Binding Arbitration Procedure. The following binding arbitration procedure, except as provided in Subsection 18.4(G) below, shall serve as the exclusive method to resolve a dispute if any Party chooses not to accept the decision of the Neutral Evaluator. The Party requesting binding arbitration shall notify the Neutral Evaluator in writing within three Days of receipt of the Neutral Evaluator’s decision of a request for arbitration. If the Job Order Contractor requests arbitration it shall post a cash bond with the Neutral Evaluator in an amount agreed upon by the Parties or, in the event of no agreement, the Neutral Evaluator shall establish the amount of the cash bond to defray the cost of the arbitration as set forth in Subsection 18.4(M) and the proceeds from the bond shall be allocated in accordance with Subsection 18.4(M) by the Arbitration Panel.
Binding Arbitration Procedure. Following commencement of the WARRANTY PERIOD, any claim, controversy or dispute (hereafter collectively referred to as “dispute”) between YOU and US, or parties acting on YOUR or OUR behalf, including PWC, and any successor, or assign of either YOU or US, which relates to or arises from this LIMITED WARRANTY, or the design or construction of the HOME or the COMMON ELEMENTS, or the sale of the HOME or transfer of title to the COMMON ELEMENTS, will be resolved solely by binding arbitration and not through litigation in court before a judge or jury. This agreement to arbitrate is intended to inure to the benefit of, and be enforceable by, OUR contractor, subcontractors, agents, vendors, suppliers, design professionals, materialmen, and any of OUR direct or indirect subsidiaries or related entities alleged to be responsible for any CONSTRUCTION DEFECT. Disputes subject to binding arbitration include, but are not limited to:
A. Any disagreement that a condition in the HOME or the COMMON ELEMENTS is a
B. Any disagreement as to the method or scope of repair required to correct a CONSTRUCTION DEFECT or whether a CONSTRUCTION DEFECT has been corrected in compliance with this LIMITED WARRANTY;
C. Any alleged breach of this LIMITED WARRANTY;
D. Any alleged violation of consumer protection, unfair trade practice, or any other statute;
E. Any allegation of negligence, strict liability, fraud, and/or breach of duty of good faith, and any other claims arising in equity or from common law;
F. Any dispute concerning the interpretation of this arbitration provision or the arbitrability of any issue;
G. Any dispute concerning the timeliness of OUR performance and/or YOUR notifications under this LIMITED WARRANTY;
H. Any dispute as to the payment or reimbursement of the arbitration filing fee;
I. Any dispute as to whether this LIMITED WARRANTY, or any provision hereof, including, but not limited to, this arbitration clause and any waiver hereunder, is enforceable;
J. Any other claim arising out of or relating to the sale, design or construction of YOUR HOME or the COMMON ELEMENTS, including, but not limited to any claim arising out of, relating to or based on any implied warranty or claim for negligence or strict liability not effectively waived by this LIMITED WARRANTY. The arbitration shall be conducted by XxXxxx and Associates, Ltd. (xxx.xxxxxxxxxxxxxxxx.xxx) pursuant to its Construction Arbitration Program (“CAP”), or by such other neutral, independent arbitration servic...
Binding Arbitration Procedure. Unless the parties have agreed ----------------------------- upon the selection of the Arbitrator before then, the AAA shall appoint the Arbitrator as soon as practicable, but in any event within thirty (30) days after the submission to AAA for binding arbitration. The Arbitrator's award shall be a final and binding determination of the dispute and shall be fully enforceable as an arbitration award by the California courts in accordance with the California Arbitration Law. The prevailing party shall be entitled to recover its reasonable attorneys' fees and expenses, including arbitration administration fees, incurred in connection with such proceeding. Neither party nor the Arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
Binding Arbitration Procedure. Unless the parties have agreed upon the selection of the Arbitrator before then, the AAA shall appoint the Arbitrator as soon as practicable, but in any event within thirty (30) days after the submission to AAA for binding arbitration. The arbitration hearings shall commence within forty-five (45) days after the selection of the Arbitrator. Unless the Arbitrator otherwise directs, each party shall be limited to three pre-hearing depositions lasting no longer than 6 hours each. The parties shall exchange documents to be used at the hearing no later than ten (10) days prior to the hearing date. Unless the Arbitrator otherwise directs, each party shall have no longer than three days to present its position, the entire proceedings before the Arbitrator shall be on no more than eight hearing days within a three week period. The Arbitrator's award shall be made no more than thirty (30) days following the close of the proceeding. The Arbitrator's award may not include consequential, exemplary, or punitive damages. The Arbitrator's award shall be a final and binding determination of the dispute and shall be fully enforceable in any court of competent jurisdiction. The prevailing party shall be entitled to recover its reasonable attorneys' fees and expenses, including arbitration administration fees, incurred in connection with such proceeding. Except in a proceeding to enforce the results of the arbitration, neither party nor the Arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
Binding Arbitration Procedure. Unless the parties have agreed upon the selection of the Arbitrator before then, the AAA shall appoint the Arbitrator as soon as practicable, but in any event within thirty (30) days after the submission to AAA for binding arbitration. The Arbitrator’s award shall be a final and binding determination of the dispute and shall be fully enforceable as an arbitration award by the New York courts in accordance with New York law. The prevailing party in such arbitration shall be entitled to recover its reasonable attorneys’ fees and expenses, including arbitration administration fees, incurred in connection with such proceeding. Neither party nor the Arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
Binding Arbitration Procedure a. PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES RESOLUTION OF DISPUTES THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT.
b. If you have a Dispute, as defined below, with Liberty that cannot be resolved through informal means and is not within the jurisdiction of the Puerto Rico Telecommunications Review Bureau to hear through the dispute resolution procedure set forth in Section 12 of this Agreement, you or the Company may elect to arbitrate that Dispute in accordance with the terms of this Arbitration Procedure rather than litigate the Dispute in court. Arbitration means that you will have a fair hearing before a neutral arbitrator instead of a court before a judge or jury. Proceedings in arbitration may also result in limited discovery. An arbitration award is subject to limited review by a court. By agreeing to this Arbitration Procedure, you may be waiving constitutional or statutory rights.
Binding Arbitration Procedure a. If the grievance has not been satisfactorily resolved in the above stages, either party to this Agreement (the Board or the CTA and no other person) may, within five school days of the determinations required by 32.16 c.4 above, make a written demand for arbitration to the Public Employment Relations Board in accordance with its Rules and Procedures then prevailing. The arbitrator so appointed must be mutually approved by the parties to this Agreement.
b. The arbitration award will be final and binding upon both parties. Any award of the arbitrator will be promptly complied with and, in any event, will be enforceable under the laws of New York.
c. All expenses will be equally divided by the parties to this Agreement.
d. This stage of the grievance procedure will apply only to grievances arising out of disputes concerning the meaning, interpretation or application of the terms and provisions of this Agreement without regard to Section 32.07 above.
e. All binding arbitrations will be held within the geographical boundaries of the District.
Binding Arbitration Procedure. Unless the parties have agreed upon the selection of the Arbitrator before then, the AAA shall appoint the Arbitrator as soon as practicable, but in any event within thirty (30) days after the submission to AAA for binding arbitration. The arbitration hearings shall commence within forty-five (45) days after the selection of the Arbitrator. Unless the Arbitrator otherwise directs, each party shall be limited to two pre-hearing depositions each lasting no longer than 6 hours. The parties shall exchange documents to be used at the hearing no later than ten (10) days prior to the hearing date. Unless the Arbitrator otherwise directs, each party shall have no longer than ten (10) hours to present its position, the entire proceedings before the Arbitrator shall be on no more than three (3) hearing days within a two week period. At the close of evidence, each side shall submit a proposed award to the Arbitrator, one of which shall be selected by the Arbitrator. The
Binding Arbitration Procedure. Following commencement of the Warranty Period, any request, controversy or dispute (hereafter collectively referred to as “dispute”) between Buyer and Seller, or parties acting on Buyer’s or Seller’s behalf, and any successor, or assign of either Buyer or Seller, which relates to or arises from this Limited Warranty, or the design or construction of the Unit, or the sale of the Unit will be resolved solely by binding arbitration and not through litigation in court before a judge or jury. This agreement to arbitrate is intended to inure to the benefit of, and be enforceable by, Seller’s contractor, subcontractors, agents, vendors, suppliers, design professionals, materialmen, and any of Seller’s direct or indirect subsidiaries or related entities alleged to be responsible for any Condition or Construction Defect. Disputes subject to binding arbitration include, but are not limited to:
Binding Arbitration Procedure. 8.1. Subject to compliance with the meet and confer process stated above and the limitations herein as to the scope of any order, either party may initiate binding arbitration to resolve any dispute arising out of this Agreement regarding the interpretation of any the Agreement’s provisions and/or rights and obligations of the Parties under the Agreement.
8.2. The arbitration shall be conducted by arbitrator(s) in accordance with the JAMS Comprehensive Arbitration Rules & Procedures (the “Rules”) then in effect at the time of the initiation of arbitration. The arbitration shall take place in or near Temecula, including any location on the Reservation, or at another location mutually agreed upon by the Parties. The arbitrator shall be a retired federal or California superior court judge selected pursuant to the following terms:
a. The arbitrator shall be from the list of prior approved arbitrators with experience in matters concerning the California Environmental Quality Act.
b. In the event the Parties cannot agree upon an arbitrator, the Parties agree that Rule 15 of the Rules shall govern the selection of the arbitrator.
c. Subject to the terms of this Section, the arbitrator shall have jurisdiction to interpret and apply the terms of the Compact and this Agreement, but shall lack jurisdiction to modify the Agreement or relieve a party of its obligations, or add to those obligations under the Agreement, except in the event that material terms of this Agreement are determined to be void or that the provisions of the Compact are in material conflict with the terms of this Agreement. In the latter instance the arbitrator may order the Agreement modified to conform to the Compact, with the least change necessary in order to maintain the relative positions of the Parties at the time the Agreement was entered into.
d. This Agreement does not provide for, and the arbitrator shall not have jurisdiction to order, remedies with respect to federal, state, Tribal or City laws, regulations, ordinances, codes or other laws against the City or the Tribe, including its government entities, officials, members or employees or its real property, and shall only consider or evaluate such laws and issue such orders as expressly permitted under this Agreement.
e. In the event the dispute concerns the failure to prepare a TEIR or the adequacy of a TEIR for an Expansion, the Arbitrator shall have the authority to order the Tribe to comply with the requirements of this Agreement ...
