Common use of Arbitrator Selection and Authority Clause in Contracts

Arbitrator Selection and Authority. All disputes involving Arbitrable Claims shall be decided by a single arbitrator. The arbitrator shall be selected by mutual agreement of the parties within thirty (30) days of the effective date of the notice initiating the arbitration. If the parties cannot agree on an arbitrator, then the complaining party shall notify the AAA and request selection of an arbitrator in accordance with the AAA Employment Rules. The arbitrator shall have only such authority to award equitable relief, damages, costs, and fees as a court would have for the particular claim(s) asserted. The fees of the arbitrator shall be paid equally by the parties. If the allocation of responsibility for payment of the arbitrator’s fees would render the obligation to arbitrate unenforceable, the parties authorize the arbitrator to modify the allocation as necessary to preserve enforceability. The arbitrator shall have exclusive authority to resolve all Arbitrable Claims, including, but not limited to, whether any particular claim is arbitrable and whether all or any part of this Agreement is void or unenforceable.

Appears in 8 contracts

Samples: Employment Agreement (NightHawk Radiology Holdings Inc), Employment Agreement (NightHawk Radiology Holdings Inc), Employment Agreement (NightHawk Radiology Holdings Inc)

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Arbitrator Selection and Authority. All disputes involving Arbitrable Arbitral Claims shall be decided by a single arbitrator. The arbitrator shall be selected by mutual agreement of the parties within thirty (30) days of the effective date of the notice initiating the arbitration. If the parties cannot agree on an arbitrator, then the complaining party shall notify the AAA JAMS and request selection of an arbitrator in accordance with the AAA Employment RulesJAMS' rules. The arbitrator shall have only such authority to award equitable relief, damages, costs, costs and fees as a court would have for the particular claim(s) asserted. The fees of the arbitrator shall be paid equally by the parties. The parties shall each be responsible for whatever costs they would have otherwise incurred had their claims been filed in court. If the allocation of responsibility for payment of the arbitrator’s 's fees would render the obligation to arbitrate unenforceable, the parties authorize the arbitrator to modify the allocation as necessary to preserve enforceability. The arbitrator shall have exclusive authority to resolve all Arbitrable Arbitral Claims, including, but not limited to, whether any particular claim is arbitrable arbitral and whether all or any part of this Agreement is void or unenforceable.

Appears in 7 contracts

Samples: Employment Agreement (Integrated Healthcare Holdings), Employment Agreement (Integrated Healthcare Holdings), Employment Agreement (Integrated Healthcare Holdings)

Arbitrator Selection and Authority. All disputes involving Arbitrable Claims shall be decided by a single arbitrator. The arbitrator shall be selected by mutual agreement of the parties within thirty (30) days of the effective date of the notice initiating the arbitration. If the parties cannot agree on an arbitrator, then the complaining party shall notify the AAA and request selection of an arbitrator in accordance with the AAA Employment Rules. The arbitrator shall have only such authority to award equitable relief, damages, costs, and fees as a court would have for the particular claim(s) asserted. The fees of the arbitrator shall be paid equally by the partiesnon-prevailing party. If the allocation of responsibility for payment of the arbitrator’s 's fees would render the obligation to arbitrate unenforceable, the parties authorize the arbitrator to modify the allocation as necessary to preserve enforceability. The arbitrator shall have exclusive authority to resolve all Arbitrable Claims, including, but not limited to, whether any particular claim is arbitrable and whether all or any part of this Agreement is void or unenforceable.

Appears in 6 contracts

Samples: Employment Agreement (Seabright Insurance Holdings Inc), Employment Agreement (Seabright Insurance Holdings Inc), Employment Agreement (Seabright Insurance Holdings Inc)

Arbitrator Selection and Authority. All disputes involving Arbitrable Claims shall be decided by a single arbitrator. The arbitrator shall be selected by mutual agreement of the parties within thirty (30) days of the effective date of the notice initiating the arbitration. If the parties cannot agree on an arbitrator, then the complaining party shall notify the AAA and request selection of an arbitrator in accordance with the AAA Employment Rules. The arbitrator shall have only such authority to award equitable relief, damages, costs, and fees as a court would have for the particular claim(s) asserted. The fees of the arbitrator shall be paid equally by the partiesnon-prevailing party. If the allocation of responsibility for payment of the arbitrator’s fees would render the obligation to arbitrate unenforceable, the parties authorize the arbitrator to modify the allocation as necessary to preserve enforceability. The arbitrator shall have exclusive authority to resolve all Arbitrable Claims, including, but not limited to, whether any particular claim is arbitrable and whether all or any part of this Agreement is void or unenforceable.

Appears in 5 contracts

Samples: Employment Agreement (Seabright Insurance Holdings Inc), Employment Agreement (NightHawk Radiology Holdings Inc), Transition and Separation Agreement (NightHawk Radiology Holdings Inc)

Arbitrator Selection and Authority. All disputes involving Arbitrable Claims shall be decided by a single arbitrator. The arbitrator shall be selected by mutual agreement of the parties within thirty (30) days of the effective date of the notice initiating the arbitration. If the parties cannot agree on an arbitrator, then the complaining party shall notify the AAA and request selection of an arbitrator in accordance with the AAA Employment Rules. The arbitrator shall have only such authority to award equitable relief, damages, costs, and fees as a court would have for the particular claim(s) asserted. The fees of the arbitrator and AAA shall be paid equally by the partiesnon-prevailing party. If the allocation of responsibility for payment of the arbitrator’s fees would render the obligation to arbitrate unenforceable, the parties authorize and agree to instruct the arbitrator to modify the allocation as necessary to preserve enforceability. The arbitrator shall have exclusive authority to resolve all Arbitrable Claims, including, but not limited to, whether any particular claim is arbitrable arbitrability and whether all or any part of this Agreement is void or unenforceable.

Appears in 4 contracts

Samples: Employment Agreement (Interactive Health, Inc.), Employment Agreement (Interactive Health, Inc.), Employment Agreement (Interactive Health, Inc.)

Arbitrator Selection and Authority. All disputes involving Arbitrable Claims shall be decided by a single arbitrator. The arbitrator shall be selected by mutual agreement of the parties within thirty (30) days of the effective date of the notice initiating the arbitration. If the parties cannot agree on an arbitrator, then the complaining party shall notify the AAA and request selection of an arbitrator in accordance with the AAA Employment Rules. The arbitrator shall have only such authority to award equitable relief, damages, costs, and fees as a court would have for the particular claim(s) assertedasserted and any action of the arbitrator in contravention of this limitation may be the subject of court appeal by the aggrieved party. The fees No other aspect of any ruling by the arbitrator shall be paid equally by the parties. If the allocation of responsibility appealable, and, except for payment being limited to relief that would be available in a court proceeding, all other aspects of the arbitrator’s fees would render ruling shall be final and non-appealable. The expenses of arbitration shall be borne by the obligation to arbitrate unenforceable, the parties authorize the arbitrator to modify the allocation as necessary to preserve enforceabilityCompany. The arbitrator shall have exclusive authority to resolve all Arbitrable Claims, including, but not limited to, whether any particular claim is arbitrable and whether all or any part of this Agreement is void or unenforceable.

Appears in 4 contracts

Samples: Employment Agreement (Peoples Choice Financial Corp), Employment Agreement (Peoples Choice Financial Corp), Employment Agreement (Peoples Choice Financial Corp)

Arbitrator Selection and Authority. All disputes involving Arbitrable Claims shall be decided by a single arbitrator. The arbitrator shall be selected by mutual agreement of the parties within thirty (30) days of the effective date of the notice initiating the arbitration. If the parties cannot agree on an arbitrator, then the complaining party shall notify the AAA and request selection of an arbitrator in accordance with the AAA Employment Rules. The arbitrator shall have only such authority to award equitable relief, damages, costs, and fees as a court would have for the particular claim(s) asserted. The fees of the arbitrator shall be paid equally by the partiessplit between both parties equally. If the allocation of responsibility for payment of the arbitrator’s 's fees would render the obligation to arbitrate unenforceable, the parties authorize the arbitrator to modify the allocation as necessary to preserve enforceability. The arbitrator shall have exclusive authority to resolve all Arbitrable Claims, including, but not limited to, whether any particular claim is arbitrable and whether that all or any part of this Agreement is void or unenforceable.

Appears in 3 contracts

Samples: Employment Agreement (Odwalla Inc), Employment Agreement (Odwalla Inc), Employment Agreement (Odwalla Inc)

Arbitrator Selection and Authority. All disputes involving Arbitrable Claims shall be decided by a single arbitrator. The arbitrator shall be selected by mutual agreement of the parties within thirty (30) days of the effective date of the notice initiating the arbitration. If the parties cannot agree on an arbitrator, then the complaining party shall notify the AAA National Academy of Distinguished Neutrals Association and request selection of an arbitrator in accordance with the AAA Employment RulesNADN rules. The arbitrator shall have only such authority to award equitable relief, damages, costs, costs and fees as a court would have for the particular claim(s) asserted. The fees of the arbitrator shall be paid equally by the parties. If the allocation of responsibility for of the payment of the arbitrator’s fees would render the obligation to arbitrate unenforceable, the parties authorize the arbitrator to modify the allocation as necessary to preserve enforceability. The arbitrator shall have exclusive authority to resolve all Arbitrable Claims, including, but not limited to, to whether any a particular claim is arbitrable can be arbitrated and whether all or any part of this Agreement is void or unenforceable.

Appears in 2 contracts

Samples: Express Customer Agreement, Express Customer Agreement

Arbitrator Selection and Authority. All disputes involving Arbitrable Claims shall be decided by a single arbitrator. The arbitrator shall be selected by mutual agreement of the parties within thirty (30) days of the effective date of the notice initiating the arbitration. If the parties cannot agree on an arbitrator, then the complaining party shall notify the AAA and request selection of an arbitrator in accordance with the AAA Employment Rules. The arbitrator shall have only such authority to award equitable relief, damages, costs, and fees as a court would have for the particular claim(s) assertedasserted and any action of the arbitrator in contravention of this limitation maybe the subject of court appeal by the aggrieved party. The fees No other aspect of any ruling by the arbitrator shall be paid equally by the parties. If the allocation of responsibility appealable, and, except for payment being limited to relief that would be available in a court proceeding, all other aspects of the arbitrator’s fees would render ruling shall be final and non-appealable. The expenses of arbitration shall be borne by the obligation to arbitrate unenforceable, the parties authorize the arbitrator to modify the allocation as necessary to preserve enforceabilityCompany. The arbitrator shall have exclusive authority to resolve all Arbitrable Claims, including, but not limited to, whether any particular claim is arbitrable and whether all or any part of this Agreement is void or unenforceable.

Appears in 1 contract

Samples: Employment Agreement (Peoples Choice Financial Corp)

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Arbitrator Selection and Authority. All disputes involving Arbitrable Arbitral Claims shall be decided by a single arbitrator. The arbitrator shall be selected by mutual agreement of the parties within thirty (30) days of the effective date of the notice initiating the arbitration. If the parties cannot agree on an arbitrator, then the complaining party shall notify the AAA JAMS and request selection of an arbitrator in accordance with the AAA Employment RulesJAMS' rules. The arbitrator shall have only such authority to award equitable relief, damages, costs, costs and fees as a court would have for the particular claim(s) asserted. The fees of the arbitrator shall be paid equally by the partiesEmployer. The parties shall each be responsible for whatever costs they would have otherwise incurred had their claims been filed in court. If the allocation of responsibility for payment of the arbitrator’s 's fees would render the obligation to arbitrate unenforceable, the parties authorize the arbitrator to modify the allocation as necessary to preserve enforceability. The arbitrator shall have exclusive authority to resolve all Arbitrable Arbitral Claims, including, but not limited to, whether any particular claim is arbitrable arbitral and whether all or any part of this Agreement is void or unenforceable.

Appears in 1 contract

Samples: Employment Agreement (Integrated Healthcare Holdings)

Arbitrator Selection and Authority. All disputes involving Arbitrable Claims shall be decided by a single arbitrator. The arbitrator shall be selected by mutual agreement of the parties within thirty (30) days of the effective date of the notice initiating the arbitration. If the parties cannot agree on an arbitrator, then the complaining party shall notify the AAA and request selection of an arbitrator in accordance with the AAA Employment Rules. The arbitrator shall have only such authority to award equitable relief, damages, costs, and fees as to the greatest extent permitted by law, including, but not limited to, any remedy or relief that a court would have for the particular claim(s) assertedhave. The fees of the arbitrator shall be paid equally borne by the partiesnon-prevailing party, as determined by the arbitrator. If the allocation of responsibility for payment of the arbitrator’s fees would render the obligation to arbitrate unenforceable, the parties authorize the arbitrator to modify the allocation as necessary to preserve enforceability. The arbitrator shall have exclusive authority to resolve all Arbitrable Claims, including, but not limited to, whether any particular claim is arbitrable and whether all or any part of this Agreement is void or unenforceable.

Appears in 1 contract

Samples: Employment Agreement (Mti Technology Corp)

Arbitrator Selection and Authority. All A single arbitrator shall decide all disputes involving Arbitrable Claims shall be decided by a single arbitratorClaims. The arbitrator shall be selected by mutual agreement of the parties within thirty (30) days of the effective date of the notice initiating the arbitration. If the parties cannot agree on an arbitrator, then the complaining party shall notify the AAA and request selection of an arbitrator in accordance with the AAA Employment Rules. The arbitrator shall have only such authority to award equitable relief, damages, costs, and fees as to the greatest extent permitted by law, including, but not limited to, any remedy or relief that a court would have for the particular claim(s) assertedhave. The fees of the arbitrator shall be paid equally by the partiessplit between both parties equally. If the allocation of responsibility for payment of the arbitrator’s 's fees would render the obligation to arbitrate unenforceable, the parties authorize the arbitrator to modify the allocation as necessary to preserve enforceability. The arbitrator shall have exclusive authority to resolve all Arbitrable Claims, including, but not limited to, whether any particular claim is arbitrable and whether all or any part of this Agreement is void or unenforceable.

Appears in 1 contract

Samples: Employment and Confidentiality Agreement (724 Solutions Inc)

Arbitrator Selection and Authority. All disputes involving Arbitrable Claims shall be decided by a single arbitrator. The arbitrator shall be selected by mutual agreement of the parties within thirty (30) days of the effective date of the notice initiating the arbitration. If the parties cannot agree on an arbitrator, then the complaining party shall notify the AAA JAMS and request selection of an arbitrator in accordance with the AAA Employment RulesJAMS' rules. The arbitrator shall have only such authority to award equitable relief, damages, costs, costs and fees as a court would have for the particular claim(s) asserted. The fees of the arbitrator shall be paid equally by the parties. The parties shall each be responsible for whatever costs they would have otherwise incurred had their claims been filed in court. If the allocation of responsibility for payment of the arbitrator’s 's fees would render the obligation to arbitrate unenforceable, the parties authorize the arbitrator to modify the allocation as necessary to preserve enforceability. The arbitrator shall have exclusive authority to resolve all Arbitrable Claims, including, but not limited to, whether any particular claim is arbitrable Arbitrable and whether all or any part of this Agreement is void or unenforceable.

Appears in 1 contract

Samples: Employment Agreement (Integrated Healthcare Holdings Inc)

Arbitrator Selection and Authority. All disputes involving Arbitrable Claims shall be decided by a single arbitrator. The arbitrator shall be selected by mutual agreement of the parties within thirty (30) days of the effective date of the notice initiating the arbitration. If the parties cannot agree on an arbitrator, then the complaining party shall notify the AAA and request selection of an arbitrator in accordance with the AAA Employment Rules. The arbitrator shall have only such authority to award equitable relief, damages, costs, and fees as to the greatest extent permitted by law, including, but not limited to, any remedy or relief that a court would have for the particular claim(s) assertedhave. The fees of the arbitrator shall be paid equally borne by the partiesnon-prevailing party, as determined by the arbitrator. If the allocation of responsibility for payment of the arbitrator’s 's fees would render the obligation to arbitrate unenforceable, the parties authorize the arbitrator to modify the allocation as necessary to preserve enforceability. The arbitrator shall have exclusive authority to resolve all Arbitrable Claims, including, but not limited to, whether any particular claim is arbitrable and whether all or any part of this Agreement is void or unenforceable.

Appears in 1 contract

Samples: Employment Agreement (Mti Technology Corp)

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