BINDING ARBITRATION CLAUSE Sample Clauses
A binding arbitration clause requires that any disputes arising under the contract be resolved through arbitration rather than through court litigation, and that the arbitrator’s decision is final and legally enforceable. In practice, this means that if a disagreement occurs, both parties must submit their case to a neutral third-party arbitrator, whose ruling they are obligated to accept without further appeal to the courts. This clause streamlines dispute resolution, often saving time and legal costs, and provides certainty by preventing prolonged litigation.
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BINDING ARBITRATION CLAUSE. SAMPLE If the PURCHASER and the ADMINISTRATOR/PROVIDER fail to agree on any matter concerning this CONTRACT, both parties hereby agree to submit to have the matter settled through arbitration. Utilizing the Streamlined Arbitration Rules Of The National Arbitration Association, the PURCHASER and the ADMINSTRATOR/PROVIDER will each select an arbitrator and the two arbitrators selected in this fashion will select a third arbitrator. The decisions of any two of the three arbitrators is final and will be binding upon the PURCHASER and the ADMINISTRATOR/PROVIDER. The costs of the arbitration are to be bound equally by the parties and each party is responsible for their own legal representation costs if they should choose to be represented by an attorney. Class wide arbitration is not permitted under this contract.
BINDING ARBITRATION CLAUSE. THE PARTIES HEREBY WAIVE THEIR RIGHT TO A JURY TRIAL. ANY CONTROVERSY OR CLAIM ARISING OUT OF CONTRACT, TORT, STATUTE OR OTHERWISE (INCLUDING THE INTERPRETATION OF THIS ARBITRATION CLAUSE, AND THE ARBITRABILITY OF THIS CLAIM OR DISPUTE BETWEEN THE PARTIES HERETO AND/OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, OR CONSIGNORS, SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., UNDER JAMS COMPREHENSIVE ARBITRATION RULES & PROCEDURES. THE NUMBER OF ARBITRATORS SHALL BE ONE (1). THE PARTIES AGREE THAT THEY SHALL EACH BE RESPONSIBLE FOR THEIR OWN ARBITRATION FEES AND COSTS UNTIL SUCH TIME AS THE ARBITRATOR AWARDS ARBITRATION COSTS TO THE PREVAILING PARTY. THE ARBITRATION SHALL BE HELD NEW CASTLE COUNTY, DELAWARE. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THIS AGREEMENT SHALL BE CONSTRUED AND INTERPRETED ACCORDING TO THE LAWS OF THE STATE OF DELAWARE. IF ANY ACTION BASED ON THE PERFORMANCE, BREACH OR INTERPRETATION OF THIS CONTRACT IS BROUGHT, THE PREVAILING PARTY IN SUCH ACTION AS DETERMINED BY THE ARBITRATOR SHALL BE ENTITLED TO RECOVER FROM THE LOSING PARTY ALL ACTUAL AND DOCUMENTED COSTS, EXPENSES OF ARBITRATION, AND REASONABLE ATTORNEY'S FEES. ANY AWARD OF THE ARBITRATOR SHALL BE IN WRITING AND WILL BE FINAL AND BINDING ON ALL PARTIES, SUBJECT TO ANY LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT.
BINDING ARBITRATION CLAUSE. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such action shall take place in Pinellas County, Florida. The laws of the State of Florida shall prevail.
BINDING ARBITRATION CLAUSE. Guarantor hereby waives trial by jury in any action, proceeding or counterclaim brought by or against it on any matter whatsoever, in contract or in tort, arising out of or in any way connected with this Guaranty or the Guarantor’s obligations. Any controversy or claim arising out of or relating to this Guaranty or any breach hereof, shall be settled by arbitration conducted by a single arbitrator in accordance with the then current commercial arbitration rules of the American Arbitration Association. The arbitrator’s award shall be final and binding upon the parties, and judgment upon such award may be entered in any court having jurisdiction thereof. The arbitrator shall be selected in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator may, in his sole discretion, award fees (including reasonable attorneys’ fees) and costs to the prevailing party. The arbitration shall be held in New York City, New York, USA, or such other place as may be agreed upon at the time by the parties to the arbitration. The parties intend that this clause shall be valid, binding, enforceable and irrevocable and shall survive the expiration of this Guaranty.
BINDING ARBITRATION CLAUSE. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in New York, New York before three arbitrators. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
BINDING ARBITRATION CLAUSE. Many ISAs contain mandatory or voluntary pre-dispute arbitration clauses and class action waivers that prohibit wronged student borrowers from seeking relief through the court system.27 These clauses disadvantage student borrowers and prevent the broader public and government from learning whether an ISA agreement is wrongfully hurting consumers.28
BINDING ARBITRATION CLAUSE. SECTION 1 If the dispute or grievance is not settled in the foregoing steps and it involves the interpretation, application or claimed violation of any provision of this Agreement, then either Party may, upon written demand given to the other Party within ten (10) working days after the Employer's answer in the last step or the Union's answer to the Employer's claim of violation, submit said dispute or grievance to arbitration, as follows:
SECTION 2 Within five (5) working days after receipt of said written demand, the parties shall select a mutually acceptable, impartial arbitrator. If, within the said five (5) days, the parties fail or refuse to make the selection, then either Party may, upon written notice to the other, request the American Arbitration Association to make said appointment or selection, according to its rules. The arbitration proceeding shall be conducted under the rules of the American Arbitration Association.
SECTION 3 The Arbitrator shall not have authority to add to, subtract from, modify, change, or alter any of the provisions of this Agreement. The Arbitrator's decision regarding the dispute or grievance shall be final and binding on the parties. The fees and expenses of the Arbitrator shall be borne equally by the parties.
SECTION 4 An employee having a grievance under this Agreement who has another administrative appeal process available under Massachusetts law or other competent jurisdiction, must elect in writing one (1) process or procedure by which she wishes to pursue the grievance, in accordance with this Article or by whatever other process is available to her. If the employee's election of process is dismissed on procedural grounds and the merits of the grievance are not reached, an employee may then seek alternative means of resolution of the grievance; however, time limits shall not be tolled pending outcome of the first process.