Common use of Binding Arbitration of Disputes Clause in Contracts

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. UNLESS OTHERWISE WAIVED BY THE PARTNERS, AND EXCEPT FOR ANY DEADLOCK OF THE MANAGEMENT COMMITTEE, ANY DISPUTE, CONTROVERSY OR CLAIM BETWEEN THE PARTNERS ARISING OUT OF OR RELATING TO THIS AGREEMENT EITHER DURING OR AFTER THE TERM HEREOF (INCLUDING THE QUESTION AS TO WHETHER ANY PARTICULAR MATTER IS ARBITRABLE) SHALL BE SOLELY AND FINALLY SETTLED BY ARBITRATION CONDUCTED IN LOS ANGELES COUNTY, CALIFORNIA, IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION THEN IN FORCE (THE "RULES"). THE PARTNER REQUESTING ARBITRATION SHALL SERVE UPON THE OTHER PARTNERS TO THE CONTROVERSY, DISPUTE OR CLAIM A WRITTEN DEMAND FOR ARBITRATION STATING THE SUBSTANCE OF THE CONTROVERSY, DISPUTE OR CLAIM, THE CONTENTION OF THE PARTNER REQUESTING ARBITRATION, AND THE NAME AND ADDRESS OF THE ARBITRATOR APPOINTED BY IT. THE RECIPIENTS OF SUCH DEMAND SHALL WITHIN TWENTY (20) DAYS AFTER SUCH RECEIPT APPOINT AN ARBITRATOR AND NOTIFY THE PARTNER REQUESTING ARBITRATION OF THE IDENTITY OF THE ARBITRATOR SO SELECTED, AND THE TWO ARBITRATORS SHALL APPOINT A THIRD, AND THE DECISION OR AWARD OF ANY TWO ARBITRATORS SHALL BE FINAL AND BINDING UPON THE PARTIES. IN THE EVENT THAT THE TWO ARBITRATORS FAIL TO APPOINT A THIRD ARBITRATOR WITHIN TWENTY (20) DAYS OF THE APPOINTMENT OF THE SECOND ARBITRATOR, EITHER ARBITRATOR, OR ANY PARTY TO THE ARBITRATION, MAY APPLY TO A JUDGE OF THE UNITED STATES DISTRICT COURT IN AND FOR THE CENTRAL DISTRICT OF THE STATE OF CALIFORNIA FOR THE APPOINTMENT OF THE THIRD ARBITRATOR, AND THE APPOINTMENT OF SUCH ARBITRATOR BY SUCH JUDGE ON SUCH APPLICATION SHALL HAVE PRECISELY THE SAME FORCE AND EFFECT AS IF SUCH ARBITRATOR HAD BEEN APPOINTED BY THE TWO ARBITRATORS. IF FOR ANY REASON THE THIRD ARBITRATOR CANNOT BE APPOINTED IN THE MANNER PRESCRIBED BY THE PRECEDING SENTENCE, EITHER REGULARLY APPOINTED ARBITRATOR OR EITHER PARTY TO THE ARBITRATION, MAY APPLY TO THE AMERICAN ARBITRATION ASSOCIATION FOR APPOINTMENT OF THE THIRD ARBITRATOR IN ACCORDANCE WITH THE RULES. SHOULD THE PARTIES UPON WHOM THE DEMAND FOR ARBITRATION HAS BEEN SERVED FAIL OR REFUSE TO APPOINT AN ARBITRATOR WITHIN 20 DAYS, THE SINGLE ARBITRATOR SHALL HAVE THE RIGHT TO DECIDE ALONE. THE ARBITRATORS SHALL HAVE THE POWER TO GRANT ALL LEGAL AND EQUITABLE REMEDIES AND AWARD COMPENSATORY DAMAGES PROVIDED BY CALIFORNIA LAW, BUT SPECIFICALLY SHALL NOT HAVE THE POWER TO AWARD PUNITIVE DAMAGES. THE PARTIES TO THE ARBITRATION SHALL BE ENTITLED TO CONDUCT DISCOVERY, AS MAY BE REASONABLY LIMITED BY THE ARBITRATORS, UNDER THE CALIFORNIA CODE OF CIVIL PROCEDURE. THE ARBITRATORS SHALL APPLY CALIFORNIA SUBSTANTIVE LAW AND THE CALIFORNIA EVIDENCE CODE TO THE PROCEEDING. THE ARBITRATORS SHALL PREPARE IN WRITING AND PROVIDE TO THE PARTIES AN AWARD INCLUDING FACTUAL FINDINGS AND THE REASONS ON WHICH THE DECISION IS BASED THE ARBITRATOR'S DECISION OR AWARD SHALL BE FINAL AND BINDING UPON THE PARTIES. THE PARTNERS SHALL ABIDE BY ALL AWARDS RENDERED IN ARBITRATION PROCEEDINGS, AND ALL SUCH AWARDS MAY BE ENFORCED AND EXECUTED UPON IN ANY COURT HAVING COMPETENT JURISDICTION OVER THE PARTY AGAINST WHOM ENFORCEMENT OF SUCH AWARD IS SOUGHT. THE PARTNER OR PARTNERS LOSING THE DISPUTE WHICH WAS SUBMITTED TO ARBITRATION SHALL PAY THE ADMINISTRATIVE CHARGES, ARBITRATORS' FEES, AND RELATED EXPENSES OF ARBITRATION, AND EACH PARTNER'S LEGAL FEES INCURRED IN CONNECTION WITH ANY SUCH ARBITRATION. THIS AGREEMENT SPECIFICALLY AGREE THAT ANY DISPUTE (HEREINAFTER DEFINED) TO ARBITRATE 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 SPECIFICALLY ENFORCEABLE UNDER THE APPLICABLE STATUTE OF LIMITATIONS OR STATUTE OF REPOSE, AND IN NO EVENT SHALL THE DISPUTE BE SUBMITTED FOR PREVAILING 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 COURTLAW.

Binding Arbitration of Disputes. UNLESS OTHERWISE WAIVED BY THE PARTNERS, AND EXCEPT FOR ANY DEADLOCK OF THE MANAGEMENT COMMITTEE, ANY DISPUTE, CONTROVERSY OR CLAIM BETWEEN THE PARTNERS ARISING OUT OF OR RELATING TO THIS AGREEMENT EITHER DURING OR AFTER THE TERM HEREOF (INCLUDING THE QUESTION AS TO WHETHER ANY PARTICULAR MATTER IS ARBITRABLE) SHALL BE SOLELY AND FINALLY SETTLED BY ARBITRATION CONDUCTED IN LOS ANGELES COUNTY, CALIFORNIA, IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION THEN IN FORCE (THE "RULES"). THE PARTNER REQUESTING ARBITRATION SHALL SERVE UPON THE OTHER PARTNERS TO THE CONTROVERSY, DISPUTE OR CLAIM A WRITTEN DEMAND FOR ARBITRATION STATING THE SUBSTANCE OF THE CONTROVERSY, DISPUTE OR CLAIM, THE CONTENTION OF THE PARTNER REQUESTING ARBITRATION, AND THE NAME AND ADDRESS OF THE ARBITRATOR APPOINTED BY IT. THE RECIPIENTS OF SUCH DEMAND SHALL WITHIN TWENTY (20) DAYS AFTER SUCH RECEIPT APPOINT AN ARBITRATOR AND NOTIFY THE PARTNER REQUESTING ARBITRATION OF THE IDENTITY OF THE ARBITRATOR SO SELECTED, AND THE TWO ARBITRATORS SHALL APPOINT A THIRD, AND THE DECISION OR AWARD OF ANY TWO ARBITRATORS SHALL BE FINAL AND BINDING UPON THE PARTIES. IN THE EVENT THAT THE TWO ARBITRATORS FAIL TO APPOINT A THIRD ARBITRATOR WITHIN TWENTY (20) DAYS OF THE APPOINTMENT OF THE SECOND ARBITRATOR, EITHER ARBITRATOR, OR ANY PARTY TO THE ARBITRATION, MAY APPLY TO A JUDGE OF THE UNITED STATES DISTRICT COURT IN AND FOR THE CENTRAL DISTRICT OF THE STATE OF CALIFORNIA FOR THE APPOINTMENT OF THE THIRD ARBITRATOR, AND THE APPOINTMENT OF SUCH ARBITRATOR BY SUCH JUDGE ON SUCH APPLICATION SHALL HAVE PRECISELY THE SAME FORCE AND EFFECT AS IF SUCH ARBITRATOR HAD BEEN APPOINTED BY THE TWO ARBITRATORS. IF FOR ANY REASON THE THIRD ARBITRATOR CANNOT BE APPOINTED IN THE MANNER PRESCRIBED BY THE PRECEDING SENTENCE, EITHER REGULARLY APPOINTED ARBITRATOR OR EITHER PARTY TO THE ARBITRATION, MAY APPLY TO THE AMERICAN ARBITRATION ASSOCIATION FOR APPOINTMENT OF THE THIRD ARBITRATOR IN ACCORDANCE WITH THE RULES. SHOULD THE PARTIES UPON WHOM THE DEMAND FOR ARBITRATION HAS BEEN SERVED FAIL OR REFUSE TO APPOINT AN ARBITRATOR WITHIN 20 DAYS, THE SINGLE ARBITRATOR SHALL HAVE THE RIGHT TO DECIDE ALONE. THE ARBITRATORS SHALL HAVE THE POWER TO GRANT ALL LEGAL AND EQUITABLE REMEDIES AND AWARD COMPENSATORY DAMAGES PROVIDED BY CALIFORNIA LAW, BUT SPECIFICALLY SHALL NOT HAVE THE POWER TO AWARD PUNITIVE DAMAGES. THE PARTIES TO THE ARBITRATION SHALL BE ENTITLED TO CONDUCT DISCOVERY, AS MAY BE REASONABLY LIMITED BY THE ARBITRATORS, UNDER THE CALIFORNIA CODE OF CIVIL PROCEDURE. THE ARBITRATORS SHALL APPLY CALIFORNIA SUBSTANTIVE LAW AND THE CALIFORNIA EVIDENCE CODE TO THE PROCEEDING. THE ARBITRATORS SHALL PREPARE IN WRITING AND PROVIDE TO THE PARTIES AN AWARD INCLUDING FACTUAL FINDINGS AND THE REASONS ON WHICH THE DECISION IS BASED. THE ARBITRATOR'S DECISION OR AWARD SHALL BE FINAL AND BINDING UPON THE PARTIES. THE PARTNERS SHALL ABIDE BY ALL AWARDS RENDERED IN ARBITRATION PROCEEDINGS, AND ALL SUCH AWARDS MAY BE ENFORCED AND EXECUTED UPON IN ANY COURT HAVING COMPETENT JURISDICTION OVER THE PARTY AGAINST WHOM ENFORCE AND OF SUCH AWARD IS SOUGHT. THE PARTNER OR PARTNERS LOSING THE DISPUTE WHICH WAS SUBMITTED TO ARBITRATION SHALL PAY THE ADMINISTRATIVE CHARGES, ARBITRATORS' FEES, AND RELATED EXPENSES OF ARBITRATION, AND EACH PARTNER'S LEGAL FEES INCURRED IN CONNECTION WITH ANY SUCH ARBITRATION. THIS AGREEMENT SPECIFICALLY AGREE THAT ANY DISPUTE (HEREINAFTER DEFINED) TO ARBITRATE 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 SPECIFICALLY ENFORCEABLE UNDER THE APPLICABLE STATUTE OF LIMITATIONS OR STATUTE OF REPOSE, AND IN NO EVENT SHALL THE DISPUTE BE SUBMITTED FOR PREVAILING 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 COURTLAW.

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, TORTTORT OF ANY TYPE INCLUDING NEGLIGENCE, STATUTORY AND CLAIMS ARISING UNDER ANY STATUTE 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 SUCCESSORS AND 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. HOMEOWNER SHALL NOT HAVE THE RIGHT TO PARTICIPATE AS A MEMBER OR REPRESENTATIVE OF A CLASS IN A CLASS ACTION RELATED TO ANY DISPUTE. 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.