Arbitration. Except where otherwise provided for in the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contract.
Appears in 10 contracts
Samples: Tender Document, Tender Agreement, Tender Document
Arbitration. (a) Except where otherwise provided for as contemplated by Section 9(d) or Section 11(c) hereof, any dispute or controversy arising under or in connection with this Agreement that cannot be mutually resolved by the Contractparties to this Agreement and their respective advisors and representatives shall be settled exclusively by arbitration in Southfield, all questions Michigan, before one arbitrator of exemplary qualifications and disputes relating stature, who shall be selected jointly by the Company and Executive, or if the parties cannot agree on the selection of the arbitrator, who shall be selected pursuant to the meaning procedures of the specificationsAmerican Arbitration Association, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, such arbitration shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator conducted in accordance with the terms Employment Dispute Resolution Rules of the Contract. Such person American Arbitration Association then in effect.
(b) The parties agree to use their best efforts to (i) appoint (or, if applicable, cause the American Arbitration Association to appoint) the arbitrator within thirty (30) days of the date that a party hereto notifies the other party that a dispute or controversy exists that necessitates the appointment of an arbitrator, and (ii) cause any arbitration hearing to be held within thirty (30) days of the date of selection of the arbitrator, and, as a condition to his or her selection, such arbitrator must consent to be available for a hearing, at such time.
(c) Judgment may be entered on the arbitrator’s award in any court having jurisdiction, provided that Executive shall be entitled to proceed seek specific performance of Executive’s right to be paid and to participate in benefit programs during the pendency of any dispute or controversy arising under or in connection with this Agreement. The Company and Executive hereby agree that the reference from arbitrator shall be empowered to enter an equitable decree mandating specific performance of the stage at which his predecessor left it. It is also a terms of this Contract that no person other than Agreement. If any dispute under this Section 11 shall be pending, Executive shall continue to receive at a person appointed by such Chairman & Managing Director, as aforesaid should minimum the base salary which Executive was receiving immediately prior to the act as arbitrator and if or omission which forms the basis for any reason, that is not possible, the matter is not to be referred to arbitration at alldispute. In all cases where At the amount close of the claim in dispute arbitration, such continued base salary payments may be offset against any damages awarded to Executive or may be recovered from Executive if it is Rs. 50,000/-(Rupees Fifty Thousand) and above, determined that Executive was not entitled to the arbitrator shall give reasons for continued payment of base salary under the award. Subject as aforesaid, the other provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractAgreement.
Appears in 10 contracts
Samples: Employment Agreement (Lear Corp), Employment Agreement, Employment Agreement (Lear Corp)
Arbitration. Except where otherwise provided for in the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way Any controversy arising out of or relating in connection with this Agreement or the breach or validity thereof (a “Dispute”) shall first be resolved through good faith negotiation by the parties, with the claiming party providing written notice of the Dispute (the “Notice of Dispute”) to the Contractother party, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning which notice shall describe in sufficient detail the works, or the execution or failure to execute the same, whether arising during the progress nature of the work or Dispute. If the Dispute is not resolved between the parties within thirty (30) Business Days after the completion or abandonment thereofclaiming party delivers the Notice of Dispute (provided that such thirty (30)-Business Day period may be extended upon agreement of the parties), then, at the election of either party, the Dispute shall be referred to the sole finally settled as follows:
(a) The arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed shall be conducted by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as a single (1) arbitrator in accordance with the terms Commercial Arbitration Rules of the ContractAmerican Arbitration Association (“AAA”) in effect at the time of the arbitration, except as they may be modified herein or by mutual agreement of the parties. Such person The seat of the arbitration shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing DirectorNew York, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty ThousandNew York.
(b) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed selected by the AAA from its list of qualified arbitrators and shall have no actual or potential conflict of interests in connection with deciding or hearing the Dispute.
(c) The arbitration shall be conducted in an expedited manner. There shall be one round of prehearing submissions by each party, whether simultaneous or sequential as directed by the tribunal, and no reply or rejoinder submissions shall be made unless the tribunal expressly so authorizes. The hearing shall be held within four (4) months of the constitution of the arbitral tribunal and shall continue, to have entered the extent practicable, from Business Day to Business Day until completed. There shall be no post-hearing submissions except as directed by the tribunal, and before ordering such submissions, the tribunal shall identify for the parties, on the reference on the date he issues notice to both the parties fixing the date basis of its assessment of the first case as of that time, the specific issues or matters it believes should be addressed. The tribunal shall endeavor to render its award within six (6) weeks of the last day of the hearing. The venue tribunal may modify this schedule for good cause shown. Failure to comply with any time period set out in this Section 13 shall not affect in any way the jurisdiction of Arbitration the tribunal or the validity of its award.
(d) Any request for production of documents or other information is subject to the express authorization of the tribunal, which shall endeavor to ensure that any such requests are as limited and disciplined as is consistent with the just resolution of the dispute. The parties expressly waive any right to seek evidence under 9 U.S.C. § 7 or any similar provision. A party may request, and the tribunal should authorize, production only of specific documents or narrow and specific categories of documents that are critical to the fair presentation of a party’s case and reasonably believed to exist and be in the possession, custody or control of the other party.
(e) The parties agree that the arbitration shall be such place kept confidential and that the existence of the proceeding and any element of it (including any pleadings, briefs or other documents submitted or exchanged, any testimony or other oral submissions and any awards) shall not be disclosed beyond the arbitral tribunal, the AAA, the parties, their counsel, accountants and auditors, insurers and re-insurers or any person necessary to the conduct of the proceeding. These confidentiality obligations shall not apply (i) if disclosure is required by law or regulatory obligations or in judicial or administrative proceedings or as necessary for tax purposes (including in connection with an audit or other examination relating to taxes) or (ii) as far as disclosure is necessary to enforce the rights arising out of the award.
(f) For the avoidance of doubt, the tribunal may grant specific performance or injunctive relief where authorized under this Agreement or applicable law. The tribunal shall have the authority to make orders for interim relief necessary to preserve a party’s rights, including preliminary injunctive relief. The parties agree that any ruling by the tribunal on interim measures shall be deemed to be a final award with respect to the subject matter of the ruling and shall be fully enforceable as such. Each party hereby acknowledges that money damages may be fixed an inadequate remedy for a breach or anticipated breach of this Agreement because of the difficulty of ascertaining the amount of damage that will be suffered in the event that this Agreement is breached. Therefore, in the event of a breach or anticipated breach of this Agreement by the Arbitratorother party or its Affiliates, and notwithstanding anything to the contrary contained herein, each party may, in his sole discretionaddition to any other remedies available to it, seek an injunction to prohibit such breach or anticipated breach. Each party acknowledges and agrees that an injunction is a proper, but not exclusive, remedy available to each party and that the harm from any breach or anticipated breach of the covenants set forth in this Agreement would be irreparable and immediate.
(g) Notwithstanding Section 11 of this Agreement, the agreement to arbitrate set forth in this Section 13 and any arbitration conducted hereunder shall be governed by Title 9 (Arbitration) of the United States Code.
(h) The parties submit to the non-exclusive jurisdiction of the federal and state courts located within the County of New York, State of New York, as well as all appellate courts having jurisdiction over appeals from any of the foregoing, for the limited purpose of: (i) an application to compel arbitration or to resolve any dispute concerning the validity or effectiveness of this agreement to arbitrate; or (ii) an application for relief in aid of arbitration or enforcement of an arbitration award (including an application for a restraining order and/or injunction to preserve the party’s rights). A request to a court for any of the foregoing remedies shall not be deemed incompatible with or a waiver of any party’s right to arbitrate. Each party hereby waives any requirement for the securing or posting of any bond in connection with such remedy.
(i) The costs of administration of the arbitration and any arbitrator’s fees shall be borne equally by the parties, unless the arbitrator determines that such costs or a part thereof shall otherwise be borne by the parties.
(j) The award shall be in writing and shall be final and binding on the parties. Judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets.
(k) Notwithstanding the foregoing provisions, without having to amend this Agreement pursuant to Section 26, the parties may by written agreement: (i) vary the procedures set forth above in Sections 13(a)-(j) or (ii) otherwise utilize another form of dispute resolution to address any Dispute in lieu of the Arbitrator arrangement described in this Section 13. For the avoidance of doubt, if a dispute, controversy or claim relates to the issue or question of whether a party has breached its obligations under Section 22, such dispute, controversy or claim shall be final, conclusive deemed to be a “Dispute” hereunder and binding all be subject to the parties to provisions of this ContractSection 13.
Appears in 10 contracts
Samples: Master Sma Agreement (SAFG Retirement Services, Inc.), Master Sma Agreement (SAFG Retirement Services, Inc.), Master Sma Agreement (SAFG Retirement Services, Inc.)
Arbitration. Except where otherwise provided for To the extent permitted by law and excepting matters appropriately handled in the Contractsmall claims court, all questions you and disputes BECU agree that any dispute relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way to your Account will be resolved by arbitration as discussed below, and not through litigation in any court. This arbitration agreement is entered into pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”). Any claim or dispute relating in any way to your Account, even after your Account is terminated or closed, will be resolved by arbitration, rather than in court. Any claims or disputes arising out of from or relating to the Contractthis Account Agreement, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksany prior agreement between us relating to your Account, or the execution advertising, the application for, or failure the approval or establishment of your Account are also included. Claims are subject to execute arbitration, regardless of what theory they are based on or whether they seek legal or equitable remedies. A claim includes disputes about the samevalidity, enforceability, or scope of this Arbitration section. You and BECU agree that any issues as to arbitrability are delegated for resolution by the arbitrator. Arbitration applies to any and all such claims or disputes, whether arising during they arose in the progress of past, may currently exist, or may arise in the work future. The following claims or after the completion or abandonment thereofdisputes, shall even if otherwise encompassed by this Arbitration section, will not be referred subject to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limitedarbitration:
1. Claims asserted in small claims courts, Jaduguda and if the Chairman claims qualify for such adjudication, remain in small claims court, and Managing Director is unable proceed on an individual (not class or unwilling representative) basis;
2. Claims or disputes associated with BECU’s enforcement of any loan agreement, such as a foreclosure action or debt collection lawsuit;
3. Claims associated with any credit or loan products you may have with BECU, including a BECU credit card or personal loan. See your agreements with BECU associated with these products for further details;
4. Claims that applicable law provides cannot be subject to act to the sole arbitration, such as a covered transaction under the Military Lending Act if you are on active duty military service or a spouse or dependent of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed who is on active duty military service, or a dispute arising from a consumer credit transaction secured by such Chairman & Managing Directora dwelling, as aforesaid should act as arbitrator like a mortgage or HELOC; or
5. Collections claims made by BECU related to any charged-off Account. CLASS ACTIONS AND REPRESENTATIVE ACTIONS
1. SEEK TO PROCEED ON ANY CLAIM IN ARBITRATION AS A CLASS CLAIM OR CLASS ACTION OR OTHER COMPARABLE REPRESENTATIVE PROCEEDING;
2. SEEK TO CONSOLIDATE IN ARBITRATION ANY CLAIMS INVOLVING SEPARATE CLAIMANTS (EXCEPT FOR CLAIMANTS WHO ARE JOINT ACCOUNT HOLDERS ON THE SAME ACCOUNT), UNLESS ALL PARTIES AGREE;
3. BE PART OF, OR BE REPRESENTED IN, ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE; NOR
4. SEEK ANY AWARD OR REMEDY IN ARBITRATION AGAINST OR ON BEHALF OF ANYONE WHO IS NOT A NAMED PARTY TO THE ARBITRATION. Does arbitration apply to claims and if disputes involving third parties? How does arbitration work? Who will pay for any reason, that is not possible, the matter is not to be referred to costs? How do I file an arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contract.claim?
Appears in 10 contracts
Samples: Trust Account Opening Request, Trust Account Opening Request, Trust Account Opening Request
Arbitration. Except where otherwise provided for in (i) At the Contractrequest of a Party, all questions and disputes relating the arbitrator shall have the discretion to order depositions of witnesses to the meaning extent the arbitrator deems such discovery relevant and appropriate. Depositions shall be limited to a maximum of three (3) per Party and shall be held within thirty (30) days of the specifications, designs, drawings and instructions herein before mentioned and as to making of a request. Additional depositions may be scheduled only with the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress permission of the work or after the completion or abandonment thereofarbitrator, and for good cause shown. Each deposition shall be referred limited to the sole arbitration a maximum of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed six (6) hours duration unless otherwise permitted by the Chairman & Managing Director, willing to act as such arbitratorarbitrator for good cause shown. There will be no objection if All objections are reserved for the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda Arbitration hearing except for objections based on privilege and that he had to deal with the matters to which the Contract relates proprietary and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or differenceconfidential information. The arbitrator shall also have discretion to whom order the matter is originally referred being transferred Parties to exchange relevant documents. The arbitrator shall also have discretion to order the Parties to answer interrogatories, upon good cause shown.
(ii) The arbitrator, once chosen, shall consider any transaction tapes or vacating any other evidence which the arbitrator deems necessary, as presented by each Party. In deciding the award, the provisions of this Agreement will be binding on the arbitrator. The arbitrator will deliver his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at her decision in writing within 30 days after the transfer, vacation conclusion of the office Arbitration hearing. The arbitrator shall specify the basis for his or her decision, the basis for the damages award and a breakdown of inability the damages awarded, and the basis of any other remedy. Except as provided in the Federal Arbitration Act, the decision of the arbitrator will be binding on and non-appealable by the Parties. Each Party agrees that any arbitration award against it may be enforced in any court of competent jurisdiction and that any Party may authorize any such court to act, enter judgment on the arbitrator’s decision.
(iii) The arbitrator shall appoint another person have no authority to act as arbitrator award punitive or exemplary damages or any other damages other than direct and actual damages.
(iv) Any expenses incurred in accordance connection with hiring the arbitrators and performing the Arbitration shall be shared and paid equally between the Parties. Each Party shall bear and pay its own expenses incurred by each in connection with the terms of Arbitration, unless otherwise included in a solution chosen by the ContractArbitration panel. Such person In the event either Party must file a court action to enforce an arbitration award under this Article, the prevailing Party shall be entitled to proceed with recover its court costs and reasonable attorney fees.
(v) In the reference from event the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for Parties choose to litigate any reason, that is not possiblematter hereunder, the matter is not Parties hereby waive the right to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousandjury trial.
(vi) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place Except as may be fixed required by Applicable Law, the Arbitratorexistence, in his sole discretion. The award contents or results of any Arbitration hereunder may not be disclosed by a Party or the Arbitrator shall be final, conclusive and binding all arbitrator without the parties to this Contractprior written consent of both Parties.
Appears in 10 contracts
Samples: Demand Response Auction Mechanism Resource Purchase Agreement, Demand Response Auction Mechanism Resource Purchase Agreement, Demand Response Auction Mechanism Resource Purchase Agreement
Arbitration. Except where otherwise provided for in To the Contractfullest extent allowed by law, all questions any controversy, claim or dispute between Employee and disputes Employer (and/or any of its owners, directors, officers, employees, affiliates, subsidiaries or agents) relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, Employee’s employment or the execution or failure cessation of that employment will be submitted to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda JAMS for final and if the Chairman and Managing Director is unable or unwilling to act to the sole binding arbitration, of some other person appointed by the Chairman & Managing Directorto be held in Orange County, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India LimitedCalifornia, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator determination in accordance with the terms then current JAMS rules for the resolution of employment disputes, as the exclusive remedy for such controversy, claim or dispute. In any such arbitration, the parties may conduct discovery in accordance with the applicable rules of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract arbitration forum, except that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for have the award. Subject authority to order and permit discovery as aforesaid, the provisions of the Arbitration Act, 1940 arbitrator may deem necessary and appropriate in accordance with applicable state or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitrationfederal discovery statutes. The arbitrator shall issue a reasoned, written decision, and shall have full authority to award all remedies which would be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearingavailable in court. The venue of Arbitration shall arbitrator will also have the power to direct that the party that substantially prevails in such arbitration proceeding be such place as may be fixed paid his or its reasonable attorneys’ fees by the Arbitratorother party or parties, in his sole discretionto the extent the arbitrator deems appropriate. The parties shall share the filing fees required for the arbitration. Employer shall pay the arbitrator’s fees and any JAMS administrative expenses. The award of the Arbitrator arbitrator shall be final, conclusive final and binding all upon the parties and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding anything to the contrary contained herein, Employer and Employee shall have their respective rights to seek and obtain injunctive relief through any court of competent jurisdiction with respect to any controversy, claim or dispute to the extent permitted by law if such relief is not available, or not available in a timely manner, through arbitration. Claims where mandatory arbitration is prohibited by law are not covered by this Contractarbitration agreement, and such claims may be presented by either Employee or Employer to the appropriate court or government agency. BY AGREEING TO THIS BINDING ARBITRATION PROVISION, BOTH EMPLOYEE AND EMPLOYER GIVE UP ALL RIGHTS TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM SUBJECT TO ARBITRATION. This arbitration agreement is to be construed as broadly as is permissible under applicable law.
Appears in 10 contracts
Samples: Non Competition, Non Disclosure and Intellectual Property Assignment Agreement, Non Competition, Non Disclosure and Intellectual Property Assignment Agreement (Biosite Inc), Non Competition, Non Disclosure and Intellectual Property Assignment Agreement (Biosite Inc)
Arbitration. Except where otherwise provided for in the Contract, all questions and disputes relating Subject to the meaning right of the specificationseach party to seek specific performance (which right shall not be subject to arbitration), designs, drawings and instructions herein before mentioned and as to the quality if a dispute arises out of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever is in any way arising out of or relating related to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, this Agreement or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment asserted breach thereof, such dispute shall be referred to arbitration before the sole American Arbitration Association the (“AAA”) pursuant to the AAA’s National Rules for the Resolution of Employment Disputes (the “Arbitration Rules”). A dispute subject to the provisions of this Section 15 will exist if either party notifies the other party in writing that a dispute subject to arbitration exists and states, with reasonable specificity, the issue subject to arbitration (the “Arbitration Notice”). The parties agree that, after the issuance of the Chairman & Managing Director of Uranium Corporation of India LimitedArbitration Notice, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to parties will try in good faith between the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any date of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation issuance of the office of inability Arbitration Notice and the date the dispute is set for arbitration to act, shall appoint another person to act as arbitrator resolve the dispute by mediation in accordance with the terms Arbitration Rules. If the dispute is not resolved by the date set for arbitration, then any controversy or claim arising out of this Agreement or the Contract. Such person asserted breach hereof shall be entitled resolved by binding arbitration and judgment upon any award rendered by arbitrator(s) may be entered in a court having jurisdiction. In the event any claim or dispute involves an amount in excess of $100,000, either party may request that the matter be heard and resolved by a single arbitrator. The arbitrator shall have the same power to proceed with compel the reference from attendance of witnesses and to order the stage at which his predecessor left itproduction of documents or other materials and to enforce discovery as could be exercised by a United States District Court judge sitting in Chenango County, New York. It is also In the event of any arbitration, each party shall have a terms reasonable right to conduct discovery to the same extent permitted by the Federal Rules of this Contract Civil Procedure, provided that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, discovery shall be concluded within ninety (90) days after the date the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons set for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator or arbitrators shall have the power to award reasonable attorneys’ fees to the prevailing party. Any provisions in this Agreement to the contrary notwithstanding, this Section 15 shall be deemed to governed by the Federal Arbitration Act, and the parties have entered on the reference on the date he issues notice into this Agreement pursuant to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractact.
Appears in 9 contracts
Samples: Employment Agreement (NBT Bancorp Inc), Employment Agreement (NBT Bancorp Inc), Employment Agreement (NBT Bancorp Inc)
Arbitration. Except where otherwise as provided for in the Contractsubsection (h) of this Section 12, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall Dispute must be referred to the sole resolved by binding arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also following:
(a) A Party may begin arbitration by filing a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect accordance with the Arbitration Rules and concurrently Notifying the other Party of that demand. If the Parties are unable to agree upon a panel of three arbitrators within ten days after the demand for arbitration was filed (and do not agree to an extension of that ten-day period), either Party may request the Dallas office of the American Arbitration Association to appoint the arbitrator or arbitrators necessary to complete the panel in accordance with the Arbitration Rules. Each arbitrator so appointed shall be deemed accepted by the Parties as part of the panel.
(b) The arbitration shall be conducted in the Dallas-Fort Worth, Texas metropolitan area at a place and time agreed upon by the Parties with the panel, or if the Parties cannot agree, as designated by the panel. The panel may, however, call and conduct hearings and meetings at such other places as the Parties may agree or as the panel may, on the motion of one Party, determine to be necessary to obtain significant testimony or evidence.
(c) The panel may authorize any claim(s) in writing within 90 days and all forms of receiving the intimation from the Corporation discovery upon a Party’s showing of need that the bill requested discovery is ready for acceptance likely to lead to material evidence needed to resolve the Dispute and is not excessive in scope, timing, or cost.
(d) The arbitration shall be subject to the Federal Arbitration Act and conducted in accordance with the Arbitration Rules to the extent that they do not conflict with this Section 12. The Parties and the panel may, however, agree to vary to provisions of this Section 12 or the matters otherwise governed by the Arbitration Rules.
(e) The arbitration hearing shall be held within 30 days after the appointment of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company panel. The panel’s final decision or award shall be discharged and released of all liabilities under made within 30 days after the Contract in respect of these claimshearing. The arbitrator(s) may from time to time with That final decision or award shall be made by unanimous or majority vote or consent of the parties enlarge arbitrators constituting the timepanel, for making and publishing shall be deemed issued at the awardplace of arbitration. The panel’s final decision or award shall be based on this Agreement and applicable law; the panel may not act according to equity and conscience or apply the law merchant.
(f) The panel’s final decision or award may include injunctive relief in response to any actual or impending breach of this Agreement or any other actual or impending action or omission of a Party under or in connection with this Agreement.
(g) The panel’s final decision or award shall be final and binding upon the Parties, and judgment upon that decision or award may be entered in any court having jurisdiction. The Parties waive any right to apply or appeal to any court for relief from the preceding sentence or from any decision of the Engineer-in-charge regarding panel made before the quantum final decision or award.
(h) Nothing in this Section 12 limits the right of reduction as well as justification thereof either Party to apply to a court having jurisdiction to (i) enforce the agreement to arbitrate in respect of rates for substandard workaccordance with this Section 12, which may be decided (ii) seek provisional or temporary injunctive relief, in response to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date an actual or impending breach of the first hearingAgreement or otherwise so as to avoid a irrevocable damage or maintain the status quo, until a final arbitration decision or award is rendered or the Dispute is otherwise resolved, or (iii) challenge or vacate any final arbitration decision or award that does not comply with this Section 12. The venue of Arbitration shall be such place as may be fixed In addition, nothing in this Section 12 prohibits the Parties from resolving any Dispute (in whole or in part) by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractagreement.
Appears in 9 contracts
Samples: Change in Control Executive Severance Agreement (Ace Cash Express Inc/Tx), Change in Control Executive Severance Agreement (Ace Cash Express Inc/Tx), Change in Control Executive Severance Agreement (Ace Cash Express Inc/Tx)
Arbitration. Except where with respect to disputes and claims under Section 7, Section 8, or Section 9 (which the parties hereto may pursue in any court of competent jurisdiction as provided in this Agreement and with respect to which each party shall bear the cost of its own attorneys’ fees and expenses, except to the extent otherwise provided for required by applicable law), each party hereto agrees that arbitration pursuant to the procedures set forth in the Contract, all questions and disputes relating to National Rules for the meaning Resolution of Employment Disputes of the specifications, designs, drawings American Arbitration Association (the “AAA Rules”) shall be the sole and instructions herein before mentioned and as to the quality of workmanship exclusive method for resolving any claim or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way dispute (“Claim”) arising out of or relating to the Contractrights and obligations of the parties under this Agreement and the employment of Executive by the Company and its Subsidiaries (including, designswithout limitation, drawingsclaims and disputes regarding employment discrimination, specificationssexual harassment and wrongful termination), estimates, instructions, orders or these conditions or otherwise concerning the works, whether such Claim arose or the execution or failure facts on which such Claim is based occurred prior to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, execution and delivery of this Agreement. The parties hereto agree that (i) one arbitrator shall be referred appointed pursuant to the sole arbitration AAA Rules to conduct any such arbitration, (ii) all meetings of the Chairman & Managing Director of Uranium Corporation of India Limitedparties and all hearings with respect to any such arbitration shall take place in Michigan, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act (iii) each party to the sole arbitrationarbitration shall bear its own costs and expenses (including, without limitation, all attorneys’ fees and expenses, except to the extent otherwise required by applicable law), and (iv) all costs and expenses of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause(such as filing fees, the arbitrator’s fees, hearing expenses, etc.) shall be borne equally by the parties hereto. It is a term of the Contract The parties agree that the party invoking arbitration shall specify the dispute judgment, award or disputes to be referred to other determination of any arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator AAA Rules shall be final, conclusive and binding on all of the parties hereto. Nothing in this Section 29 shall prohibit any party hereto from instituting litigation to this Contractenforce any final judgment, award or determination of the arbitration. Each party hereto further agrees that each other party hereto may initiate litigation in any court of competent jurisdiction to execute any judicial judgment enforcing or not enforcing any award, judgment or determination of the arbitration.
Appears in 8 contracts
Samples: Employment Agreement, Employment Agreement, Employment Agreement (Metaldyne Performance Group Inc.)
Arbitration. Except where otherwise provided for in the ContractEmployer and Employee agree that, all questions and disputes relating to the meaning of the specifications, designs, drawings extent permitted by law and instructions herein before mentioned and as to the quality extent that the enforceability of workmanship this Agreement is not thereby impaired, any and all disputes, controversies or materials used on claims between Employee and Employer, except disputes concerning the work use or as to any other questiondisclosure of trade secrets, claimproprietary and/or confidential information, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereofunder Section 12 hereof, shall be referred to the sole determined exclusively by final and binding arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course County of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasonsSan Francisco, such Chairman & Managing Director as aforesaid at the transferCalifornia, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms employment rules of the ContractAmerican Arbitration Association then in effect. Such person The controversy or claim shall be entitled submitted to proceed with three arbitrators, one of whom shall be chosen by Employer, one of whom shall be chosen by Employee, and the reference from third of whom shall be chosen by the stage at which his predecessor left two arbitrators so selected. The party desiring arbitration shall give written notice to the other party of its desire to arbitrate the particular matter in question, naming the arbitrator selected by it. It is also If the other party shall fail within a terms period of this Contract that no person other than a person appointed 15 days after such notice shall have been given to reply in writing naming the arbitrator selected by such Chairman & Managing Directorit, as aforesaid should act as arbitrator and if then the party not in default may apply to the American Arbitration Association for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount appointment of the claim in dispute is Rssecond arbitrator. 50,000/-(Rupees Fifty Thousand) and aboveIf the two arbitrators chosen as above shall fail within 15 days after their selection to agree upon a third arbitrator, then either party may apply to the arbitrator shall give reasons American Arbitration Association for the awardappointment of an arbitrator to fill the place so remaining vacant. Subject as aforesaid, Employer shall pay the provisions fees of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the awardarbitrators so selected. The decision of any two of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will arbitrators shall be final and would not binding upon the parties hereto and shall be open delivered in writing signed in triplicate by the concurring arbitrators to arbitrationeach of the parties hereto. The arbitrator parties agree that both parties will be allowed to engage in adequate discovery consistent with the nature of the claims in dispute. The arbitrators shall have the authority to entertain a motion to dismiss and/or a motion for summary judgment by any party and shall apply the standards governing such motions under the Federal Rules of Civil Procedure. The arbitrators shall have discretion to award monetary and other damages, or no damages, and to fashion such other relief as the arbitrators deem appropriate. The arbitrators also shall have discretion to award the prevailing party reasonable costs and attorneys’ fees incurred in bringing or defending an action under this Section 18, as permitted by applicable law. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction. Nothing in this Section 18 shall limit the Employer’s ability to seek injunctive relief for any violation of Employee’s obligations concerning nondisclosure, loyalty and nonsolicitation as set forth in Section 12 hereof. Any such injunctive relief proceeding shall be deemed without prejudice to any rights Employer or Employee may have entered on the reference on the date he issues notice under this Agreement to both the parties fixing the date of the first hearing. The venue of Arbitration shall be obtain relief in arbitration with respect to such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractmatters.
Appears in 8 contracts
Samples: Employment Agreement (Willis Lease Finance Corp), Employment Agreement (Willis Lease Finance Corp), Employment Agreement (Willis Lease Finance Corp)
Arbitration. (a) Except where otherwise provided for as contemplated by Section 9(d) or Section 11(c) hereof, any dispute or controversy arising under or in connection with this Agreement that cannot be mutually resolved by the Contractparties to this Agreement and their respective advisors and representatives shall be settled exclusively by arbitration in Southfield, all questions Michigan, before one arbitrator of exemplary qualifications and disputes relating stature, who shall be selected jointly by an individual to be designated by the Company and an individual to be selected by Executive, or if such two individuals cannot agree on the selection of the arbitrator, who shall be selected pursuant to the meaning procedures of the specificationsAmerican Arbitration Association, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, such arbitration shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator conducted in accordance with the terms Employment Dispute Resolution Rules of the Contract. Such person American Arbitration Association then in effect.
(b) The parties agree to use their best efforts to cause (i) the two individuals set forth in the preceding Section 11(a), or, if applicable, the American Arbitration Association, to appoint the arbitrator within thirty (30) days of the date that a party hereto notifies the other party that a dispute or controversy exists that necessitates the appointment of an arbitrator, and (ii) any arbitration hearing to be held within thirty (30) days of the date of selection of the arbitrator, and, as a condition to his or her selection, such arbitrator must consent to be available for a hearing, at such time.
(c) Judgment may be entered on the arbitrator’s award in any court having jurisdiction, provided that Executive shall be entitled to proceed seek specific performance of Executive’s right to be paid and to participate in benefit programs during the pendency of any dispute or controversy arising under or in connection with this Agreement. The Company and Executive hereby agree that the reference from arbitrator shall be empowered to enter an equitable decree mandating specific performance of the stage at which his predecessor left it. It is also a terms of this Contract that no person other than Agreement. If any dispute under this Section 11 shall be pending, Executive shall continue to receive at a person appointed by such Chairman & Managing Director, as aforesaid should minimum the base salary which Executive was receiving immediately prior to the act as arbitrator and if or omission which forms the basis for any reason, that is not possible, the matter is not to be referred to arbitration at alldispute. In all cases where At the amount close of the claim in dispute arbitration, such continued base salary payments may be offset against any damages awarded to Executive or may be recovered from Executive if it is Rs. 50,000/-(Rupees Fifty Thousand) and above, determined that Executive was not entitled to the arbitrator shall give reasons for continued payment of base salary under the award. Subject as aforesaid, the other provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractAgreement.
Appears in 8 contracts
Samples: Employment Agreement (Lear Corp), Employment Agreement (Lear Corp), Employment Agreement (Lear Corp)
Arbitration. Except where otherwise provided for (a) Any dispute, claim or controversy arising under or in the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, connection with this Agreement or the execution Executive’s employment hereunder or failure to execute the sametermination thereof, whether arising during the progress of the work or after the completion or abandonment thereofother than injunctive relief under Section 9 hereof, shall be referred to the sole settled exclusively by arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed administered by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if American Arbitration Association (the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda “AAA”) and that he had to deal with the matters to which the Contract relates and that carried out in the course State of his duties as such he had expressed views on all or any of the matters in dispute or differenceNew York. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, arbitration shall appoint another person to act as arbitrator be conducted in accordance with the terms AAA rules governing commercial arbitration in effect at the time of the Contractarbitration, except as modified herein. Such person There shall be entitled three arbitrators, one of whom shall be nominated by the Company and one who shall be nominated by the Executive within thirty (30) days of receipt by respondent of the demand for arbitration, and the third arbitrator, who shall chair the arbitral tribunal, shall be nominated by the party nominated arbitrators within thirty (30) days of the nomination of the second arbitrator. If any arbitrator is not appointed within the time limit provided herein, upon request of any party to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person arbitration, such arbitrator shall be appointed by the AAA within fifteen (15) days of receiving such Chairman & Managing Directorrequest.
(b) The arbitration shall commence within forty-five (45) days after the appointment of the third arbitrator; the arbitration shall be completed within sixty (60) days of commencement; and the arbitrators’ award shall be made within thirty (30) days following such completion. The parties may agree to extend the time limits specified in the foregoing sentence.
(c) The arbitral tribunal may award any form of relief permitted under this Agreement and applicable law, as aforesaid should act as arbitrator including damages and if for any reasontemporary or permanent injunctive relief, except that the arbitral tribunal is not possibleempowered to award damages in excess of compensatory damages, and each party hereby irrevocably waives any right to recover punitive, exemplary or similar damages with respect to any dispute. The award shall be in writing and shall state the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s.
(d) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of rendered by the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will arbitral tribunal shall be final and would not be open to arbitration. The arbitrator shall be deemed to have entered binding on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractAgreement. Judgment may be entered in any court of competent jurisdiction. The parties hereto waive, to the fullest extent permitted by law, any rights to appeal to, or to seek review of such award by, any court. The parties hereto further agree to obtain the arbitral tribunal’s agreement to preserve the confidentiality of the arbitration.
Appears in 8 contracts
Samples: Employment Agreement (Overseas Shipholding Group Inc), Employment Agreement (Overseas Shipholding Group Inc), Employment Agreement (Overseas Shipholding Group Inc)
Arbitration. Except where otherwise provided for To aid in the Contract, all questions rapid and economical resolution of any disputes relating to that may arise in the meaning course of the specificationsemployment relationship, designsExecutive and the Company agree that any and all disputes, drawings and instructions herein before mentioned and as to the quality of workmanship claims, or materials used on the work or as to any other question, claim, right, matter or thing whatsoever demands in any way arising out of or relating to the Contractterms of this Agreement, designsCompany equity held by Executive, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning Executive’s employment relationship with the worksCompany, or the execution termination of Executive’s employment or failure to execute service relationship with the same, whether arising during the progress of the work or after the completion or abandonment thereofCompany, shall be referred resolved, to the sole fullest extent permitted by law, by final, binding and confidential arbitration of the Chairman & Managing Director of Uranium Corporation of India Limitedin Salt Lake City, Jaduguda Utah, conducted before a single neutral arbitrator selected and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator administered in accordance with the terms employment arbitration rules & procedures or then applicable equivalent rules of JAMS, Inc. (the “JAMS Rules”) and the Federal Arbitration Act, 9 U.S.C. Sec. 1, et seq. A copy of the ContractJAMS rules may be found on the JAMS website at xxx.xxxxxxx.xxx and will be provided to Executive by the Company upon request. Such person BY AGREEING TO THIS ARBITRATION PROCEDURE, EXECUTIVE AND THE COMPANY WAIVE THE RIGHT TO RESOLVE ANY SUCH DISPUTE, CLAIM OR DEMAND THROUGH A TRIAL BY JURY OR JUDGE OR BY ADMINISTRATIVE PROCEEDING IN ANY JURISDICTION. Executive will have the right to be represented by legal counsel at any arbitration proceeding, at Executive’s expense. The arbitrator shall: (a) have the authority to compel adequate discovery for the resolution of the dispute and to award such relief as would otherwise be available under applicable law in a court proceeding and (b) issue a written statement signed by the arbitrator regarding the disposition of each claim and the relief, if any, awarded as to each claim, the reasons for the award, and the arbitrator’s essential findings and conclusions on which the award is based. The parties agree that the prevailing party in any arbitration shall be entitled to proceed injunctive relief in any court of competent jurisdiction to enforce the arbitration award. This Section 11(i) is intended to be the exclusive method for resolving any and all claims by the parties against each other for payment of damages under this Agreement or relating to Executive’s employment; provided, however, that Executive shall retain the right to file administrative charges with or seek relief through any government agency of competent jurisdiction, and to participate in any government investigation, including but not limited to (i) claims for workers’ compensation, state disability insurance or unemployment insurance; (ii) claims for unpaid wages or waiting time penalties brought before any governmental agency; provided, however, that any appeal from an award or from denial of an award of wages and/or waiting time penalties shall be arbitrated pursuant to the reference from the stage at which his predecessor left it. It is also a terms of this Contract Agreement; and (iii) claims for administrative relief from the United States Equal Employment Opportunity Commission and/or the any similar agency in any applicable jurisdiction; provided, further, that no person Executive shall not be entitled to obtain any monetary relief through such agencies other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that workers’ compensation benefits or unemployment insurance benefits. Nothing in this Agreement is not possible, intended to prevent either Executive or the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 Company from obtaining injunctive relief (or any statutory modification or re-enactment thereof other provisional remedy) in any court of competent jurisdiction pursuant to applicable law to prevent irreparable harm (including, without limitation, pending the conclusion of any arbitration). The Company shall pay the arbitrator’s fees, arbitration expenses and the rules made there under and for the time being in force, shall apply any other costs unique to the arbitration proceeding under this clause. It is a term of (recognizing that each side shall bear its own deposition, witness, expert and attorney’s fees and other expenses to the Contract same extent as if the matter were being heard in court); provided, however, that the party invoking arbitration shall specify arbitrator may award attorney’s fees and costs to the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such disputeprevailing party, except as prohibited by law. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the ContractorTHE EXECUTIVE AND THE COMPANY WAIVE ANY CONSTITUTIONAL OR OTHER RIGHT TO BRING CLAIMS COVERED BY THIS AGREEMENT OTHER THAN IN THEIR INDIVIDUAL CAPACITIES. EXCEPT AS MAY BE PROHIBITED BY LAW, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractTHIS WAIVER INCLUDES THE ABILITY TO ASSERT CLAIMS AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Appears in 8 contracts
Samples: Employment Agreement (Bridge Investment Group Holdings Inc.), Employment Agreement (Bridge Investment Group Holdings Inc.), Employment Agreement (Bridge Investment Group Holdings Inc.)
Arbitration. Except where otherwise provided for Any dispute or controversy arising under or in the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, connection with this Agreement shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole settled exclusively by arbitration, of some other person appointed by the Chairman & Managing Directorconducted before an arbitrator in New York, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India LimitedNew York, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms rules of the ContractAmerican Arbitration Association then in effect. Such person Judgment may be entered on the arbitration award in any court having jurisdiction; provided, however, that the Company or Executive shall be entitled to proceed with seek a restraining order or injunction in any court of competent jurisdiction to prevent any continuation of any violation of the reference from provisions of Section 5, 6 or 7 of the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing DirectorAgreement, as aforesaid should act applicable, and the Company, Parent and Executive hereby consent that such restraining order or injunction may be granted without requiring the Company to post a bond. Only individuals who are (a) lawyers engaged full-time in the practice of law, as arbitrator in-house counsel, as a judge or as a professor of law; and if for any reason, that is not possible, (b) on the matter is not to AAA register of arbitrators shall be referred to arbitration at allselected as an arbitrator. In all cases where the amount Within twenty (20) days of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and aboveconclusion of the arbitration hearing, the arbitrator shall give reasons for prepare written findings of fact and conclusions of law. It is mutually agreed that the awardwritten decision of the arbitrator shall be valid, binding, final and non-appealable; provided however, that the Parties hereto agree that the arbitrator shall not be empowered to award punitive damages against any party to such arbitration. Subject as aforesaid, In the event that an action is brought to enforce the provisions of this Agreement pursuant to this paragraph, (x) if the Arbitration Actarbitrator determines that Executive is the prevailing party in such action, 1940 the Company shall be required to pay the arbitrator’s full fees and expenses (but not the Executive’s legal fees), (y) if the Company (or any statutory modification Parent) prevails in such action, Executive shall be required to pay the arbitrator’s full fees and expenses (but not the Company’s or re-enactment thereof the Parent’s legal fees) and (z) if, in the opinion of the arbitrator deciding such action, there is no prevailing party, each party shall pay his or its own attorney’s fees and expenses and the rules made there under arbitrator’s fees and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor expenses will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed borne equally by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractParties thereto.
Appears in 8 contracts
Samples: Employment Agreement (Nbty Inc), Employment Agreement (Alphabet Holding Company, Inc.), Employment Agreement (Alphabet Holding Company, Inc.)
Arbitration. Except where otherwise provided for If any dispute or controversy arises under or in connection with this Agreement, is not resolved within a commercially reasonable time not to exceed sixty (60) days, then such dispute or controversy shall be settled exclusively by arbitration, conducted before a single neutral arbitrator at a location mutually agreed between the Contract, all questions Company and disputes relating to Executive within the meaning state of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as Company’s headquarters at such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator time in accordance with the terms Employment Arbitration Rules & Procedures of JAMS (“JAMS”) then in effect, in accordance with this Section 13(h), except as otherwise prohibited by any nonwaivable provision of applicable law or regulation. The parties hereby agree that the Contractarbitrator shall construe, interpret and enforce this Agreement in accordance with its express terms, and otherwise in accordance with the governing law as set forth in Section 13(a). Such person Judgment may be entered on the arbitration award in any court having jurisdiction, provided, however, that either Party shall be entitled to proceed with seek a restraining order or injunction in any court of competent jurisdiction to prevent any continuation of any violation of the reference from the stage at which his predecessor left it. It is also a terms provisions of this Contract Agreement and Executive hereby consents that such restraining order or injunction may be granted without requiring the other Party to post a bond. Unless the parties otherwise agree, only individuals who are on the JAMS register of arbitrators shall be selected as an arbitrator. Additionally, except upon showing of cause each party shall have the right to propound no person more than 10 special interrogatories and requests for admission, and to take the deposition of one individual and any expert witness designated by the other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at allparty. In all cases where the amount Within 20 days of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and aboveconclusion of the arbitration hearing, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions prepare written findings of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof fact and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clauseconclusions of law. It is a term of the Contract mutually agreed that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The written decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard workarbitrator shall be valid, which may be decided to be acceptedbinding, will be final and would not enforceable by any court of competent jurisdiction. In the event action is brought pursuant to this Section 13(h), the arbitrator shall have authority to award fees and costs to the prevailing party, in accordance with applicable law. If in the opinion of the arbitrator there is no prevailing party, then each party shall pay its own attorney’s fees and expenses. Both Executive and the Company expressly waive their right to a jury trial. Nothing in this subsection shall be open construed as precluding the bringing of an action for injunctive relief or specific performance as provided in this Agreement. This dispute resolution process and any arbitration hereunder shall be confidential and neither any Party nor the arbitrator shall disclose the existence, contents or results of such process without the prior written consent of all Parties, except where necessary or compelled in a Court to enforce this arbitration provision or an award from such arbitration or otherwise in a legal proceeding. Notwithstanding the foregoing, Executive and the Company each have the right to resolve any issue or dispute over intellectual property rights by Court action instead of arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date Company may also enjoin by Court action any breach of the first hearing. The venue of Arbitration shall be such place Sections 5-6 or 7 as may be fixed permitted by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractSection 8.
Appears in 8 contracts
Samples: Employment Agreement (DENTSPLY SIRONA Inc.), Employment Agreement (DENTSPLY SIRONA Inc.), Employment Agreement (DENTSPLY SIRONA Inc.)
Arbitration. Except where otherwise provided for in 8.01 The parties agree that any dispute or grievance (excluding policy grievances) concerning the Contractinterpretation, application or alleged violation of this Agreement, which has been properly carried through all questions and disputes relating to the meaning steps of the specificationsGrievance Procedure outlined in Article 7 above, designsand has not been settled, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall will be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda HRSDC Federal Mediation and if the Chairman and Managing Director is unable or unwilling Conciliation Service for grievance mediation prior to act being referred to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid a mutually agreed single Arbitrator at the transfer, vacation written request of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent either of the parties enlarge hereto for arbitration unless mutually agreed that mediation is not required. Employees who are required to attend Mediation sessions scheduled by the timeCompany and Union will be reimbursed for actual regular hours work lost. Reimbursement will be calculated based on the employee’s base rate of pay.
8.02 Should the parties be unable to agree upon a single Arbitrator, for making and publishing application will be made to the award. Minister of Labour to appoint an Arbitrator.
8.03 The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive final and binding all upon the parties hereto and any employee affected by it.
8.04 If the Arbitrator finds the grievance to be arbitral, the Arbitrator shall hear and determine the grievance and shall issue a written decision setting out the reasons for the decision and the findings of fact upon which the decision is based and the decision shall be final and binding upon the parties and upon any employee affected by it.
8.05 The Arbitrator shall not have any power or jurisdiction to alter, change, amend or add to or detract from any of the provisions of this ContractAgreement or to substitute any new provisions for any existing provisions or to make any decision inconsistent with the terms of and provisions of this Agreement, nor to deal with any matter not specifically covered by it, nor to deal with any matter not contained in the written grievance filed by the grievor. No matter may be submitted to arbitration which has not been properly carried through all previous steps of the grievance procedure.
8.06 Each of the parties hereto will jointly share the expenses of the Arbitrator.
Appears in 7 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration. Except where otherwise provided for A. Any dispute or controversy arising under or in connection with this Agreement and any claim by Executive that the Contract, all questions and disputes relating Company breached any statutory or common law duty to Executive (including but not limited to the meaning law of tort, contract, and all federal, state or local laws prohibiting employment discrimination because of race, color, religion, sex, national origin, age, veteran's status, or disability) that cannot be mutually resolved by the parties hereto shall be settled exclusively by arbitration in Louisville, Kentucky before one arbitrator of exemplary qualifications and stature, who shall be selected jointly by the Company and the Executive, or, if the Company and the Executive cannot agree on the selection of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereofarbitrator, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed selected by the Chairman & Managing DirectorAmerican Arbitration Association (provided that any arbitrator selected by the American Arbitration Association shall not, willing to act as such arbitrator. There will be no objection if without the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge hereto, be affiliated with the time, for making and publishing Company or the awardExecutive or any of their respective affiliates). Judgment may be entered on the arbitrator's award in any court having jurisdiction. The parties hereby agree that the arbitrator shall be empowered to enter an equitable decree mandating specific enforcement of the terms of this Agreement, or in the event the arbitrator is resolving a dispute over the breach of a statutory or common law duty, the parties agree that the arbitrator shall be empowered to fashion a remedy that would have been available had the matter been litigated in a judicial or administrative proceeding. The Company shall bear all expenses of the arbitrator incurred in any arbitration or any court costs incurred in any court proceeding hereunder and shall promptly reimburse the Executive (within 30 days of invoice) for any related reasonable legal fees and out-of-pocket expenses directly attributable to such arbitration or any court proceeding related to this Agreement; provided that such legal fees are calculated on an hourly, and not on a contingency fee, basis; and, that the Executive shall bear all expenses of the arbitrator and all of his legal fees and out-of-pocket expenses (and reimburse the Company for its portion of such expenses) if the arbitrator or relevant trier-of-fact determines that the Executive's claim or position was frivolous and without reasonable foundation.
B. The parties agree that this requirement to arbitrate shall not apply to any suit by either party seeking an injunction and/or damages for violation of Sections 6 and/or 7 of this Agreement, it being specifically understood that such claims arising under Sections 6 or 7 may be enforced in the first instance in any court having jurisdiction of the parties.
C. If either party appeals the decision of the Engineer-in-charge regarding arbitrator, each party shall bear its own expenses until the quantum outcome of reduction as well as justification thereof in respect of rates for substandard worksuch appeal has been determined, which may be decided to be acceptedwhereupon the prevailing party's expenses, will be final and would not be open to arbitration. The arbitrator including reasonable legal fees, shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed reimbursed promptly by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractother party.
Appears in 7 contracts
Samples: Employment Agreement (Arm Financial Group Inc), Employment Agreement (Arm Financial Group Inc), Employment Agreement (Arm Financial Group Inc)
Arbitration. Except where otherwise The Company and Executive agree that except as provided in Section 14(b) the sole and exclusive method for in the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to resolving any other question, claim, right, matter or thing whatsoever in any way dispute between them arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, this Agreement shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed procedures set forth in respect of each such dispute. It is also this Section, except that nothing in this Section prohibits a term party from seeking preliminary or permanent judicial injunctive relief, or from seeking judicial enforcement of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed selected pursuant to have entered on the reference on the date he issues notice to both the parties fixing the date Rules for Commercial Arbitration of the first American Arbitration Association. The arbitrator shall hold a hearing at which both parties may appear, with or without counsel, and present evidence and argument. Pre-hearing discovery shall be allowed in the discretion of and to the extent deemed appropriate by the arbitrator, and the arbitrator shall have subpoena power. The procedural rules for an arbitration hearing under this Section shall be the rules of the American Arbitration Association for Commercial Arbitration hearings and any rules as the arbitrator may determine. The hearing shall be completed within ninety (90) days after the arbitrator has been selected and the arbitrator shall issue a written decision within sixty (60) days after the close of the hearing. The venue of Arbitration hearing shall be such place as may be fixed by the Arbitratorheld in Grand Rapids, in his sole discretionMichigan. The award of the Arbitrator arbitrator shall be final, conclusive final and binding all and may be enforced by and certified as a judgment of the Circuit Court for Kent County, Michigan or any other court of competent jurisdiction. One-half of the fees and expenses of the arbitrator shall be paid by the Company and one-half by Executive. The attorney fees and expenses incurred by the parties shall be paid by each party. Notwithstanding the foregoing, however, the Company will reimburse the Executive for Executive’s portion of the arbitrator’s fees and expenses, and the Executive’s reasonable attorney fees and expenses incurred in connection with the arbitration proceeding, if the Executive substantially prevails in the arbitration proceeding or, if the Executive prevails in part, then the Company will reimburse a proportionate part of such fees and expenses, with such proportion to represent the approximate portion of such fees and expenses relating to the issues on which the Executive prevailed. The decision as to whether the Executive has substantially prevailed, or prevailed in part, and on the amount to be reimbursed to the Executive under the standards in this ContractSection, will be made by the arbitrator. Reimbursement of attorney fees and expenses called for by this Section must be made within sixty (60) days after receipt by the Company of the arbitrator’s award, but in no event after the last day of the year following that in which the expense being reimbursed was incurred.
Appears in 7 contracts
Samples: Employment Agreement (SpartanNash Co), Employment Agreement (SpartanNash Co), Employment Agreement (SpartanNash Co)
Arbitration. (a) Except where with respect to disputes and claims under ARTICLE VI (which the parties hereto may pursue in any court of competent jurisdiction as specified herein and with respect to which each party shall bear the cost of its own attorneys’ fees and expenses, except to the extent otherwise provided for required by applicable law), each party hereto agrees that arbitration, pursuant to the procedures set forth in the Contract, all questions and disputes relating to National Rules for the meaning Resolution of Employment Disputes of the specificationsAmerican Arbitration Association (“AAA”) as adopted and effective as of June 1, designs1997 or such later version as may then be in effect) (the “AAA Rules”), drawings a copy of which can be found at xxx.xxx.xxx/xxxxxxxxxx, shall be the sole and instructions herein before mentioned and as to the quality of workmanship exclusive method for resolving any claim or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way dispute (“Claim”) arising out of or relating to the Contractrights and obligations of the parties under this Agreement and the employment of Executive by the Company (including any Claim regarding employment discrimination, designssexual harassment, drawingstermination and discharge), specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, whether such Claim arose or the execution or failure facts on which such Claim is based occurred prior to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, execution and delivery of this Agreement.
(b) The parties hereto agree that (i) one arbitrator shall be referred appointed pursuant to the sole arbitration AAA Rules to conduct any such arbitration, (ii) all meetings of the Chairman & Managing Director of Uranium Corporation of India Limitedparties and all hearings with respect to any such arbitration shall take place in Oakland, Jaduguda California and if the Chairman and Managing Director is unable or unwilling to act (iii) each party to the sole arbitrationarbitration shall bear its own costs and expenses (including all attorneys’ fees and expenses, except to the extent otherwise required by applicable law) and all costs and expenses of some other person appointed the arbitration proceeding (such as filing fees, the arbitrator’s fees, hearing expenses, etc.) shall be borne equally by the Chairman & Managing Directorparties hereto; provided, willing to act as such arbitrator. There will be no objection if however, that the arbitrator so appointed shall, in the award, allocate all such costs and expenses against the party who did not prevail.
(c) In addition, the parties hereto agree that (i) the arbitrator shall have no authority to make any decision, judgment, ruling, finding, award or other determination that does not conform to the terms and conditions of this Agreement (as executed and delivered by the parties hereto), (ii) the arbitrator shall have no greater authority to award any relief than a court having proper jurisdiction and (iii) the arbitrator shall have no authority to commit an Error of Law (as defined below) in its decision, judgment, ruling, finding, award or other determination, and on appeal from or motion to vacate or confirm such decision, judgment, ruling, finding, award or other determination, a court having proper jurisdiction may vacate any such decision, judgment, ruling, finding, award or other determination to the extent containing an Error of Law. For purposes of this Agreement, an “Error of Law” means any decision, judgment, ruling, finding, award or other determination that is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal inconsistent with the matters laws governing this Agreement pursuant to which Section 7.06. Any decision, judgment, ruling, finding, award or other determination of the Contract relates arbitrator and that any information disclosed in the course of his duties as such he had expressed views on all or any of arbitration hereunder (collectively, the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person “Arbitration Information”) shall be entitled kept confidential by the parties subject to proceed with the reference Section 7.07(d), and any appeal from the stage at which his predecessor left it. It is also a terms of this Contract that no person or motion to vacate or confirm such decision, judgment, ruling, finding, award or other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company determination shall be discharged and released of all liabilities filed under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed seal if permitted by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractcourt.
Appears in 6 contracts
Samples: Employment Agreement (e.l.f. Beauty, Inc.), Employment Agreement (e.l.f. Beauty, Inc.), Employment Agreement (e.l.f. Beauty, Inc.)
Arbitration. Except where otherwise provided for in To the Contractmaximum extent permitted by law, all questions and disputes relating to the meaning of the specificationsdisputes, designscontroversies, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksclaims, or demands of any kind or nature arising between the execution or failure to execute the sameparties in connection with this Agreement, whether arising during at law or in equity or based upon common law or any federal or state statute, rule, or regulation, that cannot be resolved between the progress of the work or after the completion or abandonment thereofparties through NFM’s internal complaint resolution procedures, shall be referred submitted to binding arbitration by the sole American Arbitration Association; provided, however, that this arbitration requirement shall not apply to any action by either party to obtain injunctive relief to prevent any violation by the other party of the Chairman & Managing Director terms of Uranium Corporation this Agreement, which injunctive action may be brought in any court of India Limitedcompetent jurisdiction. The filing of a claim for injunctive relief shall not allow either party to raise any other claim outside arbitration. Any arbitration commenced hereunder shall be initiated in Boulder, Jaduguda Colorado and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed shall be governed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if AAA National Rules for the arbitrator so appointed is an employee Resolution of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or differenceEmployment Disputes. The arbitration shall occur before a single arbitrator to whom that shall be mutually agreed upon by the matter is originally referred being transferred or vacating his office or being unable to act for any reasonsparties hereto. If the parties cannot agree on a single arbitrator, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, then an arbitrator shall appoint another person to act as arbitrator be selected in accordance with the terms rules of AAA. The arbitration must be filed within six months of the Contractact or omission which gives rise to the claim. Such person Each party shall be entitled to proceed with take any discovery as is permitted by the reference from applicable rules and the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at allarbitrator. In all cases where determining the amount extent of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and abovediscovery, the arbitrator shall give reasons exercise discretion, but shall consider the expense of the desired discovery and the importance of the discovery to a just adjudication. The findings, conclusions, and award rendered in any arbitration shall be binding upon the parties and shall finally determine all questions of fact relating to the dispute. Judgment upon the arbitration award may be entered in the appropriate court, state or federal, having jurisdiction, and each party expressly waives any right to appeal any such judgment rendered by the court. Any party may apply to a court of competent jurisdiction for entry of judgment on the arbitration award. Subject as aforesaidThe costs of the arbitration shall be advanced equally by the parties, however the prevailing party in any arbitration or other legal action brought to enforce or defend the terms of this Agreement shall be entitled, in addition to any other remedies available to such party, to an award of reasonable attorney’s fees and costs. Any party may apply to a court of competent jurisdiction for entry of judgment on the arbitration award. The parties agree that failure to comply with the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and this paragraph shall constitute grounds for the time being dismissal of any suit, action, or proceeding instituted in forceany federal, state, or local court or before any administrative tribunal with respect to any dispute which arises during the period of this Agreement and which is subject to this arbitration agreement. The arbitration provisions of this Agreement are specifically enforceable by each party to the Agreement and shall apply survive the arbitration proceeding under this clause. It is a term termination or expiration of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such disputeAgreement. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractTHE EXECUTIVE UNDERSTANDS THAT THIS AGREEMENT TO ARBITRATE ALL ARBITRABLE DISPUTES MEANS THE EXECUTIVE IS AGREEING TO WAIVE TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY RIGHT THE EXECUTIVE MAY HAVE TO ASK FOR A JURY OR COURT TRIAL IN ANY DISPUTE WITH THE COMPANY.
Appears in 6 contracts
Samples: Employment Agreement (New Frontier Media Inc), Employment Agreement (New Frontier Media Inc), Employment Agreement (New Frontier Media Inc)
Arbitration. Except where otherwise provided for Any dispute or controversy arising under or in connection with this Agreement, Employee’s employment by the Contract, all questions Company or Employee’s compensation and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, benefits shall be referred to the sole settled exclusively by final and binding arbitration of the Chairman & Managing Director of Uranium Corporation of India Limitedin Dover, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed Delaware by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms Comprehensive Rules of the Contract. Such person shall be entitled to proceed with the reference from the stage Judicial Arbitration & Mediation Service, Inc. (“JAMS”) in effect at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open submission to arbitration. The rules can be found at xxxxx://xxx.xxxxxxx.xxx/rules-comprehensive-arbitration/. The following claims are excluded from this arbitration provision: claims arising under the National Labor Relations Act which are brought before the National Labor Relations Board, workers' compensation claims under applicable workers’ compensation laws, Employment Development Department claims, ERISA claims covered by an ERISA plan with a dispute resolution provision, or any other claims that are non-arbitrable under applicable state or federal law. Nothing herein shall prevent Employee from filing and pursuing proceedings before the Department of Fair Employment and Housing, the Division of Labor Standards Enforcement, or the United States Equal Employment Opportunity Commission (although if Employee chooses to pursue a claim following the exhaustion of such remedies, that claim would be subject to the provisions of this Agreement). The statutes of limitations otherwise applicable under law shall apply to all Claims made in arbitration. Judgment may be entered on the arbitrator’s award in any court having jurisdiction. The arbitration shall be conducted in a procedurally fair manner by a mutually agreed upon neutral arbitrator selected in accordance with the applicable JAMS rules (“Rules”) or if none can be mutually agreed upon, then by one arbitrator appointed pursuant to the Rules; the arbitration shall be conducted confidentially in accordance with the Rules unless provided otherwise by applicable law; the arbitration fees shall be paid by the Company; each party shall have the right to conduct reasonable discovery including depositions, requests for production of documents and such other discovery as permitted under the Rules or ordered by the arbitrator; the arbitrator shall have the authority to award any damages authorized by law for the claims presented, including punitive damages; the decision of the arbitrator shall be deemed to have entered final and binding on all parties and shall be the reference on the date he issues notice to both the parties fixing the date exclusive remedy of the first hearing. The venue of Arbitration parties; and the award shall be such place as may be fixed by in writing in accordance with the ArbitratorRules, in his sole discretion. The award of the Arbitrator and shall be final, conclusive subject to judicial enforcement and binding all the parties to this Contractreview in accordance with applicable law.
Appears in 6 contracts
Samples: Employment Agreement (Superior Group of Companies, Inc.), Employment Agreement (Superior Group of Companies, Inc.), Employment Agreement (Superior Group of Companies, Inc.)
Arbitration. Except where otherwise provided for in the Contract, all questions and disputes relating Subject to the meaning exceptions set forth below, Employee agrees that any and all claims or disputes that Employee has with the Company, or any of the specificationsits employees, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising which arise out of Employee’s employment or relating to under the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment terms thereof, shall be referred resolved through final and binding arbitration, as specified herein. This shall include, without limitation, disputes relating to this Agreement, Employee’s employment with the sole arbitration Company or the termination thereof, claims for breach of contract or breach of the Chairman & Managing Director covenant of Uranium Corporation good faith and fair dealing, and any claims of India Limiteddiscrimination or other claims under Title VII of the Civil Rights Act of 1964, Jaduguda the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Employee Retirement Income Securities Act, the Racketeer Influenced and if Corrupt Organizations Act, or any other federal, state or local law or regulation now in existence or hereinafter enacted and as amended from time to time concerning in any way the Chairman subject of Employee’s employment with the Company or its termination. The only claims or disputes not covered by this paragraph are disputes related to (i) claims for benefits under the unemployment insurance or workers’ compensation laws, and Managing Director is unable (ii) issues affecting the validity, infringement or unwilling to act to the sole arbitration, enforceability of some other person appointed any Trade Secret or patent rights held or sought by the Chairman & Managing Director, willing Company or which the Company could otherwise seek; in both of the foregoing cases such claims or disputes shall not be subject to act as such arbitrator. There arbitration and will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limitedresolved pursuant to applicable law. Binding arbitration will be conducted in Denver, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator Colorado in accordance with the terms rules and regulations of the ContractAmerican Arbitration Association (“AAA”), by an arbitrator selected from the AAA Commercial Disputes Panel with a minimum of five years experience in employment law. Such person If, at the time the dispute in question arose, Employee lives and works more than 100 miles from Denver, Colorado, then Employee has the option of requesting the arbitration take place in the county in which the Company has an office that is nearest to Employee’s place of residency. Employee understands and agrees that the arbitration shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms instead of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator any jury trial and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration arbitrator’s decision shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open binding to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed fullest extent permitted by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive law and binding all the parties to this Contractenforceable by any court having jurisdiction thereof.
Appears in 6 contracts
Samples: Employment Agreement (Global Employment Holdings, Inc.), Employment Agreement (Global Employment Holdings, Inc.), Employment Agreement (Global Employment Holdings, Inc.)
Arbitration. Except where otherwise provided for (a) Subject to Sections 11.2 and 11.3, if the Parties fail to resolve their dispute within seven (7) days of the start of the mediation, the Parties will appoint an arbitrator having appropriate experience in the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole biopharmaceutical industry who will conduct an arbitration of the Chairman & Managing Director dispute. If the Parties cannot agree on a mutually acceptable arbitrator within seven (7) days of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling decision to act proceed to the sole arbitration, either Party may apply to a court of some other person appointed by the Chairman & Managing Director, willing competent jurisdiction to act as such arbitrator. There will be no objection if the appoint an qualified arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that having appropriate experience in the course of his duties as such he had expressed views on all or any of the matters in dispute or differencebiopharmaceutical industry. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, arbitration shall appoint another person to act as arbitrator be conducted in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing DirectorArbitration Act, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand1991 (Ontario) and abovethe arbitrator shall also be empowered to hear injunctive proceedings in accordance therewith.
(b) Notwithstanding Section 11.5 below, the arbitrator shall give reasons may include in its award an order as to the payment of the costs of the proceedings and reasonable counsel fees. Any Party ordered to pay costs may avail itself of any procedure for the award. Subject as aforesaidtaxing of costs, provided, however, that the provisions of Parties specifically agreed that the Arbitration Act, 1940 or officer taxing such costs need not be bound by any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term scale of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not costs.
(c) The arbitrator will make any demand for arbitration in respect of any claim(s) its decision in writing within 90 fifteen (15) days of receiving the intimation from hearing and, unless the Corporation that the bill is ready for acceptance of the ContractorParties otherwise agree, the claim of the Contractor arbitrator’s reasons will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract set out in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will award shall be final and would binding on the Parties and shall not be open subject to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date any appeal although either Party may request clarification of the first hearing. award and the arbitrator’s reasons.
(d) The venue of Arbitration shall be such place as may be fixed by Parties consent to the Arbitrator, in his sole discretion. The award of the Arbitrator arbitrator being entered in any court having jurisdiction for the purposes of enforcement. In addition, if it appears to any Party that the arbitrator lacks the power to give effective interim relief, such Party may apply to any appropriate court for such relief.
(e) All matters in dispute, all claims, submissions, evidence and findings, and the award itself shall be finalkept confidential by the arbitrator, conclusive and binding all no information regarding any of the parties foregoing will be released to any Third Party or otherwise made public without the written consent of the Parties, except as otherwise contemplated herein and except for such information which is not Confidential Information.
(f) The Parties may with mutual consent, expand or abridge the time periods provided for in this ContractArticle 11.
Appears in 6 contracts
Samples: Sponsored Research Agreement (Med BioGene Inc.), Additional Sponsored Research Agreement (Med BioGene Inc.), Additional Sponsored Research Agreement (Med BioGene Inc.)
Arbitration. Except where otherwise provided for in the Contract, all questions and disputes relating 11.01 When either Party to the meaning of the specificationsAgreement determines that a grievance be submitted for Arbitration, designs, drawings and instructions herein before mentioned and as they shall give notice in writing addressed to the quality other Party of workmanship or materials used this Agreement.
11.02 The arbitration procedure incorporated in this Agreement shall be based on the work or as to any other questionuse of a single Arbitrator, claim, right, selected on a rotating basis from a panel of six (6) Arbitrators set out below: Xxxxxx Xxxxx Xxxxx Xxxxx Xxxxx Xxxxxxx Xxx Xxxxxx Xxxxxx Xxxxxxx Xxx Xxxxxx Should the Arbitrator slated for rotation not be available within a six (6) month period then the next Arbitrator in rotation shall be contacted for availability. Should they not be available the matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole next Arbitrator and so on until the full list of arbitrators has been exhausted at which point the original Arbitrator scheduled will be requested to hear the matter. Nothing in this Article shall preclude the Parties, where practical and upon mutual consent, from selecting other Arbitrators than those contemplated above.
11.03 No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda Grievance Procedure.
11.04 The Arbitrator shall hear and if determine the Chairman grievance as filed and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person their decision shall be entitled to proceed final and binding on those parties hereto and the employees.
11.05 The Arbitrator shall not make any decision inconsistent with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of this Agreement or deal with any matter not covered by this Agreement, nor alter, modify or amend any part of this Agreement.
11.06 The Parties will jointly bear the Arbitration Act, 1940 or any statutory modification or re-enactment thereof fees and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award expenses of the Arbitrator on an equal basis. The Parties will otherwise bear their own expense with respect to any arbitration proceedings.
11.07 The Party advancing to arbitration shall be final, conclusive responsible for informing any third party likely to be adversely affected:
(a) of the time and binding all place of the parties Arbitration;
(b) of the matter to this Contractbe heard at Arbitration;
(c) of the right of that third party to be present and represented.
Appears in 6 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration. Except where otherwise provided for Any dispute related to the interpretation of enforcement of this Employment Agreement shall be enforceable only by arbitration in the ContractCounty of Orange, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship California (or materials used on the work or as to any such other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters metropolitan area to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasonsEmployer's principal executive offices may be relocated), such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms commercial arbitration rules then in effect of the Contract. Such person American Arbitration Association, before a panel of three arbitrators, one of whom shall be entitled to proceed with selected by the reference from Employer, the stage at which his predecessor left itsecond of whom shall be selected by the Executive and the third party of whom shall be selected by the other two arbitrators. It is also a terms In the absence of this Contract that no person other than a person appointed by such Chairman & Managing Directorthe American Arbitration Association, as aforesaid should act as arbitrator and or if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to reason arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term arbitration rules of the Contract that American Arbitration Association cannot be initiated, or if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent one of the parties enlarge shall fail or refuses to select an arbitrator, or if the timeparties failed or refused to select an arbitrator, or if the arbitrators selected by the Employer and the Executive cannot agree on the selection of the third arbitrator within seven (7) days after such time as the Employer and the Executive have each been notified of the selection of the other's arbitrator, the necessary arbitrator or arbitrators shall be selected by the presiding judge of the court of general jurisdiction in the metropolitan area where arbitration under this section would otherwise have been conducted. Each arbitrator selected as provided herein is required to be or have been a director or an executive officer for making and publishing a corporation whose shares of common stock were listed during at least one year of such service on the awardNew York Stock Exchange or the American Stock Exchange or quoted on the National Association if Securities Dealers Automated Quotations System. The decision of arbitrators shall award to the Engineer-in-charge regarding the quantum of reduction as well as justification thereof Employer its legal fees and expenses incurred in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed connection with any arbitration proceeding is commenced by the Arbitrator, in his sole discretionExecutive and the Executive has no reasonable basis for initiating such proceeding. The Any award of entered by the Arbitrator arbitrators shall be final, conclusive binding and binding all nonappealable and judgment may be entered thereon by any party in accordance with applicable law in any court or competent jurisdiction except to the parties to this Contractextent an Arbitration award is appealable under applicable law. This arbitration provision shall be specifically enforceable.
Appears in 6 contracts
Samples: Employment Agreement (Universal Broadband Communications Inc), Employment Agreement (Universal Broadband Communications Inc), Employment Agreement (Universal Broadband Communications Inc)
Arbitration. Except where otherwise provided for in the Contract(a) Any and all other disputes, all questions controversies and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way claims arising out of or relating to this Agreement, or with respect to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksinterpretation of this Agreement, or the execution rights or failure to execute obligations of the sameparties and their successors and permitted assigns, whether arising during the progress by operation of the work law or after the completion or abandonment thereofotherwise, shall be referred settled and determined by arbitration in New York City, New York pursuant to the sole arbitration then existing rules of the Chairman & Managing Director American Arbitration Association ("AAA") for commercial arbitration.
(b) In the event that the Executive disputes a determination that Cause exists for terminating his employment hereunder pursuant to Paragraph 7(b), or the Company disputes the determination that Good Reason exists for the Executive's termination of Uranium Corporation this Agreement pursuant to Paragraph 7(c), either party disputing this determination shall serve the other with written notice of India Limitedsuch dispute ("Dispute Notice") within thirty (30) days after the date the Executive is terminated for Cause or the date the Executive terminates this Agreement for Good Reason. Within fifteen (15) days thereafter, Jaduguda and if the Chairman and Managing Director is unable Executive or unwilling to act to the sole arbitrationCompany, of some other person appointed by as the Chairman & Managing Directorcase may be, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limitedshall, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms Rules of the ContractAAA, file a petition with the AAA for arbitration of the dispute, the costs thereof to be shared equally by the Executive and the Company unless an order of the AAA provides otherwise. Such person shall If the Executive serves a Dispute Notice upon the Company, an amount equal to the portion of the Base Salary Executive would be entitled to proceed with receive hereunder shall be placed by the reference from Company in an interest-bearing escrow account mutually agreeable to the stage at which his predecessor left itparties or the Company shall deliver an irrevocable letter of credit for such amount plus interest containing terms mutually agreeable to the parties. It is also a terms of this Contract If the AAA determines that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if Cause existed for any reason, that is not possiblethe termination, the matter is not escrowed funds and accrued interest shall be paid to the Company. However, in the event the AAA determines that the Executive was terminated without Cause or that Executive resigned for Good Reason, the escrowed funds and accrued interest shall be paid to the Executive.
(c) Any proceeding referred to arbitration at all. In in Paragraph 9(a) or (b) shall also determine Executive's entitlement to legal fees as well as all cases where other disputes between the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousandparties relating to Executive's employment.
(d) The parties covenant and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract agree that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will AAA shall be final and would not be open binding and hereby waive their right to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractappeal therefrom.
Appears in 6 contracts
Samples: Employment Agreement (Relocate 411 Com Inc /), Employment Agreement (Relocate 411 Com Inc /), Employment Agreement (Fantasy Sports Net Inc)
Arbitration. (a) Except where otherwise provided for as contemplated by Section 7(d) or Section 9(c) hereof, any dispute or controversy arising under or in connection with this Agreement that cannot be mutually resolved by the Contractparties to this Agreement and their respective advisors and representatives shall be settled exclusively by arbitration in Southfield, all questions Michigan, before one arbitrator of exemplary qualifications and disputes relating stature, who shall be selected jointly by an individual to be designated by the Company and an individual to be selected by Executive, or if such two individuals cannot agree on the selection of the arbitrator, who shall be selected pursuant to the meaning procedures of the specificationsAmerican Arbitration Association, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, such arbitration shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator conducted in accordance with the terms Employment Dispute Resolution Rules of the Contract. Such person American Arbitration Association then in effect.
(b) The parties agree to use their best efforts to cause (i) the two individuals set forth in the preceding Section 9(a), or, if applicable, the American Arbitration Association, to appoint the arbitrator within thirty (30) days of the date that a party hereto notifies the other party that a dispute or controversy exists that necessitates the appointment of an arbitrator, and (ii) any arbitration hearing to be held within thirty (30) days of the date of selection of the arbitrator, and, as a condition to his or her selection, such arbitrator must consent to be available for a hearing, at such time.
(c) Judgment may be entered on the arbitrator’s award in any court having jurisdiction, provided that Executive shall be entitled to proceed seek specific performance of Executive’s right to be paid and to participate in benefit programs during the pendency of any dispute or controversy arising under or in connection with this Agreement. The Company and Executive hereby agree that the reference from arbitrator shall be empowered to enter an equitable decree mandating specific performance of the stage at which his predecessor left it. It is also a terms of this Contract that no person other than Agreement. If any dispute under this Section 9 shall be pending, Executive shall continue to receive at a person appointed by such Chairman & Managing Director, as aforesaid should minimum the base salary which Executive was receiving immediately prior to the act as arbitrator and if or omission which forms the basis for any reason, that is not possible, the matter is not to be referred to arbitration at alldispute. In all cases where At the amount close of the claim in dispute arbitration, such continued base salary payments may be offset against any damages awarded to Executive or may be recovered from Executive if it is Rs. 50,000/-(Rupees Fifty Thousand) and above, determined that Executive was not entitled to the arbitrator shall give reasons for continued payment of base salary under the award. Subject as aforesaid, the other provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractAgreement.
Appears in 6 contracts
Samples: Employment Agreement (Lear Corp), Employment Agreement (Lear Corp), Employment Agreement (Lear Corp)
Arbitration. Except where otherwise provided for a. All disputes under this Agreement shall be settled by arbitration in the ContractMiami, all questions and disputes relating Florida, before a single arbitrator pursuant to the meaning employment rules of arbitration (the "AAA Rules") of the specifications, designs, drawings and instructions herein before mentioned and as American Arbitration Association (the "AAA"). Arbitration may be commenced at any time by any party hereto giving written notice (the "Arbitration Notice") to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be party that such dispute has been referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or differenceunder this Section 7. The arbitrator to whom shall be selected by the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation joint agreement of the office of inability to actCorporation and Officer, shall appoint another person to act as arbitrator in accordance with but if they do not so agree within 20 days after the terms date of the Contract. Such person giving of the Arbitration Notice, the selection shall be entitled made pursuant to proceed with the reference AAA Rules from the stage at which his predecessor left itpanels of arbitrators maintained by the AAA. It is also a terms of this Contract that no person other than a person appointed Any award rendered by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give be conclusive and binding upon the parties hereto and not subject to appeal; provided, however, that any such award shall be accompanied by a written opinion of the arbitrator giving the reasons for the award. Subject as aforesaid, This provision for arbitration shall be specifically enforceable by the provisions parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The expenses of the Arbitration Actarbitrator shall initially be shared equally by the parties; provided, 1940 however, that the arbitrator shall award to the prevailing party all fees and expenses (including, without limitation, attorneys' fees and expenses and expenses of the arbitrator) incurred by such prevailing party in connection with the arbitration. The prevailing party shall also be entitled to recover from the non-prevailing party reasonable attorneys' fees (including, without limitation, all such fees, costs and expenses incident to appellate, bankruptcy and post-judgment proceedings) incurred as a result of any judicial proceedings relating to the specific enforcement of this Section 7 or judgment upon the award rendered by the arbitrator hereunder, in addition to any statutory modification or re-enactment thereof other relief to which the prevailing party may be entitled. For purposes of this Section 7, "attorneys' fees" shall include, without limitation, paralegal fees, investigative fees, administrative costs and all other charges billed by the rules made there under and for attorney to the prevailing party.
b. Notwithstanding subsection a. of this Section 7, to the extent that arbitration of a dispute hereunder is not legally permitted such that the parties to such dispute are prohibited at the time being of such dispute from mutually agreeing to submit such dispute to arbitration, either party may commence a civil action in force, shall apply the arbitration proceeding under this clause. It is a term court of the Contract that the party invoking arbitration shall specify the dispute or disputes appropriate jurisdiction to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each resolve such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration The prevailing party in respect of any claim(s) in writing within 90 days of receiving the intimation such proceedings shall be entitled to recover from the Corporation non-prevailing party reasonable attorneys' fees (including, without limitation, all such fees, costs and expenses incident to appellate, bankruptcy and post-judgment proceedings) incurred in that the bill is ready for acceptance of the Contractoraction or proceeding, the claim of the Contractor will in addition to any other relief to which such party may be deemed to have been waived and absolutely barred and the company entitled.
c. Nothing contained in this Section 7 shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of prevent the parties enlarge the from settling any dispute by mutual agreement at any time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contract.
Appears in 6 contracts
Samples: Change in Control Agreement (Bankunited Financial Corp), Change in Control Agreement (Bankunited Financial Corp), Change in Control Agreement (Bankunited Financial Corp)
Arbitration. Except where otherwise provided for Any dispute or controversy arising under or in the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, connection with this Agreement shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole settled exclusively by arbitration, of some other person appointed by the Chairman & Managing Directorconducted before an arbitrator in New York, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator New York in accordance with the terms Employment Arbitration Rules of the ContractAmerican Arbitration Association then in effect. Such person Judgment may be entered on the arbitration award in any court having jurisdiction. Notwithstanding the foregoing, (a) the Company shall be entitled to proceed with seek a restraining order or injunction in any court of competent jurisdiction to prevent any continuation of any violation of the reference from the stage at which his predecessor left it. It is also a terms provisions of Articles VI or VII of this Contract Agreement and the Executive hereby consents that no person other than such restraining order or injunction may be granted without requiring the Company to post a person appointed by such Chairman & Managing Directorbond, as aforesaid should act as arbitrator and if for (b) the Executive shall be entitled to seek a restraining order or injunction in any reason, that is not possible, the matter is not court of competent jurisdiction to be referred to arbitration at all. In all cases where the amount prevent any continuation of any violation of the claim provisions of Section 7.4(b) of this Agreement and the Company hereby consents that such restraining order or injunction may be granted without requiring the Executive to post a bond. Only individuals who are: (i) lawyers engaged full-time in dispute is Rsthe practice of law and (ii) on the AAA register of arbitrators shall be selected as an arbitrator. 50,000/-(Rupees Fifty ThousandWithin twenty (20) and abovedays of the conclusion of the arbitration hearing, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions prepare written findings of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof fact and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clauseconclusions of law. It is a term of the Contract mutually agreed that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The written decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard workarbitrator shall be valid, which may be decided to be acceptedbinding, will be final and would non-appealable, provided, however, that the parties hereto agree that the arbitrator shall not be open empowered to award punitive damages against any party to such arbitration. The arbitrator shall require the non-prevailing party to pay the arbitrator’s full fees and expenses or, if in the arbitrator’s opinion there is no prevailing party, the arbitrator’s fees and expenses shall be deemed to have entered on the reference on the date he issues notice to both borne equally by the parties fixing thereto. In the date event action is brought to enforce the provisions of this Agreement pursuant to this Section 9.9, the non-prevailing parties shall be required to pay the reasonable attorney’s fees and expenses of the first hearing. The venue of Arbitration shall be such place as may be fixed by prevailing parties, except that if in the Arbitrator, in his sole discretion. The award opinion of the Arbitrator court or arbitrator deciding such action there is no prevailing party, each party shall be final, conclusive pay its own attorney’s fees and binding all the parties to this Contractexpenses.
Appears in 6 contracts
Samples: Employment Agreement (Container Store Group, Inc.), Employment Agreement (Container Store Group, Inc.), Employment Agreement (Container Store Group, Inc.)
Arbitration. Except where otherwise provided for in the Contract(a) Any dispute, all questions and disputes relating to the meaning of the specificationscontroversy, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way claim arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksthis Agreement, or the execution breach, termination or failure to execute the sameinvalidity hereof, whether including claims for tortious interference or other tortious or statutory claims arising before, during the progress of the work or after the completion or abandonment thereoftermination, providing only that such claim touches upon matters covered by this Agreement, shall be referred finally settled by arbitration administered by the American Arbitration Association (“AAA”) pursuant to the Commercial Arbitration Rules as presently in force, except as modified by the specific provisions of this Agreement. The parties expressly agree that nothing in this Agreement shall prevent the parties from applying to a court that would otherwise have jurisdiction over the parties for provisional or interim measures, including injunctive relief. After the arbitration panel is empaneled, it shall have sole jurisdiction to hear such applications, except that the parties agree that any measures ordered by the arbitrators may be immediately and specifically enforced by a court otherwise having jurisdiction over the parties. The parties agree that judgment on the arbitration award may be entered by any court having jurisdiction thereof.
(b) The parties agree that the federal and state courts located in Houston, Texas shall have exclusive jurisdiction over an action brought to enforce the rights and obligations created in or arising from this Agreement to arbitrate, and each of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act parties hereto irrevocably submits to the sole arbitrationjurisdiction of said courts. Notwithstanding the above, application may be made by a party to any court of some other competent jurisdiction wherever situated for enforcement of any judgment and the entry of whatever orders are necessary for such enforcement. Process in any action arising out of or relating to this Agreement may be served on any party to the Agreement anywhere in the world by delivery in person appointed against receipt or by registered or certified mail, return receipt requested.
(c) The arbitration shall be conducted before a tribunal composed of three neutral arbitrators drawn from, in the first instance, the Texas Large Complex Claims panel and then, if necessary, from the Commercial panel. Each arbitrator shall sign an oath agreeing to be bound by the Chairman & Managing DirectorCode of Ethics for Arbitrators in Commercial Disputes promulgated by the AAA for Neutral Arbitrators. It is the intent of the parties to avoid the appearance of impropriety due to bias or partiality on the part of any arbitrator. Prior to his or her formal appointment, willing each arbitrator shall disclose to act the parties and to the other members of the tribunal, any financial, fiduciary, kinship or other relationship between that arbitrator and any party or its counsel, or between that arbitrator and any individual or entity with any financial, fiduciary, kinship or other relationship with any party. For the purposes of this Agreement, “appearance of impropriety” shall be defined as such arbitrator. There will be no objection if relationship or behavior as would cause a reasonable person to believe that bias or partiality on the part of the arbitrator so appointed is an employee may exist in favor of Uranium Corporation any party. Any award or portion thereof, whether preliminary or final, shall be in a written opinion containing findings of India Limited, Jaduguda fact and that he had to deal with the matters to which the Contract relates and that in the course conclusions of his duties as such he had expressed views on all or any of the matters in dispute or differencelaw signed by each arbitrator. The arbitrator dissenting from an award or portion thereof shall issue a dissent from the award or portion thereof in writing, stating the reasons for his or her dissent. The arbitrators shall hear and determine any preliminary issue of law asserted by a party to whom be dispositive of any claim, in whole or part, in the matter manner of a court hearing a motion to dismiss for failure to state a claim or for summary judgment, pursuant to such terms and procedures as the arbitrators deem appropriate.
(d) It is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation intent of the office of inability to actparties that, barring extraordinary circumstances, any arbitration hearing shall appoint another person to act as arbitrator in accordance with the terms be concluded within two months of the Contractdate the statement of claim is received by the AAA. Such person Unless the parties otherwise agree, once commenced, hearings shall be held 5 days a week, with each hearing day to begin at 9:00 A.M. and to conclude at 5:00 P.M. The parties may upon agreement extend these time limits, or the chairman of the panel may extend them if he or she determines that the interests of justice otherwise require. The arbitrators shall use their best efforts to issue the final award or awards within a period of 30 days after closure of the proceedings. Failure to do so shall not be a basis for challenging the award. The parties and arbitrators shall treat all aspects of the arbitration proceedings, including without limitation, discovery, testimony and other evidence, briefs and the award, as strictly confidential. The place of arbitration shall be Houston, Texas, U.S.A. unless otherwise agreed by the parties.
(e) The parties agree that discovery shall be limited and shall be handled expeditiously. Discovery procedures available in litigation before the courts shall not apply in an arbitration conducted pursuant to this Agreement. However, each party shall produce relevant and non-privileged documents or copies thereof requested by the other parties within the time limits set and to the extent required by order of the arbitrators. All disputes regarding discovery shall be promptly resolved by the arbitrators. No witness or party may be required to waive any privilege recognized at law. The parties hereby waive any claim to any damages in the nature of punitive, exemplary or statutory damages in excess of compensatory damages, or any form of damages in excess of compensatory damages, and the arbitration tribunal is specially divested of any power to award any damages in the nature of punitive, exemplary or statutory damages in excess of compensatory damages, or any form of damages in excess of compensatory damages. The party prevailing on substantially all of its claims shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Directorrecover its costs, as aforesaid should act as arbitrator and if for any reasonincluding attorneys’ fees, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaidarbitration proceedings, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard workany ancillary proceeding, which may be decided including a proceeding to be acceptedcompel arbitration, will be final and would not be open to arbitration. The arbitrator shall be deemed request interim measures or to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractconfirm or set aside an award.
Appears in 6 contracts
Samples: Employment Agreement (Tailored Brands Inc), Employment Agreement (Mens Wearhouse Inc), Employment Agreement (Mens Wearhouse Inc)
Arbitration. Except where otherwise provided for Any dispute or controversy arising under or in the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, connection with this Agreement shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole settled exclusively by arbitration, of some other person appointed by the Chairman & Managing Directorconducted before an arbitrator in Houston, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator Texas in accordance with the terms National Rules for the Resolution of Employment Disputes of the ContractAmerican Arbitration Association then in effect. Such person Judgment may be entered on the arbitration award in any court having jurisdiction; provided, however, that the Company shall be entitled to proceed with seek a restraining order or injunction in any court of competent jurisdiction to prevent any violation or continuation of any violation of the reference from provisions of Articles 11, 12, 13 or 15 of this Agreement and Employee hereby consents that such restraining order or injunction may be granted without requiring the stage at which his predecessor left itCompany to post a bond. Only individuals who are on the AAA register of arbitrators shall be selected as an arbitrator. Within 20 days of the conclusion of the arbitration hearing, the arbitrator(s) shall prepare written findings of fact and conclusions of law. It is also a terms mutually agreed that the written decision of this Contract that no person other than a person appointed by such Chairman & Managing Directorthe arbitrator(s) shall be valid, as aforesaid should act as arbitrator binding, final and if for any reasonnon-appealable; provided however, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, parties hereto agree that the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open empowered to award punitive damages against any party to such arbitration. The arbitrator Company shall bear all administrative fees and expenses of the arbitration and each party shall bear its own counsel fees and expenses except as otherwise provided in this paragraph. If Employee makes a claim against the Company relating to the performance of, or the rights and obligations of, the Company arising under, relating to or in connection with this Agreement (a “Covered Claim by the Employee”), the arbitrators shall award Employee his reasonable legal fees and expenses if Employee prevails on one material Covered Claim by the Employee (as determined by the arbitrator). If a claim is made by the Company against Employee relating to the performance of, or the rights and obligations of, Employee arising under, relating to or in connection with this Agreement (a “Covered Claim by the Company”), the arbitrators shall award Employee his reasonable legal fees and expenses; provided that if such Covered Claim by the Company relates to Employee’s performance or obligations under Articles 11, 12, 13 or 15, the arbitrators shall award Employee his legal fees and expenses only if the Company does not prevail on any Covered Claim by the Company relating to any such Section (as determined by the arbitrator). Any reimbursement of reasonable legal fees and expenses required under this Section 16.02 and any reimbursement of expenses included in the Accrued Obligations payable to Employee under Article 6 shall be deemed made not later than the close of Employee’s taxable year following the taxable year in which Employee incurs the expense; provided, however, that, upon Employee’s termination of employment with the Company, in no event shall any additional reimbursement be made prior to have entered on the reference on the date he issues notice to both the parties fixing that is six months after the date of Employee’s termination of employment to the first hearing. The venue of Arbitration shall be extent such place as may be fixed by the Arbitrator, in his sole discretion. The award payment delay is required under Section 409A(a)(2)(B)(i) of the Arbitrator Code. In no event shall any reimbursement be final, conclusive made to Employee for such fees and binding all expenses incurred after the parties to this Contractdate that is 10 years after the date of Employee’s termination of employment with the Company.
Appears in 6 contracts
Samples: Reorganization Agreement (Cobalt International Energy, Inc.), Employment Agreement (Cobalt International Energy, Inc.), Employment Agreement (Cobalt International Energy, Inc.)
Arbitration. Except where otherwise to the extent provided for in Section 11, in the Contractevent that any dispute, all questions controversy or claim arises between the Company or National and disputes relating the Executive with respect to the meaning subject matter of this Agreement and the specificationsenforcement of rights hereunder, designssuch dispute, drawings and instructions herein before mentioned and as to the quality of workmanship controversy or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, claim shall be referred to the sole resolved by binding arbitration before a panel of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator three arbitrators selected in accordance with the terms American Arbitration Association (the “AAA”). The arbitration shall be conducted in accordance with the Expedited Employment Arbitration Rules of the Contract. Such person shall be entitled to proceed with American Arbitration Association then in effect at the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount time of the claim arbitration (or such other rules as the parties may agree to in dispute is Rswriting), and otherwise in accordance with principles which would be applied by a court of law or equity. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being The determination reached in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking such arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would binding on both parties without any right of appeal or further dispute. Execution of the determination by such arbitration panel may be sought in any court of competent jurisdiction. The arbitrators shall not be open to arbitrationbound by judicial formalities and may abstain from following the strict rules of evidence and shall interpret this Agreement as an honorable engagement and not merely as a legal obligation. The arbitrator Unless otherwise agreed by the parties, any such arbitration shall be deemed to have entered on take place in a location selected by the reference on Company which is a convenient forum for such arbitration (taking into account the date he issues notice to both availability of a sufficient pool of experienced arbitrators) and not more than 100 miles from the parties fixing Executive’s principal place of employment at the date of the first hearing. The venue of Arbitration shall be Effective Date (or at such place other location as may be fixed agreed upon by the Arbitratorparties), and shall be conducted in his sole discretion. The award accordance with the Rules of the Arbitrator AAA. In the event of the occurrence of any proceeding (including the appeal of an arbitration decision) between the Company or National and the Executive with respect to the subject matter of this Agreement and the enforcement of rights hereunder, the Company or National shall reimburse the Executive for all reasonable costs and expenses relating to such proceeding, including reasonable attorneys’ fees and expenses, regardless of the final outcome, unless the arbitration panel determines that recovery by the Executive of all or a part of such fees, costs and expenses would be final, conclusive unjust. In no event shall the Executive reimburse the Company for any of the costs and binding all the parties expenses relating to this Contractsuch litigation or other proceeding.
Appears in 5 contracts
Samples: Employment Agreement (National Fuel Gas Co), Employment Continuation and Noncompetition Agreement (National Fuel Gas Co), Employment Continuation and Noncompetition Agreement (National Fuel Gas Co)
Arbitration. Except where otherwise Employee agrees that, except as provided for in the ContractSection 1(e) above, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship any dispute or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way controversy arising out of of, relating to, or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksin connection with this Agreement, or the execution interpretation, validity, construction, performance, breach or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment termination thereof, shall be referred to the sole decided by arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if American Arbitration Association (the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator "Association") in accordance with the terms rules and regulations of the ContractAssociation. Such person The parties shall, within 30 days of the date of demand by either party for arbitration, mutually select one independent, qualified arbitrator. Each party reserves the right to object to any individual arbitrator who shall be entitled to proceed employed by or affiliated with a competing organization. In the reference from the stage at which his predecessor left it. It event objection is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possiblemade, the matter is not to be referred to arbitration at allAssociation shall resolve any dispute regarding the propriety of an individual arbitrator acting in that capacity. In all cases where Company shall bear the amount expenses of the claim arbitrator. Hearings in dispute is Rsthe proceeding shall commence within 120 days of the selection of the arbitrator. 50,000/-(Rupees Fifty Thousand) Arbitration shall take place in Boston, Massachusetts. At the request of either party, arbitration proceedings will be conducted confidentially; in such case all documents, testimony and aboverecords shall be received, heard and maintained by the arbitrators in confidence under seal, available for the inspection only by the Association, the arbitrator parties and their respective attorneys and their respective experts who shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof agree in advance and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived receive all such information confidentially and absolutely barred and the company shall be discharged and released of all liabilities under the Contract to maintain such information in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitrationconfidence. The arbitrator shall be deemed able to have entered on the reference on the date he issues decree any and all relief of an equitable and legal nature, including but not limited to such relief as a temporary restraining order, a temporary and/or a permanent injunction, and shall also be able to award damages, with or without an accounting and costs. Reasonable notice to both the parties fixing the date of the first hearing. The venue time and place of Arbitration arbitration shall be such place given to all persons, other than the parties, as may shall be fixed required by the Arbitratorlaw, in his sole discretion. The award of which case such persons or those authorized representatives shall have the Arbitrator shall be final, conclusive and binding right to attend and/or participate in all the parties to this Contractarbitration hearings in such manner as the law shall require. EMPLOYEE HAS READ AND UNDERSTANDS THIS SECTION 6, WHICH DISCUSSES ARBITRATION. EMPLOYEE UNDERSTANDS THAT BY SIGNING THIS AGREEMENT, EMPLOYEE AGREES, EXCEPT AS SET FORTH IN SECTION 1(e) ABOVE, TO SUBMIT ANY CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH OR TERMINATION THEREOF TO A BINDING ARBITRATION, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF EMPLOYEE'S RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO THIS AGREEMENT.
Appears in 5 contracts
Samples: Executive Officer Change in Control Agreement (Polycom Inc), Executive Officer Change in Control Agreement (Polycom Inc), Executive Officer Change in Control Agreement (Polycom Inc)
Arbitration. Except where otherwise provided for in the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to (a) The parties shall promptly submit any other questiondispute, claim, right, matter or thing whatsoever in any way controversy arising out of or relating to this Agreement (including with respect to the Contractmeaning, designseffect, drawingsvalidity, specificationstermination, estimatesinterpretation, instructions, orders or these conditions or otherwise concerning the worksperformance, or enforcement of this Agreement) or any alleged breach thereof (including any action in tort, contract, equity, or otherwise), to binding arbitration before one arbitrator (the execution “Arbitrator”). Binding arbitration shall be the sole means of resolving any dispute, claim, or failure controversy arising out of or relating to execute this Agreement (including with respect to the samemeaning, whether arising during effect, validity, termination, interpretation, performance or enforcement of this Agreement) or any alleged breach thereof (including any claim in tort, contract, equity, or otherwise).
(b) If the progress parties cannot agree upon the Arbitrator, the Arbitrator shall be selected by the New York, New York chapter head of the work American Arbitration Association upon the written request of either side. The Arbitrator shall be selected within thirty (30) days of such written request.
(c) The laws of the State of New York shall apply to any arbitration hereunder. In any arbitration hereunder, this Agreement shall be governed by the laws of the State of New York applicable to a contract negotiated, signed, and wholly to be performed in the State of New York, which laws the Arbitrator shall apply in rendering his decision. The Arbitrator shall issue a written decision, setting forth findings of fact and conclusions of law, within sixty (60) days after he shall have been selected. The Arbitrator shall have no authority to award punitive or after other exemplary damages.
(d) The arbitration shall be held in New York, New York in accordance with and under the completion then-current provisions of the rules of the American Arbitration Association, except as otherwise provided herein.
(e) On application to the Arbitrator, any party shall have rights to discovery to the same extent as would be provided under the Federal Rules of Civil Procedure, and the Federal Rules of Evidence shall apply to any arbitration under this Agreement; provided, however, that the Arbitrator shall limit any discovery or abandonment thereofevidence such that his decision shall be rendered within the period referred to in Section 10.1(c).
(f) The Arbitrator may, at his discretion and at the expense of the party who will bear the cost of the arbitration, employ experts to assist him in his determinations.
(g) The costs of the arbitration proceeding and any proceeding in court to confirm any arbitration award (including actual attorneys’ fees and costs), shall be referred to borne by the sole arbitration unsuccessful party and shall be awarded as part of the Chairman & Managing Director of Uranium Corporation of India LimitedArbitrator’s decision, Jaduguda and if unless the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as Arbitrator shall otherwise allocate such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that costs in the course of his duties as such he had expressed views on all or any of the matters in dispute or differencedecision. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award determination of the Arbitrator shall be final, conclusive final and binding all upon the parties and not subject to appeal.
(h) Any judgment upon any award rendered by the Arbitrator may be entered in and enforced by any court of competent jurisdiction. The parties expressly consent to the non-exclusive jurisdiction of the courts (Federal and state) in New York, New York to enforce any award of the Arbitrator or to render any provisional, temporary, or injunctive relief in connection with or in aid of the arbitration. The parties expressly consent to the personal and subject matter jurisdiction of the Arbitrator to arbitrate any and all matters to be submitted to arbitration hereunder. None of the parties hereto shall challenge any arbitration hereunder on the grounds that any party necessary to such arbitration (including the parties hereto) shall have been absent from such arbitration for any reason, including that such party shall have been the subject of any bankruptcy, reorganization, or insolvency proceeding.
(i) The parties shall indemnify the Arbitrator and any experts employed by the Arbitrator and hold them harmless from and against any claim or demand arising out of any arbitration under this ContractAgreement, unless resulting from the gross negligence or willful misconduct of the person indemnified.
(j) This arbitration section shall survive the termination of this Agreement.
Appears in 5 contracts
Samples: Merger Agreement (Future Vision II Acquisition Corp.), Business Combination and Merger Agreement (Global Technology Acquisition Corp. I), Merger Agreement (Golden Path Acquisition Corp)
Arbitration. Except where otherwise provided for If the grievance is not resolved in Step Three of the ContractGrievance Procedure, all questions and disputes relating either the Association or the District may submit the grievance to arbitration by notifying the other party within ten (10) days after the answer to Step Three. The submission to arbitration shall contain a statement of the issues to be arbitrated, reference to the meaning specific Article and Section allegedly violated, the contention of the specificationsparty filing for arbitration, designsand shall be signed by the Local Association President or his/her designee and the employee involved. Within the ten (10) days following receipt of the written notice of intent to arbitrate, drawings the Association or a representative of the District shall file a demand for arbitration with the American Arbitration Association, with a copy to the other party. The arbitrator shall then be selected according to the Rules of the American Arbitration Association. Failure to comply with any of these provisions shall render the grievance non-arbitrable. It shall be the function of the arbitrator, and instructions herein before mentioned he/she shall be empowered, except as his/her powers are limited by this Agreement, after due investigation, to make a decision in cases of alleged violation of a specific Article(s) and Section(s) of this Agreement. He/she shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement. He/ she shall have no power to establish salary structures or change any salary or wage. He/she shall not substitute his/her judgment for that of the District's as to the quality qualifications and ability of workmanship an employee, if such judgment was not arbitrary or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at allcapricious. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and aboverendering decisions, the arbitrator shall give reasons for due regard to the awardresponsibility of management as conditioned by this Agreement. Subject as aforesaidIf the District disputes the arbitrability of any grievance under the terms of this Agreement, the provisions arbitrator shall have to decide if the grievance is arbitrable before hearing the merits of the Arbitration Actgrievance. In the event that a case is appealed to an arbitrator on which he/ she has no power to rule, 1940 it shall be referred back to the parties without decision or any statutory modification or re-enactment thereof and recommendation on its merits. There shall be no appeal from an arbitrator's decision if within the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clausescope of his/her authority as set forth above. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitrationbinding on the Association, its members, the employee(s) involved, and the District. The fees and expenses of the arbitrator shall be deemed to have entered on shared equally by the reference on the date he issues notice to both the parties fixing the date parties. All other costs and expenses of the first hearing. The venue of Arbitration arbitration, including filing fees and witness expenses, shall be such place as may be fixed borne by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractparty incurring them.
Appears in 5 contracts
Samples: Professional Agreement, Professional Agreement, Professional Services
Arbitration. (i) Except where otherwise as provided for in below, any controversy or dispute which establishes a legal or equitable cause of action (“Claim”) between the Contract, all questions Employee and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way Company arising out of of, or relating to Employee’s employment and/or this Agreement shall be submitted to final and binding arbitration as the Contractsole and exclusive remedy for such controversy or dispute. It is the parties’ intent that issues of arbitrability of any dispute shall be decided by the Arbitrator.
(ii) Regardless of whether the Federal Arbitration Act would apply by operation of law, designsEmployee and Company agree that the right and duty to resolve any controversy or dispute by arbitration shall be governed exclusively by the Federal Arbitration Act, drawingsas amended, specifications, estimates, instructions, orders or these conditions or otherwise concerning and arbitration shall take place according to the works, or the execution or failure to execute the same, whether arising during the progress applicable rules of the work American Arbitration Association (“AAA”)] in effect as of the date the demand for arbitration is filed. If for any reason the Federal Arbitration Act is found not to apply or after the completion or abandonment thereofgovern, this agreement to arbitrate shall be referred governed by applicable state law.
(iii) The arbitration shall take place before one arbitrator. Such arbitrator shall be provided through the AAA by mutual agreement of the parties to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limitedarbitration; provided that, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitrationabsent such agreement, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator be selected in accordance with the terms rules of AAA then in effect. In either event, such arbitrator may not have any preexisting, direct or indirect relationship with any party to the arbitration.
(iv) The arbitration shall be held at the office of AAA nearest the Company facility to which Employee was assigned prior to the dispute; provided, however, if such office is outside the state in which Employee resides, Employee may cause the arbitration to be held within Employee’s state of residence at a place mutually convenient to the parties thereto and arbitrator.
(v) The costs of arbitration to be paid shall not include any costs unique to arbitration, nor exceed the amount such person would have had to pay in court costs had the matter been pursued in court. The Company shall be responsible for all other cost payable to AAA in connection with the arbitration, including the cost and fees of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitrationarbitrator. The arbitrator shall make such orders with respect to attorneys’ fees and other costs and expenses related to the arbitration as provided by applicable law.
(vi) The award or decision of the arbitrator shall be rendered in writing; shall be final and binding on the parties; and may be enforced by judgment or order of a court of competent jurisdiction.
(vii) The arbitrator shall have no authority to amend or modify the terms and conditions of this Agreement, it being expressly understood and agreed that the arbitrator shall have all such powers as a court would have, sitting without a jury, to determine the validity and enforceability of any of the provisions hereof.
(viii) Notwithstanding this Section (f), the Company and the Employee shall have the right to seek from a court of competent jurisdiction provisional non-monetary remedies including, but not limited to, temporary restraining orders or preliminary injunctions before, during or after arbitration to the extent such remedies are not available through arbitration or cannot be obtained in a timely fashion through arbitration. The Company and the Employee need not await the outcome of the arbitration before seeking provisional remedies. Seeking any such remedies shall not be deemed to have entered on the reference on the date he issues notice be a waiver of such person’s right to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractcompel arbitration.
Appears in 5 contracts
Samples: Change of Control Agreement (Conceptus Inc), Change of Control Agreement (Conceptus Inc), Change of Control Agreement (Conceptus Inc)
Arbitration. Except where otherwise provided for Any dispute or controversy arising under or in the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, connection with this Agreement shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole settled exclusively by arbitration, of some other person appointed by the Chairman & Managing Directorconducted before an arbitrator in Houston, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator Texas in accordance with the terms National Rules for the Resolution of Employment Disputes of the ContractAmerican Arbitration Association then in effect. Such person Judgment may be entered on the arbitration award in any court having jurisdiction; provided, however, that the Company shall be entitled to proceed with seek a restraining order or injunction in any court of competent jurisdiction to prevent any violation or continuation of any violation of the reference from provisions of Articles 9, 10, 11 or 13 of this Agreement and Employee hereby consents that such restraining order or injunction may be granted without requiring the stage at which his predecessor left itCompany to post a bond. Only individuals who are on the AAA register of arbitrators shall be selected as an arbitrator. Within 20 days of the conclusion of the arbitration hearing, the arbitrator(s) shall prepare written findings of fact and conclusions of law. It is also a terms mutually agreed that the written decision of this Contract that no person other than a person appointed by such Chairman & Managing Directorthe arbitrator(s) shall be valid, as aforesaid should act as arbitrator binding, final and if for any reasonnon-appealable; provided however, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, parties hereto agree that the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open empowered to award punitive damages against any party to such arbitration. The arbitrator Company shall bear all administrative fees and expenses of the arbitration and each party shall bear its own counsel fees and expenses except as otherwise provided in this paragraph. If Employee makes a claim against the Company relating to the performance of, or the rights and obligations of, the Company arising under, relating to or in connection with this Agreement (a “Covered Claim by the Employee”), the arbitrators shall award Employee his reasonable legal fees and expenses if Employee prevails on one material Covered Claim by the Employee (as determined by the arbitrator). If a claim is made by the Company against Employee relating to the performance of, or the rights and obligations of, Employee arising under, relating to or in connection with this Agreement (a “Covered Claim by the Company”), the arbitrators shall award Employee his reasonable legal fees and expenses; provided that if such Covered Claim by the Company relates to Employee’s performance or obligations under Articles 9, 10, 11 or 13, the arbitrators shall award Employee his legal fees and expenses only if the Company does not prevail on any Covered Claim by the Company relating to any such Section (as determined by the arbitrator). Any reimbursement of reasonable legal fees and expenses required under this Section 14.02 and any reimbursement of expenses included in the Accrued Obligations payable to Employee under Article 6 shall be deemed made not later than the close of Employee’s taxable year following the taxable year in which Employee incurs the expense; provided, however, that, upon Employee’s termination of employment with the Company, in no event shall any additional reimbursement be made prior to have entered on the reference on the date he issues notice to both the parties fixing that is six months after the date of Employee’s termination of employment to the first hearing. The venue of Arbitration shall be extent such place as may be fixed by the Arbitrator, in his sole discretion. The award payment delay is required under Section 409A(a)(2)(B)(i) of the Arbitrator Code. In no event shall any reimbursement be final, conclusive made to Employee for such fees and binding all expenses incurred after the parties to this Contractdate that is 10 years after the date of Employee’s termination of employment with the Company.
Appears in 5 contracts
Samples: Severance Agreement (Cobalt International Energy, Inc.), Reorganization Agreement (Cobalt International Energy, Inc.), Severance Agreement (Cobalt International Energy, Inc.)
Arbitration. Except where otherwise provided for in (a) If any dispute arises between the ContractExecutive and the Company that the parties cannot resolve themselves, all questions and disputes relating to including any dispute over the meaning of the specificationsapplication, designsvalidity, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksconstruction, or the execution or failure to execute the sameinterpretation of this Agreement, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms then-applicable rules of the ContractAmerican Arbitration Association shall provide the exclusive remedy for resolving any such dispute, regardless of its nature; provided, however, that the Company may enforce the Executive's obligations under paragraphs 8 and 9 hereof by an action for injunctive relief and damages in a court of competent jurisdiction at any time prior or subsequent to the commencement of an arbitration proceeding as herein provided.
(b) This paragraph 19 shall apply to claims arising under state and federal statutes, local ordinances, and the common law. Such person The arbitrator shall be entitled to proceed apply the same substantive law that a court with jurisdiction over the reference from parties and their dispute would apply under the stage at which his predecessor left it. It is also a terms of this Contract Agreement. The arbitrator's remedial authority shall equal the remedial power that no person a court with jurisdiction over the parties and their dispute would have. The arbitrator shall, upon an appropriate motion, dismiss any claim brought in arbitration if he or she determines that the claim could not properly have been pursued through court litigation. If the then-applicable rules of the American Arbitration Association conflict with the procedures of this paragraph 19, the latter shall apply.
(c) If the parties cannot agree upon an arbitrator, the parties shall select a single arbitrator from a list of seven arbitrators provided by the New York, New York office of the American Arbitration Association. All seven listed arbitrators shall be retired judges experienced in employment law and/or persons actively involved in hearing private cases. If the parties cannot agree on selecting an arbitrator from that list, then the parties shall alternately strike names from the list, with the first party to strike being determined by lot. After each party has used three strikes, the remaining name on the list shall be the arbitrator.
(d) Each party may be represented by counsel or by another representative of the party's choice, and each party shall pay the costs and fees of its counsel or other than a person appointed representative and its own filing or administrative fees. The non-prevailing party (as determined by such Chairman & Managing Directorthe arbitrator) shall bear the fees and costs of the arbitrator.
(e) The arbitrator shall render an award and opinion in the form typical of those rendered in labor arbitrations, as aforesaid should act as arbitrator and if that award shall be final and binding and non-appealable. To the extent that any part of this paragraph 19 is found to be legally unenforceable for any reason, that is part shall be modified or deleted in such a manner as to render this paragraph 19 (or the remainder of this paragraph) legally enforceable and as to ensure that except as provided in clause (b) of this paragraph 19, all conflicts between the Company and the Executive shall be resolved by neutral, binding arbitration. The remainder of this paragraph 19 shall not possiblebe affected by any such modification or deletion but shall be construed as severable and independent. If a court finds that the arbitration procedures of this paragraph 19 are not absolutely binding, then the matter is not parties intend any arbitration decision to be referred fully admissible in evidence, given great weight by any finder of fact, and treated as determinative to the maximum extent permitted by law.
(f) Unless the parties agree otherwise, any arbitration at allshall take place in New York, New York in such location as agreed to by the Company and the Executive. In all cases where If the amount of parties cannot agree upon a location for the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and abovearbitration, the arbitrator shall give reasons for determine the award. Subject as aforesaidlocation within New York, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractNew York.
Appears in 5 contracts
Samples: Employment Agreement (Agency Com LTD), Employment Agreement (Agency Com LTD), Employment Agreement (Agency Com LTD)
Arbitration. Except where otherwise provided for (a) Subject to Sections 10.2 and 10.3, if the Parties fail to resolve their dispute within seven (7) days of the start of the mediation, the Parties will appoint an arbitrator having appropriate experience in the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole biopharmaceutical industry who will conduct an arbitration of the Chairman & Managing Director dispute. If the Parties cannot agree on a mutually acceptable arbitrator within seven (7) days of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling decision to act proceed to the sole arbitration, either Party may apply to a court of some other person appointed by the Chairman & Managing Director, willing competent jurisdiction to act as such arbitrator. There will be no objection if the appoint an qualified arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that having appropriate experience in the course of his duties as such he had expressed views on all or any of the matters in dispute or differencebiopharmaceutical industry. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, arbitration shall appoint another person to act as arbitrator be conducted in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing DirectorArbitration Act, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand1991 (Ontario) and abovethe arbitrator shall also be empowered to hear injunctive proceedings in accordance therewith.
(b) Notwithstanding Section 10.5 below, the arbitrator shall give reasons may include in its award an order as to the payment of the costs of the proceedings and reasonable counsel fees. Any Party ordered to pay costs may avail itself of any procedure for the award. Subject as aforesaidtaxing of costs, provided, however, that the provisions of Parties specifically agreed that the Arbitration Act, 1940 or officer taxing such costs need not be bound by any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term scale of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not costs.
(c) The arbitrator will make any demand for arbitration in respect of any claim(s) its decision in writing within 90 fifteen (15) days of receiving the intimation from hearing and, unless the Corporation that the bill is ready for acceptance of the ContractorParties otherwise agree, the claim of the Contractor arbitrator’s reasons will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract set out in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will award shall be final and would binding on the Parties and shall not be open subject to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date any appeal although either Party may request clarification of the first hearing. award and the arbitrator’s reasons.
(d) The venue of Arbitration shall be such place as may be fixed by Parties consent to the Arbitrator, in his sole discretion. The award of the Arbitrator arbitrator being entered in any court having jurisdiction for the purposes of enforcement. In addition, if it appears to any Party that the arbitrator lacks the power to give effective interim relief, such Party may apply to any appropriate court for such relief.
(e) All matters in dispute, all claims, submissions, evidence and findings, and the award itself shall be finalkept confidential by the arbitrator, conclusive and binding all no information regarding any of the parties foregoing will be released to any Third Party or otherwise made public without the written consent of the Parties, except as otherwise contemplated herein and except for such information which is not Confidential Information.
(f) The Parties may with mutual consent, expand or abridge the time periods provided for in this ContractArticle 10.
Appears in 4 contracts
Samples: Additional Exclusive License Agreement (Med BioGene Inc.), Exclusive License Agreement (Med BioGene Inc.), Additional Exclusive License Agreement (Med BioGene Inc.)
Arbitration. 14.1 Except where otherwise provided for in the Contractwith regard to Paragraph 12.1 hereof and any other matters that are not a proper subject of arbitration, all questions and disputes relating to between the meaning parties hereto concerning the performance, breach, construction or interpretation of the specificationsthis Agreement or any portion thereof, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way manner arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, this Agreement or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment performance thereof, shall be referred submitted to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole binding arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms rules of the Contract. Such person American Arbitration Association, which arbitration shall be entitled carried out in the manner hereinafter set forth.
14.2 Within twenty (20) days after written notice by one party to proceed with the reference from other of its demand for arbitration, which demand shall set forth the stage at which his predecessor left itname and address of its arbitrator, the other party shall select its arbitrator and so notify the demanding party. It is also a terms Within twenty (20) days thereafter, the two arbitrators so selected shall select the third arbitrator. The decision of this Contract that no person other than a person appointed by such Chairman & Managing Director, any two (2) arbitrators shall be binding upon the parties. In default of either side naming its arbitrator as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount or in default of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, selection of the said third arbitrator shall give reasons for the award. Subject as aforesaid, the provisions American Arbitration Association shall designate such arbitrator upon the application of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the either party. The arbitration proceeding under this clause. It is shall take place at a term mutually agreeable location in Nassau County, New York or such other location as agreed to by the parties.
14.3 A party who files a notice of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration must assert in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation demand all claims then known to that the bill party on which arbitration is ready for acceptance of the Contractorpermitted to be demanded. When a party fails to include a claim through oversight, inadvertence or excusable neglect, or when a claim has matured or been acquired subsequently, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company arbitrators may permit amendment. A demand for arbitration shall be discharged made within a reasonable time after the claim has arisen, and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may no event shall it be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on made after the date he issues notice to both the parties fixing the date when institution of the first hearing. The venue of Arbitration shall legal or equitable proceedings based on such claim would be such place as may be fixed barred by the Arbitrator, in his sole discretion. applicable statute of limitations.
14.4 The award of rendered by the Arbitrator arbitrators shall be final, conclusive binding and binding conclusive, shall be specifically enforceable, and judgment may be entered upon it in accordance with applicable law in the appropriate court in the State of New York, with no right of appeal therefrom.
14.5 Each party shall pay its or his own expenses of arbitration, and the expenses of the arbitrators and the arbitration proceeding shall be equally shared; provided, however, that, if, in the opinion of a majority of the arbitrators, any claim or defense was unreasonable, the arbitrators may assess, as part of their award, all or any part of the parties arbitration expenses of the other party (including reasonable attorneys' fees) and of the arbitrators and the arbitration proceeding against the party raising such unreasonable claim or defense; provided, further, that, if the arbitration proceeding relates to this Contractthe issue of "cause" for termination of employment, (a) if, in the opinion of a majority of the arbitrators, "cause" existed, the arbitrators shall assess, as part of their award, all of the arbitration expenses of the Company (including reasonable attorneys' fees) and of the arbitrators and the arbitration proceeding against the Employee or (b) if, in the opinion of a majority of the arbitrators, "cause" did not exist, the arbitrators shall assess, as part of their award, all of the arbitration expenses of the Employee (including reasonable attorneys' fees) and of the arbitrators and the arbitration proceeding against the Company.
Appears in 4 contracts
Samples: Employment Agreement (Extech Corp), Employment Agreement (Extech Corp), Employment Agreement (Extech Corp)
Arbitration. Except where otherwise as provided for in the Contract8.3, all questions and disputes relating to the meaning of the specificationsany controversy, designs, drawings and instructions herein before mentioned and as to the quality of workmanship dispute or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way claim arising out of or relating to this Agreement or breach thereof shall first be settled through good faith negotiation. If the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress dispute cannot be settled through negotiation within [30] days of the work controversy, dispute or after claim arising, the completion or abandonment thereofparties agree to attempt in good faith to settle the dispute by mediation administered by JAMS upon a reference being made within [ 15 ] days of the expiry of the aforesaid period of [30] days. If the parties are unsuccessful at resolving the dispute through mediation within [ 45 ] days of reference of the dispute to mediation, the parties agree to binding arbitration administered by JAMS pursuant to its Comprehensive Arbitration Rules & Procedures. Any such arbitration shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limitedheld in Orange County, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or differenceCalifornia. The arbitrator shall determine how all expenses relating to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasonsarbitration shall be paid, such Chairman & Managing Director as aforesaid at including the transferrespective expenses of each party, vacation the fees of the office arbitrator and the administrative fee of inability JAMS. The arbitrator shall set a limited time period and establish procedures designed to actreduce the cost and time for discovery while allowing the Parties an opportunity, shall appoint another person to act as arbitrator adequate in accordance with the terms sole judgment of the Contract. Such person shall be entitled arbitrator to proceed with the reference discover relevant information from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, opposing Parties about the subject matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rsdispute. 50,000/-(Rupees Fifty Thousand) The arbitrator shall rule upon motions to compel or limit discovery and aboveshall have the authority to impose sanctions, including attorneys’ fees and costs, to the same extent as a competent court of law or equity, should the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 determine that discovery was sought without substantial justification or any statutory modification that discovery was refused or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes objected to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the awardwithout substantial justification. The decision of the Engineer-in-charge regarding arbitrator as to the quantum validity and amount of reduction any indemnification claim in any Indemnification Demand or as well as justification thereof to any other matter under this Agreement shall be subject to the limitations set forth in respect this Agreement and final, binding and conclusive upon the Parties. All such decisions shall be written and shall be supported by written findings of rates for substandard workfact and conclusions which shall set forth the award, which may be decided to be acceptedjudgment, will be final and would not be open to arbitrationdecree or order awarded by the arbitrator. The All payments required by the arbitrator shall be deemed to have entered on made within thirty days after the reference on the date he issues notice to both the parties fixing the date decision of the first hearingarbitrator is rendered. The venue of Arbitration shall be such place as Judgment upon any award rendered by the arbitrator may be fixed by the Arbitrator, entered in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractany court having jurisdiction.
Appears in 4 contracts
Samples: Consulting Agreement (Caneum Inc), Consulting Agreement (Caneum Inc), Consulting Agreement (Caneum Inc)
Arbitration. Except where otherwise provided for in It shall be the Contract, all questions and disputes relating to the meaning function of the specificationsarbitrator, designsand he/she shall be empowered, drawings and instructions herein before mentioned and except as his/her powers are limited below, after due investigation, to the quality make a decision in cases of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress alleged violation of the work specific articles and sections of this Agreement. The Arbitrator:
a. Shall have no power to add to, subtract from, disregard, alter or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or modify any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that agreement.
b. Shall have no person other than a person appointed by such Chairman & Managing Directorpower to establish salary schedules or fringe benefits or change any salary schedules or fringe benefits.
c. Shall have no power to rule on any prohibited subjects of bargaining.
d. His/her powers shall be limited to deciding whether the District or the MABA or the building administrator has violated the express written articles or sections of this Agreement, and shall not imply obligations and conditions binding upon the District or the MABA from this agreement.
e. There shall be no appeal from an arbitrator’s decision, if within the scope of his/her authority, as aforesaid should act as arbitrator and if for any reasonset forth above. It shall be binding on the MABA, that is not possibleits building administrators, the matter employee or employees involved, and the District.
f. The fees and expenses of the arbitrator shall be shared equally by the District and the MABA. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other.
g. All grievances must be filed in writing within five (5) working days from the time the member knew or should have known that the alleged violation had occurred. The District shall not be required to pay back wages more than five (5) days prior to the date a grievance is not filed.
1. All claims for back compensation shall be limited to be referred to arbitration at all. In all cases where the amount of wages that the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and abovebuilding administrator would otherwise have earned, less any compensation that he/she may have received from any source during the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions period of the Arbitration Act, 1940 or back pay claim.
2. No decision in any statutory modification or re-enactment thereof and the rules made there under and for the time being one case shall require a retroactive wage adjustment in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractother case.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Arbitration. Except where otherwise 1. If the grievance has not been satisfactorily resolved within the grievance procedure, the Association may request a review by an impartial arbitrator, provided such request is filed in writing with the Director of Labor Relations no later than fourteen (14) calendar days after the rendering of the decision, by the Director of the Department or designee. Upon receipt of a timely written request, the Director of Labor Relations will set forth in motion the necessary machinery to schedule the arbitration hearing. Matters that are not subject to review as grievances are non-arbitrable and shall not be scheduled for in arbitration.
2. The Parties to this Agreement will attempt to mutually agree upon an independent arbitrator. If this cannot be done, a panel or panels will be immediately requested from the Contract, all questions and disputes relating American Arbitration Association. Requests for arbitration shall not be unduly delayed.
3. The arbitration shall be conducted under the labor rules of the American Arbitration Association. Subject to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and abovefollowing, the arbitrator shall give reasons for the award. Subject have jurisdiction and authority to decide a grievance as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof defined and the rules made there under and for the time being submitted in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitrationAgreement. The arbitrator shall have no authority to change, amend, add to, subtract from, ignore, modify, nullify, or otherwise alter or supplement this Agreement or any part thereof or any amendment thereto. The arbitrator shall have no authority to consider or rule upon any matter which is not a grievance as defined in this Agreement and his authority shall be deemed limited to the interpretation of the terms of this Agreement.
4. The arbitrator may not issue declaratory or advisory opinions and shall confine himself exclusively to the question which is presented to him, which question must be actual and existing.
5. At the request of either party there shall be a certified court reporter at the hearing.
6. The parties shall bear equally the expenses and fees of the mutually agreed upon court reporter, the expenses and fees of the arbitrator and all other expenses connected with a hearing. Each party shall bear the expense of its own witnesses, representatives, attorneys and all other individual expenses. Employees required to testify will be made available, however, whenever possible, they shall be placed on call to minimize time lost from work. Employees who have entered on completed their testimony shall return to work unless they are the reference on grievant or are directly required to assist the date he issues notice to both principal Association Representative in the conduct of the case. In class grievances, the class shall be represented by the Association President. The intent of the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretionis to minimize time lost from work.
7. The award of the Arbitrator arbitrator shall be final, conclusive final and binding all when made in accordance with the parties jurisdiction and authority of this Agreement. The arbitrator shall make his award within 30 days of the close of the hearing and shall promptly furnish copies to this Contractboth parties.
8. Matters excluded from the Grievance Procedure under Article 7, Section 3, shall be excluded from Arbitration.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Arbitration. Except where otherwise provided for If the Claim is not resolved by negotiation by the conclusion of the negotiation period referred to above, such Claim shall be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and Title 9 of the Contract, all questions and disputes relating U.S. Code. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
(a) Any Participating Party desiring to commence arbitration shall send a written notice (an "Arbitration Notice") to the meaning of the specifications, designs, drawings other Participating Parties and instructions herein before mentioned and as to the quality of workmanship or materials used on AAA describing the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda dispute and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with setting forth the matters to which be resolved by the Contract relates and that in the course of his duties as such he had expressed views on all or any arbitration. Within ten Business Days of the date of such notice (the "Notice Period"), any other Participating Party may, if such Participating Party does not agree with the description or statement of matters in to be resolved, send an Arbitration Notice to the other Participating Parties and to the AAA describing the dispute or differenceand setting forth the matters to be resolved by the arbitration. The Within ten Business Days of the end of the Notice Period, the Participating Parties shall, if they can agree, select an arbitrator to whom resolve the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at dispute. In the transfer, vacation event that the Participating Parties have not selected an arbitrator within ten Business Days of the office end of inability to actthe Notice Period, then the dispute shall appoint another person to act as arbitrator be resolved by majority decision of a panel of three arbitrators, selected by the AAA in accordance with its rules.
(b) In selecting arbitrators, the Participating Parties or the AAA shall select persons who are experienced in and knowledgeable about the information technology and telecommunications industries and are rendering no advice or services to, and within the past two years have rendered no material advice or services to, any party to this Agreement.
(c) The place of arbitration shall be Austin, Texas.
(d) The arbitrator(s) shall have no authority to award punitive damages or any other damages not measured by the prevailing party's actual damages, and may not, in any event, make any ruling, finding or award that does not conform to the terms and conditions of this Agreement.
(e) At any time after the Contractcommencement of a proceeding hereunder, any Party may make an application to the arbitrators seeking injunctive relief until such time as the arbitration award is rendered or the controversy is otherwise resolved. Such person Any Participating Party may also apply to any court having jurisdiction hereof at any time to seek injunctive relief until such time as the arbitration award is rendered or the controversy is otherwise resolved.
(f) The award shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms made within one month of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions filing of the Arbitration ActNotice, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) shall agree to comply with this schedule before accepting appointment. However, this time limit may from time to time with consent be extended by agreement of the parties enlarge or by the time, for making and publishing the awardarbitrator(s) if necessary. The decision failure to meet these time limits shall not invalidate the award when rendered.
(g) Except as required by law or by regulation, or with the consent of all parties involved in the proceeding, no party hereto shall disclose or disseminate any information relating to a Claim or to the dispute resolution proceedings called for hereby except for disclosure to those of its officers, employees, accountants, attorneys and agents whose duties reasonably require them to have access to such information.
(h) The Participating Parties in the arbitration shall share equally the costs and expenses of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator Each Participating Party shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive otherwise bear its own fees and binding all the parties to this Contractexpenses.
Appears in 4 contracts
Samples: Sales Agency Agreement (Prodigy Communications Corp), Sales Agency Agreement (SBC Communications Inc), Internet Service Resale Agreement (SBC Communications Inc)
Arbitration. Except where otherwise provided for in the Contractas excluded herein below, all questions and disputes relating to the meaning of the specificationsany controversy, designs, drawings and instructions herein before mentioned and as to the quality of workmanship dispute or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way claim arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksthis Agreement, or breach thereof, or Executive’s employment with or termination of employment from the execution or failure Company (each, a “Covered Claim”) shall be resolved by final and binding arbitration administered by JAMS. The arbitration shall be conducted by a single, neutral arbitrator, pursuant to execute JAMS’s Employment Arbitration Rules & Procedures, available at xxxxx://xxx.xxxxxxx.xxx/rules-employment-arbitration/English, as in effect at the same, whether arising during the progress time of the work or after initiation of arbitration, which the completion or abandonment thereofCompany will provide to Executive upon reasonable request, in Boston, Massachusetts. Notwithstanding anything in this Agreement to the contrary, the arbitration provisions of this Agreement shall be referred governed by and enforceable pursuant to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India LimitedFederal Arbitration Act, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitrationand, of some in all other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and aboverespects, the arbitrator shall give reasons for apply the award. Subject as aforesaid, the provisions substantive laws of the Arbitration ActCommonwealth of Massachusetts or applicable Federal law, 1940 or any statutory modification or re-enactment thereof with the same statutes of limitation and available remedies that would apply if the rules made there under and for the time being claims were brought in forcea court of law of competent jurisdiction. The costs unique to arbitration, shall apply including the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make administrative fees, arbitrator compensation and expenses, and any demand for arbitration in respect costs of any claim(s) in writing within 90 days of receiving witnesses call by the intimation from the Corporation arbitrator, that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to incurred in a court proceeding shall be borne by the Company. Unless otherwise ordered by the arbitrator under applicable law, the Company and Executive shall each bear its, their, his, or her own expenses, such as expert witness fees, filing fees, and attorneys’ fees and costs. Nothing herein shall prevent the Company or Executive from seeking a statutory award of reasonable attorneys’ fees and costs under applicable law. THE COMPANY AND EXECUTIVE RECOGNIZE THAT, BY AGREEING TO ARBITRATE THEIR DISPUTES, EACH WAIVE ITS, THEIR, HIS, OR HER RIGHT TO A TRIAL BY JURY OF ANY COVERED CLAIM. THE COMPANY AND EXECUTIVE WAIVE ITS, THEIR, HIS, OR HER RIGHT TO BRING ANY COVERED CLAIM AS PART OF OR IN CONNECTION WITH A CLASS OR COLLECTIVE ACTION. Notwithstanding the foregoing, this Section shall not preclude either party from seeking a temporary restraining order or a preliminary injunction from a court of competent jurisdiction if such relief is not available in a timely fashion through arbitration. The arbitrator Further, this arbitration agreement shall not apply to: (a) claims for unemployment and workers’ compensation benefits; (b) sexual harassment and sexual assault disputes arising under federal, state, local, or tribal law, unless Executive elects to arbitrate such disputes; (c) claims arising under the National Labor Relations Act or which are brought before the National Labor Relations Board; (d) claims brought before the Equal Employment Opportunity Commission or similar state or local agency, if Executive is required to exhaust Executive’s administrative remedies; provided, that any appeal from an award or denial of an award by any such agency or any further action upon receipt of a right-to-sue letter shall be deemed arbitrated pursuant to have entered on the reference on the date he issues notice terms of this Agreement; and (e) any other claim, which by law cannot be subject to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractmandatory arbitration.
Appears in 4 contracts
Samples: Employment Agreement (Fractyl Health, Inc.), Employment Agreement (Fractyl Health, Inc.), Employment Agreement (Fractyl Health, Inc.)
Arbitration. Except where otherwise provided for in The parties shall use their best efforts and good will to settle all disputes by amicable negotiations. The Company and Executive agree that, with the Contractexpress exception of any dispute or controversy arising under Sections 12 and 13 of this Agreement, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship any controversy or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way claim arising out of or in any way relating to Executive’s employment with the ContractCompany, designsincluding, drawingswithout limitation, specifications, estimates, instructions, orders or these conditions or otherwise any and all disputes concerning this Agreement and the works, or the execution or failure to execute the same, whether arising during the progress termination of the work or after the completion or abandonment thereofthis Agreement that are not amicably resolved by negotiation, shall be referred settled by arbitration in New Jersey, or such other place agreed to by the sole parties. This paragraph shall not apply to any action or claim that cannot be subject to mandatory arbitration as a matter of law. It is agreed that any arbitration pursuant to this section shall proceed as follows: Any such arbitration shall be heard by a single arbitrator. Except as the Chairman & Managing Director of Uranium Corporation of India Limitedparties may otherwise agree, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, including the procedures for the selection of some other person appointed by the Chairman & Managing Director, willing to act as such an arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator be conducted in accordance with the terms National Rules for the Resolution of Employment Disputes of the ContractAmerican Arbitration Association (“AAA”). Such person All attorneys' fees and costs of the arbitration shall in the first instance be entitled borne by the respective party incurring such costs and fees, but the arbitrator shall have the discretion to proceed with award costs and/or attorneys' fees as he or she deems appropriate under the reference from circumstances. The parties hereby expressly waive punitive damages, and under no circumstances shall an award contain any amounts that are in any way punitive in nature. Judgment on the stage at which his predecessor left itaward rendered by the arbitrator may be entered in any court having jurisdiction thereof. It is also a terms of this Contract intended that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 controversies or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred claims submitted to arbitration under this Section 9 shall remain confidential, and to that end it is agreed by the clause together with parties that neither the amount for amounts claimed facts disclosed in respect of each such dispute. It is also a term of the Contract that if arbitration, the Contractor does not make any demand for arbitration in respect issues arbitrated, nor the view or opinions of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractorpersons concerning them, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under disclosed to third persons at any time, except to the Contract extent necessary to enforce an award or judgment or as required by law or in respect of these claimsresponse to legal process or in connection with such arbitration. The arbitrator(s) may from time to time with consent Notwithstanding the foregoing, each of the parties enlarge agrees that, prior to submitting a dispute under this Agreement to arbitration, the timeparties agree to submit for a period of sixty (60) days, for making and publishing to voluntary mediation before a jointly selected neutral third party mediator under the award. The decision auspices of JAMS, New York, New York Resolutions Center (or any successor location), pursuant to the procedures of JAMS International Mediation Rules conducted in New Jersey (however, such mediation or obligation to mediate shall not suspend or otherwise delay any termination or other action of the Engineer-in-charge regarding Company or affect the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractCompany’s other rights).
Appears in 4 contracts
Samples: Employment Agreement (Everest Reinsurance Holdings Inc), Employment Agreement (Everest Reinsurance Holdings Inc), Employment Agreement (Everest Group, Ltd.)
Arbitration. Except where otherwise provided (a) If a grievance alleging that a disciplinary action (reduction in base pay, demotion, involuntary transfer of more than 50 miles by highway, suspension, or dismissal) was taken without cause, is not resolved at Step 2, the PBA representative may appeal the grievance in writing to arbitration on the appropriate form as contained in Appendix C of this Agreement within 10 days following receipt of the decision at Step 2. If a contract language dispute as described in (3), above, is not resolved at Step 3, the PBA representative may appeal the grievance in writing to arbitration on the appropriate form as contained in Appendix C of this Agreement within 10 days following receipt of the decision at Step 3. If, at the initial written step, the PBA declined to represent the grievant because he was not a member of the PBA, the grievant may appeal the grievance to arbitration. The appeal to arbitration shall be filed with the Department of Management Services on the form contained in Appendix C of this Agreement and shall include a copy of the grievance forms submitted at Steps 1, 2, and 3 (if applicable) together with all written responses and documents in support of the grievance.
(b) The arbitrator shall be one person from a panel of four arbitrators selected by the Parties. The Department of Management Services’ Arbitration Coordinator shall schedule the arbitration hearing with the state and PBA representatives and the arbitrator listed next on the panel in rotation and shall coordinate the arbitration hearing time, date, and location.
(c) At least fifteen days before the scheduled date of the arbitration hearing, the parties shall file with the arbitrator, and provide to each other, a list of witnesses to be called at the hearing, except rebuttal witnesses, and a brief statement of the material facts or matters relevant to the grievance about which each witness will testify. A party may file a written request with the arbitrator, with a concurrent copy to the other party, for an exception to the filing time limits for good cause. If such exception is granted, the other party may request that the hearing be rescheduled if necessary for the party to respond to the late filed witness information.
(d) The parties may, by agreement in writing, submit related grievances for hearing before the Contractsame arbitrator. Arbitration hearings shall be scheduled as soon as feasible but not more than five months following the receipt of the Request for Arbitration Form. If the arbitrator initially selected is not available to schedule within this period, the Arbitration Coordinator shall contact succeeding arbitrators on the panel until an arbitrator is identified who can schedule within the prescribed period. A party may request of the arbitrator, with notice to the other party and the Arbitration Coordinator, an extension of time/continuance based on documented unusual and compelling circumstances. The parties may agree to schedule a hearing beyond the five-month deadline. The Arbitration Coordinator shall schedule arbitration hearings at times and locations agreed to by the parties, taking into account the availability of evidence, location of witnesses and existence of appropriate facilities, as well as other relevant factors; however, unless agreed otherwise, all questions and disputes relating to the meaning hearings shall be held within 50 miles of the specificationsgrievant(s)’ place of work.
(e) Where there is a threshold issue regarding arbitrability, designsincluding timeliness, drawings of a grievance raised by either party, an expedited arbitration hearing shall be conducted to address only the arbitrability issue. In such cases, the parties shall choose an arbitrator from the panel of arbitrators (see (5)(b) above), who is available to schedule a hearing and instructions herein before mentioned render a decision within 15 days of an arbitrator being chosen for this limited purpose. The hearing on this issue shall be limited to one day, and as the arbitrator shall be required to decide the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress issue within five business days of the work or after the completion or abandonment thereof, hearing. The hearing shall be referred to conducted by telephone upon the sole arbitration agreement of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda parties and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if The party losing the arbitrability issue shall pay the fees and expenses of the expedited arbitration. If the arbitrator so appointed determines that the issue is an employee of Uranium Corporation of India Limitedarbitrable, Jaduguda and that he had to deal with another arbitrator shall be chosen from the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator parties’ regular arbitration panel in accordance with the terms provisions of (5)(b) of this Article to conduct a hearing on the Contract. Such person substantive issue(s).
(f) The arbitrator may fashion an appropriate remedy to resolve the grievance and, provided the decision is in accordance with his jurisdiction and authority under this Agreement, shall be entitled to proceed with final and binding on the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possiblestate, the matter is not to be referred to arbitration at allPBA, the grievant(s), and the employees in the bargaining unit. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, considering a grievance the arbitrator shall give reasons for be governed by the awardfollowing provisions and limitations:
1. Subject as aforesaidThe arbitrator shall issue a decision not later than 22 days from the date of the closing of the hearing or the submission of briefs, whichever is later.
2. The arbitrator’s decision shall be in writing, shall be determined by applying a preponderance of the evidence standard, and shall set forth the arbitrator’s opinion and conclusions on the issue(s) submitted.
3. The arbitrator shall have no authority to determine any other issue, and shall refrain from issuing any statement of opinion or conclusion not essential to the determination of the issues submitted.
4. The arbitrator shall limit the decision strictly to the application and interpretation of the specific provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitrationAgreement.
5. The arbitrator shall be deemed without power or authority to make any decisions that are:
a. Contrary to or inconsistent with, adding to, subtracting from, or modifying, altering or ignoring in any way, the terms of this Agreement, or of applicable law or rules or regulations having the force and effect of law.
b. Limiting or interfering in any way with the power, duties and responsibilities of the state under its Constitution, applicable law, and rules and regulations having the force and effect of law, except as such powers, duties and responsibilities have entered on been abridged, delegated or modified by the reference on express provisions of this Agreement.
6. The arbitrator’s award may include back pay, to the Grievant(s); however, the following limitations shall apply to such monetary awards:
a. An award of back pay shall not exceed the amount of pay the grievant would otherwise have earned at his regular rate of pay, shall be reduced by the amount of wages earned from other sources or monies received as reemployment assistance benefits during the back pay period, shall not include punitive damages, shall not be retroactive to a date earlier than 15 days prior to the date he issues notice the grievance was initially filed.
b. If the Association is granted a continuance to both reschedule an arbitration hearing over the parties fixing the date objection of the first agency, the agency will not be responsible for back pay for the period between the original hearing date or the end of the five month period described in (5)(d), above, whichever is later, and the rescheduled date.
(g) The fees and expenses of the arbitrator shall be borne solely by the party who fails to prevail in the hearing; however, each party shall be responsible for compensating and paying the expenses of its own representatives, attorneys and witnesses. The venue arbitrator shall submit his fee and expense statement to the Arbitration Coordinator for processing in accordance with the arbitrator’s contract. Should the arbitrator fashion an award in such a manner that the grievance is sustained in part and denied in part, the state and the PBA will evenly split the arbitrator’s fee and expenses.
(h) A party may schedule a stenotype reporter to record the proceedings. Such party is responsible for paying the appearance fee of Arbitration the reporter. If either party orders a transcript of the proceedings, the party shall be such place as may be fixed by pay for the Arbitrator, in his sole discretioncost of the transcript and provide a photocopy to the arbitrator. The award party shall also provide a photocopy of the Arbitrator shall transcript to the other party upon written request and payment of copying expenses ($.15 per page).
(i) The PBA will not be final, conclusive and binding all the parties responsible for costs of an arbitration to this Contractwhich it was not a Party.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Arbitration. Except where otherwise provided for in the ContractAny controversy, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship dispute or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way claim arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, this Agreement or the execution refusal by any party hereto to perform the whole or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment any part thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole determined by arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course City of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasonsColumbus, such Chairman & Managing Director as aforesaid at the transferFranklin County, vacation of the office of inability to actOhio, shall appoint another person to act as arbitrator in accordance with the terms Commercial Arbitration Rules of the ContractAmerican Arbitration Association or any successor organization, except as otherwise set forth in this Section 9.10. Such The party demanding arbitration shall serve notice in writing upon all other parties hereto, setting forth in detail the controversy, dispute or claim with respect to which arbitration is demanded, and the parties shall thereupon endeavor to agree upon an arbitration board, which shall consist of three members (“Arbitration Board”). If all the parties hereto fail so to agree within a period of thirty (30) days from the original notice, the party demanding arbitration may, by written notice to all other parties hereto, direct that any members of the Arbitration Board that have not been agreed to by the parties shall be selected by the American Arbitration Association, or any successor organization. No person shall be entitled eligible for appointment to proceed the Arbitration Board who is an officer, employee, shareholder of or otherwise interested in any of the parties hereto or in the matter sought to be arbitrated. The Arbitration Board shall afford adequate opportunity to all parties hereto to present information with respect to the reference controversy, dispute or claim submitted to arbitration and may request further information from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Directorany party hereto; provided, as aforesaid should act as arbitrator and if for any reasonhowever, that is not possiblethe parties hereto may, by mutual agreement, specify the matter is not rules which are to govern any proceeding before the Arbitration Board and limit the matters to be referred to arbitration at allconsidered by the Arbitration Board, in which event the Arbitration Board shall be governed by the terms and conditions of such agreement. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions The determination or award of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules Board shall be made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is upon a term determination of a majority of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such disputemembers thereof. It is also a term The findings and award of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company Arbitration Board shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open conclusive with respect to arbitration. The arbitrator the controversy, dispute or claim submitted for arbitration and shall be deemed to have entered on the reference on the date he issues notice to both binding upon the parties fixing the date of the first hearing. The venue of Arbitration shall be such place hereto, except as may be fixed otherwise provided by the Arbitrator, in his sole discretionlaw. The award of the Arbitrator Arbitration Board shall be final, conclusive specify the manner and binding all extent of the division of the costs of the arbitration proceeding among the parties to this Contract.hereto
Appears in 4 contracts
Samples: Inter Company Power Agreement (Ohio Power Co), Inter Company Power Agreement (Columbus Southern Power Co /Oh/), Inter Company Power Agreement (Indiana Michigan Power Co)
Arbitration. Except where otherwise provided for The parties shall endeavor to settle all disputes by ----------- amicable negotiations. Any claim, dispute, disagreement or controversy that arises among the parties relating to this Option Agreement (excluding enforcement by the Company of its rights under the Agreement Not to Compete) that is not amicably settled shall be resolved by arbitration, as follows:
(a) Any such arbitration shall be heard in the ContractDistrict of Columbia, before a panel consisting of one (1) to three (3) arbitrators, each of whom shall be impartial. Except as the parties may otherwise agree, all questions arbitrators shall be appointed in the first instance by the appropriate official in the District of Columbia office of the American Arbitration Association or, in the event of his or her unavailability by reason of disqualification or otherwise, by the appropriate official in the New York City office of the American Arbitration Association. In determining the number and disputes relating appropriate background of the arbitrators, the appointing authority shall give due consideration to the meaning of the specificationsissues to be resolved, designs, drawings and instructions herein before mentioned and but his or her decision as to the quality number of workmanship or materials used on the work or arbitrators and their identity shall be final. Except as to any other questionotherwise provided in this Section 25, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress all of the work or after the completion or abandonment thereof, arbitration proceedings shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator conducted in accordance with the terms rules of the Contractarbitrators.
(b) An arbitration may be commenced by any party to this Option Agreement by the service of a written request for arbitration upon the other affected parties. Such person request for arbitration shall summarize the controversy or claim to be arbitrated, and shall be entitled referred by the complaining party to proceed with the reference from appointing authority for appointment of arbitrators ten (10) days following such service or thereafter. If the stage at which his predecessor left itpanel of arbitrators is not appointed by the appointing authority within thirty (30) days following such reference, any party may apply to any court within the District of Columbia for an order appointing arbitrators qualified as set forth below.
(c) All attorneys' fees and costs of the arbitration shall in the first instance be borne by the respective party incurring such costs and fees, but the arbitrators shall have the discretion to award costs and/or attorneys' fees as they deem appropriate under the circumstances. The parties hereby expressly waive punitive damages, and under no circumstances shall an award contain any amount that in any way reflects punitive damages.
(d) Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
(e) It is also a terms of this Contract intended that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 controversies or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred claims submitted to arbitration under this Section 25 shall remain confidential, and to that end it is agreed by the clause together with parties that neither the amount for amounts claimed facts disclosed in respect of each such dispute. It is also a term of the Contract that if arbitration, the Contractor does not make any demand for arbitration in respect issues arbitrated, nor the views or opinions of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractorpersons concerning them, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time disclosed to time with consent of the parties enlarge the third persons at any time, for making and publishing except to the award. The decision of the Engineer-in-charge regarding the quantum of reduction extent necessary to enforce an award or judgment or as well as justification thereof required by law or in respect of rates for substandard work, which may be decided response to be accepted, will be final and would not be open to legal process or in connection with such arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contract.
Appears in 4 contracts
Samples: Stock Option Agreement (Corporate Executive Board Co), Stock Option Agreement (Corporate Executive Board Co), Stock Option Agreement (Corporate Executive Board Co)
Arbitration. Except where otherwise provided for in If either the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, Provider Party or the execution or failure Administrator Party wishes to execute pursue the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act Dispute as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that provided in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasonsSection 6.1, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability party shall submit it to act, shall appoint another person to act as arbitrator binding arbitration conducted in accordance with the terms Commercial Arbitration Rules of the ContractAmerican Arbitration Association (“AAA”). Such person In no event may any arbitration be initiated more than one (1) year following, as applicable, the end of the sixty (60) day negotiation period set forth in Section 6.1, or the date of notice of termination. Arbitration proceedings shall be entitled to proceed with the reference conducted by an arbitrator chosen from the stage National Healthcare Panel at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, mutually agreed upon location within the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitrationState. The arbitrator shall not award any punitive or exemplary damages of any kind, shall not vary or ignore the provisions of this Agreement, and shall be deemed bound by controlling law. The Parties, CCHN and the Contracted Providers, on behalf of themselves and those that they may now or hereafter represent, agree to and do hereby waive any right to pursue, on a class basis, any Dispute. Each of the Provider Party and the Administrator Party shall bear its own costs and attorneys’ fees related to the arbitration except that the AAA’s Administrative Fees, all Arbitrator Compensation and travel and other expenses, and all costs of any proof produced at the direct request of the arbitrator shall be borne equally by the applicable parties, and the arbitrator shall not have entered the authority to order otherwise. The existence of a Dispute or arbitration proceeding shall not in and of itself constitute cause for termination of this Agreement. Except as hereafter provided, during an arbitration proceeding, each of the Provider Party and the Administrator Party shall continue to perform its obligations under this Agreement pending the decision of the arbitrator. Nothing herein shall bar either the Provider Party or the Administrator Party from seeking emergency injunctive relief to preclude any actual or perceived breach of this Agreement, although such party shall be obligated to file and pursue arbitration at the earliest reasonable opportunity. Judgment on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as award rendered may be fixed by the Arbitrator, entered in his sole discretionany court having jurisdiction thereof. The award of the Arbitrator Nothing contained in this Article VI shall be final, conclusive and binding all the parties limit a Party’s right to terminate this ContractAgreement with or without cause in accordance with Section 7.2.
Appears in 4 contracts
Samples: Participating Provider Agreement, Participating Provider Agreement, Participating Provider Agreement (Carolina Complete Health Network, Inc.)
Arbitration. Except where Any dispute, claim or controversy arising under or in connection with this Agreement or Executive’s employment hereunder or the termination thereof shall (except to the extent otherwise provided for in Section 4(D) with respect to injunctive relief) be settled exclusively by arbitration administered by the ContractAmerican Arbitration Association (the “AAA”) and carried out in Cleveland, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, Ohio. The arbitration shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator conducted in accordance with the terms AAA’s Commercial Arbitration Rules in effect at the time of the Contractarbitration (the “AAA Rules”), except as modified herein. Such person There shall be entitled to proceed one arbitrator mutually selected by the Company and Executive, within thirty (30) days of receipt by respondent of the demand for arbitration. If the Company and Executive cannot mutually agree on an arbitrator within thirty (30) days, then an arbitrator shall be promptly appointed by the AAA in accordance with the reference from AAA Rules.
i. The arbitration hearings shall (except to the stage at which his predecessor left itextent otherwise reasonably provided by the arbitrator for good cause or as otherwise mutually agreed by the parties) commence within forty-five (45) days after the appointment of the arbitrator; the arbitration shall (except to the extent otherwise reasonably provided by the arbitrator for good cause or as otherwise mutually agreed by the parties) be completed within sixty (60) days of commencement of the hearings; and the arbitrator’s award shall be made within thirty (30) days following such completion.
ii. It The arbitrator may award any form of relief permitted under this Agreement and applicable law, including damages and temporary or permanent injunctive relief, except that the arbitral tribunal is also a not empowered to award damages in excess of compensatory damages, and each party hereby irrevocably waives any right to recover punitive, exemplary or similar damages with respect to any dispute. The arbitrator shall have no jurisdiction to vary the express terms of this Contract that no person other than a person appointed by such Chairman & Managing DirectorAgreement. The Company and Executive shall equally bear all costs, as aforesaid should act as arbitrator fees and if for any reasonexpenses of the arbitration, provided, however, that is not possible, each party shall bear its own attorney’s fees. The arbitrator may award attorney’s fees. The award shall be in writing and shall state the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award.
iii. The decision of rendered by the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will arbitrator shall be final and would not binding on the parties and may be open to arbitrationentered in any court of competent jurisdiction. The arbitrator shall be deemed parties waive, to have entered on the reference on fullest extent permitted by law, any rights to appeal to, or to seek review of such award by, any court. The parties further agree to obtain the date he issues notice arbitral tribunal’s agreement to both preserve the parties fixing the date confidentiality of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractarbitration.
Appears in 4 contracts
Samples: Restrictive Covenants Agreement (Sotera Health Co), Restrictive Covenants Agreement (Sotera Health Co), Restrictive Covenants Agreement (Sotera Health Co)
Arbitration. Except where otherwise provided for in Any controversy, dispute or claim (collectively, a "DISPUTE") between the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way parties arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksthis Agreement, or the execution breach, termination or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment validity thereof, shall be referred to the sole finally settled by arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms commercial arbitration rules of the ContractAmerican Arbitration Association ("AAA") then pertaining. Such person However, in all events, these arbitration provisions shall govern over any conflicting rules that may now or hereafter be contained in the AAA rules. The arbitration shall be held in the State of New York unless the parties mutually agree to have the arbitration held elsewhere, and judgment upon the award made therein may be entered by any court having jurisdiction in the State of New York; provided however, that nothing contained in this Article XVII shall be construed to limit or preclude a party from bringing any action in any court of competent jurisdiction for injunctive or other provisional relief to compel another party to comply with its obligations under this Agreement during the pendency of the arbitration proceedings. Any judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction over the subject matter hereof. The arbitrator shall have the authority to grant any equitable and legal remedies that would be available in any judicial proceeding instituted to resolve any claim hereunder. Any such arbitration will be conducted before a single arbitrator who shall be chosen by agreement of the parties, or, if the parties cannot agree, in accordance with the rules of the AAA. The arbitrator shall permit such discovery as he shall determine is appropriate in the circumstances, taking into account the needs of the parties and the desirability of making discovery expeditious and cost-effective. Any such discovery shall be limited to information directly related to the controversy or claim in arbitration and shall be concluded within sixty (60) days after appointment of the third arbitrator. The substantially prevailing party in any arbitration hereunder, as determined by the arbitrator, shall be entitled to proceed with an award of a percentage of its reasonable costs incurred in connection therewith, including attorneys' fees, determined by dividing the reference from amount actually awarded to the stage at which his predecessor left itprevailing party by the amount claimed by the prevailing party. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for For any reason, that is not possibleDispute submitted to arbitration, the matter is not to burden of proof will be referred to arbitration at all. In all cases where the amount of as it would be if the claim were litigated in dispute is Rsa judicial proceeding. 50,000/-(Rupees Fifty Thousand) and aboveUpon the conclusion of any arbitration proceedings hereunder, the arbitrator shall give will render findings of fact and conclusions of law and a written opinion setting forth the basis and reasons for the award. Subject as aforesaid, the provisions any decision reached and will deliver such documents to each party to this Agreement along with a signed copy of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. 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 and shall make his decision based on and in accordance with the provisions of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractAgreement.
Appears in 4 contracts
Samples: Asset Purchase Agreement (American Cellular Corp /De/), Asset Purchase Agreement (Dobson Communications Corp), Asset Purchase Agreement (Acc Acquisition LLC)
Arbitration. Except where otherwise provided for Section 12 of this Agreement is hereby amended (i) to replace all references to “the New York Stock Exchange, Inc.” and the “NYSE” with references to the “Financial Industry Regulatory Authority” and “FINRA”, as applicable, and (ii) to add the following sentences at the end of such section: Prior to a Change in Control (as defined in Schedule I attached hereto), each party shall bear its own costs and expenses of any such arbitration. Following a Change in Control, Lazard shall pay to the ContractExecutive, as incurred, all questions legal fees and disputes relating expenses reasonably incurred by the Executive or with respect to the meaning Executive during his lifetime or within ten years after his death in connection with any contest by Lazard, the Executive or others of the specificationsvalidity or enforceability of, designsor liability under, drawings any provision of this Agreement or any guarantee of performance thereof (including any action to compel arbitration or enforce any arbitration award or as a result of any contest by the Executive about the amount of any payment pursuant to this Agreement, and instructions herein before mentioned whether or not any such contest is under Section 12 or 13 of this Agreement or otherwise), plus Interest (as defined in Schedule I attached hereto) determined as of the date such legal fees and as expenses were incurred; provided that, the Executive shall promptly repay to Lazard all such amounts if the Executive fails to prevail on at least one material issue in dispute in any such contest. Section 16(b). Paragraphs 2, 3, 4, 5 and 6 of this Schedule I and Sections 16(i) and (j) of this Agreement are hereby added to the quality list of workmanship sections in Section 16(b) of this Agreement. Section 16(f). Section 16(f) of this Agreement is hereby amended to add the following words at the end thereof: “except to the extent such withholding or materials used offset is not permitted under Section 409A of the Code without the imposition of additional taxes or penalties on the work or as Executive.” Section 16(i) and (j). Section 16 of this Agreement is hereby amended to add the following new subsections:
(i) Notwithstanding any other question, claim, right, matter or thing whatsoever in any way arising out provision of or relating this Agreement to the Contractcontrary, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning to the works, or minimum extent necessary to ensure the execution or failure to execute the same, whether arising during the progress provision of non-taxable benefits under Section 105(h) of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all Code or any of similar law, the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person Firm shall be entitled to proceed with alter the reference from manner in which medical benefits are provided to the stage at which Executive following termination of his predecessor left it. It employment; provided that in no event shall the after-tax cost to the Executive of such benefits be greater than the cost applicable to similarly situated executives of the Firm who have not terminated employment or, following a Change in Control (as defined in Schedule I attached hereto), the cost applicable to the Executive immediately prior to the Change in Control, if more favorable to the Executive.
(j) The Executive acknowledges and agrees that the Executive is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Directorsubject to the Firm’s Compensation Recovery Policy Applicable to Named Executive Officers, as aforesaid should act in effect as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, date hereof (a copy of which has been provided to the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractExecutive).
Appears in 4 contracts
Samples: Agreement Relating to Retention and Noncompetition and Other Covenants (Lazard LTD), Agreement Relating to Retention and Noncompetition and Other Covenants (Lazard Group LLC), Agreement Relating to Retention and Noncompetition and Other Covenants (Lazard LTD)
Arbitration. (i) Except where otherwise as provided for in below, any controversy or dispute which establishes a legal or equitable cause of action (“Claim”) between the Contract, all questions Employee and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way Company arising out of of, or relating to Employee’s employment and/or this Agreement shall be submitted to final and binding arbitration as the Contractsole and exclusive remedy for such controversy or dispute. It is the parties’ intent that issues of arbitrability of any dispute shall be decided by the Arbitrator.
(ii) Regardless of whether the Federal Arbitration Act would apply by operation of law, designsEmployee and Company agree that the right and duty to resolve any controversy or dispute by arbitration shall be governed exclusively by the Federal Arbitration Act, drawingsas amended, specifications, estimates, instructions, orders or these conditions or otherwise concerning and arbitration shall take place according to the works, or the execution or failure to execute the same, whether arising during the progress applicable rules of the work American Arbitration Association (“AAA”) in effect as of the date the demand for arbitration is filed. If for any reason the Federal Arbitration Act is found not to apply or after the completion or abandonment thereofgovern, this agreement to arbitrate shall be referred governed by applicable state law.
(iii) The arbitration shall take place before one arbitrator. Such arbitrator shall be provided through the AAA by mutual agreement of the parties to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limitedarbitration; provided that, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitrationabsent such agreement, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator be selected in accordance with the terms rules of AAA then in effect. In either event, such arbitrator may not have any preexisting, direct or indirect relationship with any party to the arbitration.
(iv) The arbitration shall be held at the office of AAA nearest the Company facility to which Employee was assigned prior to the dispute; provided, however, if such office is outside the state in which Employee resides, Employee may cause the arbitration to be held within Employee’s state of residence at a place mutually convenient to the parties thereto and arbitrator.
(v) The costs of arbitration to be paid shall not include any costs unique to arbitration, nor exceed the amount such person would have had to pay in court costs had the matter been pursued in court. The Company shall be responsible for all other cost payable to AAA in connection with the arbitration, including the cost and fees of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitrationarbitrator. The arbitrator shall make such orders with respect to attorneys’ fees and other costs and expenses related to the arbitration as provided by applicable law.
(vi) The award or decision of the arbitrator shall be rendered in writing; shall be final and binding on the parties; and may be enforced by judgment or order of a court of competent jurisdiction.
(vii) The arbitrator shall have no authority to amend or modify the terms and conditions of this Agreement, it being expressly understood and agreed that the arbitrator shall have all such powers as a court would have, sitting without a jury, to determine the validity and enforceability of any of the provisions hereof.
(viii) Notwithstanding this Section (f), the Company and the Employee shall have the right to seek from a court of competent jurisdiction provisional non-monetary remedies including, but not limited to, temporary restraining orders or preliminary injunctions before, during or after arbitration to the extent such remedies are not available through arbitration or cannot be obtained in a timely fashion through arbitration. The Company and the Employee need not await the outcome of the arbitration before seeking provisional remedies. Seeking any such remedies shall not be deemed to have entered on the reference on the date he issues notice be a waiver of such person’s right to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractcompel arbitration.
Appears in 4 contracts
Samples: Change of Control Agreement (Conceptus Inc), Change of Control Agreement (Conceptus Inc), Change of Control Agreement (Conceptus Inc)
Arbitration. Except where otherwise provided for The parties shall endeavor to settle all disputes by ----------- amicable negotiations. Any claim, dispute, disagreement or controversy that arises among the parties relating to this Option Agreement (excluding enforcement by the Company of its rights under the Agreement Not to Compete) that is not amicably settled shall be resolved by arbitration, as follows:
(a) Any such arbitration shall be heard in the ContractDistrict of Columbia, before a panel consisting of one (1) to three (3) arbitrators, each of whom shall be impartial. Except as the parties may otherwise agree, all questions arbitrators shall be appointed in the first instance by the appropriate official in the District of Columbia office of the American Arbitration Association or, in the event of his or her unavailability by reason of disqualification or otherwise, by the appropriate official in the New York City office of the American Arbitration Association. In determining the number and disputes relating appropriate background of the arbitrators, the appointing authority shall give due consideration to the meaning of the specificationsissues to be resolved, designs, drawings and instructions herein before mentioned and but his or her decision as to the quality number of workmanship or materials used on the work or arbitrators and their identity shall be final. Except as to any other questionotherwise provided in this Section 26, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress all of the work or after the completion or abandonment thereof, arbitration proceedings shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator conducted in accordance with the terms rules of the Contractarbitrators.
(b) An arbitration may be commenced by any party to this Option Agreement by the service of a written request for arbitration upon the other affected parties. Such person request for arbitration shall summarize the controversy or claim to be arbitrated, and shall be entitled referred by the complaining party to proceed with the reference from appointing authority for appointment of arbitrators ten (10) days following such service or thereafter. If the stage at which his predecessor left itpanel of arbitrators is not appointed by the appointing authority within thirty (30) days following such reference, any party may apply to any court within the District of Columbia for an order appointing arbitrators qualified as set forth below.
(c) All attorneys' fees and costs of the arbitration shall in the first instance be borne by the respective party incurring such costs and fees, but the arbitrators shall have the discretion to award costs and/or attorneys' fees as they deem appropriate under the circumstances. The parties hereby expressly waive punitive damages, and under no circumstances shall an award contain any amount that in any way reflects punitive damages.
(d) Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
(e) It is also a terms of this Contract intended that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 controversies or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred claims submitted to arbitration under this Section 26 shall remain confidential, and to that end it is agreed by the clause together with parties that neither the amount for amounts claimed facts disclosed in respect of each such dispute. It is also a term of the Contract that if arbitration, the Contractor does not make any demand for arbitration in respect issues arbitrated, nor the views or opinions of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractorpersons concerning them, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time disclosed to time with consent of the parties enlarge the third persons at any time, for making and publishing except to the award. The decision of the Engineer-in-charge regarding the quantum of reduction extent necessary to enforce an award or judgment or as well as justification thereof required by law or in respect of rates for substandard work, which may be decided response to be accepted, will be final and would not be open to legal process or in connection with such arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contract.
Appears in 4 contracts
Samples: Stock Option Agreement (Corporate Executive Board Co), Stock Option Agreement (Corporate Executive Board Co), Stock Option Agreement (Corporate Executive Board Co)
Arbitration. Except where otherwise provided for in If the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in parties have not resolved a dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving after written notice beginning mediation (or a longer period, if the intimation from parties agree to extend the Corporation that the bill is ready for acceptance of the Contractormediation), the claim of mediation shall terminate and the Contractor will dispute shall be deemed settled by arbitration. In addition, if a party initiates litigation, arbitration, or other binding dispute resolution process without initiating mediation, or before the mediation process has terminated, an opposing party may deem the mediation requirement to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time proceed with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall arbitration will be deemed to have entered on conducted in accordance with the reference on procedures contained in this document and the date he issues notice to both arbitration rules established by the parties fixing “Centro” and effective as of the date of the first hearingengagement letter. In the event of a conflict, the provisions of this document will control. The venue arbitration will be conducted before a panel of Arbitration three arbitrators, notwithstanding the importance of the dispute, to be appointed as established by the “Centro”. Any issue concerning the dispute or the applicability, interpretation or enforceability of any of these procedures, including any dispute concerning whether all or part of these procedures are not valid or enforceable, shall be such place as resolved by the arbitrators. No potential arbitrator may be fixed appointed unless he or she had agreed in writing to be bound and comply with these procedures. The arbitration panel shall have no power to award non-monetary or equitable relief of any sort. They shall have no power to award punitive damages or any other damages exceeding the actual direct damages that affected the party in favor of whom the award was issued, and the parties expressly waive their right to obtain such damages in arbitration or in any other forum. In no event, even if any other portion of these provisions is held to be invalid or unenforceable, shall the arbitrators have power to grant an award or impose a remedy that could not be granted or imposed by a court deciding on the matter in the same jurisdiction. Neither party shall be allowed to reveal any information related to the arbitration process, unless expressly authorized by the Arbitrator, in his sole discretion. The award arbitration panel when the party requesting such disclosure of the Arbitrator shall be final, conclusive and binding all the parties information demonstrates substantial need to this Contractdo so.
Appears in 3 contracts
Samples: Terms of Use, Terms of Use, Terms of Use
Arbitration. Except where as otherwise expressly provided for in the Contractherein, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship any dispute or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way claim arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksthis Agreement, or to the execution breach, termination, or failure validity of this Agreement, will be resolved as follows: each Party shall discuss the matter and make reasonable efforts to execute attempt to resolve the samedispute. If the Parties are unable to resolve the dispute, whether arising during the progress chief executive officer of each Party, or their designees, will meet within [***] days of a request to attempt to resolve such dispute being made by a Party. If the chief executive officers, or their designees, cannot resolve the dispute through good faith negotiations within [***] days after a Party requests such meeting, then the Parties shall resort to binding arbitration before a single arbitrator, in New York, New York, using the arbitration procedures set forth under the laws of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration State of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the awardNew York. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will arbitrator shall be final and would not be open subject to appeal and the arbitrator may apportion the costs of the arbitration, including the reasonable fees and disbursements of the Parties, between or among the Parties in such manner as the arbitrator considers reasonable. The arbitrator All matters in relation to the arbitration shall be deemed kept confidential to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearingfull extent permitted CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. The venue of Arbitration A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT PURSUANT TO RULE 24B-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. by law, and no individual shall be such place appointed as may an arbitrator unless he or she agrees in writing to be fixed bound by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractprovision.
Appears in 3 contracts
Samples: Distribution Agreement, Distribution Agreement (Braeburn Pharmaceuticals, Inc.), Distribution Agreement (Braeburn Pharmaceuticals, Inc.)
Arbitration. Except where otherwise provided for All appeals from determinations by the EB Committee as described in the Contractparagraph (b) above, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereofUnits Damages Dispute, shall be referred fully and finally settled by arbitration administered by the American Arbitration Association (“AAA”) on an individual basis (and not on a collective or class action basis) before a single arbitrator pursuant to the sole AAA’s Commercial Arbitration Rules in effect at the time any such arbitration is initiated. Any such arbitration must be initiated in writing pursuant to the aforesaid rules of the Chairman & Managing Director AAA no later than one year from the date that the claim accrues, except where a longer limitations period is required by applicable law. Decisions about the applicability of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed limitations period contained herein shall be made by the Chairman & Managing Director, willing to act as such arbitrator. There will A copy of the AAA’s Commercial Arbitration Rules may be no objection if obtained from Human Resources. The Participant agrees that the arbitrator so appointed is an employee arbitration shall be held at the office of Uranium Corporation the AAA nearest the place of India Limitedthe Participant’s most recent employment by the Company or a Related Company, Jaduguda and that he had unless the parties agree in writing to deal with a different location. All claims by the matters to which Company or a Related Company against the Contract relates and that in the course Participant, except for breaches of his duties as such he had expressed views on all or any of the matters Participant’s Obligations, may also be raised in such arbitration proceedings.
(i) The arbitrator shall have the authority to determine whether any dispute or differencesubmitted for arbitration hereunder is arbitrable. The arbitrator shall decide all issues submitted for arbitration according to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the ContractPlan, this Agreement (except for breaches of any of the Participant’s Obligations), existing Company policy, and applicable substantive New York State and U.S. federal law and shall have the authority to award any remedy or relief permitted by such laws. Such person The final decision of the EB Committee with respect to a Plan Dispute shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by upheld unless such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 decision was arbitrary or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the awardcapricious. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive conclusive, not subject to appeal, and binding all the parties and enforceable in any applicable court.
(ii) The Participant understands and agrees that, pursuant to this ContractAgreement, both the Participant and the Company or a Related Company waive any right to xxx each other in a court of law or equity, to have a trial by jury, or to resolve disputes on a collective, or class, basis (except for breaches of any of the Participant’s Obligations), and that the sole forum available for the resolution of Units Award Disputes and Units Damages Disputes is arbitration as provided in this paragraph 25. If an arbitrator or court finds that the arbitration provisions of this Agreement are not enforceable, both Participant and the Company or a Related Company understand and agree to waive their right to trial by jury of any Units Award Dispute or Units Damages Dispute. This dispute resolution procedure shall not prevent either the Participant or the Company or a Related Company from commencing an action in any court of competent jurisdiction for the purpose of obtaining injunctive relief to prevent irreparable harm pending and in aid of arbitration hereunder; in such event, both the Participant and the Company or a Related Company agree that the party who commences the action may proceed without necessity of posting a bond.
(iii) In consideration of the Participant’s agreement in paragraph (ii) above, the Company or a Related Company will pay all filing, administrative and arbitrator’s fees incurred in connection with the arbitration proceedings. If the AAA requires the Participant to pay the initial filing fee, the Company or a Related Company will reimburse the Participant for that fee. All other fees incurred in connection with the arbitration proceedings, including but not limited to each party’s attorney’s fees, will be the responsibility of such party.
(iv) The parties intend that the arbitration procedure to which they hereby agree shall be the exclusive means for resolving all Units Award Disputes (subject to the mandatory EB Committee procedure provided for in paragraph 25(b) above) and Units Damages Disputes. Their agreement in this regard shall be interpreted as broadly and inclusively as reason permits to realize that intent.
(v) The Federal Arbitration Act (“FAA”) shall govern the enforceability of this paragraph 25. If for any reason the FAA is held not to apply, or if application of the FAA requires consideration of state law in any dispute arising under this Agreement or subject to this dispute resolution provision, the laws of the State of New York shall apply without giving effect to the conflicts of laws provisions thereof.
(vi) To the extent an arbitrator determines that the Participant was not terminated for Cause and is entitled to the PSUs or any other benefits under the Plan pursuant to the provisions applicable to an involuntary termination without Cause, the Participant’s obligation to execute a release satisfactory to Verizon as provided under paragraph 7(b)(2) shall remain applicable in order to receive the benefit of any PSUs pursuant to this Agreement.
Appears in 3 contracts
Samples: Performance Stock Unit Agreement, Performance Stock Unit Agreement (Verizon Communications Inc), Performance Stock Unit Agreement (Verizon Communications Inc)
Arbitration. Except where otherwise provided for in the Contract, all questions and disputes relating Subject to the meaning right of the specificationseach party to seek specific performance (which right shall not be subject to arbitration), designs, drawings and instructions herein before mentioned and as to the quality if a dispute arises out of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever is in any way arising out of or relating related to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, this Agreement or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment asserted breach thereof, such dispute shall be referred to arbitration before the sole American Arbitration Association the (“AAA”) pursuant to the AAA’s National Rules for the Resolution of Employment Disputes (the “Arbitration Rules”). A dispute subject to the provisions of this section will exist if either party notifies the other party in writing that a dispute subject to arbitration exists and states, with reasonable specificity, the issue subject to arbitration (the "Arbitration Notice"). The parties agree that, after the issuance of the Chairman & Managing Director of Uranium Corporation of India LimitedArbitration Notice, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to parties will try in good faith between the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any date of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation issuance of the office of inability Arbitration Notice and the date the dispute is set for arbitration to act, shall appoint another person to act as arbitrator resolve the dispute by mediation in accordance with the terms Arbitration Rules. If the dispute is not resolved by the date set for arbitration, then any controversy or claim arising out of this Agreement or the Contract. Such person asserted breach hereof shall be entitled resolved by binding arbitration and judgment upon any award rendered by arbitrator(s) may be entered in a court having jurisdiction. In the event any claim or dispute involves an amount in excess of $100,000, either party may request that the matter be heard and resolved by a single arbitrator. The arbitrator shall have the same power to proceed with compel the reference from attendance of witnesses and to order the stage at which his predecessor left itproduction of documents or other materials and to enforce discovery as could be exercised by a United States District Court judge sitting in the Northern District of New York. It is also In the event of any arbitration, each party shall have a terms reasonable right to conduct discovery to the same extent permitted by the Federal Rules of this Contract Civil Procedure, provided that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, discovery shall be concluded within 90 days after the date the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons set for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator or arbitrators shall have the power to award reasonable attorneys’ fees to the prevailing party. Any provisions in this Agreement to the contrary notwithstanding, this section shall be deemed to governed by the Federal Arbitration Act and the parties have entered on the reference on the date he issues notice into this Agreement pursuant to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractAct.
Appears in 3 contracts
Samples: Employment Agreement (NBT Bancorp Inc), Employment Agreement (NBT Bancorp Inc), Employment Agreement (NBT Bancorp Inc)
Arbitration. Except where otherwise provided for in the Contract, all questions and disputes relating Subject to the meaning right of each party to seek specific performance (which right shall not be subject to arbitration) and to seek injunctive relief or other equitable relief in connection with or by reason of a breach or threatened breach of Section 4 (where the specificationsparty has elected not to pursue such relief in arbitration pursuant to this Section 15), designs, drawings and instructions herein before mentioned and as to the quality if a dispute arises out of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever is in any way related to this Agreement or the asserted breach thereof, such dispute shall be referred to arbitration before the American Arbitration Association the (“AAA”) pursuant to the AAA’s National Rules for the Resolution of Employment Disputes (the “Arbitration Rules”). A dispute subject to the provisions of this Section 15 will exist if either party notifies the other party in writing of a dispute that is subject to arbitration and states, with reasonable specificity, the nature of the dispute (the “Arbitration Notice”). Upon receipt, or issuance, as the case may be, of the Arbitration Notice, NBT Bank or NBTB shall promptly initiate the arbitration process pursuant to the Arbitration Rules. The parties agree that, after the issuance of the Arbitration Notice, the parties will try in good faith between the date of the issuance of the Arbitration Notice and the date the dispute is set for arbitration to resolve the dispute by mediation in accordance with the Arbitration Rules. If the dispute is not resolved by the date set for arbitration, then any controversy or claim arising out of or relating to this Agreement or the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksasserted breach hereof, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereofExecutive’s employment hereunder, shall be referred to the sole resolved by binding arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed Arbitration Rules and judgment upon any award rendered by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent be entered in a court having jurisdiction. In the event any claim or dispute involves an amount in excess of $100,000, either party may request that the parties enlarge the time, for making matter be heard and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitrationresolved by a single arbitrator. The arbitrator shall have the same power to compel the attendance of witnesses and to order the production of documents or other materials and to enforce discovery as could be deemed exercised by a United States District Court judge with jurisdiction over Chenango County, New York. In the event of any arbitration, each party shall have a reasonable right to conduct discovery to the same extent permitted by the Federal Rules of Civil Procedure, provided that discovery shall be concluded within ninety (90) days after the date an arbitrator is assigned to the matter. The arbitrator or arbitrators shall have the power to award reasonable attorneys’ fees to the prevailing party in accordance with applicable law or this Agreement. Any provisions in this Agreement to the contrary notwithstanding, this Section 15 shall be governed by the Federal Arbitration Act, and the parties have entered on the reference on the date he issues notice into this Agreement pursuant to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractact.
Appears in 3 contracts
Samples: Employment Agreement (NBT Bancorp Inc), Employment Agreement (NBT Bancorp Inc), Employment Agreement (NBT Bancorp Inc)
Arbitration. Except where otherwise provided for If any dispute or controversy arises under or in connection with this Agreement, is not resolved within a commercially reasonable time not to exceed sixty (60) days, then such dispute or controversy shall be settled exclusively by arbitration, conducted before a single neutral arbitrator at a location mutually agreed between the Contract, all questions Company and disputes relating to Executive within the meaning state of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as Company’s headquarters at such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator time in accordance with the terms Employment Arbitration Rules & Procedures of JAMS (“JAMS”) then in effect, in accordance with this Section 13(h), except as otherwise prohibited by any nonwaivable provision of applicable law or regulation. The parties hereby agree that the Contractarbitrator shall construe, interpret and enforce this Agreement in accordance with its express terms, and otherwise in accordance with the governing law as set forth in Section 13(a). Such person Judgment may be entered on the arbitration award in any court having jurisdiction, provided, however, that the either Party shall be entitled to proceed with seek a restraining order or injunction in any court of competent jurisdiction to prevent any continuation of any violation of the reference from the stage at which his predecessor left it. It is also a terms provisions of this Contract Agreement and Executive hereby consents that such restraining order or injunction may be granted without requiring the other Party to post a bond. Unless the parties otherwise agree, only individuals who are on the JAMS register of arbitrators shall be selected as an arbitrator. Additionally, except upon showing of cause each party shall have the right to propound no person more than 10 special interrogatories and requests for admission, and to take the deposition of one individual and any expert witness designated by the other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at allparty. In all cases where the amount Within 20 days of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and aboveconclusion of the arbitration hearing, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions prepare written findings of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof fact and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clauseconclusions of law. It is a term of the Contract mutually agreed that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The written decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard workarbitrator shall be valid, which may be decided to be acceptedbinding, will be final and would not enforceable by any court of competent jurisdiction. In the event action is brought pursuant to this Section 13(h), the arbitrator shall have authority to award fees and costs to the prevailing party, in accordance with applicable law. If in the opinion of the arbitrator there is no prevailing party, then each party shall pay its own attorney’s fees and expenses. Both Executive and the Company expressly waive their right to a jury trial. Nothing in this subsection shall be open construed as precluding the bringing of an action for injunctive relief or specific performance as provided in this Agreement. This dispute resolution process and any arbitration hereunder shall be confidential and neither any Party nor the arbitrator shall disclose the existence, contents or results of such process without the prior written consent of all Parties, except where necessary or compelled in a Court to enforce this arbitration provision or an award from such arbitration or otherwise in a legal proceeding. Notwithstanding the foregoing, Executive and the Company each have the right to resolve any issue or dispute over intellectual property rights by Court action instead of arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date Company may also enjoin by Court action any breach of the first hearing. The venue of Arbitration shall be such place Sections 5-6 or 7 as may be fixed permitted by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractSection 8.
Appears in 3 contracts
Samples: Employment Agreement (DENTSPLY SIRONA Inc.), Employment Agreement (Dentsply International Inc /De/), Employment Agreement (Sirona Dental Systems, Inc.)
Arbitration. Except where otherwise provided for If a dispute arises out of or relates to this Agreement, or the breach thereof, and if said dispute cannot be settled through negotiation, the Parties agree first to try in good faith to settle the Contractdispute by mediation under the Commercial Mediation Rules of the American Arbitration Association, all questions and disputes before resorting to arbitration, litigation, or some other dispute resolution procedure as required by this (S) 9(N). Failing an adequate resolution by mediation, any controversy or claim arising out of or relating to this Agreement or the meaning of the specificationstransactions contemplated hereby, designs, drawings and instructions herein before mentioned and as to the quality of workmanship including any controversy or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way claim arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure Parties' decision to execute the same, whether arising during the progress of the work or after the completion or abandonment thereofenter into this Agreement, shall be referred settled by binding arbitration. There shall be one arbitrator to be mutually agreed upon by the sole arbitration Parties involved in the controversy and to be selected from the National Panel of Commercial Arbitrators (or successor panel, if any). If within 45 days after service of the Chairman & Managing Director of Uranium Corporation of India Limiteddemand for arbitration the Parties are unable to agree upon such an arbitrator who is willing to serve, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person then an arbitrator shall be appointed by the Chairman & Managing DirectorAmerican Arbitration Association in accordance with its rules. Except as specifically provided in this (S) 9(N), willing to act as such arbitrator. There will the arbitration shall be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator conducted in accordance with the terms Commercial Arbitration Rules of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the American Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitrationAssociation. The arbitrator shall not render an award of punitive damages. Any arbitration hereunder shall be deemed held in Orange County, California. Expenses related to have entered on the reference on arbitration, including counsel fees, shall be borne by the date he issues notice Party incurring such expenses except to both the parties fixing the date extent otherwise provided herein. The fees of the first hearingarbitrator and of the American Arbitration Association, if any, shall be divided equally among the Parties involved in the controversy. Judgment upon the award rendered by the arbitrator (which may, if deemed appropriate by the arbitrator, include equitable or mandatory relief with respect to performance of obligations hereunder) may be entered in any court of competent jurisdiction. The venue arbitrator shall award the prevailing Party in any arbitration proceeding recovery of Arbitration shall be such place as may be fixed by its attorneys' fees and other costs in connection with the Arbitrator, in his sole discretion. The award of arbitration from the Arbitrator shall be final, conclusive and binding all the parties to this Contractnon-prevailing Party.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Us Legal Support Inc), Stock Purchase Agreement (Us Legal Support Inc), Stock Purchase Agreement (Us Legal Support Inc)
Arbitration. Except where otherwise provided for All appeals from determinations by the EB Committee as described in the Contractparagraph (b) above, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereofUnits Damages Dispute, shall be referred fully and finally settled by arbitration administered by the American Arbitration Association (“AAA”) on an individual basis (and not on a collective or class action basis) before a single arbitrator pursuant to the sole AAA’s Commercial Arbitration Rules in effect at the time any such arbitration is initiated. Any such arbitration must be initiated in writing pursuant to the aforesaid rules of the Chairman & Managing Director AAA no later than one year from the date that the claim accrues, except where a longer limitations period is required by applicable law. Decisions about the applicability of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed limitations period contained herein shall be made by the Chairman & Managing Director, willing to act as such arbitrator. There will A copy of the AAA’s Commercial Arbitration Rules may be no objection if obtained from Human Resources. The Participant agrees that the arbitrator so appointed is an employee arbitration shall be held at the office of Uranium Corporation the AAA nearest the place of India Limitedthe Participant’s most recent employment by the Company or a Related Company, Jaduguda and that he had unless the parties agree in writing to deal with a different location. All claims by the matters to which Company or a Related Company against the Contract relates and that in the course Participant, except for breaches of his duties as such he had expressed views on all or any of the matters Participant’s Obligations, may also be raised in such arbitration proceedings.
(i) The arbitrator shall have the authority to determine whether any dispute or differencesubmitted for arbitration hereunder is arbitrable. The arbitrator shall decide all issues submitted for arbitration according to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the ContractPlan, this Agreement (except for breaches of any of the Participant’s Obligations), existing Company policy, and applicable substantive New York State and U.S. federal law and shall have the authority to award any remedy or relief permitted by such laws. Such person The final decision of the EB Committee with respect to a Plan Dispute shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by upheld unless such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 decision was arbitrary or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the awardcapricious. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive conclusive, not subject to appeal, and binding all the parties and enforceable in any applicable court.
(ii) The Participant understands and agrees that, pursuant to this ContractAgreement, both the Participant and the Company or a Related Company waive any right to xxx each other in a court of law or equity, to have a trial by jury, or to resolve disputes on a collective, or class, basis (except for breaches of any of the Participant’s Obligations), and that the sole forum available for the resolution of Units Award Disputes and Units Damages Disputes is arbitration as provided in this paragraph 25. If an arbitrator or court finds that the arbitration provisions of this Agreement are not enforceable, both Participant and the Company or a Related Company understand and agree to waive their right to trial by jury of any Units Award Dispute or Units Damages Dispute. This dispute resolution procedure shall not prevent either the Participant or the Company or a Related Company from commencing an action in any court of competent jurisdiction for the purpose of obtaining injunctive relief to prevent irreparable harm pending and in aid of arbitration hereunder; in such event, both the Participant and the Company or a Related Company agree that the party who commences the action may proceed without necessity of posting a bond.
(iii) In consideration of the Participant’s agreement in paragraph (ii) above, the Company or a Related Company will pay all filing, administrative and arbitrator’s fees incurred in connection with the arbitration proceedings. If the AAA requires the Participant to pay the initial filing fee, the Company or a Related Company will reimburse the Participant for that fee. All other fees incurred in connection with the arbitration proceedings, including but not limited to each party’s attorney’s fees, will be the responsibility of such party.
(iv) The parties intend that the arbitration procedure to which they hereby agree shall be the exclusive means for resolving all Units Award Disputes (subject to the mandatory EB Committee procedure provided for in paragraph 25(b) above) and Units Damages Disputes. Their agreement in this regard shall be interpreted as broadly and inclusively as reason permits to realize that intent.
(v) The Federal Arbitration Act (“FAA”) shall govern the enforceability of this paragraph 25. If for any reason the FAA is held not to apply, or if application of the FAA requires consideration of state law in any dispute arising under this Agreement or subject to this dispute resolution provision, the laws of the State of New York shall apply without giving effect to the conflicts of laws provisions thereof.
(vi) To the extent an arbitrator determines that the Participant was not terminated for Cause and is entitled to the RSUs or any other benefits under the Plan pursuant to the provisions applicable to an involuntary termination without Cause, the Participant’s obligation to execute a release satisfactory to Verizon as provided under paragraph 7(b)(2) shall remain applicable in order to receive the benefit of any RSUs pursuant to this Agreement.
Appears in 3 contracts
Samples: Restricted Stock Unit Agreement, Restricted Stock Unit Agreement (Verizon Communications Inc), Restricted Stock Unit Agreement (Verizon Communications Inc)
Arbitration. Except where otherwise provided for in the Contract(a) Any dispute, all questions and disputes relating to the meaning of the specificationscontroversy, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way claim arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksthis Agreement, or the execution breach, termination or failure to execute the sameinvalidity hereof, whether including claims for tortious interference or other tortious or statutory claims arising before, during the progress of the work or after the completion or abandonment thereoftermination, providing only that such claim touches upon matters covered by this contract, shall be referred finally settled by arbitration administered by the American Arbitration Association (“AAA”) pursuant to the Commercial Arbitration Rules as presently in force, except as modified by the specific provisions of this Agreement. The parties expressly agree that nothing in this Agreement shall prevent the parties from applying to a court that would otherwise have jurisdiction over the parties for provisional or interim measures, including injunctive relief. After the arbitration panel is empaneled, it shall have sole jurisdiction to hear such applications, except that the parties agree that any measures ordered by the arbitrators may be immediately and specifically enforced by a court otherwise having jurisdiction over the parties. The parties agree that judgment on the arbitration award may be entered by any court having jurisdiction thereof.
(b) The parties agree that the federal and state courts located in Houston, Texas shall have exclusive jurisdiction over an action brought to enforce the rights and obligations created in or arising from this Agreement to arbitrate, and each of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act parties hereto irrevocably submits to the sole arbitrationjurisdiction of said courts. Notwithstanding the above, application may be made by a party to any court of some other competent jurisdiction wherever situated for enforcement of any judgment and the entry of whatever orders are necessary for such enforcement. Process in any action arising out of or relating to this Agreement may be served on any party to the Agreement anywhere in the world by delivery in person appointed against receipt or by registered or certified mail, return receipt requested.
(c) The arbitration shall be conducted before a tribunal composed of three neutral arbitrators drawn from, in the first instance, the Texas Large Complex Claims panel and then, if necessary, from the Commercial panel. Each arbitrator shall sign an oath agreeing to be bound by the Chairman & Managing DirectorCode of Ethics for Arbitrators in Commercial Disputes promulgated by the AAA for Neutral Arbitrators. It is the intent of the parties to avoid the appearance of impropriety due to bias or partiality on the part of any arbitrator. Prior to his or her formal appointment, willing each arbitrator shall disclose to act the parties and to the other members of the tribunal, any financial, fiduciary, kinship or other relationship between that arbitrator and any party or its counsel, or between that arbitrator and any individual or entity with any financial, fiduciary, kinship or other relationship with any party. For the purposes of this Agreement, “appearance of impropriety” shall be defined as such arbitrator. There will be no objection if relationship or behavior as would cause a reasonable person to believe that bias or partiality on the part of the arbitrator so appointed is an employee may exist in favor of Uranium Corporation any party. Any award or portion thereof, whether preliminary or final, shall be in a written opinion containing findings of India Limited, Jaduguda fact and that he had to deal with the matters to which the Contract relates and that in the course conclusions of his duties as such he had expressed views on all or any of the matters in dispute or differencelaw signed by each arbitrator. The arbitrator dissenting from an award or portion thereof shall issue a dissent from the award or portion thereof in writing, stating the reasons for his or her dissent. The arbitrators shall hear and determine any preliminary issue of law asserted by a party to whom be dispositive of any claim, in whole or part, in the matter manner of a court hearing a motion to dismiss for failure to state a claim or for summary judgment, pursuant to such terms and procedures as the arbitrators deem appropriate.
(d) It is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation intent of the office of inability to actparties that, barring extraordinary circumstances, any arbitration hearing shall appoint another person to act as arbitrator in accordance with the terms be concluded within two months of the Contractdate the statement of claim is received by the AAA. Such person Unless the parties otherwise agree, once commenced, hearings shall be held 5 days a week, with each hearing day to begin at 9:00 A.M. and to conclude at 5:00 P.M. The parties may upon agreement extend these time limits, or the chairman of the panel may extend them if he or she determines that the interests of justice otherwise require. The arbitrators shall use their best efforts to issue the final award or awards within a period of 30 days after closure of the proceedings. Failure to do so shall not be a basis for challenging the award. The parties and arbitrators shall treat all aspects of the arbitration proceedings, including without limitation, discovery, testimony and other evidence, briefs and the award, as strictly confidential. The place of arbitration shall be Houston, Texas, U.S.A. unless otherwise agreed by the parties.
(e) The parties agree that discovery shall be limited and shall be handled expeditiously. Discovery procedures available in litigation before the courts shall not apply in an arbitration conducted pursuant to this Agreement. However, each party shall produce relevant and non-privileged documents or copies thereof requested by the other parties within the time limits set and to the extent required by order of the arbitrators. All disputes regarding discovery shall be promptly resolved by the arbitrators. No witness or party may be required to waive any privilege recognized at law. The parties hereby waive any claim to any damages in the nature of punitive, exemplary or statutory damages in excess of compensatory damages, or any form of damages in excess of compensatory damages, and the arbitration tribunal is specially divested of any power to award any damages in the nature of punitive, exemplary or statutory damages in excess of compensatory damages, or any form of damages in excess of compensatory damages. Except as provided in Section 5(d), the party prevailing on substantially all of its claims shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Directorrecover its costs, as aforesaid should act as arbitrator and if for any reasonincluding attorneys’ fees, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaidarbitration proceedings, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard workany ancillary proceeding, which may be decided including a proceeding to be acceptedcompel arbitration, will be final and would not be open to arbitration. The arbitrator shall be deemed request interim measures or to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractconfirm or set aside an award.
Appears in 3 contracts
Samples: Employment Agreement (Mens Wearhouse Inc), Employment Agreement (Mens Wearhouse Inc), Employment Agreement (Mens Wearhouse Inc)
Arbitration. Except where otherwise provided for in the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship Any claim or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way controversy arising out of or relating to the Contractthis Agreement or any breach thereof shall be settled by arbitration if such claim or controversy is not settled pursuant to Section 18(h) hereof. The venue for any such arbitration shall be Dallas, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksTexas, or such other location as the execution or failure to execute the sameparties may mutually agree. Except as expressly set forth herein, whether arising during the progress of the work or after the completion or abandonment thereof, all arbitration proceedings under this Section 18(i) shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator undertaken in accordance with the terms Commercial Arbitration Rules of the ContractAmerican Arbitration Association (the “AAA”) then in force. Such person Only individuals who are (i) lawyers engaged full-time in the practice of law and (ii) on the AAA register of arbitrators shall be entitled to proceed selected as an arbitrator. There shall be one arbitrator who shall be chosen in accordance with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount rules of the claim in dispute is RsAAA. 50,000/-(Rupees Fifty ThousandWithin twenty (20) and abovedays of the conclusion of the arbitration hearing, the arbitrator shall give reasons for prepare written findings of fact and conclusions of law. Judgment on the award. Subject as aforesaid, the provisions written award may be entered and enforced in any court of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clausecompetent jurisdiction. It is a term of the Contract mutually agreed that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The written decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard workarbitrator shall be valid, which may be decided to be acceptedbinding, will be final and would non-appealable; provided however, that the parties hereto agree that the arbitrator shall not be open empowered to award punitive damages against any party to such arbitration. The arbitrator shall require the non-prevailing party to pay the arbitrator’s full fees and expenses or, if in the arbitrator’s opinion there is no prevailing party, the arbitrator’s fees and expenses will be deemed to have entered on the reference on the date he issues notice to both borne equally by the parties fixing thereto. In the date event action is brought to enforce the provisions of this Agreement pursuant to this Section 18(i), the non-prevailing parties shall be required to pay the reasonable attorneys’ fees and expenses of the first hearing. The venue of Arbitration shall be such place as may be fixed by prevailing parties, except that if in the Arbitrator, in his sole discretion. The award opinion of the Arbitrator court or arbitrator deciding such action there is no prevailing party, each party shall be final, conclusive pay its own attorneys’ fees and binding all the parties to this Contractexpenses. I HAVE READ THIS AGREEMENT CAREFULLY. I ACKNOWLEDGE THAT THIS AGREEMENT DESCRIBES THE BASIC LEGAL AND ETHICAL RESPONSIBILITIES THAT I AM REQUIRED TO OBSERVE AS AN EMPLOYEE EXPOSED TO HIGHLY SENSITIVE TECHNOLOGY AND STRATEGIC INFORMATION.
Appears in 3 contracts
Samples: Employment Agreement (Shea Development Corp.), Employment Agreement (Shea Development Corp.), Employment Agreement (Shea Development Corp.)
Arbitration. Except where otherwise provided as set forth in Section 3.1, any disputes arising under or in connection with this Agreement, including, without limitation, those involving claims for in specific performance or other equitable relief, will be submitted to binding arbitration under the Contract, all questions and disputes relating to the meaning Commercial Arbitration Rules of the specificationsAmerican Arbitration Association (the "AAA Rules") under the authority of federal and state arbitration statutes, designs, drawings and instructions herein before mentioned and as to shall not be the quality subject of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever litigation in any way arising out of or relating to forum. EXCEPT AS SET FORTH IN SECTION 3.1, EACH PARTY, BY SIGNING THIS AGREEMENT, VOLUNTARILY, KNOWINGLY AND INTELLIGENTLY WAIVES ANY RIGHTS SUCH PARTY MAY OTHERWISE HAVE TO SEEK REMEDIES IN COURT OR OTHER FORUMS, INCLUDING THE RIGHT TO JURY TRIAL. The arbitration will be conducted only in Denver, Colorado, before a single arbitrator from the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress staff of the work or after the completion or abandonment thereofJudicial Arbiter Group, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed Inc. ("JAG") selected by the Chairman & Managing Directorparties to such arbitration (or, willing to act as such arbitrator. There will be if JAG is no objection if longer in existence, before a single arbitrator selected by the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator parties in accordance with the terms AAA Rules) or, if they are unable to agree on an arbitrator, before a panel of three arbitrators selected from the Contract. Such person shall be entitled to proceed staff of JAG (or, if JAG is no longer in existence, before a panel of three arbitrators selected in accordance with the reference from AAA Rules), one selected by the stage at which his predecessor left itEmployee, one selected by the Employer and the third selected by the other two arbitrators. It is also a The arbitrators shall have full authority to order specific performance and award damages and other relief available under this Agreement or applicable law, but shall have no authority to add to, detract from, change or amend the terms of this Contract that no person other than a person appointed Agreement (except as otherwise contemplated by such Chairman & Managing DirectorSection 3.5) or existing law. All arbitration proceedings, as aforesaid should act as arbitrator including settlements and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in forceawards, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the awardconfidential. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, arbitrators will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered binding, and judgment on the reference on award by the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as arbitrators may be fixed by the Arbitrator, entered in his sole discretionany court of competent jurisdiction. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractTHIS SUBMISSION AND AGREEMENT TO ARBITRATE WILL BE SPECIFICALLY ENFORCEABLE.
Appears in 3 contracts
Samples: Nonqualified Stock Option Agreement (Rentx Industries Inc), Nonqualified Stock Option Agreement (Rentx Industries Inc), Nonqualified Stock Option Agreement (Rentx Industries Inc)
Arbitration. Except where otherwise provided The sole and exclusive method for resolving all disputes under, arising out of, related to, or in connection with this Agreement shall be binding arbitration in New York, New York, in a proceeding administered by the ContractNew York, all questions and disputes relating to the meaning New York Office of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator American Arbitration Association (“AAA”) in accordance with the terms Commercial Dispute Resolution and Procedures of the ContractArbitration Rules of the AAA (the “Rules”). Such person The arbitration shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also conducted by a terms of this Contract that no person other than a person single arbitrator jointly appointed by such Chairman & Managing Directorthe parties; provided, as aforesaid should act as arbitrator and if for any reasonhowever, that is not possible, if the matter is not parties fail after good faith negotiation to be referred to arbitration at all. In all cases where agree on the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousandarbitrator within thirty (30) and abovedays after one party’s call for arbitration, the arbitrator shall give reasons be appointed by the AAA in accordance with the Rules. Disputes about arbitration procedure shall be resolved by the arbitrator. The arbitrator may proceed to an award notwithstanding the failure of either party to participate in the proceedings. Discovery shall be limited to mutual exchange of documents relevant to the dispute, controversy or claim; more than two depositions per party shall not be permitted unless the parties otherwise agree or unless compelling need is demonstrated to the arbitrator. The arbitrator shall be authorized to grant interim relief, including to prevent the destruction of goods or documents involved in the dispute and to provide for the security for a prospective monetary award. Subject as aforesaid, The arbitrator shall render his decision within thirty (30) days following the provisions date of the Arbitration Actinitial evidentiary hearing and shall set forth a statement of facts, 1940 or his conclusions of law, and his reasoning in writing. Each party shall bear all of its own costs and expenses related to any statutory modification or re-enactment thereof arbitration pursuant to this Section 23, including reasonable fees and costs of attorneys and experts and the rules made there under fees and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term costs of the Contract that arbitrator, and the prevailing party invoking arbitration shall specify the dispute or disputes not be entitled to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each recover any such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation costs and expenses from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the awardnon-prevailing party. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will arbitrator shall be final and would not be open to arbitrationbinding. The arbitrator prevailing party shall be deemed entitled to apply to, and obtain from, a court or tribunal having jurisdiction, an order enforcing the arbitrator’s decision. Notwithstanding anything contained in this Section 23 to the contrary, each party shall have entered on the reference on right to institute judicial proceedings against the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be other party or anyone acting by, through or under such place as may be fixed by the Arbitratorother party, in his sole discretion. The award order to enforce the instituting party’s rights through reformation of contract, specific performance, injunction or similar equitable relief, and this Section 23 shall not limit the Arbitrator shall be final, conclusive and binding all remedies granted the parties to this ContractCompany in Section 7(k).
Appears in 3 contracts
Samples: Employment Agreement (Cumulus Media Inc), Employment Agreement (Cumulus Media Inc), Employment Agreement (Cumulus Media Inc)
Arbitration. (a) Except where otherwise as provided for in Section 7(c) below, both the Contract, all questions Company and disputes relating to the meaning of the specifications, designs, drawings you acknowledge and instructions herein before mentioned and as to the quality of workmanship agree that any dispute or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way controversy arising out of of, relating to, or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksin connection with this Agreement, or the execution interpretation, validity, construction, performance, breach, or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment termination thereof, shall be referred settled by binding arbitration unless otherwise required by law, to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limitedbe held in Richmond, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator Virginia in accordance with the terms National Rules for the Resolution of Employment Disputes then in effect of the ContractAmerican Arbitration Association. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person The arbitrator may grant injunctions or other than a person appointed by relief in such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the awardcontroversy. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. The party against whom the arbitrator(s) shall render an award shall pay the other party’s reasonable attorneys’ fees and other reasonable costs and expenses in connection with the enforcement of its rights under this ContractAgreement (including the enforcement of any arbitration award in court), unless and to the extent the arbitrator(s) shall determine that under the circumstances recovery by the prevailing party of all or a part of any such fees and costs and expenses would be unjust.
(b) The arbitrator(s) shall apply Virginia law to the merits of any dispute or claim, without reference to rules of conflicts of law. You hereby consent to the personal jurisdiction of the state and federal courts located in Virginia for any action or proceeding arising from or relating to this Agreement or relating to any arbitration in which the parties are participants.
(c) The parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, without breach of this arbitration agreement and without abridgment of the powers of the arbitrator.
(d) YOU HEREBY CONFIRM YOU HAVE READ AND UNDERSTAND THIS SECTION 7, WHICH DISCUSSES ARBITRATION, AND UNDERSTAND THAT BY SIGNING THIS AGREEMENT, YOU AGREE, EXCEPT AS PROVIDED IN SECTION 7(c), TO SUBMIT ANY CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH OR TERMINATION THEREOF TO BINDING ARBITRATION, UNLESS OTHERWISE REQUIRED BY LAW, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF YOUR RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF YOUR RELATIONSHIP WITH THE COMPANY.
Appears in 3 contracts
Samples: Employment Agreement (Union Bankshares Corp), Employment Agreement (Union First Market Bankshares Corp), Employment Agreement (Union First Market Bankshares Corp)
Arbitration. Except where as provided in Section 13, if any legally actionable dispute arises under this Agreement or otherwise provided for which cannot be resolved by mutual discussion between the parties, then the Company and Executive each agree to resolve that dispute by binding arbitration before an arbitrator experienced in employment law. Any arbitration hereunder shall be conducted in accordance with the Judicial Arbitration and Mediation Services (“JAMS”) Employment Arbitration Rules in effect at the time of the arbitration (the “JAMS Rules”) and the law applicable to the claim(s) asserted therein. The parties shall have fifteen (15) calendar days after JAMS issues a Commencement Letter (as defined in the Contract, all questions and disputes relating JAMS Rules) to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as attempt to the quality of workmanship or materials used agree on the work selection of an arbitrator from the JAMS roster. In the event the parties are unable to agree in such time, JAMS will provide a list of five (5) qualified and available arbitrators, and an arbitrator will be selected from that list by the parties alternately striking out one name of a potential arbitrator until only one name remains. The party entitled to strike an arbitrator first shall be selected by a coin toss. The parties agree that this agreement to arbitrate includes any claims that the Company may have against Executive, or as to any other questionthat Executive may have against the Company and/or its related entities and/or employees, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contractthis Agreement, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksExecutive’s employment, or Executive’s termination, including but not limited to any claims of discrimination or harassment in violation of applicable law and any other aspect of Executive’s compensation, employment, or termination. The parties further agree that arbitration as provided for in this Section 16(g) is the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda exclusive and if the Chairman binding remedy for any such dispute and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if used instead of any court action, and the arbitrator so appointed is an employee of Uranium Corporation of India Limitedparties hereby expressly waive any rights to litigate claims covered by this agreement to arbitrate in a court or other venue, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all except for (i) a request by any party for temporary, preliminary or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator permanent injunctive relief pending arbitration in accordance with applicable law; (ii) breaches by Executive of Executive’s obligations under Sections 11, 12, 14 or 15 hereof; or (iii) an administrative claim with an administrative agency. The parties agree that the terms arbitrator shall have the authority to and shall determine all gateway issues related to any dispute submitted to arbitration hereunder, including but not limited to the jurisdiction of the Contractarbitrator, the arbitrability of any dispute (including the scope, validity, or enforceability of this agreement to arbitrate), and the proper or permissible parties to any such arbitration. Such person The parties further agree that the arbitrator shall be entitled empowered to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Directoraward damages and/or equitable relief, as aforesaid should act as arbitrator and if appropriate. Any arbitration provided for herein shall be conducted in or around Morristown, New Jersey, unless otherwise mutually agreed. The Company shall pay the cost of any reasonarbitration brought pursuant to this paragraph, that is not possibleexcluding, however, the matter costs of Executive’s representation in the arbitration (including but not limited to the fees and costs of Executive’s attorneys, advisors, experts, and other service providers), unless such cost is not to be referred to arbitration at allawarded in accordance with law or otherwise awarded by the arbitrator. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and Except as otherwise provided above, the arbitrator may award legal fees to the prevailing party in the arbitrator’s sole discretion; provided that the percentage of fees so awarded shall give reasons for not exceed 1% of the award. Subject as aforesaidnet worth of the paying party (i.e., the provisions Company or Executive). Judgment upon any resulting arbitration award may be entered in any federal or state court of competent jurisdiction. Neither a party nor the Arbitration Actarbitrator may disclose the existence, 1940 content, or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect outcome of any claim(s) in writing within 90 days of receiving arbitration hereunder without the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released prior written consent of all liabilities under parties to the Contract in respect of these claims. The arbitrator(sarbitration, except (1) may from time to time with consent of the parties enlarge the time, for making as provided by Section 10 hereof; and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place (2) as may be fixed required by law, including for purposes of entering judgment upon or enforcing the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractarbitrator’s award.
Appears in 3 contracts
Samples: Employment Agreement (Bausch & Lomb Corp), Employment Agreement (Bausch & Lomb Corp), Employment Agreement (Bausch & Lomb Corp)
Arbitration. Except where otherwise provided for in Any dispute or controversy between the ContractCompany and Executive, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way whether arising out of or relating to this Agreement, the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksbreach of this Agreement, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereofotherwise, shall be referred to the sole settled by arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed administered by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator American Arbitration Association (“AAA”) in accordance with its National Rules for the terms Resolution of Employment Disputes then in effect, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any arbitration shall be held before a single arbitrator who shall be selected by the mutual agreement of the Contract. Such person shall be entitled Company and Executive, unless the parties are unable to proceed with the reference from the stage at agree to an arbitrator, in which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and abovecase, the arbitrator shall give reasons for will be selected under the award. Subject as aforesaid, the provisions procedures of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitrationAAA. The arbitrator shall have the authority to award any remedy or relief that a court of competent jurisdiction could order or grant, including, without limitation, the issuance of an injunction. However, either party may, without inconsistency with this arbitration provision, apply to any court having jurisdiction over such dispute or controversy and seek interim provisional, injunctive or other equitable relief until the arbitration award is rendered or the controversy is otherwise resolved. Except as necessary in court proceedings to enforce this arbitration provision or an award rendered hereunder, or to obtain interim relief, neither a party nor an arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of the Company and Executive. The Company and Executive acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding any choice of law provision included in this Agreement, the United States Federal Arbitration Act shall govern the interpretation and enforcement of this arbitration provision. The arbitration proceeding shall be deemed conducted in Des Moines, Iowa, or such other location to have entered on the reference on the date he issues notice to both which the parties fixing the date of the first hearingmay agree. The venue of Arbitration Company shall be such place as may be fixed responsible for the costs of any arbitrator appointed hereunder and the underlying expenses imposed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractAmerican Arbitration Association.
Appears in 3 contracts
Samples: Employment Agreement (Federal Home Loan Bank of Des Moines), Employment Agreement (Federal Home Loan Bank of Des Moines), Employment Agreement (Federal Home Loan Bank of Des Moines)
Arbitration. Except where otherwise provided for in the ContractEXECUTIVE and EMPLOYER knowingly and voluntarily agree to submit to binding arbitration any claims, all questions and disputes relating to the meaning of the specificationsdisputes, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way controversies arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders this employment relationship or these conditions or otherwise concerning the worksthis Agreement, or alleged breach thereof, including any present or future claim of employment discrimination by EXECUTIVE under either federal or state law. Although workers' compensation issues are not within the execution scope of this provision, workers' compensation retaliation claims are intended to be arbitrable. Arbitration shall serve as the exclusive forum for claims described above, with the exception that EMPLOYER need not submit issues relating to a breach or failure threatened breach of Sections 9 or 10 to execute arbitration. Any arbitration under this Section must be instituted within the same, whether arising during applicable statute of limitations governing the progress dispute under state or federal law. The laws of the work or after State of Tennessee shall govern all issues relating to such arbitration, including but not limited to, the completion or abandonment thereofapplicability and enforceability of this arbitration provision, without reference to the choice of law doctrine of such state. Such arbitration shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limitedconducted in Nashville, Jaduguda and if the Chairman and Managing Director is unable Tennessee (or unwilling to act to the sole arbitration, of some such other person appointed location designated by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator EMPLOYER) in accordance with the terms governing rules of the ContractFederal Mediation and Conciliation Service ("FMCS") then in effect, except for any rule in conflict with this Section. Such person If for any reason FMCS cannot provide a panel from which to select an arbitrator, EMPLOYER may utilize any other arbitrator selection services, including the American Arbitration Association. One arbitrator shall be entitled selected, using an alternating-strike method, from a list of arbitrators provided by FMCS. EXECUTIVE and EMPLOYER will have the right of representation of their own choosing at such hearing as well as the right to proceed with present and cross examine witnesses and to submit relevant evidence. Both parties shall have the reference from right, unless waived at the stage at which his predecessor left ithearing, to file a post-hearing brief and the selected arbitrator shall not limit this right. It is also a terms Judgment may be entered on the arbitrator's award in any court of this Contract that no person other than a person appointed competent jurisdiction. The arbitrator shall have full and complete power to settle any claim presented, including any federal or state claim of employment discrimination or retaliation by such Chairman & Managing DirectorEXECUTIVE, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at allfashion an appropriate remedy. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and aboveHowever, the arbitrator shall give reasons not have the power to amend or modify this Agreement. In any dispute concerning the termination of EXECUTIVE, the arbitrator may not award reinstatement or any other remedy unless he or she determines that EMPLOYER was not entitled to terminate EXECUTIVE under this Agreement. Fees and costs for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and split equally between the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the timeparties; however, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, each party will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractresponsible for their own attorney's fees.
Appears in 3 contracts
Samples: Employment Agreement (Central Parking Corp), Employment Agreement (Central Parking Corp), Employment Agreement (Central Parking Corp)
Arbitration. Except where otherwise provided for in the Contracti. Any controversy, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship dispute or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way claim arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, this Agreement or the execution or failure to execute breach hereof which cannot be settled by mutual agreement will be finally settled by binding arbitration in the sameCommonwealth of Massachusetts, whether arising during under the progress jurisdiction of the work American Arbitration Association or after the completion or abandonment thereofother mutually agreeable alternative arbitration dispute resolution service, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person before a single arbitrator appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms arbitration rules of the ContractAmerican Arbitration Association or other selected service, modified only as herein expressly provided. Such person shall be entitled The arbitrator may enter a default decision against any party who fails to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim participate in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the awardproceedings.
ii. The decision of the Engineerarbitrator on the points in dispute will be final, non-in-charge regarding appealable and binding, and judgment on the quantum of reduction as well as justification thereof in respect of rates for substandard work, which award may be decided to be accepted, entered in any court having jurisdiction thereof.
iii. The fees and expenses of the arbitrator will be final shared equally by the parties, and would not be open each party will bear the fees and expenses of its own attorney; provided that, to arbitrationthe extent the arbitrator determines you have prevailed on at least one material issue involved in any dispute commencing during the Change in Control Protection Period, the Company shall reimburse you for all reasonable attorneys’ fees in connection with such Dispute.
iv. The arbitrator shall parties agree that this Section 13(f) has been included to resolve any disputes between them with respect to this Agreement, and that this Section 13(f) will be deemed grounds for dismissal of any court action commenced by either party with respect to have entered on this Agreement, other than post-arbitration actions seeking to enforce an arbitration award or actions seeking an injunction or temporary restraining order. In the reference on the date he issues notice event that any court determines that this arbitration procedure is not binding, or otherwise allows any litigation regarding a dispute, claim, or controversy covered by this Agreement to both proceed, the parties fixing hereto hereby waive, to the date of the first hearing. maximum extent allowed by law, any and all right to a trial by jury in or with respect to such litigation.
v. The venue of Arbitration shall be such place parties will keep confidential, and will not disclose to any person, except as may be fixed required by law or the Arbitrator, in his sole discretion. The award rules and regulations of the Arbitrator shall be finalSecurities and Exchange Commission or other government agencies, conclusive and binding all the parties existence of any controversy hereunder, the referral of any such controversy to this Contractarbitration or the status or resolution thereof.
Appears in 3 contracts
Samples: Employment Agreement (Marimed Inc.), Employment Agreement (Marimed Inc.), Employment Agreement (Marimed Inc.)
Arbitration. Except where otherwise provided for a. All disputes under this Agreement shall be settled by arbitration in the ContractMiami, all questions and disputes relating Florida, before a single arbitrator pursuant to the meaning employment rules of arbitration (the “AAA Rules”) of the specifications, designs, drawings and instructions herein before mentioned and as American Arbitration Association (the “AAA”). Arbitration may be commenced at any time by any party hereto giving written notice (the “Arbitration Notice”) to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be party that such dispute has been referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or differenceunder this Section 7. The arbitrator to whom shall be selected by the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation joint agreement of the office of inability to actCorporation and Officer, shall appoint another person to act as arbitrator in accordance with but if they do not so agree within 20 days after the terms date of the Contract. Such person giving of the Arbitration Notice, the selection shall be entitled made pursuant to proceed with the reference AAA Rules from the stage at which his predecessor left itpanels of arbitrators maintained by the AAA. It is also a terms of this Contract that no person other than a person appointed Any award rendered by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give be conclusive and binding upon the parties hereto and not subject to appeal; provided, however, that any such award shall be accompanied by a written opinion of the arbitrator giving the reasons for the award. Subject as aforesaid, This provision for arbitration shall be specifically enforceable by the provisions parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The expenses of the Arbitration Actarbitrator shall initially be shared equally by the parties; provided, 1940 however, that the arbitrator shall award to the prevailing party all fees and expenses (including, without limitation, attorneys’ fees and expenses and expenses of the arbitrator) incurred by such prevailing party in connection with the arbitration. The prevailing party shall also be entitled to recover from the non-prevailing party reasonable attorneys’ fees (including, without limitation, all such fees, costs and expenses incident to appellate, bankruptcy and post-judgment proceedings) incurred as a result of any judicial proceedings relating to the specific enforcement of this Section 7 or judgment upon the award rendered by the arbitrator hereunder, in addition to any statutory modification or re-enactment thereof other relief to which the prevailing party may be entitled. For purposes of this Section 7, “attorneys’ fees” shall include, without limitation, paralegal fees, investigative fees, administrative costs and all other charges billed by the rules made there under and for attorney to the prevailing party.
b. Notwithstanding subsection a. of this Section 7, to the extent that arbitration of a dispute hereunder is not legally permitted such that the parties to such dispute are prohibited at the time being of such dispute from mutually agreeing to submit such dispute to arbitration, either party may commence a civil action in force, shall apply the arbitration proceeding under this clause. It is a term court of the Contract that the party invoking arbitration shall specify the dispute or disputes appropriate jurisdiction to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each resolve such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration The prevailing party in respect of any claim(s) in writing within 90 days of receiving the intimation such proceedings shall be entitled to recover from the Corporation non-prevailing party reasonable attorneys’ fees (including, without limitation, all such fees, costs and expenses incident to appellate, bankruptcy and post-judgment proceedings) incurred in that the bill is ready for acceptance of the Contractoraction or proceeding, the claim of the Contractor will in addition to any other relief to which such party may be deemed to have been waived and absolutely barred and the company entitled.
c. Nothing contained in this Section 7 shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of prevent the parties enlarge the from settling any dispute by mutual agreement at any time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contract.
Appears in 3 contracts
Samples: Change in Control Agreement (Bankunited Financial Corp), Change in Control Agreement (Bankunited Financial Corp), Change in Control Agreement (Bankunited Financial Corp)
Arbitration. Except where as otherwise provided for set forth in Section 6 hereof, any dispute or controversy between the Contract, all questions Company or its respective affiliates (including the Partnership and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used Parent) on the work or as to any one hand, and the Executive on the other questionhand, claim, right, matter or thing whatsoever in any way whether arising out of or relating to this Agreement, the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksbreach of this Agreement, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereofotherwise, shall be referred to the sole settled by final and binding arbitration of the Chairman & Managing Director of Uranium Corporation of India Limitedin Xxxx County, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed Illinois administered by the Chairman & Managing DirectorAmerican Arbitration Association, willing to act as with any such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred controversy arising under this Agreement being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator so administered in accordance with its Commercial Rules then in effect, and judgment on the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed award rendered by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitrationentered in any court having jurisdiction thereof. The arbitrator shall be deemed have the authority to have entered on award any remedy or relief that a court of competent jurisdiction could order or grant, including, without limitation, the reference on issuance of an injunction. Except as necessary in court proceedings to enforce this arbitration provision or an award rendered hereunder, or to obtain interim relief, neither a party nor an arbitrator may disclose the date he issues notice to both existence, content or results of any arbitration hereunder without the parties fixing the date prior written consent of the first hearingCompany and the Executive. The venue Company and the Executive acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding any choice of law provision included in this Agreement, the United States Federal Arbitration Act shall govern the interpretation and enforcement of this arbitration provision. In the event action is brought to enforce the provisions of this Agreement pursuant to this Section 9, the non-prevailing parties shall be such place as may be fixed by required to pay the Arbitrator, in his sole discretion. The award reasonable attorney’s fees and expenses of the Arbitrator prevailing parties, except that if in the opinion of the arbitrator deciding such action there is no prevailing party, each party shall be finalpay its own attorney’s fees and expenses. For purposes of complying with the requirements of Section 409A of the Internal Revenue Code of 1986, conclusive and binding all as amended (the parties “Code”):
(a) The right of the Executive to reimbursement of attorney’s fees or expenses pursuant to this ContractSection 9 shall apply until the tenth (10th) anniversary of the expiration of the Employment Period.
(b) The amount of expenses eligible for reimbursement during a calendar year shall not affect the expenses eligible for reimbursement in any other calendar year.
(c) The reimbursement of an expense must be paid to the Executive on or before the last day of the calendar year following the calendar year in which the expense was incurred.
(d) The right to reimbursement is not subject to liquidation or exchange for another benefit.
Appears in 3 contracts
Samples: Employment Agreement (Aviv REIT, Inc.), Employment Agreement (Aviv REIT, Inc.), Employment Agreement (Aviv REIT, Inc.)
Arbitration. Except where otherwise provided for in the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship Employee shall submit any dispute or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way claim arising out of from or relating to the ContractAgreement that cannot be resolved to mandatory and binding arbitration administered by the American Arbitration Association (“AAA”) to be held in Houston, designsTexas, drawingsU.S.A., specifications, estimates, instructions, orders or these conditions or except as otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, required by law. The arbitration shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the ContractPlan and the Commercial Arbitration Procedures of the AAA (the “Rules”). Such person The arbitration shall be conducted before a panel of three (3) arbitrators from the AAA National Roster of approved arbitrators who each have at least fifteen (15) years of employment law experience, of which each of the parties shall select one and the third of which shall be mutually selected by the two (2) arbitrators; provided, that if the two (2) arbitrators are unable to agree to the selection of the third arbitrator within a period of fifteen (15) days following the date in which the two (2) arbitrators are selected by the parties pursuant to this Section, the third arbitrator shall instead be selected by the AAA pursuant to the Rules. Each party in such an arbitration proceeding shall be responsible for the costs and expenses incurred by such party in connection therewith (including attorneys’ fees) which shall not be subject to recovery from the other party in the arbitration except that any and all charges that may be made for the cost of the arbitration and the fees of the arbitrators which shall in all circumstances be paid by the Company. Any court having jurisdiction may enter a judgment upon the award rendered by the arbitrator. In the event of litigation to enforce an arbitration award in connection with or concerning the subject matter of this Agreement, the prevailing party shall be entitled to proceed with the reference recover from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed non-prevailing party all reasonable out-of-pocket costs and disbursements incurred by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at allparty in connection therewith (including reasonable attorneys’ fees). In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, Notwithstanding the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the ContractorSection 7, the claim Company may, if it so chooses, bring an action in any court of the Contractor will be deemed competent jurisdiction for injunctive relief to have been waived and absolutely barred and the company shall be discharged and released of all liabilities enforce Employee’s obligations under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractSection 5.
Appears in 3 contracts
Samples: Employment Agreement (Superior Energy Services Inc), Employment Agreement (Superior Energy Services Inc), Employment Agreement (Superior Energy Services Inc)
Arbitration. Except where otherwise provided for (A) Any dispute or disagreement arising between the Parties in connection with any interpretation of any provision of the Contract, all questions and disputes relating to or the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship compliance or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksnon-compliance therewith, or the execution validity or failure enforceability thereof, or any other dispute under any Article hereof which is not settled to execute the same, whether arising during the progress mutual satisfaction of the work Parties within thirty (30) Days (or after such longer period as may be mutually agreed) from the completion date that either Party informs the other in writing that such dispute or abandonment thereofdisagreement exists, shall be referred to settled by arbitration administered by the sole American Arbitration Association under its Commercial Arbitration Rules and the Supplementary Procedures for Large, Complex Disputes in effect on the date that such notice is given, except as otherwise specified herein.
(B) The Party which demands arbitration of the Chairman & Managing Director controversy shall in writing specify the matter to be submitted to arbitration, and at the same time, choose and nominate an arbitrator; thereupon, within fifteen (15) Days after receipt of Uranium Corporation such written notice, the other Party shall in writing choose and nominate a second arbitrator. The two arbitrators so chosen shall forthwith select a third arbitrator, giving written notice to both Parties of India Limitedthe choice so made and fixing a time and place in New York City, Jaduguda at which both Parties may appear and be heard with respect to such controversy. In case the two arbitrators shall fail to agree upon a third arbitrator within a period of seven (7) Days, or if for any other reason there shall be a lapse in the Chairman and Managing Director is unable naming of an arbitrator or unwilling arbitrators, or in the filling of a vacancy, or in the failure or refusal of any arbitrator or arbitrators to act attend or fulfill his or their duties, then upon application by either Party to the sole arbitrationcontroversy, of some other person appointed arbitrators shall be named by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator American Arbitration Association in accordance with its Arbitration Rules. The arbitrators shall control discovery as they shall determine is appropriate in the circumstances, taking into account the needs of the Parties and the desirability of having the discovery take place in an expeditious and cost-effective manner. Any discovery shall be limited to information directly relevant to the controversy or claim in arbitration and shall be concluded within ninety (90) Days after the arbitrators are appointed, unless good cause for an extension of such deadline is shown.
(C) The arbitrators shall not alter or modify the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms and conditions of this Contract that no person other than but shall consider the pertinent facts and circumstances and be guided by the terms and conditions of this Contract. If a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that solution is not possiblefound in the terms and conditions of this Contract, the matter is not to arbitrators shall be referred to arbitration at all. In all cases where guided by the amount substantive laws of the claim in dispute is RsState of New York, excluding all conflict of law rules. 50,000/-(Rupees Fifty Thousand) The arbitration award made shall be final and abovebinding upon the Parties, their successors and assignees, and judgment may be entered thereon, upon the application of either Party, by any court having jurisdiction. Each Party shall bear the cost of preparing and presenting its case including its own attorneys’ fees; and the cost of arbitration, including the fees and expenses of the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be acceptedarbitrators, will be final and would not be open to arbitration. shared equally by the Parties.
(D) The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as relief that may be fixed awarded by the Arbitrator, arbitrators under any arbitration arising from this Contract may not exceed actual compensatory damages. In no event may the arbitrators award punitive damages or otherwise disregard the limitations of liability set forth in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contract.
Appears in 3 contracts
Samples: Contract for the Construction of the Globalstar Satellite (Globalstar, Inc.), Construction Contract (Globalstar, Inc.), Contract for the Construction of the Globalstar Satellite (Globalstar, Inc.)
Arbitration. Except where otherwise provided 1. On the written demand of either party there shall be submitted to arbitration (the procedure for in the Contract, which is set forth below) all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating the application of this Agreement, provided, however, that nothing in this Agreement shall obligate the Employer to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arbitrate any issue arising during the progress out of the Employer’s sole responsibility to determine the size and composition of its staff, assignment or reassignment, promotion or demotion of personnel, including correspondents, within the Employer’s office or offices in the same city or town as long as the employee’s salary and classification are not changed; provided further, however, this does not preclude arbitration of disputes which may arise under Article 8 insofar as that article relates to “no imposition of any unreasonable amount or type of work on any employee,” or under Article 6, Section 3.
2. No grievance or dispute may be submitted to arbitration more than 45 days after the completion or abandonment thereofwritten notice of denial on the national grievance level (as described in Article 4, Section 4). In no case, however (rules of the American Arbitration Association notwithstanding), shall an arbitrator be referred appointed to rule on the sole arbitration issue of arbitrability of any matter arising out of the Chairman & Managing Director application of Uranium Corporation of India Limited, Jaduguda and this Agreement if the Chairman and Managing Director demand for arbitration is unable or unwilling to act to filed after the sole arbitrationabove time limit is expired. This time limit may be extended by mutual consent.
3. In the event either party raises an issue of arbitrability, of some other person appointed by excepting the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that stipulation in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms Section 2 of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and abovearticle, the arbitrator appointed shall give reasons for first rule on the award. Subject as aforesaid, arbitrability issue before proceeding to determine the provisions merits of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and dispute if he/she determines the rules made there under and for the time being in force, shall apply the arbitration proceeding issue to be arbitrable.
4. A grievance under this clause. It is a term article shall be submitted for arbitration only by written notice from the complaining party setting forth the grounds of the Contract that the party invoking complaint. Such arbitration shall specify be conducted according to the dispute or disputes to be referred to voluntary labor arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term rules of the Contract that if American Arbitration Association, excepting the Contractor does not make any demand for arbitration stipulations in respect Sections 2 and 3 of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the awardthis article. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof arbitrator in respect of rates for substandard work, which may be decided to be accepted, will any such arbitration shall be final and would not binding, and the expenses of such arbitration shall be open borne equally by the parties, except that no party shall be obligated to arbitrationpay any part of the cost of a stenographic transcript without express consent.
5. All arbitration demands shall be filed with and administered by the New York City office of the American Arbitration Association. The arbitrator Association shall provide the parties with a panel of qualified arbitrators from that location and office. After discussion, the parties shall determine the most appropriate and efficient location for the hearing. In the absence of agreement, the hearing shall be deemed to have entered on conducted in the reference on city that serves as the date he issues notice to both control bureau for the parties fixing location where the date grievance arose. Any subsequent days of the first hearing. The venue of Arbitration hearing shall be such place as may be fixed conducted on an alternating basis between the location preferred by the Arbitrator, in his sole discretion. The award of Guild and the Arbitrator shall be final, conclusive and binding all location preferred by the parties to this ContractEmployer.
Appears in 3 contracts
Samples: Technology Unit Agreement, Editorial Unit Agreement, Editorial Unit Agreement
Arbitration. Except where otherwise provided for in I hereby agree to submit all claims against the Contract, all questions and disputes relating to the meaning manufacturers or distributors of the specifications, designs, drawings and instructions herein before mentioned and as rental equipment rented and/or used by me at Mohawk to the quality of workmanship or materials used on the work or as binding arbitration. I further agree to submit any other questiondispute with Mohawk, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress which arises from use of the work or after the completion or abandonment thereofequipment and/or skiing at Mohawk Mountain Ski Area, Inc. to binding arbitration. For any dispute submitted to binding arbitration pursuant to this agreement, there shall be referred a three-member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the sole arbitration of “Panel”), to be chosen by the Chairman & Managing Director of Uranium Corporation of India Limitedparty-appointed arbitrators. In the event that the two party-appointed arbitrators are not able to agree on a third, Jaduguda and if neutral arbitrator, the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person neutral arbitrator shall be appointed by the Chairman & Managing DirectorUnited States District Court, willing to act as such for the District of Connecticut. Each party shall pay its own costs, including the costs associated with the party-appointed arbitrators, and the parties shall share equally the costs associated with the neutral arbitrator. There will The arbitration proceeding shall proceed in West Hartford, Connecticut and shall be no objection governed by the Federal Rules of Evidence. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter. With regard to disputes between me and Mohawk, if the arbitrator so appointed is an employee of Uranium Corporation of India Limiteddispute arises from a personal injury or death, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any first phase of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person arbitration shall be entitled to proceed with the reference determine whether said injury or death arose from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at allhazard/risk inherent in skiing. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract event that the party invoking arbitration shall specify Panel determines the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed alleged injury/death arose from a hazard/risk inherent in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractorskiing, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered barred, as a matter of law, and the Participant shall be barred from recovering any compensation from Mohawk. In the event that the Panel determines the alleged injury did not arise from a hazard/risk inherent in skiing, the Panel may, at its discretion, allow for additional discovery and evidence, and then it shall decide any remaining issues on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractmerits.
Appears in 3 contracts
Samples: Rental Agreement, Rental Agreement, Rental Agreement
Arbitration. Except where otherwise provided for as expressly set forth elsewhere in this Agreement, it is mutually agreed between the Contractparties that arbitration shall be the sole and exclusive remedy to redress any dispute, all questions and disputes relating claim or controversy (hereinafter referred to as “grievance”) involving the meaning interpretation of this Agreement or the terms or conditions of this Agreement or the terms, conditions or termination of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal Executive’s employment with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all Company or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left itBank. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount intention of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply parties that the arbitration proceeding under this clauseaward shall be final and binding and that a judgment on the award may be entered in any court of competent jurisdiction and enforcement may be had according to its terms. It is Arbitration shall be initiated by one party filing a term of written demand on the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such disputeother party. It is also a term of the Contract that if the Contractor does not make any Any demand for arbitration in respect of any claim(s) in writing by the Executive shall be made within 90 20 days of receiving the intimation from the Corporation that the bill is ready for acceptance after receipt of the Contractor, the claim Notice of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitrationTermination. The arbitrator shall be deemed to have entered on chosen in accordance with the reference on the date he issues notice to both the parties fixing the date voluntary labor arbitration rules of the first American Arbitration Association. The place of the arbitration shall be the offices of the American Arbitration Association in Chicago, Illinois. The arbitrator shall not have jurisdiction or authority to change any of the provisions of this Agreement but shall interpret or apply any clause or clauses of this Agreement. The arbitrator shall have the power to compel the attendance of witnesses at the hearing. The venue parties stipulate that the provisions hereof, and the decision of Arbitration the arbitrator with respect to any grievance, shall be the sole and exclusive remedy for any alleged breach of the employment relationship and in such place as may event the Company or Bank shall be fixed by the Arbitrator, entitled to seek relief in his sole discretionany court having jurisdiction thereof. The award parties hereby acknowledge that subject to the foregoing exception, neither party has the right to resort to any federal, state or local court or administrative agency concerning breaches of this Agreement and that the decision of the Arbitrator arbitrator shall be finala complete defense to any suit, conclusive and binding all action or proceeding instituted in any federal, state or local court or before any administration agency with respect to any grievance which is arbitrable as herein set forth. The arbitration provisions hereof shall, with respect to any grievance, survive the parties to termination or expiration of the Executive’s employment under this ContractAgreement.
Appears in 3 contracts
Samples: Employment Agreement (Maf Bancorp Inc), Employment Agreement (Maf Bancorp Inc), Employment Agreement (Maf Bancorp Inc)
Arbitration. Except where otherwise provided for in (a) If the Contract, all questions and disputes relating parties are unable to resolve any dispute arising under this Agreement within sixty (60) days following the date one party sent written notice of the Dispute to the meaning of the specificationsother party, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if either party wishes to pursue the Chairman and Managing Director is unable or unwilling dispute, it shall thereafter be submitted to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator binding arbitration in accordance with the terms Commercial Dispute Procedures of the ContractAmerican Arbitration Association, as they may be amended from time to time (see xxxx://xxx.xxx.xxx). Such person Unless otherwise agreed to in writing by the parties, the party wishing to pursue the dispute must initiate the arbitration within one (1) year after the date on which notice of the dispute was given or shall be entitled deemed to proceed with have waived its right to pursue the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for dispute in any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousandforum.
(b) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the Any arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company Agreement shall be discharged and released of all liabilities under the Contract conducted in respect of these claimsRhode Island. The arbitrator(s) may from time construe or interpret but shall not vary or ignore the terms of this Agreement and shall be bound by controlling law. The arbitrator(s) shall have no authority to time award punitive, exemplary, indirect or special damages, except in connection with consent a statutory claim that explicitly provides for such relief.
(c) The parties expressly intend that any dispute relating to the business relationship between them be resolved on an individual basis so that no other dispute with any third party(ies) may be consolidated or joined with the dispute related to this Agreement. The parties agree that any arbitration ruling by an arbitrator allowing class action arbitration or requiring consolidated arbitration involving any third party(ies) would be contrary to their intent and would require immediate judicial review of the parties enlarge the time, for making and publishing the award. such ruling.
(d) The decision of the Engineer-in-charge regarding arbitrator(s) on the quantum of reduction as well as justification thereof points in respect of rates for substandard workdispute will be binding, which and judgment on the award may be decided to be accepted, will be final and would not be open to entered in any court having jurisdiction thereof. The parties acknowledge that because this Agreement affects interstate commerce the Federal Arbitration Act applies.
(e) In the event any court determines that this arbitration. The arbitrator shall be deemed procedure is not binding or otherwise allows litigation involving a dispute to have entered on the reference on the date he issues notice to both proceed, the parties fixing hereby waive any and all right to trial by jury in, or with respect to, such litigation. Such litigation would instead proceed with the date judge as the finder of fact. This Section shall govern any dispute between the parties arising before or after execution of this Agreement and shall survive any termination of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractAgreement.
Appears in 3 contracts
Samples: Health Services Agreement, Health Services Agreement, Health Services Agreement
Arbitration. Except where otherwise provided for The parties shall endeavor to settle all disputes by amicable negotiations. Any claim, dispute, disagreement or controversy that arises among the parties relating to this Agreement that is not amicably settled shall be resolved by arbitration, as follows:
(a) Any such arbitration shall be heard in the ContractDistrict of Columbia, all questions before a panel consisting of one arbitrator, who shall be impartial. Except as the parties may otherwise agree, the arbitrator shall be appointed in the first instance by the appropriate official in the District of Columbia office of the American Arbitration Association or, in the event of his or her unavailability by reason of disqualification or otherwise, by the appropriate official in the New York City office of the American Arbitration Association. In determining the number and disputes relating appropriate background of the arbitrator, the appointing authority shall give due consideration to the meaning of the specificationsissues to be resolved, designs, drawings and instructions herein before mentioned and but his or her decision as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress identity of the work or after the completion or abandonment thereof, arbitrator shall be referred to the sole arbitration final. Except as otherwise provided in this Section 12, all of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will arbitration proceedings shall be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator conducted in accordance with the terms rules of the Contractarbitrator.
(b) An arbitration may be commenced by any party to this Agreement by the service of a written request for arbitration upon the other affected parties. Such person request for arbitration shall summarize the controversy or claim to be arbitrated, and shall be referred by the complaining party to the appointing authority for appointment of arbitrator ten days following such service or thereafter. If the arbitrator is not appointed by the appointing authority within 30 days following such reference, any party may apply to any court within the District of Columbia for an order appointing an arbitrator qualified as set forth below.
(c) The prevailing party in any arbitration under this Section 12 shall be entitled to proceed with the reference reimbursement from the stage at which his predecessor left itlosing party of all reasonable attorneys’ fees and costs in connection with such arbitration. The parties hereby expressly waive punitive damages, and under no circumstances shall an award contain any amount that in any way reflects punitive damages.
(d) Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
(e) It is also a terms of this Contract intended that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 controversies or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred claims submitted to arbitration under this Section 12 shall remain confidential, and to that end it is agreed by the clause together with parties that neither the amount for amounts claimed facts disclosed in respect of each such dispute. It is also a term of the Contract that if arbitration, the Contractor does not make any demand for arbitration in respect issues arbitrated, nor the views or opinions of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractorpersons concerning them, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time disclosed to time with consent of the parties enlarge the third persons at any time, for making and publishing except to the award. The decision of the Engineer-in-charge regarding the quantum of reduction extent necessary to enforce an award or judgment or as well as justification thereof required by law or in respect of rates for substandard work, which may be decided response to be accepted, will be final and would not be open to legal process or in connection with such arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contract.
Appears in 3 contracts
Samples: Employment Agreement (Advisory Board Co), Employment Agreement (Advisory Board Co), Employment Agreement (Advisory Board Co)
Arbitration. Except where otherwise provided 11.1 Each party shall designate a project manager to coordinate such party's activities under this Agreement. Such project managers shall also, when necessary, confer in order to resolve problems or disputes that may arise in connection with each party's performance hereunder. If the project managers cannot resolve such problems or disputes, such problems or disputes shall be referred to each party's respective senior management for in the Contractdiscussion and resolution.
11.2 Subject to Paragraph 11.4, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship any controversy or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way claim arising out of or relating to the Contractthis Agreement, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall and which cannot be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator resolved in accordance with the terms procedure set forth in the preceding paragraph, shall be submitted to arbitration before a panel of three (3) arbitrators. The arbitrators shall be selected and the arbitration conducted in accordance with the _________________________. An award shall be conclusive and binding if concurred in by two (2) of the Contractarbitrators, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Such person The arbitrators shall be entitled required to proceed deliver a written decision setting forth their findings of fact and basis for their award. The arbitrators' award shall provide for the payment of the arbitrators' expenses and fees, together with other expenses incurred in the reference from conduct of the stage at which his predecessor left it. It is also a terms of this Contract that no person arbitration proceeding other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator legal fees and if for any reason, that is not possibleexpenses. However, the matter is not arbitrators shall award the prevailing party reasonable attorneys' fees and other expenses incurred in the arbitration proceeding in the event that the arbitrators determine that either party acted in bad faith in connection with either asserting a claim or a defense in the arbitration proceeding itself.
11.3 The parties hereby agree to be referred submit to arbitration at all. In all cases where the amount exclusive personal jurisdiction and venue of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) _______________________________ for purposes of enforcing the agreement to arbitrate, providing provisional relief pending the award, and above, the arbitrator shall give reasons for entering judgment on the award. Subject as aforesaidIf for any reason the aforesaid court does not have subject matter jurisdiction, the parties alternatively agree to submit to the exclusive personal jurisdiction and venue of the applicable court of the _____________________ for the foregoing purposes. Nothing contained in this paragraph shall preclude the arbitrators from granting, where appropriate, injunctive or other provisional relief pending a final award.
11.4 Notwithstanding the provisions of Paragraphs 11.2 and 11.3, any party hereto may pursue any provisional remedy (including but not limited to preliminary injunctive relief) to enforce its rights hereunder in the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being courts designated in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractParagraph 11.
Appears in 3 contracts
Samples: Cross License Agreement (Ims Health Inc), Cross License Agreement (Synavant Inc), Cross License Agreement (Synavant Inc)
Arbitration. Except where otherwise provided for (a) Any dispute or controversy arising under or in connection with this Agreement or Executive's employment relationship with Company, irrespective of whether this Agreement or Executive's employment relationship with Company has terminated, will be settled exclusively by binding arbitration to be held in the Contract, all questions metropolitan area in which Executive is then employed and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator conducted in accordance with the terms National Rules for the Resolution of Employment Disputes of the ContractAmerican Arbitration Association ("AAA"), or the corresponding rules of such other entity as may be mutually agreed upon by the parties, as then in effect.
(b) After either party submits a request for arbitration, AAA or such other entity mutually agreed upon by the parties (either, hereinafter referred to as the "ADR Entity"), the ADR Entity will be requested to appoint a single, neutral arbitrator from a panel of former or retired judges, within ten business days after such request, to preside over the arbitration and resolve the dispute. Such person The parties agree to raise any objections to such appointment within ten business days after it is made and to limit those objections to the arbitrator's actual conflict of interest. The ADR Entity, in its sole discretion, will determine within ten business days the validity of any objection to the appointment of the arbitrator based on the arbitrator's actual conflict of interest. The arbitrator will be directed to render a full decision on all issues properly before the arbitrator within 60 days after being appointed to serve as arbitrator, unless the parties otherwise agree in writing or the arbitrator makes a finding that a party has carried the burden of showing good cause for a longer period.
(c) The parties will use their best efforts to cooperate with each other in causing the arbitration to be held in as efficient and expeditious a manner as practicable, including but not limited to, providing such documents and making available such of their personnel and agents as the arbitrator may request. The parties direct the arbitrator to take into account their stated goal of expedited proceedings in determining whether to authorize discovery and, if so, the scope of permissible discovery and other hearing and pre-hearing procedures.
(d) The arbitrator will not have the authority to add to, detract from or modify any provision of this Agreement or to award punitive damages to any injured party. Judgment may be entered on the arbitrator's award in any court having jurisdiction. Company will bear all expenses of any such arbitration proceeding, except that each party will bear its own counsel fees unless the arbitrator decides to award counsel fees to one of the parties.
(e) Notwithstanding the foregoing, each party shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person seek injunctive or other than a person appointed by such Chairman & Managing Directorequitable relief, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousandcontemplated by SECTION 12(F) and above, from any court of competent jurisdiction, without the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes need to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open resort to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contract.
Appears in 3 contracts
Samples: Employment Agreement (Fti Consulting Inc), Employment Agreement (Fti Consulting Inc), Employment Agreement (Fti Consulting Inc)
Arbitration. Except where otherwise provided for as expressly set forth elsewhere in this Agreement or the ContractNon-Competition Agreement, all questions it is mutually agreed between the parties that arbitration shall be the sole and disputes relating exclusive remedy to redress any dispute, claim or controversy (hereinafter referred to as "grievance") involving the meaning interpretation of this Agreement or the terms or conditions of this Agreement or the terms, conditions or termination of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal Executive's employment with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all Company or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left itBank. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount intention of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply parties that the arbitration proceeding under this clauseaward shall be final and binding and that a judgment on the award may be entered in any court of competent jurisdiction and enforcement may be had according to its terms. It is Arbitration shall be initiated by one party filing a term of written demand on the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such disputeother party. It is also a term of the Contract that if the Contractor does not make any Any demand for arbitration in respect of any claim(s) in writing by the Executive shall be made within 90 20 days of receiving the intimation from the Corporation that the bill is ready for acceptance after receipt of the Contractor, the claim Notice of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitrationTermination. The arbitrator shall be deemed to have entered on chosen in accordance with the reference on the date he issues notice to both the parties fixing the date voluntary labor arbitration rules of the first American Arbitration Association. The place of the arbitration shall be the offices of the American Arbitration Association in Chicago, Illinois. The arbitrator shall not have jurisdiction or authority to change any of the provisions of this Agreement but shall interpret or apply any clause or clauses of this Agreement. The arbitrator shall have the power to compel the attendance of witnesses at the hearing. The venue parties stipulate that the provisions hereof, and the decision of Arbitration the arbitrator with respect to any grievance, shall be such place as may the sole and exclusive remedy for any alleged breach of the employment relationship in which event the Company or Bank shall be fixed by the Arbitrator, entitled to seek relief in his sole discretionany court having jurisdiction thereof. The award parties hereby acknowledge that subject to the foregoing exception, neither party has the right to resort to any federal, state or local court or administrative agency concerning breaches of this Agreement and that the decision of the Arbitrator arbitrator shall be finala complete defense to any suit, conclusive and binding all action or proceeding instituted in any federal, state or local court or before any administration agency with respect to any grievance which is arbitrable as herein set forth. The arbitration provisions hereof shall, with respect to any grievance, survive the parties to termination or expiration of the Executive's employment under this ContractAgreement.
Appears in 3 contracts
Samples: Employment Agreement (Covest Bancshares Inc), Employment Agreement (Covest Bancshares Inc), Employment Agreement (Covest Bancshares Inc)
Arbitration. Except where otherwise provided for (a) NOVA and Employee acknowledge and agree that (except as specifically set forth in the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship Section 9(d)) any claim or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way controversy arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress Section 7 of the work or after the completion or abandonment thereof, this Agreement shall be referred to the sole settled by binding arbitration of the Chairman & Managing Director of Uranium Corporation of India Limitedin Atlanta, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitrationGeorgia, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms National Rules of the ContractAmerican Arbitration Association for the Resolution of Employment Disputes in effect on the date of the event giving rise to the claim or controversy. Such person NOVA and Employee further acknowledge and agree that either party must request arbitration of any claim or controversy within one (1) year of the date of the event giving rise to the claim or controversy by giving written notice of the party's request for arbitration. Failure to give notice of any claim or controversy within one (1) year of the event giving rise to the claim or controversy shall constitute waiver of the claim or controversy.
(b) All claims or controversies subject to arbitration pursuant to Section 9(a) above shall be submitted to arbitration within six (6) months from the date that a written notice of request for arbitration is effective. All claims or controversies shall be resolved by a panel of three arbitrators who are licensed to practice law in the State of Georgia and who are experienced in the arbitration of labor and employment disputes. These arbitrators shall be selected in accordance with the National Rules of the American Arbitration Association for the Resolution of Employment Disputes in effect at the time the claim or controversy arises. Either party may request that the arbitration proceeding be stenographically recorded by a Certified Shorthand Reporter. The arbitrators shall issue a written decision with respect to all claims or controversies within thirty (30) days from the date the claims or controversies are submitted to arbitration. The parties shall be entitled to proceed with be represented by legal counsel at any arbitration proceedings.
(c) NOVA and Employee acknowledge and agree that the reference from arbitration provisions in this Agreement may be specifically enforced by either party, and that submission to arbitration proceedings may be compelled by any court of competent jurisdiction. NOVA and Employee further acknowledge and agree that the stage at which his predecessor left it. It is also a terms decision of the arbitrators may be specifically enforced by either party in any court of competent jurisdiction.
(d) Notwithstanding the arbitration provisions set forth herein, Employee and NOVA acknowledge and agree that nothing in this Agreement shall be construed to require the arbitration of any claim or controversy arising under Sections 10 and 11 of this Contract that no person other than Agreement nor shall such provisions prevent NOVA from seeking equitable relief from a person appointed court of competent jurisdiction for violations of Sections 10 and 11 of this Agreement. These provisions shall be enforceable by such Chairman & Managing Director, as aforesaid should act as arbitrator any court of competent jurisdiction and if for any reason, that is shall not possible, the matter is not to be referred subject to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with except by mutual written consent of the parties enlarge signed after the timedispute arises, for making any such consent, and publishing the awardterms and conditions thereof, then becoming binding on the parties. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof Employee and NOVA further acknowledge and agree that nothing in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator this Agreement shall be deemed construed to have entered on the reference on the date he issues notice to both the parties fixing the date require arbitration of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractany claim for workers' compensation or unemployment compensation.
Appears in 2 contracts
Samples: Employment Agreement (Nova Corp \Ga\), Employment Agreement (Nova Corp \Ga\)
Arbitration. Except where otherwise Nothing contained in this Agreement shall preclude BROKER from commencing any action in any court having jurisdiction thereof with respect to any matter arising out of, relating to or pertaining to this Agreement. However at the sole option of BROKER, any controversy, claim or dispute, whether in contract, tort or otherwise, arising out of, relating to or pertaining to this Agreement or the interpretation, breach, enforcement or subject matter thereof, that cannot be settled by mutual agreement of the parties may at the sole option of the BROKER: (i) be submitted to arbitration by one (1) arbitrator (unless the BROKER determines to have multiple arbitrators) in Miami-Dade County by the Transportation ADR Council, in accordance with its rules then in effect, or conducted by any other recognized arbitration association or entity in accordance with similar rules (“Arbitration”); or (ii) be determined through any alternative dispute resolution (“ADR”) procedure provided for under the laws of the state of Florida, with such ADR procedure to be selected by BROKER. Judgment upon any Arbitration award or ADR determination may be entered in any court of any state or county or application may be made to such court through judicial acceptance of the award or determination and on order of enforcement, as the law of the jurisdiction may require or allow. The Arbitration award or ADR determination shall be final and no appeal shall be taken by either party. The costs of any such Arbitration or ADR shall be borne equally by the SHIPPER and the BROKER, unless the arbitrator(s) or ADR decision-maker deems such division of costs to be inequitable, in which event the arbitrator(s) or ADR decision-maker may allocate the costs of Arbitration or ADR among the parties thereto as he or she deems just and equitable under the circumstances. THE SHIPPER AND BROKER HEREBY WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY OR AGAINST EACH OTHER ON, OR IN RESPECT OF, ANY MATTER ARISING OUT OF, RELATING TO OR PERTAINING TO THIS AGREEMENT, OR THE INTERPRETATION, BREACH, ENFORCEMENT OR SUBJECT MATTER THEREOF. All claims for arbitration under this Agreement must be brought in the Contract, all questions Party’s individual capacity and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and not as to the quality of workmanship a plaintiff or materials used on the work or as to any other question, claim, right, matter or thing whatsoever class member in any way arising out of or relating to the Contractpurported class, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the workscollective action, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or differencerepresentative proceeding. The arbitrator to whom may not consolidate the matter is originally referred being transferred claims, and may not otherwise preside over any form of a representative or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractclass proceeding.
Appears in 2 contracts
Arbitration. Except where otherwise provided for Xxxxxxx and the Company agree that in the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of event a dispute arises concerning or relating to Xxxxxxx’x employment with the ContractCompany, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksany termination therefrom, or the execution interpretation, application or failure to execute the sameenforcement of this Agreement, whether arising during the progress of the work or after the completion or abandonment thereof, such dispute shall be referred submitted to the sole binding arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms employment arbitration rules of American Arbitration Association (“AAA”) by a single impartial arbitrator experienced in employment law selected as follows: if the Company and Xxxxxxx are unable to agree upon an impartial arbitrator within ten days of a request for arbitration, the parties shall request a panel of employment arbitrators from AAA and alternatively strike names until a single arbitrator remains. The arbitration shall take place in Coeur d’Alene, Idaho, and both Xxxxxxx and the Company agree to submit to the jurisdiction of the Contractarbitrator selected in accordance with AAA’s rules and procedures. Such person shall Xxxxxxx and the Company further agree that arbitration as provided for in this section will be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator exclusive and if binding remedy for any reasonsuch dispute and will be used instead of any court action, which is hereby expressly waived, except for any request by either party hereto for temporary or preliminary injunctive relief pending arbitration in accordance with applicable law, or an administrative claim with an administrative agency. The parties further agree that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount award of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitrationbinding on both parties. The arbitrator shall have discretion to award monetary and other damages, or no damages, and to fashion such other relief as the arbitrator deems appropriate. The Company will be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date responsible for paying any filing fees and costs of the first hearing. The venue of Arbitration arbitration proceeding itself (for example, arbitrators’ fees, conference room, transcripts), but each party shall be such place as may be fixed by the Arbitratorresponsible for its own attorneys’ fees. THE COMPANY AND XXXXXXX ACKNOWLEDGE AND AGREE THAT BY AGREEING TO ARBITRATE, in his sole discretion. The award of the Arbitrator shall be finalTHEY ARE WAIVING ANY RIGHT TO BRING AN ACTION AGAINST THE OTHER IN A COURT OF LAW, conclusive and binding all the parties to this ContractEITHER STATE OR FEDERAL, AND ARE WAIVING THE RIGHT TO HAVE CLAIMS AND DAMAGES, IF ANY, DETERMINED BY A JURY.
Appears in 2 contracts
Samples: Employment Agreement (Coeur D Alene Mines Corp), Employment Agreement (Coeur D Alene Mines Corp)
Arbitration. Except where otherwise a) If any dispute regarding this Agreement should arise between Energy Safety Canada and the Auditor, the aggrieved Party shall inform the other Party in writing that it wishes to arbitrate the dispute. It is expressly provided for in this Agreement that all disputes between Energy Safety Canada and the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, Auditor regarding this Agreement shall be referred to the sole finally settled by arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Alberta Arbitration Act, 1940 or any statutory modification or re-enactment thereof and based upon the rules made there under and for the time being in force, shall apply following:
(i) the arbitration proceeding under this clause. It is a term panel shall consist of one arbitrator, who will be appointed by mutual agreement of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term Parties within seven (7) Days following delivery of the Contract that if written notice to arbitrate, or, in the Contractor does not make any demand for arbitration in respect event of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance failure to agree, either Party may apply to a judge of the ContractorCourt of Queen's Bench of Alberta to appoint an arbitrator, the claim in accordance with section 10 of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitrationAlberta Arbitration Act. The arbitrator shall be qualified by education and training to pass upon the particular matter to be decided;
(ii) the arbitrator shall be instructed that time is of the essence in the arbitration proceeding;
(iii) after written notice is given to refer any dispute to arbitration, the Parties will meet within ten (10) Days of the delivery of the notice and will negotiate in good faith to agree upon the rules and procedures for the arbitration, in an effort to expedite the process and otherwise ensure that the process is appropriate, given the nature of the dispute and the values at risk, consistent with the purposes of arbitration in accomplishing fair, speedy and cost effective resolution of the dispute. Failing such agreement, the rules and procedures for the arbitration shall be determined by the arbitrator;
(iv) the arbitration shall take place at a location that is mutually agreeable to the Parties, but failing agreement, the arbitrator shall determine the location of the arbitration;
(v) except as otherwise decided by the arbitrator, the fees and other costs associated with the arbitrator shall be shared equally by the adverse Parties and each Party shall be responsible for its own costs;
(vi) the arbitration award shall be given in writing, shall provide reasons for the decision, and shall be final and binding on the Parties, not subject to any appeal, shall be deemed to have entered on be a judgment rendered by the reference on the date he issues notice to both the parties fixing the date Courts of the first hearing. The venue Province of Arbitration Alberta, and shall deal with the question of costs of arbitration and all related matters;
(vii) judgment upon any award may be entered in any court having jurisdiction, or application may be made to the court for a judicial recognition of the award or an order of enforcement, as the case may be;
(viii) other than any action necessary to enforce the arbitrator's award, the Parties agree that the provisions of this Article are a complete defense to any suit, action or other proceeding instituted in any court or before any administrative tribunal with respect to any dispute arising under or in connection with this Agreement;
(ix) all disputes referred to arbitration (including the scope of the agreement to arbitrate, any statute of limitations, conflict of laws rules, tort claims and interest claims) shall be such place governed by the substantive law of Alberta;
(x) the Parties agree that the arbitration shall be kept confidential and that the existence of the arbitration and any element of it (including any pleadings, briefs or other documents submitted or exchanged, any testimony or other oral submissions, and any awards) shall not be disclosed beyond the arbitrator, the Parties, their counsel and any person necessary to the conduct of the proceeding, except as permitted by Article 3.3 of this Agreement, or as may lawfully be fixed required in judicial proceedings relating to the arbitration or otherwise; and
(xi) the time limits referred to in this Article may be extended by the Arbitrator, in his sole discretion. The award mutual written agreement of the Arbitrator shall be final, conclusive and binding all the parties to this ContractParties.
Appears in 2 contracts
Samples: Energy Safety Canada Certified Auditor's Agreement, Energy Safety Canada Certified Auditor's Agreement
Arbitration. Except where otherwise provided for in In the Contract, all questions and disputes relating event of any dispute under Section 6.2(a) with respect to the meaning of Annual Business Plan or the specificationsAnnual Budget, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used between Owner Member and/or its appointed Manager on the work one hand, and Investor Member and/or the SLG or as RXR Realty appointed Manager on the other hand, at any time, either Participating Member may submit such dispute to any other questionfinal and binding arbitration in New York, claimNY, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed administered by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator JAMS in accordance with JAMS Streamlined Arbitration Rules and Procedures in effect at that time, by an arbitrator with at least ten years of experience in operating and managing real estate operating companies owning properties similar to the terms Property in Manhattan. Each Participating Member shall submit to the Arbitrator its position on each matter in dispute and any applicable materials that it desires that the arbitrator consider in making its determination within 7 Business Days following the appointment of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitrationarbitrator. The arbitrator shall consider only the materials submitted to it for resolution. The Participating Members shall cooperate with JAMS and with each other in scheduling the arbitration proceedings so that a final non-appealable award is rendered within 30 calendar days after submission to arbitration, and any notice requirements under Paragraph 14(b) of the JAMS Streamlined Arbitration Rules and Procedures or otherwise may be shortened by the JAMS arbitrator in its discretion. The non-prevailing party in such arbitration shall pay all fees and disbursements due to JAMS and the JAMS arbitrator as well as the reasonable costs and expenses (including reasonable attorneys’ fees and disbursements) of the prevailing party incurred in connection with the arbitration. The JAMS arbitrator shall be (i) a disinterested and impartial person and (ii) selected in accordance with Paragraph “12(c)” et seq. of the JAMS Streamlined Arbitration Rules and Procedures. The JAMS arbitrator shall be bound by the provisions of this Agreement and by Applicable Law. The JAMS arbitrator shall select the position proposed by either the Owner Member or the Investor Member for each disputed line item (and no other position), which, in his or her opinion, is more consistent with the prevailing practices of prudent owners of similar Class A office buildings in Manhattan, and shall notify the Participating Members of its determination. The position selected by the JAMS arbitrator with respect to each item in dispute shall be deemed to have entered on be included in the reference on Annual Business Plan (including the date he issues notice to both the parties fixing the date of the first hearingAnnual Budget). The venue of Arbitration shall be such place as may be fixed Any decision rendered by the Arbitrator, JAMS arbitrator with respect to any matter in his sole discretion. The award of the Arbitrator dispute shall be final, conclusive and binding all upon the parties to this ContractCompany and the Participating Members and may be entered and enforced in any court having jurisdiction.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (New York REIT, Inc.), Membership Interest Purchase Agreement (New York REIT, Inc.)
Arbitration. Except where otherwise provided for in the Contract(a) Any dispute, all questions and disputes relating to the meaning of the specificationscontroversy, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way claim arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksthis Agreement, or the execution breach, termination or failure to execute the sameinvalidity hereof, whether including claims for tortious interference or other tortious or statutory claims arising before, during the progress of the work or after the completion or abandonment thereoftermination, providing only that such claim touches upon matters covered by this Agreement, shall be referred finally settled by arbitration administered by the American Arbitration Association (“AAA”) pursuant to the Commercial Arbitration Rules as presently in force, except as modified by the specific provisions of this Agreement. The parties expressly agree that nothing in this Agreement shall prevent the parties from applying to a court that would otherwise have jurisdiction over the parties for provisional or interim measures, including injunctive relief. After the arbitration panel is empaneled, it shall have sole jurisdiction to hear such applications, except that the parties agree that any measures ordered by the arbitrators may be immediately and specifically enforced by a court otherwise having jurisdiction over the parties. The parties agree that judgment on the arbitration award may be entered by any court having jurisdiction thereof.
(b) The parties agree that the federal and state courts located in Houston, Texas shall have exclusive jurisdiction over an action brought to enforce the rights and obligations created in or arising from this Agreement to arbitrate, and each of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act parties hereto irrevocably submits to the sole arbitrationjurisdiction of said courts. Notwithstanding the above, application may be made by a party to any court of some other competent jurisdiction wherever situated for enforcement of any judgment and the entry of whatever orders are necessary for such enforcement. Process in any action arising out of or relating to this Agreement may be served on any party to the Agreement anywhere in the world by delivery in person appointed against receipt or by registered or certified mail, return receipt requested.
(c) The arbitration shall be conducted before a tribunal composed of three neutral arbitrators drawn from, in the first instance, the Texas Large Complex Claims panel and then, if necessary, from the Commercial panel. Each arbitrator shall sign an oath agreeing to be bound by the Chairman & Managing DirectorCode of Ethics for Arbitrators in Commercial Disputes promulgated by the AAA for Neutral Arbitrators. It is the intent of the parties to avoid the appearance of impropriety due to bias or partiality on the part of any arbitrator. Prior to his or her formal appointment, willing each arbitrator shall disclose to act the parties and to the other members of the tribunal, any financial, fiduciary, kinship or other relationship between that arbitrator and any party or its counsel, or between that arbitrator and any individual or entity with any financial, fiduciary, kinship or other relationship with any party. For the purposes of this Agreement, “appearance of impropriety” shall be defined as such arbitrator. There will be no objection if relationship or behavior as would cause a reasonable person to believe that bias or partiality on the part of the arbitrator so appointed is an employee may exist in favor of Uranium Corporation any party. Any award or portion thereof, whether preliminary or final, shall be in a written opinion containing findings of India Limited, Jaduguda fact and that he had to deal with the matters to which the Contract relates and that in the course conclusions of his duties as such he had expressed views on all or any of the matters in dispute or differencelaw signed by each arbitrator. The arbitrator dissenting from an award or portion thereof shall issue a dissent from the award or portion thereof in writing, stating the reasons for his or her dissent. The arbitrators shall hear and determine any preliminary issue of law asserted by a party to whom be dispositive of any claim, in whole or part, in the matter manner of a court hearing a motion to dismiss for failure to state a claim or for summary judgment, pursuant to such terms and procedures as the arbitrators deem appropriate.
(d) It is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation intent of the office of inability to actparties that, barring extraordinary circumstances, any arbitration hearing shall appoint another person to act as arbitrator in accordance with the terms be concluded within two months of the Contractdate the statement of claim is received by the AAA. Such person Unless the parties otherwise agree, once commenced, hearings shall be held 5 days a week, with each hearing day to begin at 9:00 A.M. and to conclude at 5:00 P.M. The parties may upon agreement extend these time limits, or the chairman of the panel may extend them if he or she determines that the interests of justice otherwise require. The arbitrators shall use their best efforts to issue the final award or awards within a period of 30 days after closure of the proceedings. Failure to do so shall not be a basis for challenging the award. The parties and arbitrators shall treat all aspects of the arbitration proceedings, including without limitation, discovery, testimony and other evidence, briefs and the award, as strictly confidential. The place of arbitration shall be Houston, Texas, U.S.A. unless otherwise agreed by the parties.
(e) The parties agree that discovery shall be limited and shall be handled expeditiously. Discovery procedures available in litigation before the courts shall not apply in an arbitration conducted pursuant to this Agreement. However, each party shall produce relevant and non-privileged documents or copies thereof requested by the other parties within the time limits set and to the extent required by order of the arbitrators. All disputes regarding discovery shall be promptly resolved by the arbitrators. No witness or party may be required to waive any privilege recognized at law. The parties hereby waive any claim to any damages in the nature of punitive, exemplary or statutory damages in excess of compensatory damages, or any form of damages in excess of compensatory damages, and the arbitration tribunal is specially divested of any power to award any damages in the nature of punitive, exemplary or statutory damages in excess of compensatory damages, or any form of damages in excess of compensatory damages. If Executive prevails on substantially all of his material claims, he shall be entitled to proceed with the reference from the stage at which recover his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Directorcosts, as aforesaid should act as arbitrator and if for any reasonincluding attorneys’ fees, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaidarbitration proceedings, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof for any ancillary proceeding, including a proceeding to compel arbitration, to request interim measures or to confirm or set aside an award; provided, however, that in respect of rates for substandard workthe event that Executive does not so prevail, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractbear their own costs.
Appears in 2 contracts
Samples: Employment Agreement (Tailored Brands Inc), Employment Agreement (Mens Wearhouse Inc)
Arbitration. Except where otherwise provided for in If the Contract, all questions Parties fail to reach agreement within ten (10) days following the end of the Consultation Period (the “Arbitration Initiation Date”) and disputes relating the Breaching Party has not cured such alleged breach to the meaning of Alleging Party’s reasonable satisfaction, the specifications, designs, drawings Alleging Party and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person Breaching Party shall be entitled to proceed with initiate binding arbitration to resolve such dispute. Such arbitration shall be conducted under the reference from Commercial Arbitration Rules of the stage at which his predecessor left itAAA by a [single] arbitrator who is selected by mutual agreement of the Parties or, if they cannot agree within twenty (20) days following the Arbitration Initiation Date, by the AAA. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing DirectorThe arbitration shall be conducted in [Chicago, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not Illinois]. Each Party shall be entitled to be referred to arbitration at allrepresented by counsel and shall bear its own expenses in connection with such arbitration. In all cases where the amount Licensor shall involve representatives of the claim Relevant Community in dispute is Rssuch arbitration. 50,000/-(Rupees Fifty Thousand) Each Party shall bear its own costs and aboveexpenses, and the costs and expenses of the arbitrator shall give reasons for be divided evenly between the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitrationParties. The arbitrator shall be deemed authorized to have entered on determine questions of fact and law, to award monetary damages and to order specific performance, provided that the reference on sole questions to be determined by the date he issues notice to both arbitrator is whether the parties fixing Breaching Party has material breached the date terms of this Agreement and whether any failure of the first hearingAlleging Party to accept any proposed or actual cure of such breach was reasonable. For avoidance of doubt, the arbitrator is precluded from making any determination as to the sufficiency of Licensee or its Affiliate’s provision of Relevant IANA Services. The venue results of Arbitration the arbitration shall be such place as final and binding, and shall be supported by a reasoned opinion. The arbitral award may be fixed by the Arbitrator, enforced in his sole discretionany court of competent jurisdiction. The award Upon mutual agreement of the Arbitrator shall Parties, the consultation, mediation and arbitration processes of any Alleged Breach, may be final, conclusive and binding all the parties to this Contractcombined with any such processes initiated under another Community License Agreement.
Appears in 2 contracts
Samples: Iana Ipr License Agreement, Iana Ipr License Agreement
Arbitration. Except where otherwise provided for in If expressly permitted under this Lease, Landlord or Tenant (the Contract, all questions and disputes relating “Electing Party”) may elect to resolve a dispute by arbitration pursuant to the meaning provisions of this Section. Such Electing Party shall deliver to the other party a written notice specifying the nature of the specificationsdispute, designsthe reasons therefor and such Electing Party’s determination of the item in dispute. If the other party shall not agree with the Electing Party’s determination of the item in dispute, drawings and instructions herein before mentioned and as then either party shall have the right to submit such dispute to arbitration pursuant to this Section 9.19 by notice to the quality of workmanship or materials used on the work or as other party. The parties hereby agree that all such disputes submitted to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, arbitration shall be referred resolved by one arbitrator mutually agreed to by the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limitedparties, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act parties cannot agree on an arbitrator, either party may apply to the sole arbitrationAmerican Arbitration Association for the appointment of a single arbitrator (the “Arbitrator”). The Arbitrator shall, of some other person appointed by as promptly as possible, determine the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if matter which is the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any subject of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding on all parties and judgment upon the award may be entered in any court having jurisdiction. The arbitration shall be conducted in the City and County of New York and, to the extent applicable and consistent with this Section 9.19, shall be in accordance with the Commercial Arbitration Rules then obtaining of the American Arbitration Association or any successor body of similar function. The expenses of arbitration shall be shared equally by the parties but each party shall be responsible for the fees and disbursements of its own attorneys and the expenses of its own proof. The Arbitrator shall be a licensed professional appropriate to the dispute, having at least ten (10) years’ continuous experience in the real estate industry including the management of multi-tenant, commercial office buildings in Manhattan similar in type to the Project. At the option of either party, any arbitration under this ContractLease shall be governed by the Expedited Procedures provisions of the Commercial Arbitration Rules of the American Arbitration Association (the “AAA Rules”) (presently Sections 53 through 57 of the AAA Rules and, to the extent applicable, Section 19 thereof).
Appears in 2 contracts
Samples: Lease (Yext, Inc.), Lease (Yext, Inc.)
Arbitration. Except where otherwise provided for in (a) All disputes between the ContractIntermediary or Issuer, all questions and disputes on the one hand, the Deposit Account Agent on the other hand, relating to the meaning payment of the specificationsProceeds and/or the Deposit Account Agent’s rights, designsobligations, drawings and instructions herein liabilities arising from or related to this Agreement shall be resolved by mandatory binding expedited arbitration under the JAMS Comprehensive Arbitration Rules & Procedures in effect as of the date the request for arbitration is filed (the “Rules”) before mentioned and as a single neutral arbitrator selected in accordance with the Rules. Each of the Parties may initiate such arbitration pursuant to the quality Rules. The arbitration shall be held in Los Angeles, California (such site being herein referred to as the “Forum”). The arbitrator shall issue a written opinion that includes the factual and legal basis for any decision and award, unless the Parties agree otherwise.
(b) Any court having jurisdiction of workmanship the Parties and the subject matter may enforce such a decision. Each of the Parties hereto submits to the non-exclusive personal jurisdiction of the courts of the Forum as an appropriate place for compelling arbitration or materials used on giving legal confirmation of any arbitration award, and irrevocably waives any objection which it may now or hereafter have to the work or as to venue of any other question, claim, right, matter or thing whatsoever such enforcement proceeding brought in any way of said courts and any claim of inconvenient forum. Each of the Parties agrees that service of process for all arbitration proceedings may be made in accordance with the Rules and shall be deemed effective as provided therein.
(c) Any claim or action of any kind (including, but not limited to, any claims for breach of contract), against the Deposit Account Agent arising out of or relating connected with this Agreement shall be barred and waived unless asserted by the commencement of an arbitration proceeding within 180 days after the accrual of the action or claim. This limitation shall also apply to the Contractclaims that might otherwise be asserted against as a “set-off,” credit, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the workscross-complaint, or defense. This section and the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, forgoing limitation shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms survive termination of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, Agreement.
(d) For the matter is not to be referred to arbitration at all. In all cases where the amount avoidance of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaiddoubt, the provisions of this Section 4.3 shall not apply to claims brought under the Arbitration Act, 1940 or any statutory modification or re-enactment thereof federal securities laws and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractregulations thereunder.
Appears in 2 contracts
Samples: Offering Deposit Account Agency Agreement (CNS Pharmaceuticals, Inc.), Offering Deposit Account Agency Agreement (CNS Pharmaceuticals, Inc.)
Arbitration. This Agreement is subject to Section 2 of the separate “Amendment to Agreements and Disclosures,” furnished to you previously, and which supplements the Agreements and Disclosures/Commercial Agreements and Disclosures, also furnished to you separately. Section 2 of the Amendment to Agreements and Disclosures provides important information about and governs arbitration in connection with this Agreement. Except where as may otherwise be provided for in Section 2 of the Contract, all questions separate “Amendment to Agreements and disputes relating Disclosures,” you are liable to the meaning Credit Union for any liability, loss, or expense as provided in this Agreement that the Credit Union incurs as a result of any dispute involving your accounts or services. You authorize the Credit Union to deduct any such liability, loss, or expense from your account without prior notice to you. This Agreement shall be governed by and construed under the laws of the specificationsstate of Michigan as applied to contracts entered into solely between residents of, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasonsperformed entirely in, such Chairman & Managing Director as aforesaid at state. In the transferevent either party brings a legal action to enforce the Agreement or collect any overdrawn funds on accounts accessed under this Agreement, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person prevailing party shall be entitled to, subject to proceed with Michigan law, payment by the reference from the stage at which his predecessor left it. It is also a terms other party of its reasonable attorney's fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions, if applicable If you are in breach of this Contract that no person other than a person appointed Agreement or any Related Agreement, or we suspect fraudulent activity on your account, we may, without prior notice, restrict access to your accounts or suspend your Electronic Services or access devices, including ATM or debit cards. Such restrictions may continue until you cure any breach, condition or any fraud condition is resolved. Should any one or more provisions of this Agreement be determined illegal or unenforceable in any relevant jurisdiction, then such provision be modified by such Chairman & Managing Directorthe proper court, as aforesaid should act as arbitrator and if for any reason, that is not possible, but only to the matter is extent necessary to make the provision enforceable and such modification shall not to be referred to arbitration at allaffect any other provision of this Agreement. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator We shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived any rights or remedies hereunder unless such waiver is in writing and absolutely barred and the company signed by one of our authorized representatives. No delay or omission on our part in exercising any rights or remedies shall be discharged and released operate as a waiver of all liabilities under the Contract in respect of these claimssuch rights or remedies or any other rights or remedies. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would A waiver on any one occasion shall not be open to arbitration. The arbitrator shall be deemed to have entered construed as a bar or waiver of any rights or remedies on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractfuture occasions.
Appears in 2 contracts
Samples: Commercial Online and Mobile Banking Agreement, Online and Mobile Banking Agreement
Arbitration. Except where otherwise provided for (a) Notwithstanding Section 14, Lender may, in the Contractits sole discretion, all questions and disputes relating choose to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to submit any other question, claim, right, matter or thing whatsoever in any way dispute arising out of or relating to in connection with this Contract for binding arbitration in Stockholm, Sweden under the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress auspices of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration International Chamber of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator Commerce in accordance with the terms Rules of Conciliation and Arbitration of the Contract. Such person shall be entitled to proceed with International Chamber of Commerce as in effect on the reference from the stage at which his predecessor left it. It is also a terms date of this Contract that no person other than a person appointed (except to the extent this Section 15 specifies different procedures in which event such procedures will govern the arbitration to the extent so specified). Lender may choose arbitration with respect to any dispute at any time either before or after any filing of any claim, action or proceeding with any court by such Chairman & Managing Directoreither party, as aforesaid should act as arbitrator and if for any reasonprovided, however, that is not possibleonce Lender makes such a choice, the matter is not to relevant dispute will be referred to settled finally and exclusively by arbitration at allirrespective of (i) whether any claim, action or proceeding has already been commenced in any court, (ii) the magnitude of such dispute or (iii) whether such dispute would otherwise be considered justiciable or ripe for resolution by a court or arbitral tribunal. In all cases where the amount of event that a claim, action or proceeding has already been commenced in a court when Lender chooses to submit the claim in relevant dispute for arbitration, both parties hereto will immediately discontinue and withdraw the claim, action or proceeding from the court so that the dispute may be handled exclusively by arbitration. Once a dispute is Rs. 50,000/-(Rupees Fifty Thousand) and abovesubmitted by Lender to arbitration, the arbitrator Borrower shall give reasons for the award. Subject as aforesaidnot have any right to file any claim, the provisions of the Arbitration Act, 1940 action or proceeding in any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed court in respect of each such dispute or any matter relating to such dispute so that the dispute may be handled exclusively by arbitration. Any action by Lender to submit any dispute for arbitration shall not prevent Lender from bringing any claim, action or proceeding in any court with respect to any other dispute. It is also a term of the Contract that if the Contractor does Borrower shall not make have any demand for right to submit any dispute to arbitration. Any settlement and award rendered through arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, proceeding will be final and would binding upon the parties hereto if the decision is in writing and contains a reasoned analysis explaining the arbitrators' reasons for rendering the award. This Contract and the rights and obligations of the parties hereto will remain in full force and effect pending the award in such arbitration proceeding, which award will determine whether and when termination of this Contract shall become effective.
(b) The arbitration will be conducted in English and Chinese.
(c) There will be three arbitrators. Each party will select one arbitrator within 30 days after Lender elects to commence arbitration. Such arbitrators will be freely selected, and the parties hereto will not be open limited in their selection to arbitrationany prescribed list. The Within 30 days after the selection of the latter of the two arbitrators selected by the parties, the two arbitrators shall select the third arbitrator; if the two arbitrators do not select the third within such 30 day period, the arbitrating body will select the third arbitrator. If a party does not appoint an arbitrator shall be deemed who has consented to have entered on participate within 30 days after the reference on the date he issues notice to both the parties fixing the date selection of the first hearingarbitrator, the relevant appointment will be made by the arbitrating body. The venue costs of Arbitration shall the arbitration will be such place borne by the parties hereto as determined by the arbitration tribunal taking into account the relative merits of the positions of the parties.
(d) The parties hereto agree that the arbitral award may be fixed enforced against the parties or their assets wherever they may be found and that a judgment upon the arbitral award may be entered in any court having jurisdiction thereof. Accordingly, the parties hereto irrevocably agree that any action to enforce such judgment may be instituted wherever appropriate and each party hereby irrevocably waives, to the fullest extent permitted by law, any objection which it may have now or hereafter to the Arbitrator, in his sole discretion. The award laying of the Arbitrator shall be final, conclusive venue or the jurisdiction or the convenience of the forum of any such action and binding all irrevocably submits generally and unconditionally to the parties to this Contractjurisdiction of any such court in any such action.
Appears in 2 contracts
Samples: Shareholder Loan Contract (Aes China Generating Co LTD), Shareholder Loan Contract (Aes China Generating Co LTD)
Arbitration. Except where otherwise provided for in The parties shall use their best efforts and good will to settle all disputes by amicable negotiations. The Company and the ContractExecutive agree that, all questions with the express exception of any dispute or controversy arising under Sections 11 and disputes relating to the meaning 12 of the specificationsthis Agreement, designs, drawings and instructions herein before mentioned and as to the quality of workmanship any controversy or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way claim arising out of or in any way relating to the ContractExecutive’s employment with the Company, designsincluding, drawingswithout limitation, specificationsany and all disputes concerning this Agreement and the termination of this Agreement that are not amicably resolved by negotiation, estimatesshall, instructionsto the fullest extent permitted by applicable law, orders or these conditions or otherwise concerning the worksbe submitted to and decided by arbitration in New Jersey, or such other place agreed to by the execution or failure to execute parties, as follows: Any such arbitration shall be heard by a single arbitrator. Except as the sameparties may otherwise agree, whether arising during the progress arbitration, including the procedures for the selection of the work or after the completion or abandonment thereofan arbitrator, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator conducted in accordance with the terms National Rules for the Resolution of Employment Disputes of the ContractAmerican Arbitration Association (“AAA”). Such person To the fullest extent permitted by applicable law, the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the enforceability or formation of the arbitration requirement contained in this Section and the arbitrability of any dispute between the parties. All attorneys’ fees and costs of the arbitration shall in the first instance be entitled borne by the respective party incurring such costs and fees, but the arbitrator shall have the discretion to proceed with award costs and/or attorneys’ fees as he or she deems appropriate under the reference from circumstances. The parties hereby expressly waive punitive damages, and under no circumstances shall an award contain any amounts that are in any way punitive in nature. Judgment on the stage at which his predecessor left itaward rendered by the arbitrator may be entered in any court having jurisdiction thereof. It is also a terms of this Contract intended that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 controversies or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred claims submitted to arbitration under this Section 8 shall remain confidential, and to that end it is agreed by the clause together parties that neither the facts disclosed in the arbitration, the issues arbitrated, nor the view or opinions of any persons concerning them, shall be disclosed to third persons at any time, except to the extent necessary to enforce an award or judgment or as required by law or in response to legal process or in connection with such arbitration. Notwithstanding anything in this Agreement to the contrary, nothing in this Section 8 or this Agreement shall be construed to prevent the Executive from filing a complaint or charge with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the ContractorU.S. Equal Employment Opportunity Commission, the claim of New Jersey Division on Civil Rights or any similar federal or state administrative agency. Notwithstanding the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent foregoing, each of the parties enlarge agrees that, prior to submitting a dispute under this Agreement to arbitration, the timeparties agree to submit for a period of sixty (60) days, for making and publishing to voluntary mediation before a jointly selected neutral third party mediator under the award. The decision auspices of JAMS, New York, New York Resolutions Center (or any successor location), pursuant to the procedures of JAMS International Mediation Rules conducted in New Jersey (however, such mediation or obligation to mediate shall not suspend or otherwise delay any termination or other action of the Engineer-in-charge regarding Company or affect the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractCompany’s other rights).
Appears in 2 contracts
Samples: Employment Agreement (Everest Reinsurance Holdings Inc), Employment Agreement (Everest Group, Ltd.)
Arbitration. Except where otherwise provided for (a) Any dispute, claim or controversy arising under or in the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, connection with this Agreement or the execution Executive’s employment hereunder or failure to execute the sametermination thereof, whether arising during the progress of the work or after the completion or abandonment thereofother than injunctive relief under Section 12 hereof, shall be referred to the sole settled exclusively by arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed administered by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if American Arbitration Association (the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda “AAA”) and that he had to deal with the matters to which the Contract relates and that carried out in the course State of his duties as such he had expressed views on all or any of the matters in dispute or differenceMassachusetts. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, arbitration shall appoint another person to act as arbitrator be conducted in accordance with the terms AAA rules governing commercial arbitration in effect at the time of the Contractarbitration, except as modified herein. Such person There shall be entitled to proceed with one arbitrator, mutually selected by the reference Company and the Executive from a list of arbitrators provided by the stage at which his predecessor left itAAA within thirty (30) days of receipt by respondent of the demand for arbitration. It is also a terms of this Contract If the Company and Executive cannot mutually agree on an arbitrator within thirty (30) days, then the Parties shall request that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as the AAA appoint the arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give be appointed by the AAA within fifteen (15) days of receiving such request.
(b) The arbitration shall commence within forty-five (45) days after the appointment of the arbitrator; the arbitration shall be completed within sixty (60) days of commencement; and the arbitrator’s award shall be made within thirty (30) days following such completion. The parties may agree to extend the time limits specified in the foregoing sentence.
(c) The arbitrator may award any form of relief permitted under this Agreement and applicable law, including damages and temporary or permanent injunctive relief, except that the arbitral tribunal is not empowered to award damages in excess of compensatory damages, and each party hereby irrevocably waives any right to recover punitive, exemplary or similar damages with respect to any dispute. The arbitrator may award attorney’s fees. The award shall be in writing and shall state the reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s.
(d) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of rendered by the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will arbitral tribunal shall be final and would not be open to arbitration. The arbitrator shall be deemed to have entered binding on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractAgreement. Judgment may be entered in any court of competent jurisdiction. The parties hereto waive, to the fullest extent permitted by law, any rights to appeal to, or to seek review of such award by, any court. The parties hereto further agree to obtain the arbitral tribunal’s agreement to preserve the confidentiality of the arbitration.
Appears in 2 contracts
Samples: Employment Agreement (Endurance International Group Holdings, Inc.), Employment Agreement (Endurance International Group Holdings, Inc.)
Arbitration. Except where otherwise provided for in At the Contractelection of either you or us, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, rightdispute or controversy (“Claim”) by either you or us against the other, matter arising from or thing whatsoever relating in any way arising out of to this Agreement or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksyour Account, or their establishment, or any transaction or activity on your Account, including (without limitation) Claims based on contract, tort (including intentional torts), fraud, agency, negligence, statutory or regulatory provisions or any other source of law and (except as otherwise specifically provided in this Agreement) Claims regarding the execution applicability of this arbitration provision or failure to execute the same, whether arising during the progress validity of the work or after the completion or abandonment thereofentire Agreement, shall be referred resolved exclusively by arbitration. For purposes of this provision, “you” includes yourself, any authorized user on the Account, and any of your agents, beneficiaries or assigns, or anyone acting on behalf of the foregoing, and “we” or “us” includes our employees, parents, subsidiaries, affiliates, beneficiaries, agents and assigns, and to the sole arbitration extent included in a proceeding in which Farm Bureau Bank, FSB, is a party, its service providers and marketing partners. Any Claims sought to be made or remedies sought to be obtained as part of any class action, private attorney general or other representative action (hereafter all included in the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling term “class action”) shall be subject to act to the sole arbitration, of some and arbitrated on an individual basis between you and us, not on a class or representative or other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or differencecollective basis. The arbitrator shall not have any authority to whom the matter is originally referred being transferred entertain a claim, or vacating his office to award any relief, on behalf of or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person against anyone other than a person appointed by such Chairman & Managing Directornamed party to the arbitration proceeding. If any Claim is advanced in a court, as aforesaid should act as arbitrator and if for any reasonarbitration may be elected under this provision instead, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking right to elect arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and if the company shall be discharged and released election is made at any time before commencement of all liabilities under the Contract in respect of these claimstrial. The arbitrator(s) may from time to time with consent of the parties enlarge the timeARBITRATION WITH RESPECT TO A CLAIM IS BINDING AND NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION YOU AND WE WILL NOT HAVE THE RIGHTS THAT ARE PROVIDED IN COURT INCLUDING THE RIGHT TO A TRIAL BY JUDGE OR JURY AND THE RIGHT TO PARTICIPATE OR BE REPRESENTED IN PROCEEDINGS BROUGHT BY OTHERS SUCH AS CLASS ACTIONS OR SIMILAR PROCEEDINGS. IN ADDITION, THE RIGHT TO DISCOVERY AND THE RIGHT TO APPEAL ARE ALSO LIMITED OR ELIMINATED BY ARBITRATION. ALL OF THESE RIGHTS ARE WAIVED AND ALL CLAIMS MUST BE RESOLVED THROUGH ARBITRATION. Your Billing Rights: Keep this Document for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractFuture Use.
Appears in 2 contracts
Samples: Cardholder Agreement, Cardholder Agreement
Arbitration. 13.01 Where a difference arises between the parties relating to the interpretation, application, or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration.
13.02 Any matter referred to arbitration, as provided in Article 12 and 13, hereof, shall be submitted to a single arbitrator mutually agreed upon by the Parties.
13.03 The arbitrator will have the authority to act as a mediator/arbitrator upon application of either party and will hear and determine the difference or allegation, and will issue a decision, and the decision is final and binding upon the parties, and upon any Employee affected by it.
13.04 The arbitrator will have the right to enter any premises where work is being done or has been done by the Employee, or in which the Employer carries on business, or where anything is taking place or has taken place concerning any of the differences submitted to the Arbitrator and inspect and view any work material, machinery, appliance or article therein, and interrogate any person respecting any such thing or any of such differences.
13.05 Except where otherwise provided for in the Contractthis Agreement, all questions and disputes relating to the meaning each of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as Parties hereto will bear its own expense with respect to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to arbitration proceedings. The Parties hereto will bear jointly the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress expenses of the work or after arbitrator on an equal basis.
13.06 No matter may be submitted to arbitration which has not first been properly carried through all preceding steps of the completion or abandonment thereof, shall Grievance Procedure.
13.07 The Arbitrator will have jurisdiction and authority to interpret and apply the provisions of this Agreement insofar as it may be necessary for the determination of a grievance referred to it, but will not have the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda jurisdiction and if the Chairman and Managing Director is unable authority to alter or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or amend any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms provisions of this Contract that no person other than a person appointed Agreement.
13.08 A claim by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract an Employee that the party invoking arbitration shall specify the dispute Employee has been unjustly discharged, suspended or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineerlaid-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which off may be decided to be acceptedsettled by confirming the Employer’s decision in discharging, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on suspending or laying-off the reference on Employee, or by reinstating the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be Employee with such place compensation, either full, partial or such other settlement as may be fixed agreed upon by the conferring parties or determined by the Arbitrator, as the case may be.
13.09 At arbitration the Company will compensate the grievor, the grievor’s xxxxxxx and the necessary witnesses for time spent at the arbitration hearing.
13.10 It is hereby agreed by both parties that the Company will not subpoena or call as a witness in his sole discretionany arbitration hearings the grievor himself. The award of proceeding does not mean that the Arbitrator shall be final, conclusive and binding all Employer cannot cross-examine the parties to this Contractgrievor when called by the Union.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Arbitration. Except where otherwise provided for in (a) If the Contractparties are unable to resolve any dispute or claim relating directly or indirectly to this Agreement or any dispute or claim between Executive and the Company or its officers, all questions directors, agents, or employees (a “Dispute”), then either party may require the matter to be settled by final and disputes relating binding arbitration by sending written notice of such election to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, party clearly marked “Arbitration Demand.” Such Dispute shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator arbitrated in accordance with the terms and conditions of this Section 15. Notwithstanding the Contract. Such person foregoing, either party may apply to a court of competent jurisdiction for a temporary restraining order, a preliminary injunction, or other equitable relief to preserve the status quo or prevent irreparable harm.
(b) The Dispute shall be entitled to proceed resolved by a single arbitrator in an arbitration administered by the American Arbitration Association in accordance with its Employment Arbitration Rules and judgment upon the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed award rendered by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or may be entered in any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the awardcourt having jurisdiction thereof. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will arbitrator shall be final and would binding on the parties, and specific performance giving effect to the decision of the arbitrator may be ordered by any court of competent jurisdiction.
(c) Nothing contained herein shall operate to prevent either party from asserting counterclaim(s) in any arbitration commenced in accordance with this Agreement, and any such party need not comply with the procedural provisions of this Section 15 in order to assert such counterclaim(s).
(d) The arbitration shall be open filed with the office of the American Arbitration Association (“AAA”) located in Detroit, Michigan or such other AAA office as the parties may agree upon (without any obligation to so agree). The arbitration shall be conducted pursuant to the Employment Arbitration Rules of AAA as in effect at the time of the arbitration hearing, such arbitration to be completed in a 60-day period. In addition, the following rules and procedures shall apply to the arbitration. :
(i) The arbitrator shall be deemed have the sole authority to have entered on the reference on the date he issues notice to both decide whether or not any Dispute between the parties fixing is arbitrable and whether the date party presenting the issues to be arbitrated has satisfied the conditions precedent to such party’s right to commence arbitration as required by this Section 15.
(ii) The decision of the first hearing. The venue of Arbitration arbitrator, which shall be such place as in writing and state the findings, the facts and conclusions of law upon which the decision is based, shall be final and binding upon the parties, who shall forthwith comply after receipt thereof. Judgment upon the award rendered by the arbitrator may be fixed entered by any competent court. Each party submits itself to the Arbitratorjurisdiction of any such court, in his sole discretion. The award but only for the entry and enforcement to judgment with respect to the decision of the Arbitrator arbitrator hereunder.
(iii) The arbitrator shall have the power to grant all legal and equitable remedies (including, without limitation, specific performance) and award compensatory and punitive damages if authorized by applicable law.
(iv) Except as provided in Section 11, the parties shall bear their own costs in preparing for and participating in the resolution of any Dispute pursuant to this Section 15, and the costs of the arbitrator(s) shall be finalequally divided between the parties.
(v) Except as provided in the last sentence of Section 15(a), conclusive the provisions of this Section 15 shall be a complete defense to any suit, action or proceeding instituted in any federal, state or local court or before any administrative tribunal with respect to any Dispute arising in connection with this Agreement. Any party commencing a lawsuit in violation of this Section 15 shall pay the costs of the other party, including, without limitation, reasonable attorney’s fees and binding all the parties to this Contractdefense costs.
Appears in 2 contracts
Samples: Employment Agreement (Rockwell Medical, Inc.), Employment Agreement (Rockwell Medical, Inc.)