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Commencement of Arbitration Proceedings Sample Clauses

Commencement of Arbitration ProceedingsThe party filing a claim in arbitration must select either one of the following two national arbitration administrators: Judicial Arbitration and Mediation Services, Inc. (“JAMS”) or American Arbitration Association (“AAA”). Once you initiate the arbitration, you must notify us in writing at NewBank, Attention: Legal, 000-00 Xxxxxxxx Xxxx. Flushing, NY 11354. If we file a claim in arbitration, we will notify you in writing at your last known address on file. A copy of the arbitration rules for the two arbitration administrators as well as additional information about initiating arbitration can be obtained by contacting the administrators: JAMS: Toll free phone at 000-000-0000, website xxx.xxxxxxx.xx, or; AAA: Toll free phone at 000-000-0000, website xxx.xxx.xxx The arbitration shall be conducted in the same city as the U.S. District Court closest to the branch where your account is held at the time the claim is filed unless the parties agree to a different location in writing.
Commencement of Arbitration ProceedingsArbitration proceedings may be instituted by any one of the Parties specified in the preceding section by means of a request notified to all the other Parties; the request shall state the nature and subject of the dispute and set forth the claims to be submitted for arbitration.
Commencement of Arbitration Proceedings. 4.1 An arbitration should be initiated by a demand, in writing, that identifies the (1) Petitioner and the name of the contact person to whom all communications are to be addressed (including telephone, fax and e-mail information);
Commencement of Arbitration ProceedingsThe party filing a claim in arbitration must select either one of the following two national arbitration administrators: Judicial Arbitration and Mediation Services, Inc. (“JAMS”) or American Arbitration Association (“AAA”). Once you initiate the arbitration, you must notify us in writing at SHINHAN BANK AMERICA, Attention: Legal, 000 Xxxxx Xxxxxx, 0xx Xxxxx, Xxx Xxxx, XX 00000. If we file a claim in arbitration, we will notify you in writing at your last known address on file. A copy of the arbitration rules for the two arbitration administrators as well as additional information about initiating arbitration can be obtained by contacting the administrators: The arbitration shall be conducted in the same city as the U.S. District Court closest to the branch where your account is held at the time the claim is filed unless the parties agree to a different location in writing.
Commencement of Arbitration Proceedings. Commencement of arbitration proceedings
Commencement of Arbitration Proceedings. If either: (a) the amount in Dispute is more than $500,000 (index linked); or (b) the Dispute involves material and significant issues other than monetary claims by one Party against the other Party; or (c) a Notice of Dispute has been issued for a Dispute in relation to a determination made by the Independent Certifier pursuant to Section 2.4 [Independent Certifier], such Party may, at any time up to 90 days following the issuance of the Referee’s decision or the making of the Independent Certifier’s determination (as applicable), commence proceedings to have the Dispute settled by arbitration under Section 2.8 [Arbitration]. In any such proceedings, the scope of issues will not be limited strictly to the terms of the Dispute Notice but may extend to include directly related matters for the purpose of completely resolving the Dispute, including, without limitation, issues that are the subject of the Referee’s decision. Any arbitration commenced under Section 2.8 [Arbitration] shall be decided on a de novo basis and shall not be, or considered to be, an appeal of the Referee’s decision or of the Independent Certifier’s determination (as applicable). For greater certainty the arbitrator selected to hear the Dispute shall not be bound by, or be required to adhere to, any findings of fact by, or any other findings or decisions or determinations of, the Referee or the Independent Certifier (as applicable), and Section 2.6(k) [Evidence in Arbitration] shall apply to the arbitration of the Dispute.
Commencement of Arbitration ProceedingsThe party filing a claim in arbitration must select either one of the following two national arbitration administrators: Judicial Arbitration and Mediation Services, Inc. (“JAMS”) or American Arbitration Association (“AAA”). Once you initiate the arbitration, you must notify us in writing at SHINHAN BANK AMERICA, Attention: Legal, 000 Xxxxx Xxxxxx, 0xx Xxxxx, Xxx Xxxx, XX 00000. If we file a claim in arbitration, we will notify you in writing at your last known address on file. A copy of the arbitration rules for the two arbitration administrators as well as additional information about initiating arbitration can be obtained by contacting the administrators: JAMS: 000-000-0000 (toll-free) Website: xxx.xxxxxxx.xxx AAA: 000-000-0000 (toll-free) Website: xxx.xxx.xxx The arbitration shall be conducted in the same city as the U.S. District Court closest to the branch where your account is held at the time the claim is filed, unless the parties agree to a different location in writing.
Commencement of Arbitration ProceedingsIf either party wishes to arbitrate a Dispute decided by the Referee under Section 1.4 [Fast Track Referee Process] of this Schedule 20 [Dispute Resolution Procedure], either party may, at any time up to 90 days following the Referee’s decision, commence proceedings to have the Dispute settled by arbitration under Section 1.6 [Arbitration] of this Schedule 20 [Dispute Resolution Procedure]. In any such proceedings, the scope of issues will not be limited strictly to the terms of the Dispute Notice but may extend to include directly related matters for the purpose of completely resolving the Dispute, including, without limitation, issues that are the subject of the Referee’s decision. Any Dispute decided by the Referee under Section 1.4 [Fast Track Referee Process] of this Schedule 20 [Dispute Resolution Procedure] and subsequently referred to arbitration under Section 1.6 [Arbitration] of this Schedule 20 [Dispute Resolution Procedure] shall be decided on a de novo basis and shall not be, or considered to be, an appeal of the Referee’s decision. For greater certainty, the arbitrator selected to hear the Dispute shall not be bound by, or be required to adhere to, any findings of fact by, or any other findings or decisions of, the Referee, and Section 1.4(k) [Evidence in Arbitration] of this Schedule 20 [Dispute Resolution Procedure] applies to the arbitration of the Dispute.
Commencement of Arbitration Proceedings. ‌ If either: (a) the amount in Dispute is more than $500,000 (index linked); or (b) the Dispute involves material and significant issues other than monetary claims by one Party against the other Party; such Party may, at any time up to 90 days following the issuance of the Referee’s decision, commence proceedings to have the Dispute settled by arbitration under Section 4.2 [Arbitration]. In any such proceedings, the scope of issues will not be limited strictly to the terms of the Dispute Notice but may extend to include directly related matters for the purpose of completely resolving the Dispute, including, without limitation, issues that are the subject of the Referee’s decision. Any arbitration commenced under Section 4.2 [Arbitration] shall be decided on a de novo basis and shall not be, or considered to be, an appeal of the Referee’s decision. For greater certainty the arbitrator selected to hear the Dispute shall not be bound by, or be required to adhere to, any findings of fact by, or any other findings or decisions or determinations of the Referee, and Section 3.6(k) [Evidence in Arbitration] shall apply to the arbitration of the Dispute.

Related to Commencement of Arbitration Proceedings

  • Arbitration Proceedings Arbitration between the parties will be subject to the following:

  • Alternative Arbitration Proceedings Alternatively, the Parties may refer the matter to the Nairobi Centre for International Arbitration (NCIA) which offers a neutral venue for the conduct of national and international arbitration with commitment to providing institutional support to the arbitral process.

  • Initiation of Arbitration Pursuant to Section 110 of the Arbitration Act, the parties agree that a party may initiate Arbitration by giving written notice to the other party (“Arbitration Notice”) in the same manner that notice is permitted under Section 9.13 of the Agreement; provided, however, that the Arbitration Notice may not be given by email or fax. Arbitration will be deemed initiated as of the date that the Arbitration Notice is deemed delivered to such other party under Section 9.13 of the Agreement (the “Service Date”). After the Service Date, information may be delivered, and notices may be given, by email or fax pursuant to Section 9.13 of the Agreement or any other method permitted thereunder. The Arbitration Notice must describe the nature of the controversy, the remedies sought, and the election to commence Arbitration proceedings. All Claims in the Arbitration Notice must be pleaded consistent with the Utah Rules of Civil Procedure.

  • Cost of Arbitration The fees for a single Arbitrator, or a Chairperson of a Board of Arbitration, shall be shared equally by the parties.

  • Scope of Arbitration The Executive expressly understands and agrees that claims subject to arbitration under this section include asserted violations of the Employee Retirement and Income Security Act of 1974; the Age Discrimination in Employment Act; the Older Worker’s Benefit Protection Act; the Americans with Disabilities Act; Title VII of the Civil Rights Act of 1964 (as amended); the Family and Medical Leave Act; any law prohibiting discrimination, harassment or retaliation in employment; any claim of promissory estoppel or detrimental reliance, defamation, intentional infliction of emotional distress; or the public policy of any state, or any federal, state or local law.

  • Mediation/Arbitration (a) All disputes, claims or controversies arising out of or relating to this Agreement (collectively, “Disputes”) shall be submitted to non-binding mediation by either party to an impartial mediator, as agreed to by the parties, and appointed through JAMS in San Francisco, California, for a good faith effort at resolution. The mediator shall review the Dispute within thirty (30) days of submission or at such other time provided the parties so agree. Any mediation fee shall be paid equally among the parties. Any Dispute which is not resolved through such mandatory mediation shall be settled by final and binding arbitration before a single neutral arbitrator of JAMS in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association in San Francisco, California. Judgment on the award rendered by the arbitrator may be entered in any court in California. In the event that any Dispute between Indemnitee and the Corporation should result in arbitration, the prevailing party in the Dispute shall be entitled to recover from the other party all reasonable fees, costs and expenses of enforcing any right of the prevailing party, including, without limitation, reasonable attorneys’ fees, experts’ fees, and expenses. Each party agrees that the Dispute as mediated and/or arbitrated and the final resolution of such Dispute shall be considered to be confidential information, and shall be kept confidential by each party. (b) Indemnitee specifically acknowledges and understands that by agreeing to this provision, Indemnitee is waiving all rights to have his or her claims brought, investigated, and/or adjudicated by an administrative agency, or heard before a judge or jury. Indemnitee also understands that Indemnitee’s rights to discovery may be lesser or narrower in arbitration, that there may be fees and costs associated with mediation and/or arbitration that Indemnitee may not otherwise have, and that Indemnitee is waiving substantial time that Indemnitee might otherwise have to make a claim, prepare his or her case, or investigate his or her claims. The claims include claims of any kind relating to Indemnitee’s relationship with the Corporation, including claims relating to compensation, discrimination, any benefits, status as an officer, director or Agent of the Corporation, conflict of interest, or any other claim or dispute relating to or arising out of Indemnitee’s relationship with the Corporation. The underlying Disputes shall be fully and finally resolved through arbitration, including any right to permanent injunctive relief.

  • Step 4 - Arbitration a. If the Union is dissatisfied with the written decision at Step 2 or if the mediation is not successful, within twenty-five (25) days of the Step 2 meeting, the Union may advance the grievance to arbitration. Only the Union (not an individual Bargaining Unit Faculty member) may process a grievance to arbitration. b. Within thirty (30) days of notice of proceeding to arbitration, the Union and the College shall select an impartial third party to be Arbitrator. In the event the parties cannot agree on the selection of an impartial third party, they shall request a list of Arbitrators from Federal Mediation and Conciliation Service. c. Within five (5) days of receipt of the list, the parties shall alternately strike names from the list until one name remains. The person whose name remains shall be the Arbitrator. d. Each party shall bear the expense of preparing and presenting its own case. The costs of the arbitration proceedings, including compensation, fees and expenses of the Arbitrator, and the cost of any hearing transcript, shall be borne equally by the College and the Union. Unless otherwise mutually agreed, each arbitration hearing shall deal with no more than one (1) grievance. e. Subject to the availability of the Arbitrator selected, arbitration shall begin within thirty (30) days unless a delay is agreed upon by both parties. f. The Arbitrator shall have no power to add to, subtract from, modify or disregard any of the provisions of this Agreement. The decision of the Arbitrator shall be final and binding on the parties, although each side retains whatever rights it has under state or federal law to challenge the decision and award. The Arbitrator shall have no jurisdiction or authority to issue any award changing, modifying or restricting any action taken by the College on matters committed to the College’s discretion under Article 23, Management Rights, which are not further abridged by other terms of this Agreement. Jurisdiction shall extend solely to claims of violation of specific written provisions of the Agreement and involve only the interpretation and application of the Agreement.

  • Transparency of Arbitral Proceedings 1. Subject to paragraphs 2 and 3, the disputing Member State may make publicly available all awards, and decisions produced by the tribunal. 2. Any of the disputing parties that intend to use information designated as confidential information in a hearing shall so advise the tribunal. The tribunal shall make appropriate arrangements to protect the information from disclosure. 3. Any information specifically designated as confidential that is submitted to the tribunal or the disputing parties shall be protected from disclosure to the public. 4. A disputing party may disclose to persons directly connected with the arbitral proceedings such confidential information as it considers necessary for the preparation of its case, but it shall require that such confidential information is protected. 5. The tribunal shall not require a Member State to furnish or allow access to information the disclosure of which would impede law enforcement or would be contrary to the Member States law protecting Cabinet confidences, personal privacy or the financial affairs and accounts of individual customers of financial institutions, or which it determines to be contrary to its essential security. 6. The non-disputing Member State shall be entitled, at its cost, to receive from the disputing Member State a copy of the notice of arbitration, no later than 30 days after the date that such document has been delivered to the disputing Member State. The disputing Member State shall notify all other Member States of the receipt of the notice of arbitration within 30 days thereof.

  • Litigation; Proceedings Except as specifically disclosed in the Disclosure Materials, there is no action, suit, notice of violation, proceeding or investigation pending or, to the best knowledge of the Company, threatened against or affecting the Company or any of its Subsidiaries or any of their respective properties before or by any court, governmental or administrative agency or regulatory authority (federal, state, county, local or foreign) which (i) adversely affects or challenges the legality, validity or enforceability of any Transaction Document or the Securities or (ii) could, individually or in the aggregate, have or result in a Material Adverse Effect.

  • Expedited Arbitration Procedure The expedited procedure shall be used for either grievances involving Articles exclusively applying to temporary workers or, with the mutual agreement of the Employer and Union, for other grievances. For grievances that do not involve Articles exclusively applying to temporary workers, either the Employer or Union may request in writing that the expedited arbitration procedure be used at the time the Parties are scheduling dates with the arbitrator. (a) The Employer and Union will develop a stipulation of facts and use affidavits and other time-saving methods whenever possible and when mutually agreed upon. (b) Case presentation will be limited to preliminary opening statements, brief recitation of facts, witness presentation and closing oral argument. No post hearing briefs shall be filed or transcripts made. The hearing will be completed within one (1) business day unless otherwise agreed upon by the Parties. (c) The hearing shall be conducted by the arbitrator in whatever manner will most expeditiously permit full presentation of the evidence and arguments of the Parties. (d) The arbitrator may issue, at their discretion, a bench decision at the conclusion of the hearing or may issue a written award no later than seven (7) calendar days from the close of the hearing excluding weekends and holidays. (e) All decisions shall be final and binding on the Employer and Union. An arbitration award will be non-precedential if mutually agreed upon by the Parties before the hearing starts. The arbitrator’s award shall be based on the record and shall include a brief explanation of the basis for the award.