Arbitration Resolution Sample Clauses

Arbitration Resolution. Any Claim shall be submitted to binding arbitration by a panel of three arbitrators. Seller and Purchaser shall each appoint one arbitrator from the list of approved arbitrators maintained by the American Arbitration Association. The third arbitrator shall be a neutral arbitrator who has not acted for either party (or any Affiliate of either party) within the prior five years, and will be appointed in accordance with the American Arbitration Association Rules then in effect. The arbitration shall be held in San Antonio, Texas, and shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitrators shall determine the Claims of the parties and render a final award in accordance with the substantive law of the State of Texas, excluding the conflicts provisions of such law, except that matters relating to real estate law and local and state environmental law should be determined under the substantive laws of the State of California. The arbitrators shall set forth the reasons for the award in writing.
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Arbitration Resolution. An Arbitration Resolution executed by Borrower and each Guarantor.
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Arbitration Resolution. Excepting Company’s right to terminate this Agreement pursuant to Paragraph 13, any claim, dispute or controversy arising out of or relating to this Agreement, shall be submitted to binding arbitration by the Arbitration Committee of the American Arbitration Association, in accordance with the construction industry rules then in effect. The arbitration hearing shall be held in Houston, Xxxxxx County, Texas, on at least twenty (20) business days prior written notice to the parties. There shall be three arbitrators, with each party selecting one; the third arbitrator, who shall be the chairman of the panel, shall be selected by the two party‑appointed arbitrators. The claimant shall name its arbitrator in the demand for arbitration and the responding party shall name its arbitrator within thirty (30) days after receipt of the demand for arbitration. The third arbitrator shall be named within thirty (30) days after the appointment of the second arbitrator. The Arbitration Committee of the American Arbitration Association shall be empowered to appoint any arbitrator not named in accordance with the procedure set forth herein. Each arbitrator will be qualified by at least ten (10) years experience in the natural gas and/or electric construction and engineering industry. The decision of the arbitrators shall be final and binding upon the parties without the right of appeal to the courts. In deciding the substance of any such claim, dispute or disagreement, the arbitrators shall apply the substantive Laws of the State of Texas; provided, however, except as is otherwise provided in this Agreement, that the arbitrators shall have no authority to award consequential damages or punitive damages under any circumstances (whether it be exemplary damages, treble damages, or any other penalty or punitive type of damages) regardless of whether such damages may be available under Texas Law, the parties hereby waiving their right, if any, to recover consequential damages or punitive damages in connection with any such claims, disputes or disagreements. The award rendered by the arbitrators shall be final and judgment thereon may be entered by any court having jurisdiction thereof. The costs and expenses of the arbitration (including reasonable attorneys’ fees) will be borne by the losing party, unless the arbitrators determine that it would be manifestly unfair to honor this agreement of the parties and determine a different allocation of costs. Arbitration proceedings shall...
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Arbitration Resolution. 21.2.1 After following the procedure in clause 21.1, any claim, dispute or controversy arising out of or relating to this Contract (other than a dispute to which the Fast Track Arbitration provisions of clause 21.3 apply) shall be submitted to binding arbitration under the Rules of Conciliation and Arbitration of the International Chamber of Commerce. The Parties shall cooperate in good faith in providing to the Arbitrator any information reasonably needed to resolve the dispute. No discovery proceedings shall be allowed. 21.2.2 The arbitration shall be held in Singapore and shall be conducted in the English language. If the amount of any asserted claim or counterclaim does not exceed the arbitration shall be conducted before a single arbitrator in accordance with the expedited procedures and rules of the Rules of Conciliation and Arbitration of the International Chamber of Commerce. In all other cases unless otherwise agreed, there shall be three arbitrators, with each Party selecting one; the third arbitrator, who shall be the chairman of the panel, shall be selected by the two Party-appointed arbitrators. The claimant shall name its arbitrator in the demand for arbitration and the responding party shall name its arbitrator within ten (10) days after receipt of the demand for arbitration. The third arbitrator shall be named within ten (10) days after the appointment of the second arbitrator. 21.2.3 The award rendered by the arbitration shall be final and binding upon the Parties without the right of appeal to the courts and judgement thereon may be entered and enforced by any court having jurisdiction thereof.
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Arbitration Resolution. Any Claim shall be submitted to binding arbitration before a single arbitrator conducted by JAMS-Endispute, Santa Monica, California in accordance with its then-current rules and procedures. The arbitration shall be held in Los Angeles, California. Sellers and Purchaser shall attempt to select a mutually agreed to individual to serve as the single arbitrator within fifteen (15) days following the date that either party receives a notice to arbitrate. Within five (5) business days after Purchaser or Sellers receive a notice to arbitrate, Purchaser and Sellers shall provide the other with a list of three (3) names of current JAMS-Endispute arbitrators. If the name of one arbitrator is listed by each party, the parties agree to use that arbitrator. If more than one arbitrator is on the list, the parties shall use the arbitrator with the lowest hourly rate. If Sellers and Purchaser do not list one of the same arbitrators on the respective lists, they shall request the Santa Monica, California office of JAMS-Endispute to submit to them a list identifying five (5) of its members qualified to conduct an arbitration involving the issue raised in the notice to arbitrate, in accordance with JAMS’ Comprehensive Arbitration Rules & Procedure. Sellers, on the one hand, and Purchaser, on the other hand, may each strike two (2) persons from the list. If Sellers and Purchaser are unable to select an arbitrator from the remaining persons on the list (for example, if there is more than one individual remaining on the list), JAMS-Endispute shall select the arbitrator. The arbitrator shall determine the Claims of the parties and render a final award in accordance with the law of the State of California. The arbitrator shall set forth the reasons for the award in writing.
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Arbitration Resolution. Any claim, dispute, or controversy arising out of or relating to this LSA or the breach or termination thereof, not settled in accordance with the provisions of Section 6.1 (or Section 5.4(b) in the case of disputes regarding the approval of an AOP) shall be submitted to binding arbitration, which arbitration shall apply the Rules for Non-Administered Arbitration of the International Institute for Conflict Prevention & Resolution (“CPR”) in effect on the date hereof and, to the extent not inconsistent therewith, the procedural laws of the State of Texas, unless the Parties mutually agree otherwise. (a) Minor Disputes shall be resolved in the following manner: (i) The Party that wishes to submit a Minor Dispute that the Parties are unable to resolve pursuant to Section 6.1 (or Section 5.4(b) in the case of disputes regarding the approval of an AOP) to arbitration under this Section 6.2 shall notify the other Party of the object of the Minor Dispute. (ii) Within five (5) days after such notice, the Parties shall jointly notify the applicable Expert. Minor Disputes related solely to accounting issues shall be referred to an Accounting Expert. Minor Disputes related solely to legal issues shall be referred to a Legal Expert. All disputes regarding the approval of an AOP and all other Minor Disputes, including any Minor Disputes that involve accounting and/or legal issues together with other non-accounting/non-legal issues, shall be referred to a Mining Expert. If the Parties are unable to agree on the selection of the Expert or if either Party fails to join in the joint notification of the selected Expert, then the Expert shall be selected by the CPR using the criteria set forth above and/or notified by the CPR. (iii) Within fifteen (15) days after the notice to such Expert, each Party shall submit to the Expert a written position statement with respect to the issues in dispute. Such statements shall include a short summary of the Party’s position along with a statement of such Party’s last best offer with respect to the resolution of the issue, if any. Any applicable accounting guidelines or other materials may be included with the submission. If required by the Expert, on a day determined by the Expert on or before the 10th day after the notice to the Expert, the Parties shall meet with the Expert at a place in Houston, Texas, determined by the Expert and shall make such presentation and/or shall answer such queries as the Expert shall determine. The Expert ...
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Arbitration Resolution 
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Related to Arbitration Resolution

  • Disputes Resolution It is the intent of the parties to communicate on a regular basis in a positive and effective manner. The parties agree to communicate areas of concern as they arise and to address those concerns in a professional manner. Any disputes between the Commission and the School which arise under, or are by virtue of, this Contract and which are not resolved by mutual agreement, shall be decided by the full Commission in writing, within 90 calendar days after a written request by the School for a final decision concerning the dispute; provided that where a disputes resolution process is defined for a particular program area (e.g., IDEA, Section 504, etc.), the Parties shall comply with the process for that particular program area; and further provided that the parties may mutually agree to utilize the services of a third-party facilitator to reach a mutual agreement prior to decision by the full Commission. Subject to the availability of an appeal under Ch. 302D, HRS, or BOE administrative rules or procedures, any such decision by the full Commission shall be final and conclusive.

  • Dispute Resolution; Arbitration This Agreement evidences a transaction involving interstate commerce. Any disputes arising from this Agreement shall be decided by binding arbitration which shall be conducted, at the request of any party, in New York, New York, before one arbitrator designated by the American Arbitration Association (the "AAA"), in accordance with the Commercial Arbitration Rules of the AAA, and to the maximum extent applicable, the United States Arbitration Act (Title 9 of the United States Code). Notwithstanding anything in this Agreement to the contrary, any party may proceed to a court of competent jurisdiction to obtain equitable relief at any time. An arbitrator shall have no authority to award punitive damages or other damages not measured by the prevailing party's actual damages. To the maximum extent practicable, an arbitration proceeding under this Agreement shall be concluded within 180 days of the filing of the dispute with the AAA. This arbitration clause shall survive any termination, amendment, or expiration of the Agreement and if any provision of this arbitration clause is found to be unenforceable, the remaining parts of the arbitration clause shall not be affected and shall remain fully enforceable.

  • Grievance Resolution If a grievance is resolved at Step 2 or 3 in the procedure as provided herein, the grievant concerned shall indicate acceptance of the resolution by affixing his/her signature in the appropriate space indicated. If the employee has been represented by the Union at the Step of the procedure at which a resolution is reached, the Union representative shall also sign the appropriate document acknowledging that the employee has accepted the resolution. Decisions on grievances where an employee represents him/herself shall not be considered precedent setting or binding with regard to any future grievances filed with respect to the same or similar matters.

  • GRIEVANCE PROCEDURE & ARBITRATION It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible. If an employee has a complaint related to an alleged violation of the Collective Agreement may at option discuss it with immediate supervisor within three (3) days after the circumstances giving rise to the complaint (grieved action) have occurred or have or ought to have reasonably come to the attention of the employee. The Supervisor shall give a response to the complaint within three (3) days. These discussions will not establish precedent. Failing settlement, or failing a response to the complaint, it may be taken up as a grievance in the following manner and sequence: Procedure: Any employee or group of employees, for whom the Union is the bargaining agent, may refer grievances to the appropriate Union Xxxxxxx covered under this Collective Agreement. Grievances must be filed within fifteen (15) working days of grieved act or except where both parties agree to an extension of time. There is no grievance until an employee has reported complaint to the Supervisor. The grievance form shall contain a statement giving particulars of the grieved action, a statement as to the remedy sought and the provisions of the Agreement alleged to have been breached, provided that this does not preclude the or Employer from relying upon other provisions of the Agreement. Step Grievance form is completed in duplicate and signed by the employee and Union Xxxxxxx, presented to the Supervisor by the Union Xxxxxxx and (at their option). Both copies are to be returned by the Supervisor with signed comments to the Union Xxxxxxx within three (3) working days. Once a grievance has been filed no Supervisor or Employer Official shall discuss said grievance with the grieved employee except in the presence of a Xxxxxxx or Union Official. Step If satisfaction is not obtained in Step the Union Xxxxxxx, within five (5) working days, may refer the grievance to the Department Manager or designate, who will meet and discuss the grievance with the Union Xxxxxxx, (at their option) and the Human Resources Consultant then render a decision in writing on the prescribed forms within five

  • Amicable Resolution (a) Save where expressly stated to the contrary in this Agreement, any dispute, difference or controversy of whatever nature between the Parties, howsoever arising under, out of or in relation to this Agreement (the "Dispute") shall in the first instance be attempted to be resolved amicably in accordance with the procedure set forth in Clause 12.1 (b). (b) Either Party may require such Dispute to be referred to the Authority, and the Chief Executive Officer/Director/Partner of the Developer for the time being, for amicable settlement. Upon such reference, the two shall meet at the earliest mutual convenience and in any event within 15 days of such reference to discuss and attempt to amicably resolve the Dispute. If the Dispute is not amicably settled within 15 (fifteen) days of such meeting between the two, either Party may refer the Dispute to arbitration in accordance with the provisions of Clause 12.2.

  • DISPUTES RESOLUTION PROCEDURE 10.1 A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. The Parties to this Agreement are committed to complying with the terms of this procedure.

  • Terms of Arbitration The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement.

  • I2 Dispute Resolution The Parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute to the finance director of the Contractor and the commercial director of the Authority.

  • Governing Law; Dispute Resolution (a) This Limited Guarantee shall be interpreted, construed and governed by and in accordance with the Laws of the State of New York without regard to the conflicts of law principles thereof that would subject such matter to the Laws of another jurisdiction other than the State of New York. (b) Any disputes, actions and proceedings against any party or arising out of or in any way relating to this Limited Guarantee shall be submitted to the Hong Kong International Arbitration Centre (the “HKIAC”) and resolved in accordance with the Arbitration Rules of HKIAC in force at the relevant time (the “Rules”) and as may be amended by this Section 10(b). The place of arbitration shall be Hong Kong. The official language of the arbitration shall be English and the arbitration tribunal shall consist of three arbitrators (each, an “Arbitrator”). The claimant(s), irrespective of number, shall nominate jointly one Arbitrator; the respondent(s), irrespective of number, shall nominate jointly one Arbitrator; and a third Arbitrator will be nominated jointly by the first two Arbitrators and shall serve as chairman of the arbitration tribunal. In the event the claimant(s) or respondent(s) or the first two Arbitrators shall fail to nominate or agree on the joint nomination of an Arbitrator or the third Arbitrator within the time limits specified by the Rules, such Arbitrator shall be appointed promptly by the HKIAC. The arbitration tribunal shall have no authority to award punitive or other punitive-type damages. The award of the arbitration tribunal shall be final and binding upon the disputing parties. Any party to an award may apply to any court of competent jurisdiction for enforcement of such award and, for purposes of the enforcement of such award, the parties irrevocably and unconditionally submit to the jurisdiction of any court of competent jurisdiction and waive any defenses to such enforcement based on lack of personal jurisdiction or inconvenient forum. (c) Notwithstanding the foregoing, the parties hereto consent to and agree that in addition to any recourse to arbitration as set out in Section 10(b), any party may, to the extent permitted under the Laws of the jurisdiction where application is made, seek an interim injunction from a court or other authority with competent jurisdiction and, notwithstanding that this Agreement is governed by the Laws of the State of New York, a court or authority hearing an application for injunctive relief may apply the procedural Law of the jurisdiction where the court or other authority is located in determining whether to grant the interim injunction. For the avoidance of doubt, this Section 10(c) is only applicable to the seeking of interim injunctions and does not restrict the application of Section 10(b) in any way.

  • Mediation/Arbitration a. In the event of any dispute under this Agreement, the parties hereto desire to avoid litigation. Accordingly, the aggrieved party will give notice of the dispute to the other party and both parties will attempt to settle the dispute during the thirty (30) day period following such notice. If such dispute remains unsettled, the parties agree to then submit such dispute to mediation. If the parties cannot agree on a mediator, each will select a mediator and the two chosen mediators will select a third mediator who shall alone hear the dispute. Such mediation will, if possible, be conducted during the sixty (60) day period following expiration of the thirty (30) day period. If such mediation fails to resolve the dispute, the parties agree such dispute will be submitted to final and binding arbitration in accordance with the rules of the American Arbitration Association. Unless otherwise directed by the arbitrator, such arbitration must be concluded within ninety (90) days of the expiration of the sixty (60) day period previously specified for mediation. If the parties cannot agree on a single arbitrator, each will select an arbitrator, and the two chosen arbitrators will select a third arbitrator who shall alone decide the dispute. Any mediation or arbitration conducted hereunder will be conducted in Knoxville, Tennessee. The parties hereto shall equally share the costs of mediation (including the mediator’s fees and expenses and costs directly related to the conduct of the mediation, but excluding each party’s direct costs for transportation, attorneys, etc., for which each will be responsible). If any party fails to participate in mediation or arbitration after receipt of notice thereof, then each party hereto agrees that the other party shall have the right to proceed immediately to arbitration and that such other party shall be entitled to select the arbitrator in its sole discretion. Each party further agrees that, in such event, such arbitrator shall have the right to decide the dispute as if the non- participating party were participating in the arbitration and that such decision shall be final and binding upon each party hereto.

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