California Law; Arbitration Sample Clauses

California Law; Arbitration. This Agreement shall be governed and construed under the applicable laws of the State of California. The parties hereto agree that any claim, including claims alleging breach of this warranty, or arising out of or related to the product covered by this warranty, shall be resolved finally through binding arbitration before a neutral, mutually-selected arbitrator, and conducted in the County of Los Angeles, pursuant to the procedural rules of either the American Arbitration Association or JAMS/Endispute. The prevailing party in any such dispute shall be entitled to an award of fees and costs, including attorneys’ fees, as well as all other available forms of relief or damages.
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California Law; Arbitration. This Agreement shall be deemed to be made and shall be construed in accordance with the laws of the State of California. Any controversy or claim relating to or arising under this Agreement, including any controversy concerning the arbitrability of an issue, shall be submitted to binding arbitration in the City of San Diego before a panel of three neutral arbitrators (collectively, the “Arbitrators” and, individually, an “Arbitrator”) selected as hereinafter provided. Within thirty (30) days after the date of this Agreement the Parties shall jointly select a presiding Arbitrator (the “Presiding Arbitrator”) and an alternate Presiding Arbitrator. If within such thirty (30) day period the Parties are unable to make either or both selections, either Party may apply to the Superior Court of the State of California, County of San Diego (“San Diego Superior Court”) for such appointments. Within fifteen (15) days following the date of a Party’s notice to the other Party that it wishes to arbitrate a controversy or claim (the “Arbitration Notice”), the Presiding Arbitrator shall select two additional Arbitrators (who are neutral, impartial and independent of the Parties within the meaning of the Rules (as defined below)). In conducting such arbitration, the Parties and the Arbitrators shall follow the Commercial Rules of the American Arbitration Association (“AAA”) then in effect (the “Rules”), except (i) such arbitration shall be administered by the Presiding Arbitrator and not by AAA, (ii) if the controversy or claim that underlies such arbitration relates to maintenance, repair, or the physical condition of the Stadium, then “Rules” shall mean the Construction Industry Arbitration Rules rather than the Commercial Rules of the AAA and each of the Arbitrators other than the Presiding Arbitrator shall be on the then-current National Roster of Neutrals maintained by the AAA (expressly excluding members of any San Diego regional Large Complex Construction Disputes panel) with construction and engineering training or experience that is relevant to such controversy or claim (or, if not on such National Roster of Neutrals, shall have comparable expertise), and (iii) to the extent the provisions of this Section 32(a) are inconsistent with the Rules, the provisions of this Section 32(a) shall govern. The Arbitrators shall apply California substantive law and shall allow reasonable discovery. The Arbitrators shall have the power and jurisdiction to order all remedies avai...
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California Law; Arbitration. This Agreement is made pursuant to, and shall be governed by, the internal laws of the State of California. The Parties agree that, except as set forth in the following sentence, if any dispute arises concerning applicability, interpretation and/or enforcement of the terms of this Agreement, said dispute shall be resolved by binding arbitration conducted before a single arbitrator in San Jose, California in accordance with the American Arbitration Association’s National Rules for the Resolution of Employment Disputes, effective June 1, 1997 and in accordance with the guidelines delineated by the California Supreme Court in Axxxxxxxxx v. Foundation Health Psychcare Services, Inc. (2000). Notwithstanding this agreement to arbitrate, neither party shall be precluded from seeking injunctive relief in a judicial forum.
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California Law; Arbitration. This Agreement is made pursuant to, and shall be governed by, the internal laws of the State of California. The Parties agree that, except as set forth in the following sentence, if any dispute arises concerning applicability, interpretation and/or enforcement of the terms of this Agreement, said dispute shall be resolved by binding arbitration conducted before a single arbitrator in San Diego, California in accordance with the American Arbitration Association’s National Rules for the Resolution of Employment Disputes, effective June 1, 1997 and in accordance with the guidelines delineated by the California Supreme Court in Xxxxxxxxxx v.
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Related to California Law; Arbitration

  • Applicable Law; Arbitration This Agreement shall be interpreted, construed, applied and enforced in accordance with the laws of the Commonwealth of Massachusetts, with regard to its “choice of law” rules. Any “Dispute” (as such term is defined in the Management Agreements) under this Agreement shall be resolved through final and binding arbitration conducted in accordance with the procedures and with the effect of, arbitration as provided for in the Management Agreements.

  • Governing Law; Arbitration This Agreement shall be governed and interpreted in accordance with the laws of the State of New York without giving effect to the conflicts of law principles thereof. Any dispute, controversy or claim (each, a “Dispute”) arising out of or relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, shall be referred to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice is submitted. The seat of arbitration shall be Hong Kong. There shall be three (3) arbitrators. The complainant and the respondent to such dispute shall each select one arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”). Such arbitrators shall be freely selected, and the parties shall not be limited in their selection to any prescribed list. The chairman of the HKIAC shall select the third arbitrator. If either party to the arbitration fails to appoint an arbitrator with the Selection Period, the relevant appointment shall be made by the chairman of the HKIAC. The arbitral proceedings shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 5.2, including the provisions concerning the appointment of the arbitrators, this Section 5.2 shall prevail. The award of the arbitral tribunal shall be final and binding upon the parties thereto, and the prevailing party may apply to a court of competent jurisdiction for enforcement of such award. In the event of the arbitration of any Dispute pursuant to this Section, the losing party in such arbitration shall pay to the prevailing party all expenses and fees (including reasonable attorneys’ fees) incurred in connection with the arbitration of such Dispute, and the arbitration order, ruling or award shall contain a specific provision providing for such payment.

  • Mediation/Arbitration 1. If a dispute arises out of or relates to this warranty, or the breach thereof, and if said dispute cannot be settle through direct discussions, the parties agree to first endeavor to settle the dispute in an amicable manner by mediation administered by the American Arbitration Association under its Commercial Mediation Rules in Atlanta, Georgia before resorting to arbitration. Thereafter, any unresolved controversy or claim arising out of or relating to this warranty, or breach thereof, shall be finally settled by arbitration administered by the American Arbitration Association in Atlanta, Georgia and in accordance with its Commercial Arbitration Rules and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

  • California Law This Agreement shall be subject to and construed in accordance with the laws of the State of California.

  • Dispute Resolution; Arbitration This Agreement evidences a transaction involving interstate commerce. Any disputes arising from this Agreement shall be decided by binding arbitration which shall be conducted, at the request of any party, in New York, New York, before one arbitrator designated by the American Arbitration Association (the "AAA"), in accordance with the Commercial Arbitration Rules of the AAA, and to the maximum extent applicable, the United States Arbitration Act (Title 9 of the United States Code). Notwithstanding anything in this Agreement to the contrary, any party may proceed to a court of competent jurisdiction to obtain equitable relief at any time. An arbitrator shall have no authority to award punitive damages or other damages not measured by the prevailing party's actual damages. To the maximum extent practicable, an arbitration proceeding under this Agreement shall be concluded within 180 days of the filing of the dispute with the AAA. This arbitration clause shall survive any termination, amendment, or expiration of the Agreement and if any provision of this arbitration clause is found to be unenforceable, the remaining parts of the arbitration clause shall not be affected and shall remain fully enforceable.

  • No Arbitration Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York.

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