Arbitration to resolve disputes. Any controversy or claim, including any claim of liability, misrepresentation or breach, arising out of or related to this Agreement shall be settled by arbitration. The arbitration shall be conducted by a single arbitrator under the then current rules of the American Arbitration Association provided that the arbitrator shall be chosen from a panel of persons experienced as arbitrators. The decision and award of the arbitrator shall be final and binding and the award so rendered may be entered in any court having jurisdiction. The arbitration shall be held and the award shall be deemed to be made in Cape May County, New Jersey.
Arbitration to resolve disputes. Either party may refer the Dispute to arbitration if the Dispute: is not resolved through mediation within 40 Working Days (or such longer period agreed by the parties) of the appointment of a mediator; or is not resolved by negotiation of the Chief Executives (or their representatives) in accordance with clause 23.1 within 15 Working Days of the matter being referred to them and neither party referred the Dispute to mediation.
Arbitration to resolve disputes. 8.01 The parties acknowledge that the logistics of their locations in various continents makes the litigation of any dispute a potentially lengthy, time consuming and expensive process. In order to minimize the expense and difficulty of resolving disputes, the parties agree to utilize their best efforts to resolve said disputes amicably. In the event a dispute does not prove amenable to amicable resolution, the parties agree to submit the dispute to binding arbitration. The arbitrators shall operate under the auspices of and in accordance with the rules of the American Arbitration Association, which shall to the maximum extent possible permit the parties to participate in said proceedings without requiring their actual physical presence. Each side shall select an arbitrator, with the two arbitrators to select a third from among a list of arbitrators acceptable to the parties. The party which prevails in said arbitration shall recover its costs from the non-prevailing party in a percentage to be determined by the arbitrators. No appeal of a decision of the arbitrators shall be allowed absent an allegation of fraud or collusion on the part of the arbitrators. The laws of the United States shall govern in any dispute, and venue for any said dispute shall be Allegheny County, Pennsylvania, USA.
Arbitration to resolve disputes. Any dispute arising out of this Agreement shall be resolved by final and binding arbitration under the Model Employment Arbitration Rules of the American Arbitration Association and shall be submitted to a National Academy arbitrator residing in Oregon or Washington, selected in accordance with such rules. In consideration of this agreement to submit such disputes to final and binding arbitration, the Parties expressly waive the right to submit any dispute arising under this Agreement to government agencies and courts. Either party may require that an official record of the proceedings be prepared by a professional reporter. The party who is determined to be the losing party by the arbiter in such arbitration proceeding shall pay the attorneys fees and costs of the party determined to be the prevailing party by the arbiter in such arbitration proceeding. Xxxx Pacific Shipyards Corporation /s/ Xxxxxx A. Dodge By: /s/ Xxxxxxx X. Xxxxx Xxxxxx A. Dodge Xxxxxxx X. Xxxxx, President Dated: December 22, 2010 Dated: December 22, 2010
Arbitration to resolve disputes. If the Dispute:
