Common use of Binding Arbitration of Disputes Clause in Contracts

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 the Related Agreements. (d) The losing party shall bear all costs of the arbitration including costs of all arbitrators, both parties' attorneys' fees and disbursements and expert fees. In the event that the arbitrators allocate liability among the parties, then the costs of the arbitration shall be shared pro rata by the parties. (e) Each of the parties to this Agreement agree that compliance by a party with the provisions of subparagraphs (a) through (e) of this Section 4.2 shall be a complete defense to any suit, action or proceeding instituted in any federal or state court, or before any administrative tribunal by another party with respect to any controversy or dispute arising under or pursuant to this Agreement and which is subject to arbitration as set forth herein, other than a suit or action alleging non-compliance with a final and binding arbitration award rendered hereunder.

Binding Arbitration of Disputes. Any Dispute which Except as to disputes that qualify for state courts of limited jurisdiction (such as small claims, justice of the peace, magistrate court, and similar courts with monetary limits of less than $30,000 on their jurisdictions over civil disputes), Developer and UPS agree that any controversy or claim, whether at law or equity, arising out of or related to this Agreement that arises in whole or in part in the United States or Puerto Rico, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not class-wide nor collective) binding arbitration. Developer and UPS expressly agree that the foregoing obligation to arbitrate disputes regardless of the date of accrual of such disputes includes, but is not settled limited to, preexisting disputes and disputes that arise from or relate to services provided at the time of a previous version of this Agreement. Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an “award.” Arbitration provides for more limited discovery than in court, and is subject to limited review by courts. Each party has an opportunity to present evidence to the arbitrator in writing or through witnesses. An arbitrator can only award the same damages and relief that a court can award under the law and must honor the terms and conditions in this Agreement. Developer and UPS agree that their sole relationship is a contractual one governed by this Agreement. The arbitration shall be conducted by the American Arbitration Association (“AAA”) 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 its Commercial Arbitration Rules or, provided that you are an individual consumer and procedures are using UPS’s services for personal (not business) use, the Consumer Arbitration Rules (the “AAA Rules”), and judgment on the award may be entered in any court of competent jurisdiction. The AAA Rules, including instructions for how to initiate arbitration, are available at ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇▇. The arbitrator shall decide all issues 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 case on the basis of the award and shall include both findings Applicable Law, not equity. If Developer initiates arbitration, Developer must serve UPS’s registered agent for service of fact and conclusions of law. Notwithstanding the foregoingprocess, Corporation Service Company, which has locations 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 every state of the arbitration hearing, and United States. Information also can be found on the arbitrators shall be required to adopt in full the proposed arbitration award website of one each U.S. state’s Secretary of the parties with respect to such monetary amount or damagesState. Any award rendered pursuant arbitration under this Agreement will take place on an individual basis; class, mass, consolidated or combined actions or arbitrations or proceeding as a private attorney general are not permitted. Developer and UPS each waives the right to trial by jury. Developer and UPS further waive the foregoing, which may include an award or decree of specific performance hereunder, shall be final and binding on the parties and not subject ability to review or appeal, and judgment thereon may be entered or enforcement thereof sought by either party participate in a court of competent jurisdiction. (c) Notwithstanding the foregoingclass, nothing contained herein shall be deemed to give the arbitrators appointed pursuant to the foregoing any authoritymass, power consolidated or right to alter, change, amend, modify, waive, add to or delete from any of the provisions of this Agreement or the Related Agreements. (d) The losing party shall bear all costs of the arbitration including costs of all arbitrators, both parties' attorneys' fees and disbursements and expert fees. In the event that the arbitrators allocate liability among the parties, then the costs of the arbitration shall be shared pro rata by the parties. (e) Each of the parties to this Agreement agree that compliance by a party with the provisions of subparagraphs (a) through (e) of this Section 4.2 shall be a complete defense to any suit, combined action or proceeding instituted in any federal or state court, or before any administrative tribunal by another party with respect to any controversy or dispute arising under or pursuant to this Agreement and which is subject to arbitration as set forth herein, other than a suit or action alleging non-compliance with a final and binding arbitration award rendered hereunderarbitration.

Binding Arbitration of Disputes. Any Dispute which is controversy or dispute arising out of or in connection with this AGREEMENT its interpretation, performance, or termination, but not settled in accordance with including validity or enforceability of patents licensed herein, ("DISPUTE") that the provisions PARTIES are unable to resolve within [**] after written notice by one PARTY to the other of Section 4.1 the existence of this Agreement shall such DISPUTE, will be submitted to binding arbitration. The arbitration to will be conducted in accordance with the following procedure: (a) The party seeking arbitration hereunder Delaware, US except as 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 otherwise be named as soon as practicable agreed by the Arbitration Committee of the American Arbitration AssociationPARTIES, 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 AssociationAssociation then in effect. Any decision Each DISPUTE will be submitted to a panel of the three (3) impartial 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, with each party shall submit in writing a proposed arbitration award at PARTY selecting one (1) arbitrator within [**] after the commencement of the arbitration hearingperiod 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 shall will be required to adopt in full the proposed arbitration award of one rendered no later than [**] after commencement of the parties arbitration period. The final decision of the arbitrators with respect to such monetary amount the DISPUTE, will be limited to a finding fully in favor of one PARTY's position, and no compromise or damagessplit 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 award judgment or decision rendered pursuant to by the foregoing, which may include an award or decree of specific performance hereunder, shall panel will be final binding upon the PARTIES and binding on the parties and not subject to review or appeal, and judgment thereon may will be entered or enforcement thereof sought enforceable by either party in a any court of competent jurisdiction. (c) Notwithstanding . For the foregoingavoidance of doubt, nothing contained herein shall be deemed to give the arbitrators appointed pursuant will be subject in all respects to the foregoing any authority, power or right to alter, change, amend, modify, waive, add to or delete from any of the provisions terms and conditions of this Agreement or AGREEMENT, including without limitation the Related Agreements. (d) The losing party shall bear all costs of the arbitration including costs of all arbitrators, both parties' attorneys' fees and disbursements and expert fees. In the event that the arbitrators allocate limitations on liability among the parties, then the costs of the arbitration shall be shared pro rata by the parties. (e) Each of the parties to this Agreement agree that compliance by a party with the provisions of subparagraphs (a) through (e) of this Section 4.2 shall be a complete defense to any suit, action or proceeding instituted in any federal or state court, or before any administrative tribunal by another party with respect to any controversy or dispute arising under or pursuant to this Agreement and which is subject to arbitration as set forth herein, other than a suit or action alleging non-compliance with a final and binding arbitration award rendered hereunderin Section 11 (Limitations on Liability).