Arbitration to resolve disputes Sample Clauses

Arbitration to resolve disputes. Either party may refer the Dispute to arbitration if the Dispute: (a) is not resolved through mediation within 40 Working Days (or such longer period agreed by the parties) of the appointment of a mediator; or (b) 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.
Sample 1Sample 2Sample 3See All (82)
AutoNDA by SimpleDocs
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.
Sample 1Sample 2
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.
Sample 1Sample 2
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.
Sample 1

Related to Arbitration to resolve disputes

  • GRIEVANCE AND ARBITRATION 15.01 Either the Employer, the Union or any employee has a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning the interpretation, application or alleged violation of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that the provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be processed as follows: - Between the employee concerned, his Union representative and the Company. The grievance must be filed within eighteen (18) working days after the event giving rise to the grievance occurs and within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes to appeal to the next Step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.

  • Arbitration of Disputes Any controversy or claim arising out of or relating to this Agreement or the breach thereof or otherwise arising out of the Executive’s employment or the termination of that employment (including, without limitation, any claims of unlawful employment discrimination whether based on age or otherwise) shall, to the fullest extent permitted by law, be settled by arbitration in any forum and form agreed upon by the parties or, in the absence of such an agreement, under the auspices of the American Arbitration Association (“AAA”) in Boston, Massachusetts in accordance with the Employment Dispute Resolution Rules of the AAA, including, but not limited to, the rules and procedures applicable to the selection of arbitrators. In the event that any person or entity other than the Executive or the Company may be a party with regard to any such controversy or claim, such controversy or claim shall be submitted to arbitration subject to such other person or entity’s agreement. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This Section 8 shall be specifically enforceable. Notwithstanding the foregoing, this Section 8 shall not preclude either party from pursuing a court action for the sole purpose of obtaining a temporary restraining order or a preliminary injunction in circumstances in which such relief is appropriate; provided that any other relief shall be pursued through an arbitration proceeding pursuant to this Section 8.

  • NO ARBITRATION Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!