addendum and consent to venue and personal jurisdiction.
Arbitration Requirements. The parties agree that the sole and exclusive method, means, and procedure to resolve any and all claims, disputes, controversies or disagreements arising out of or under or that are related to this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, shall be the submittal of all such matters to arbitration. Any dispute to be arbitrated shall be determined by binding arbitration in Austin, Texas before a retired judge (the “Arbitrator”) under the auspices of JAMS. Such arbitration shall be initiated by the parties, or either of them, within fifteen (15) days after either party sends written notice (the “Arbitration Notice”) which written notice shall set forth the claim under dispute in reasonable detail, of a demand to arbitrate by registered or certified mail to the other party and to JAMS. The Arbitration Notice shall contain a description of the subject matter of the arbitration, the dispute with respect thereto, the amount involved, if any, and the remedy or determination sought. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator may, in its award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party. In the event that JAMS shall no longer exist or if JAMS fails or refuses to accept submission of such dispute, then the dispute shall be resolved by binding arbitration before the American Arbitration Association (“AAA”) under the AAA’s Commercial Arbitration Rules then in effect. A demand for arbitration shall be made no later than the date when the institution of legal or Lease Concerning equitable proceedings based on the claim would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim. The party filing a notice of demand for arbitration must assert in the demand all claims then known to that party on which arbitration is permitted to be demanded.
Arbitration Requirements. (i) To the maximum extent practicable, an arbitration proceeding between the parties shall be concluded within one hundred and eighty (180) days of the filing of the dispute for arbitration with the AAA.
(ii) Judgment upon the award of the arbitrator may be entered in any court having competent jurisdiction. An arbitrator shall have no authority to award damages or other remedies inconsistent with the limitations set forth in this Agreement.
Arbitration Requirements. In the event that You are unable to resolve a Claim against American Express, or a Claim against the Bank and/or its affiliates, this section explains how Claims may be resolved through arbitration. You or American Express may elect to resolve any claim by individual, binding arbitration. Claims will be decided by a neutral arbitrator.
