Binding Arbitration of Disputes. Any matter so referred to arbitration, including any question as to whether a matter is arbitrable, shall be heard by an independent arbitrator. The notice of the party referring the decision to arbitration shall contain the names of three neutral persons, any of whom it is prepared to accept as Arbitrator. The recipient o the notice shall within fourteen days advise the other party of either its acceptance of one of the proposed persons as the arbitrator or shall suggest the names of other neutral persons it proposes to act as Arbitrator. If the recipient of the notice fails to respond, or if the two parties fail to agree upon a neutral person to act as Arbitrator within the time limits, the appointment shall be made by the Minister of Labour upon the request of either party. The Arbitrator shall hear and determine the matter and shall issue a decision. The decision shall be final and binding upon the parties and upon any employee affected by it.
Binding Arbitration of Disputes. Any dispute or controversy between Executive, on the one hand, and Alaska (or any other Releasee), on the other hand, in any way arising out of, related to, or connected with this Agreement or the subject matter thereof, or otherwise in any way arising out of, related to, or connected with Executive’s employment with Alaska or the conclusion of Executive’s employment with Alaska, shall be resolved through final and binding arbitration before an arbitrator in King County, Washington. The arbitrator shall be selected by mutual agreement of the parties; if none, then by striking from a panel of seven arbitrators provided by the American Arbitration Association. By entering into this agreement to arbitrate, the parties voluntarily waive any right to have covered disputes decided by a court of law and/or jury. In the event of such arbitration, the prevailing party shall be entitled to recover all reasonable costs and expenses incurred by such party in connection therewith, including attorneys’ fees. The nonprevailing party shall also be solely responsible for all costs of the arbitration, including, but not limited to, the arbitrator’s fees, court reporter fees, and any and all other administrative costs of the arbitration, and promptly shall reimburse the prevailing party for any portion of such costs previously paid by the prevailing party. Any dispute as to the reasonableness of costs and expenses shall be determined by the arbitrator. Except as may be necessary to enter judgment upon the award or to the extent required by applicable law, all claims, defenses and proceedings (including, without limiting the generality of the foregoing, the existence of the controversy and the fact that there is an arbitration proceeding) shall be treated in a confidential manner by the arbitrator, the parties and their counsel, and each of their agents, and employees and all others acting on behalf of or in concert with them. Without limiting the generality of the foregoing, no one shall divulge to any third party or person not directly involved in the arbitration the contents of the pleadings, papers, orders, hearings, trials, or awards in the arbitration, except as may be necessary to enter judgment upon an award as required by applicable law. Any court proceedings relating to the arbitration hereunder, including, without limiting the generality of the foregoing, to prevent or compel arbitration or to confirm, correct, vacate or otherwise enforce an arbitration award, shal...
Binding Arbitration of Disputes. THE PARTIES TO THIS AGREEMENT SPECIFICALLY AGREE THAT ANY DISPUTE (HEREINAFTER DEFINED) SHALL BE SUBMITTED TO BINDING ARBITRATION AS PROVIDED BY THE FEDERAL ARBITRATION ACT (9 U.S.C. §§1 ET SEQ.) AND NOT BY OR IN A COURT OF LAW OR EQUITY. "DISPUTES" (WHETHER CONTRACT, WARRANTY, TORT, STATUTORY OR OTHERWISE), SHALL INCLUDE, BUT ARE NOT LIMITED TO, ANY AND ALL CONTROVERSIES, DISPUTES OR CLAIMS ARISING UNDER, OR RELATED TO, THIS AGREEMENT OR ANY DEALINGS BETWEEN COMPANY AND HOMEOWNER. HOMEOWNER HAS EXECUTED THIS AGREEMENT ON BEHALF OF HIS OR HER CHILDREN AND OTHER OCCUPANTS OF THE HOME WITH THE INTENT THAT ALL SUCH PARTIES BE BOUND HEREBY. ANY DISPUTE SHALL BE SUBMITTED TO BINDING ARBITRATION WITHIN A REASONABLE TIME AFTER SUCH DISPUTE HAS ARISEN. NOTHING HEREIN SHALL EXTEND THE TIME PERIOD BY WHICH A CLAIM OR CAUSE OF ACTION MAY BE ASSERTED UNDER THE APPLICABLE STATUTE OF LIMITATIONS OR STATUTE OF REPOSE, AND IN NO EVENT SHALL THE DISPUTE BE SUBMITTED FOR ARBITRATION AFTER THE DATE WHEN INSTITUTION OF A LEGAL OR EQUITABLE PROCEEDING BASED ON THE UNDERLYING CLAIMS IN SUCH DISPUTE WOULD BE BARRED BY THE APPLICABLE STATUTE OF LIMITATIONS OR STATUTE OF REPOSE, IT BEING INTENDED THAT ALL SUCH DISPUTES SHALL BE TIME-BARRED IN THE SAME MANNER AS IF THEY WERE BROUGHT IN COURT.
Binding Arbitration of Disputes. (i) Any controversy, claim, or dispute between the parties (each, a “Dispute”), including any claim based on contract, tort or statute, arising out of or relating to the rights or obligations of the parties under this Agreement shall be resolved in accordance with this Section. Venue or location for any arbitration pursuant to this Agreement shall be referred to the office of American Arbitration Association (“AAA”) closest to the principal office of the Company in Palm Beach County, Florida. Any and all arbitration shall be conducted by a single arbitrator appointed in accordance with the rules of the AAA, as modified herein, and in accordance with its Commercial (or other) Arbitration Rules.
(ii) The rules to be followed in the arbitration shall be as follows:
(A) the petition for arbitration shall be submitted in the form of a complaint, prepared in conformance with law of the State of Florida, and filed with the arbitrator, with copies personally served on all responding parties; (B) the respondent shall have thirty (30) days to file a response in the form of an answer, prepared in compliance with the state in which the arbitration is commenced; (C) demurrers, motions to strike, and other pretrial motions permitted under the code of civil procedure in the state in which the arbitration is commenced shall be permitted in the arbitration proceeding; (D) the matters at issue shall be set for hearing by the arbitrator; (E) within twenty (20) days after the filing of the answer, the arbitrator shall schedule, at a mutual acceptable times for the parties, a pre-hearing conference, and discovery and hearing dates, and if the parties are unable so to agree, the arbitrator shall set the appropriate dates; and (F) any disputes concerning discovery shall be submitted to the arbitrator.
(iii) The arbitrator shall comply with, and the decision of the arbitrator shall be rendered in accordance with, the substantive laws of the State of Florida, without regard to choice of law principles. Notwithstanding the foregoing, the arbitrator shall not have the power to alter, modify, amend, add to, or subtract from any term or provision of this Agreement in any respect, nor to rule upon or grant any extension, renewal, or continuance of this Agreement. The arbitrator shall have the authority to grant any legal remedy available had the parties submitted the dispute to a judicial proceeding; provided that the arbitrator shall have no power or authority to grant injunctive reli...
Binding Arbitration of Disputes. Any dispute between the parties hereto, whether arising out of contract, tort or otherwise, or law, equity or otherwise, shall be submitted to binding arbitration before the American Arbitration Association in Ventura County, California under the rules relating to commercial arbitrations. Each party to any such dispute shall be entitled to serve one set of pre-arbitration requests for production of documents, containing not more that ten categories of documents to be produced, which shall be described with particularity therein, and shall be entitled to notice and take no more than two pre-arbitration depositions. Any disputes relating to such pre-arbitration discovery shall be submitted to the arbitrator.
Binding Arbitration of Disputes. Any Dispute which is not settled in accordance with the provisions of Section 4.1 of this Agreement shall be submitted to binding arbitration to be conducted in accordance with the following procedure:
(a) The party seeking arbitration hereunder may request such arbitration in writing, which writing shall include a clear statement of the matter(s) in dispute and shall name one arbitrator appointed by such party. Within twenty (20) business days after receipt of such request, the other party shall appoint one arbitrator, or in default thereof, such arbitrator shall be named as soon as practicable by the Arbitration Committee of the American Arbitration Association, and the two arbitrators so appointed shall name a third arbitrator within ten (10) business days, or failing such agreement on a third arbitrator by the two arbitrators so appointed, a third arbitrator shall be appointed by the Arbitration Committee of the American Arbitration Association.
(b) The arbitration hearing shall be held in New York, New York, on at least twenty (20) business days' prior written notice to the parties. Except as otherwise provided herein, the proceedings shall be conducted in accordance with the Commercial Arbitration Rules and procedures of the American Arbitration Association. Any decision of the arbitrators shall be joined in by at least two of the arbitrators and shall be set forth in a written award which shall state the basis of the award and shall include both findings of fact and conclusions of law. Notwithstanding the foregoing, in the case of any monetary dispute or claim for damages, the amount of which is contested, each party shall submit in writing a proposed arbitration award at the commencement of the arbitration hearing, and the arbitrators shall be required to adopt in full the proposed arbitration award of one of the parties with respect to such monetary amount or damages. Any award rendered pursuant to the foregoing, which may include an award or decree of specific performance hereunder, shall be final and binding on the parties and not subject to review or appeal, and judgment thereon may be entered or enforcement thereof sought by either party in a court of competent jurisdiction.
(c) Notwithstanding the foregoing, nothing contained herein shall be deemed to give the arbitrators appointed pursuant to the foregoing any authority, power or right to alter, change, amend, modify, waive, add to or delete from any of the provisions of this Agreement or th...
Binding Arbitration of Disputes. Any dispute or controversy relating to this Agreement or any services or charges by BetterSea (including, but not limited to, disputes or claims regarding breach of contract, fraud, or violation of any rule or statute) that cannot be resolved by discussion or negotiation, will be resolved exclusively through final and binding arbitration rather than by litigation in court. Such binding arbitration will take place in Los Angeles County, California in accordance with California substantive and procedural law, other than choice-of-law principles, under the auspices of J.A.M.S and before a retired judge or justice. If the parties are unable to agree upon a retired superior court judge or appellate judge or justice, the matter will be submitted to J.A.M.S. and the administrator will select three names for submission to the parties. Each party will have a right to strike one name and the remaining judge listed will be the arbitrator for all purposes. The fees of the arbitrator will be paid initially equally by Aura and BetterSea. However, the arbitrator shall have the right to order either party to pay all fees and costs as part of an award. All aspects of the arbitration shall be treated as confidential and neither the parties nor the arbitrator(s) may disclose the content or result of the arbitration, except as necessary to comply with legal or regulatory requirements. The result of the arbitration shall be binding on the parties and judgment on the arbitrator’s award may be entered in any court having jurisdiction. The prevailing party in any arbitration or legal proceeding arising from or relating to this Agreement or the services provided hereunder will be entitled to recover as costs the reasonable expenses incurred therewith, including, without limitation, reasonable attorneys’ fees, arbitrator fees, expert fees, court reporter fees, filing fees, and deposition fees, whether or not such costs are otherwise recoverable pursuant to the California Code of Civil Procedure.
Binding Arbitration of Disputes. Any controversy or dispute arising out of or in connection with this AGREEMENT its interpretation, performance, or termination, but not including validity or enforceability of patents licensed herein, ("DISPUTE") that the PARTIES are unable to resolve within [**] after written notice by one PARTY to the other of the existence of such DISPUTE, will be submitted to arbitration. The arbitration will be conducted in Delaware, US except as may otherwise be agreed by the PARTIES, in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect. Each DISPUTE will be submitted to a panel of three (3) impartial arbitrators with each PARTY selecting one (1) arbitrator within [**] after the commencement of the arbitration period and the two (2) selected arbitrators selecting a third arbitrator within [**] after the commencement of the arbitration period. Any arbitration hereunder will commence within [**] after appointment of the third arbitrator. No discovery by either PARTY will be permitted unless the arbitrators determine that the PARTY requesting such discovery has a substantial, demonstrable need. The arbitrators will make final determinations as to any discovery disputes and all other procedural matters. If any PARTY fails to comply with the procedures in any arbitration in a manner deemed material by the arbitrators, then the arbitrators will fix a reasonable time for compliance, and if the PARTY does not comply within such period, then a remedy deemed just by the arbitrators, including an award of default, may be imposed. The decision of the arbitrators will be rendered no later than [**] after commencement of the arbitration period. The final decision of the arbitrators with respect to the DISPUTE, will be limited to a finding fully in favor of one PARTY's position, and no compromise or split decisions will be allowed; and any award of the arbitrators in favor of a PARTY against the other PARTY may not exceed the limitations on liability set forth in this AGREEMENT. Other than attorney's fees and expenses, the costs of arbitration will be born by the PARTY against whom the arbitral decision is made. Any judgment or decision rendered by the panel will be binding upon the PARTIES and will be enforceable by any court of competent jurisdiction. For the avoidance of doubt, the arbitrators will be subject in all respects to the terms and conditions of this AGREEMENT, including without limitation the limitations on liabili...
Binding Arbitration of Disputes. Client understands and agrees that any dispute between the parties to this Agreement, arising out of or in any way related to any provision of this Agreement and/or Services of Provider, including, but not limited to, disputes over fees or claims of malpractice, negligence, breach of contract, breach of fiduciary duty, fraud, or any other claim, shall be submitted to BINDING ARBITRATION. Such binding arbitration shall be undertaken by JAMS San Francisco, and the outcome of which shall be binding upon the parties. The prevailing party to any such binding arbitration shall be entitled, in addition to such other relief as may be granted, to reasonable attorneys’ fees and necessary costs and expenses as a result of such binding arbitration. The decision of the arbitrator shall be final and binding on the parties, and may be entered as a binding judgment of the parties by any court of competent jurisdiction. The prevailing party shall also be entitled to reasonable attorneys’ fees, costs and expenses related to the enforcement of the arbitration decision, whether or not suit is filed. CLIENT UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT ANY AND ALL DISPUTES HEREUNDER SHALL BE SUBMITTED TO FINAL, BINDING ARBITRATION. AS SUCH, CLIENT UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT, BY SUBMITTING ANY AND ALL DISPUTES TO BINDING ARBITRATION, CLIENT UNCONDITIONALLY WAIVES, FULLY AND FINALLY, ANY AND ALL CONSTITUTIONAL RIGHTS CLIENT MAY HAVE OTHERWISE HAD TO A JURY OR COURT TRIAL OF SAID DISPUTE ARBITRATION CLAUSE UNDERSTOOD, ACCEPTED AND AGREED TO: CLIENT DATE
Binding Arbitration of Disputes. 26 9.1 BINDING ARBITRATION................................................. 26 9.2 INITIATION.......................................................... 26
