Common use of ARBITRATION: SHIPPER BROKER Clause in Contracts

ARBITRATION: SHIPPER BROKER. In the event of a dispute arising out of this Agreement, the Party’s sole recourse shall be to arbitration within two years from the date of the alleged loss. Proceedings shall be conducted under the rules of the the American Arbitration Association (AAA) or Transportation ADR Council, Inc. (ADR) at the discretion of the party filing the complaint. Upon agreement of the Parties: Arbitration proceedings may be conducted outside of the administrative control of the AAA or ADR; unless otherwise agreed in writing, arbitration proceedings may be conducted by tele-conference or video-conference. The decision of the arbitrators shall be “reasoned” including findings of fact and conclusions of law, binding and final and the award of the arbitrator may be entered in a court of competent jurisdiction. The prevailing party shall be entitled to recovery of costs, expenses and reasonable attorney fees as well those incurred in any action for appeal or injunctive relief, or in the event further legal action is taken to enforce the award of arbitrators. The arbitration provisions of this paragraph shall not apply to enforcement of the award of arbitration.

Appears in 6 contracts

Samples: Broker/Shipper Transportation Agreement, Broker/Shipper Transportation Agreement, Broker/Shipper Transportation Agreement

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ARBITRATION: SHIPPER BROKER. In the event of a dispute arising out of this Agreement, the Party’s sole recourse shall be to arbitration within two years from the date of the alleged loss. Proceedings shall be conducted under the rules of the the American Arbitration Association (AAA) or Transportation ADR Council, Inc. (ADR) at the discretion of the party filing the complaint. Upon agreement of the Parties: Arbitration proceedings may be maybe conducted outside of the administrative control of the AAA or ADR; unless otherwise agreed in writing, arbitration proceedings may be conducted by tele-conference or video-conferencevideoconference. The decision of the arbitrators shall be “reasoned” including findings of fact and conclusions of law, binding and final and finaland the award of the arbitrator may be entered in a court of competent jurisdiction. The prevailing party shall partyshall be entitled to recovery of costs, expenses expenses, and reasonable attorney fees as well those incurred in any action for appeal or injunctive relief, or in the event further legal action is taken to enforce the award of arbitrators. The arbitration provisions of this paragraph shall not apply to enforcement of the award of arbitration.

Appears in 1 contract

Samples: Broker/Shipper Transportation Agreement

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