BINDING DISPUTE. RESOLUTION If the matter is unresolved after submission of the matter to mediation, the Parties shall submit the matter to litigation in either the state or federal court having jurisdiction of the matter in the location of the Project. THE PARTIES EXPRESSLY AGREE TO WAIVE ALL RIGHTS TO A JURY TRIAL FOR ANY CLAIM ARISING OUT OF RELATED TO THE AGREEMENT, PROJECT, OR WORK.
BINDING DISPUTE. RESOLUTION If the matter is unresolved after submission of the matter to a mitigation procedure or to mediation, the Parties shall submit the matter to the binding dispute resolution procedure selected below: [ ] X Arbitration using: [ X ] the current Construction Industry Arbitration Rules of the AAA and administered by the AAA; [ ] the current JAMS Engineering and Construction Arbitration Rules and Procedures and administered by JAMS; or [ ] the current arbitration rules of [ ] and administered by [ ]. Unless the Parties mutually agree otherwise in writing, if arbitration is selected as the binding dispute resolution procedure and this Agreement does not specify the arbitration rules to be utilized, then the arbitration shall be conducted using the current Construction Industry Arbitration Rules of the AAA and the arbitration shall be administered by the AAA. [_N/A _] Litigation in either the state or federal court having jurisdiction of the matter in the location of the Project.
13.5.1 COSTS The costs of any binding dispute resolution procedures and reasonable attorneys’ fees shall be borne by the non-prevailing Party, as determined by the adjudicator of the dispute.
13.5.2 VENUE The venue of any binding dispute resolution procedure shall be the location of the Project, unless the Parties agree on a mutually convenient location.
13.5.3 Neither Party may commence arbitration if the claim or cause of action would be barred by the applicable statute of limitations had the claim or cause of action been filed in a state or federal court. Receipt of a demand for arbitration by the person or entity administering the arbitration shall constitute the commencement of legal proceedings for the purposes of determining whether a claim or cause of action is barred by the applicable statute of limitations. If, however, a state or federal court exercising jurisdiction over a timely filed claim or cause of action orders that the claim or cause of action be submitted to arbitration, the arbitration proceeding shall be deemed commenced as of the date the court action was filed, provided that the Party asserting the claim or cause of action files its demand for arbitration with the person or entity administering the arbitration within thirty (30) Days after the entry of such order.
13.5.4 An award entered in an arbitration proceeding pursuant to this Agreement shall be final and binding upon the Parties, and judgment may be entered upon an award in any court having jurisdi...
BINDING DISPUTE. PROCESSES If neither direct discussions nor mediation successfully resolves the dispute, the Parties shall submit the matter to the binding dispute resolution procedure selected below: [ ] X ARBITRATION Unless the Parties mutually agree otherwise in writing, all claims, disputes and matters in question arising out of, or relating to, this Agreement shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the AAA then in effect. This agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law. An award entered in an arbitration proceeding shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction. [ ] LITIGATION Litigation in either the state or federal court having jurisdiction of the matter in the location of the Project.
16.8.1. COSTS The costs of any binding dispute resolution procedures and reasonable attorneys’ fees shall be borne by the non-prevailing Party, as determined by the adjudicator of the dispute.
16.8.2. VENUE The venue of any binding dispute resolution procedure shall be the location of the Project, unless the Parties agree on a mutually convenient location.
16.8.3. Neither Party may commence arbitration if the claim or cause of action would be barred by the applicable statute of limitations had the claim or cause of action been filed in a state or federal court. Receipt of a demand for arbitration by the person or entity administering the arbitration shall constitute the commencement of legal proceedings for the purposes of determining whether a claim or cause of action is barred by the applicable statute of limitations.
16.8.4. An award entered in an arbitration proceeding pursuant to this Agreement shall be final and binding upon the Parties, and judgment may be entered upon an award in any court having jurisdiction.
BINDING DISPUTE. RESOLUTION If the matter is unresolved after mediation, the Parties shall submit the matter to the binding dispute resolution procedure as follows: Arbitration using the current Construction Industry Arbitration Rules of the American Arbitration Association. The administration of the arbitration shall be as mutually agreed by the Parties, or if no agreement can be reached using the AAA.
BINDING DISPUTE. In the event the parties do not resolve a dispute through mediation as described in Section 9.2.1 above, the method of binding dispute resolution shall be litigation in a court of competent jurisdiction in Xxxxx or Xxxx County, OH, unless the parties mutually agree otherwise.
BINDING DISPUTE. RESOLUTION Unless the Disputing Parties otherwise agree, if the dispute is unresolved after submission of the matter to mediation, a Disputing Party shall submit the matter to the binding dispute resolution procedure designated below: ☐ ARBITRATION. The Disputing Parties choose binding arbitration of any claims and disputes arising out of or relating to this Agreement and each Party understands and EXPRESSLY AGREES TO WAIVE THE RIGHT TO BE HEARD IN A COURT OF LAW, either with or without a jury. Arbitration does not involve a judge or jury. Instead, an arbitrator with the power to award damages and other appropriate relief will decide claims and disputes. An award entered in an arbitration proceeding pursuant to this Agreement shall be final and binding upon the Disputing Parties, and judgment may be entered upon an award in any court having jurisdiction. The arbitration shall use the following rules:
(a) [ ] the current AAA Construction Industry Arbitration Rules and AAA administration. AAA Construction Fast Track Rules shall apply to all two-party cases when neither Party’s disclosed claim or counterclaim exceeds $250,000. If arbitration is selected but no rules are selected, then this subsection shall apply by default.
(b) [ ] the current JAMS Engineering and Construction Arbitration Rules and Procedures and administered by JAMS; or
(c) [ ] the current arbitration rules of [ ] and administered by [ ]. If no selection between arbitration or litigation above is indicated, the default shall be litigation.
18.4.1 COSTS The costs of any binding dispute resolution procedure and reasonable attorneys’ fees shall be borne by the non-prevailing Party, as determined by the adjudicator of the dispute.
18.4.2 VENUE To the extent permitted by Law, the venue for any binding dispute resolution procedure shall be the location on the Project.
BINDING DISPUTE. In the event the parties do not resolve a dispute through mediation as described in Section 9.2.1 above, the method of binding dispute resolution shall be litigation in a court of competent jurisdiction, unless the parties mutually agree otherwise.
BINDING DISPUTE. RESOLUTION If the matter is unresolved after submission of the matter to a mitigation procedure or to mediation, the Parties shall submit the matter to the binding dispute resolution procedure selected below:
BINDING DISPUTE. RESOLUTION If the matter is unresolved after submission of the matter to a mitigation procedure or to mediation, the Parties shall submit the matter to the binding dispute resolution procedure selected below: Litigation in the county where the project is located.
13.4.1 VENUE To the extent permitted by Law, the venue of any binding dispute resolution procedure shall be the location of the Project.
BINDING DISPUTE. PROCESSES If direct discussions have not successfully resolved the dispute, the Parties shall submit the matter to the binding dispute resolution procedure below: LITIGATION Litigation in either the state or federal court having jurisdiction of the matter in the location of the Project.
16.7.1. COSTS The costs of any binding dispute resolution procedures and reasonable attorneys’ fees shall be borne by the non-prevailing Party, as determined by the adjudicator of the dispute.
16.7.2. VENUE The venue of any binding dispute resolution procedure shall be the location of the Project, unless the Parties agree on a mutually convenient location.
16.7.3. Neither Party may commence arbitration if the claim or cause of action would be barred by the applicable statute of limitations had the claim or cause of action been filed in a state or federal court. Receipt of a demand for arbitration by the person or entity administering the arbitration shall constitute the commencement of legal proceedings for the purposes of determining whether a claim or cause of action is barred by the applicable statute of limitations.
16.7.4. An award entered in an arbitration proceeding pursuant to this Agreement shall be final and binding upon the Parties, and judgment may be entered upon an award in any court having jurisdiction.
