Dispute Resolution and Arbitration. (a) Except as provided in subparagraph (b) below, any and all justiciable controversies, claims or disputes that you may have against the Company and/or the Company may have against you arising out of, relating to, or resulting from your employment with the Company, or the separation of your employment with the Company, including claims arising out of or related to this Agreement, shall be subject to mandatory arbitration (“Mandatory Arbitration”) as set forth herein. The mutual obligations by the Company and you to arbitrate differences provide mutual consideration for this Mandatory Arbitration provision. Prior to commencing arbitration, if any such matter cannot be settled through negotiation, then the parties agree first to try in good faith to settle the dispute by mediation through a mediator selected by the mutual agreement of both parties. If any such matters cannot be resolved by mediation within 30 days of the Company or you requesting mediation (or such longer period as to which you and the Company agree in writing), they shall be finally resolved by final and binding arbitration. The parties shall select a neutral arbitrator and/or arbitration sponsoring organization by mutual agreement. If the parties are not able to mutually agree to an arbitrator and/or arbitration sponsoring organization, the arbitration will be held under the auspices of the American Arbitration Association (“AAA”), and except as otherwise provided in this Agreement, shall be in accordance with the then current Employment Arbitration Rules of the AAA, which may be found at ▇▇▇.▇▇▇.▇▇▇ or by using an internet search engine to locate “AAA Employment Arbitration Rules”). The arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Mandatory Arbitration provision. Subject to remedies to which a party to the arbitration may be entitled under applicable law, each party shall pay the fees of its own attorneys, the expenses of its witnesses and all other expenses connected with presenting its case. Other costs of the arbitration, including the cost of any record or transcripts of the arbitration, administrative fees, the fee of the arbitrator, and all other fees and costs, shall be borne by the Company. All arbitral awards shall be final and binding, and the arbitration will be conducted in the City of New York, New York, in accordance with the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.). A judgment of a court of competent jurisdiction shall be entered upon the award made pursuant to the arbitration. (b) You agree that any actual or threatened breach by you of the covenants and agreements set forth in Sections 1, 2, and 3 of this Agreement would result in irreparable harm to the Company for which monetary damages alone would be an insufficient remedy. Thus, without limiting Section 7 (a) herein, either party may pursue temporary and/or preliminary injunctive relief in a court of competent jurisdiction for specific performance of the restrictions or provisions in Sections 1, 2, and 3 of this Agreement, tortious interference with prospective employment and/or the protection of confidential information and/or trade secrets, prevention of unfair competition, or enforcement of post-employment contractual restrictions or rights related to same; provided, however, that all issues of final relief shall continue to be decided through arbitration, and the pursuit of the temporary and/or preliminary injunctive relief described herein shall not constitute a waiver of the parties’ agreement to arbitrate by any party. Both you and the Company expressly waive the right to trial by jury.
Appears in 3 contracts
Sources: Non Disclosure, Non Solicitation, Non Competition Agreement (J Crew Group Inc), Non Disclosure, Non Solicitation, Non Competition Agreement (Chinos Holdings, Inc.), Non Disclosure, Non Solicitation, Non Competition Agreement (J Crew Group Inc)
Dispute Resolution and Arbitration. (a) Except as provided in subparagraph (b) below1. Either Contracting Party may refer through diplomatic channels, any and all justiciable controversies, claims or disputes that you may have against to the Company and/or Association Council established under the Company may have against you arising out of, relating to, or resulting from your employment with the Company, or the separation of your employment with the Company, including claims arising out of or related to this Association Agreement, shall be subject to mandatory arbitration (“Mandatory Arbitration”) as set forth herein. The mutual obligations by the Company and you to arbitrate differences provide mutual consideration for this Mandatory Arbitration provision. Prior to commencing arbitration, if any such matter cannot be settled through negotiation, then the parties agree first to try in good faith to settle the dispute by mediation through a mediator selected by the mutual agreement of both parties. If any such matters cannot be resolved by mediation within 30 days of the Company or you requesting mediation (or such longer period as to which you and the Company agree in writing), they shall be finally resolved by final and binding arbitration. The parties shall select a neutral arbitrator and/or arbitration sponsoring organization by mutual agreement. If the parties are not able to mutually agree to an arbitrator and/or arbitration sponsoring organization, the arbitration will be held under the auspices of the American Arbitration Association (“AAA”), and except as otherwise provided in this Agreement, shall be in accordance with the then current Employment Arbitration Rules of the AAA, which may be found at ▇▇▇.▇▇▇.▇▇▇ or by using an internet search engine to locate “AAA Employment Arbitration Rules”). The arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability application or formation interpretation of this Mandatory Arbitration provisionAgreement, having not been resolved in accordance with Article 22. Subject For the purposes of this Article, the Association Council established under the Association Agreement shall act as Joint Committee.
2. The Association Council may settle the dispute by means of a decision.
3. The Contracting Parties shall take the necessary measures to remedies implement the decision referred to which in paragraph 2.
4. Should the Contracting Parties be unable to settle the dispute in accordance with paragraph 2, the dispute shall, at the request of either Contracting Party, be submitted to an arbitration tribunal of three arbitrators in accordance with the procedure laid down hereafter:
(a) each Contracting Party shall appoint an arbitrator within sixty (60) days from the date of reception of the notification for the request for arbitration by the arbitration tribunal addressed by the other Contracting Party through diplomatic channels; the third arbitrator should be appointed by the Contracting Parties within sixty (60) additional days. If one of the Contracting Parties has not appointed an arbitrator within the agreed period, or if the third arbitrator is not appointed within the agreed period, each Contracting Party may request the President of the Council of the ICAO to appoint an arbitrator or arbitrators, whichever is applicable;
(b) the third arbitrator appointed under the terms of paragraph a) above should be a party national of a third State having diplomatic relations with each of the Contracting Parties at the time of appointment, and shall act as a President of the arbitration tribunal;
(c) the arbitration tribunal shall agree on its rules of procedure; and
(d) subject to the final decision of the arbitration may be entitled under applicable law, each party shall pay the fees of its own attorneystribunal, the expenses of the arbitration shall be shared equally by the Contracting Parties.
5. At the request of a Contracting Party the arbitration tribunal may order the other Contracting Party to implement interim relief measures pending the arbitration tribunal's final decision.
6. The arbitration tribunal shall seek to adopt any provisional decision or final decision by consensus. Where consensus is not possible, the arbitration tribunal shall adopt its witnesses and all other expenses connected with presenting its casedecisions by majority voting.
7. Other costs If one of the arbitration, including the cost of any record or transcripts Contracting Parties does not act in conformity with a decision of the arbitration, administrative feesarbitration tribunal taken under the terms of this Article within thirty (30) days from the notification of the aforementioned decision, the fee of other Contracting Party may, for as long as this failure endures, limit, suspend or revoke the arbitrator, and all other fees and costs, shall be borne by rights or privileges which it had granted under the Company. All arbitral awards shall be final and binding, and the arbitration will be conducted in the City of New York, New York, in accordance with the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.). A judgment of a court of competent jurisdiction shall be entered upon the award made pursuant to the arbitration.
(b) You agree that any actual or threatened breach by you of the covenants and agreements set forth in Sections 1, 2, and 3 terms of this Agreement would result in irreparable harm to the Company for which monetary damages alone would be an insufficient remedy. Thus, without limiting Section 7 (a) herein, either party may pursue temporary and/or preliminary injunctive relief in a court of competent jurisdiction for specific performance of the restrictions or provisions in Sections 1, 2, and 3 of this Agreement, tortious interference with prospective employment and/or the protection of confidential information and/or trade secrets, prevention of unfair competition, or enforcement of post-employment contractual restrictions or rights related to same; provided, however, that all issues of final relief shall continue to be decided through arbitration, and the pursuit of the temporary and/or preliminary injunctive relief described herein shall not constitute a waiver of the parties’ agreement to arbitrate by any party. Both you and the Company expressly waive the right to trial by juryContracting Party at fault.
Appears in 3 contracts
Sources: Aviation Agreement, Euro Mediterranean Aviation Agreement, Aviation Agreement
Dispute Resolution and Arbitration. (a) Except as provided in subparagraph (b) below, any and all justiciable controversies, claims or disputes that you may have against 8.1. Dispute Resolution through Amicable Settlement: In the Company and/or event of a dispute between the Company may have against you arising out of, relating to, or resulting from your employment with the Company, or the separation of your employment with the Company, including claims Parties arising out of or related in connection with this Lease Deed, the Parties shall mutually discuss and endeavor to amicably resolve such dispute within 30 days.
8.2. If the Parties are unable to resolve any dispute, controversy or claim relating to or arising under this AgreementLease Deed, as stated above, the same shall be subject referred to mandatory APDCLfor resolution of the dispute.APDCL upon hearing the Parties shall provide its decision within 30 (thirty) days from the date the dispute was referred to APDCL. In the event any Party is aggrieved by the decision of APDCL, such aggrieved party shall have the right to refer the matter to arbitration.
8.3. Disputes referred to arbitration shall be conducted by a panel consisting of three (3) arbitrators (“Mandatory ArbitrationArbitration Tribunal”) as set forth herein). The mutual obligations arbitration proceedings shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 as amended by the Company Arbitration and you to arbitrate differences provide mutual consideration for this Mandatory Arbitration provisionConciliation (Amendment) Act, 2015. Prior to commencing arbitration, if any such matter cannot be settled through negotiation, then the parties agree first to try in good faith to settle the dispute by mediation through a mediator selected by the mutual agreement of both parties. If any such matters cannot be resolved by mediation Each party shall appoint one arbitrator within 30 days of the Company or you requesting mediation (or such longer period as to which you and the Company agree in writing), they shall be finally resolved receipt of request for settlement of dispute by final and binding arbitration. The parties two appointed arbitrators shall select within 30 days of their appointment, jointly identity and appoint a neutral third arbitrator and/or arbitration sponsoring organization by mutual agreementwho shall act as a presiding arbitrator. If the parties are not able In case a party fails to mutually agree to appoint an arbitrator and/or arbitration sponsoring organizationwithin the time lines provided or the presiding arbitrator is not appointed within the time lines provided for his/ her appointment, the arbitration will be held under the auspices appointment of the American Arbitration Association (“AAA”), and except as otherwise provided in this Agreement, arbitrators shall be made in accordance with the then current Employment Arbitration Rules provisions of the AAAArbitration and Conciliation Act, 1996 as amended by the Arbitration and Conciliation (Amendment) Act, 2015.
8.4. During the pendency of any Dispute, both Parties shall, save as otherwise provided herein, continue to perform their respective obligations under this Lease Deed and shall not, whether by act or omission, impede or otherwise interfere with the endeavor of the defaulting Party to remedy the Non-Compliance or default to which may be found at ▇▇▇such Dispute relates.▇▇▇.▇▇▇ or by using an internet search engine to locate “AAA Employment Arbitration Rules”)
8.5. The arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Mandatory Arbitration provision. Subject to remedies to which a party to the arbitration may be entitled under applicable law, each party shall pay the fees of its own attorneys, the expenses of its witnesses and all other expenses connected with presenting its case. Other costs award of the arbitration, including the cost of any record or transcripts of the arbitration, administrative fees, the fee of the arbitrator, and all other fees and costs, shall be borne by the Company. All arbitral awards Arbitral Tribunal shall be final and binding, and binding on the arbitration will be conducted in the City of New York, New York, in accordance with the Federal Arbitration Act (9 U.S.C. §§ 1 et seqParties.). A judgment of a court of competent jurisdiction shall be entered upon the award made pursuant to the arbitration.
(b) You agree that any actual or threatened breach by you of the covenants and agreements set forth in Sections 1, 2, and 3 of this Agreement would result in irreparable harm to the Company for which monetary damages alone would be an insufficient remedy. Thus, without limiting Section 7 (a) herein, either party may pursue temporary and/or preliminary injunctive relief in a court of competent jurisdiction for specific performance of the restrictions or provisions in Sections 1, 2, and 3 of this Agreement, tortious interference with prospective employment and/or the protection of confidential information and/or trade secrets, prevention of unfair competition, or enforcement of post-employment contractual restrictions or rights related to same; provided, however, that all issues of final relief shall continue to be decided through arbitration, and the pursuit of the temporary and/or preliminary injunctive relief described herein shall not constitute a waiver of the parties’ agreement to arbitrate by any party. Both you and the Company expressly waive the right to trial by jury.
Appears in 3 contracts
Sources: Lease Deed, Lease Deed, Lease Deed
Dispute Resolution and Arbitration. In the event that any dispute arises among the parties pertaining to the subject matter of this Agreement, and the parties, through the senior management of FAAC and the Members’ Representative, are unable to resolve such dispute within a reasonable time through negotiations and mediation efforts, such dispute shall be resolved as set forth in this Section 11.11.
(a) Except The procedures of this Section 11.11 may be initiated by a written notice (“Dispute Notice”) given by one party (“Claimant”) to the other, but not before thirty (30) days have passed during which the parties have been unable to reach a resolution as described (unless any party would be materially prejudiced by such delay). The Dispute Notice shall be accompanied by (i) a statement of the Claimant describing the dispute in reasonable detail and (ii) documentation, if any, supporting the Claimant’s position on the dispute. Within twenty (20) days after the other party’s (“Respondent”) receipt of the Dispute Notice and accompanying materials, the parties shall submit the dispute to mediation in the Washington, D.C. area under the rules of the American Arbitration Association. All negotiations and mediation procedures pursuant to this paragraph (a) shall be confidential and treated as compromise and settlement negotiations and shall not be admissible in any arbitration or other proceeding.
(b) If the dispute is not resolved as provided in subparagraph paragraph (ba) belowwithin sixty (60) days after the Respondent’s receipt of the Dispute Notice, any and all justiciable controversies, claims or disputes that you may have against the Company and/or the Company may have against you arising out of, relating to, or resulting from your employment with the Company, or the separation of your employment with the Company, including claims arising out of or related to this Agreement, shall be subject to mandatory arbitration (“Mandatory Arbitration”) as set forth herein. The mutual obligations by the Company and you to arbitrate differences provide mutual consideration for this Mandatory Arbitration provision. Prior to commencing arbitration, if any such matter cannot be settled through negotiation, then the parties agree first to try in good faith to settle the dispute by mediation through a mediator selected by the mutual agreement of both parties. If any such matters cannot shall be resolved by mediation within 30 days of the Company or you requesting mediation (or such longer period as to which you and the Company agree in writing), they shall be finally resolved by final and binding arbitration. The Within the sixty-day period referred to in the immediately preceding sentence, the parties shall select agree on a neutral single arbitrator and/or arbitration sponsoring organization by mutual agreementto resolve the dispute. If the parties are not able fail to mutually agree to on the designation of an arbitrator and/or arbitration sponsoring organizationwithin said sixty-day period, the arbitration will be held under the auspices of the American Arbitration Association in the Washington, D.C. area shall be requested to designate the single arbitrator. If the arbitrator becomes disabled, resigns or is otherwise unable to discharge the arbitrator’s duties, the arbitrator’s successor shall be appointed in the same manner as the arbitrator was appointed.
(“AAA”), and except c) Except as otherwise provided in this AgreementSection 11.11, the arbitration shall be conducted in accordance with the then current Employment Arbitration Commercial Rules of the AAAAmerican Arbitration Association, which shall be governed by the United States Arbitration Act.
(d) Any resolution reached through mediation and any award arising out of arbitration (i) shall be binding and conclusive upon the parties; (ii) shall be limited to a holding for or against a party, and affording such monetary remedy as is deemed equitable, just and within the scope of this Agreement; (iii) may not include special, incidental, consequential or punitive damages; (iv) may in appropriate circumstances include injunctive relief; and (v) may be found at ▇▇▇.▇▇▇.▇▇▇ or by using an internet search engine to locate “AAA Employment Arbitration Rules”). The arbitrator, and not any federal, state or local entered in court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Mandatory Arbitration provision. Subject to remedies to which a party to the arbitration may be entitled under applicable law, each party shall pay the fees of its own attorneys, the expenses of its witnesses and all other expenses connected with presenting its case. Other costs of the arbitration, including the cost of any record or transcripts of the arbitration, administrative fees, the fee of the arbitrator, and all other fees and costs, shall be borne by the Company. All arbitral awards shall be final and binding, and the arbitration will be conducted in the City of New York, New York, in accordance with the Federal United States Arbitration Act (9 U.S.C. §§ 1 et seq.). A judgment of a court of competent jurisdiction shall be entered upon the award made pursuant to the arbitrationAct.
(be) You agree that Arbitration shall not be deemed a waiver of any actual right of termination under this Agreement, and the arbitrator is not empowered to act or threatened breach by you make any award other than based solely on the rights and obligations of the covenants and agreements set forth parties prior to termination in Sections 1accordance with this Agreement.
(f) The arbitrator may not limit, 2expand, and 3 of this Agreement would result in irreparable harm to or otherwise modify the Company for which monetary damages alone would be an insufficient remedy. Thus, without limiting Section 7 (a) herein, either party may pursue temporary and/or preliminary injunctive relief in a court of competent jurisdiction for specific performance of the restrictions or provisions in Sections 1, 2, and 3 terms of this Agreement.
(g) The laws of the State of Maryland shall apply to any mediation, tortious interference with prospective employment and/or the protection of confidential information and/or trade secrets, prevention of unfair competitionarbitration, or enforcement of post-employment contractual restrictions litigation arising under this Agreement.
(h) Each party shall bear its own expenses incurred in any mediation, arbitration or rights litigation, but any expenses related to same; provided, however, that all issues of final relief shall continue to be decided through arbitration, the compensation and the pursuit costs of any mediator or arbitrator shall be borne equally by the temporary and/or preliminary injunctive relief described herein parties to the dispute.
(i) A request by a party to a court for interim measures necessary to preserve a party’s rights and remedies for resolution pursuant to this Section 11.11 shall not constitute be deemed a waiver of the parties’ obligation to mediate or of the agreement to arbitrate by any party. Both you arbitrate.
(j) The parties, their representatives, other participants and the Company expressly waive mediator or arbitrator shall hold the right to trial by juryexistence, content and result of mediation or arbitration in confidence.
Appears in 3 contracts
Sources: Membership Interest Purchase Agreement (Fortress America Acquisition CORP), Membership Interest Purchase Agreement (Fortress America Acquisition CORP), Membership Interest Purchase Agreement (Fortress America Acquisition CORP)
Dispute Resolution and Arbitration. (a) Except as provided in subparagraph (b) below, any and all justiciable controversies, claims or disputes that you may have against 8.1 Dispute Resolution through Amicable Settlement: In the Company and/or event of a dispute between the Company may have against you arising out of, relating to, or resulting from your employment with the Company, or the separation of your employment with the Company, including claims Parties arising out of or related in connection with this Lease Deed, the Parties shall mutually discuss and endeavor to amicably resolve such dispute within 30 days.
8.2 If the Parties are unable to resolve any dispute, controversy or claim relating to or arising under this Agreement▇▇▇▇▇ ▇▇▇▇, as stated above, the same shall be subject referred to mandatory APDCL for resolution of the dispute. APDCL upon hearing the Parties shall provide its decision within 30 (thirty) days from the date the dispute was referred to APDCL. In the event any Party is aggrieved by the decision of APDCL, such aggrieved party shall have the right to refer the matter to arbitration.
8.3 Disputes referred to arbitration shall be conducted by a panel consisting of three (3) arbitrators (“Mandatory ArbitrationArbitration Tribunal”) as set forth herein). The mutual obligations arbitration proceedings shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 as amended by the Company Arbitration and you to arbitrate differences provide mutual consideration for this Mandatory Arbitration provisionConciliation (Amendment) Act, 2015. Prior to commencing arbitration, if any such matter cannot be settled through negotiation, then the parties agree first to try in good faith to settle the dispute by mediation through a mediator selected by the mutual agreement of both parties. If any such matters cannot be resolved by mediation Each party shall appoint one arbitrator within 30 days of the Company or you requesting mediation (or such longer period as to which you and the Company agree in writing), they shall be finally resolved receipt of request for settlement of dispute by final and binding arbitration. The parties two appointed arbitrators shall select within 30 days of their appointment, jointly identity and appoint a neutral third arbitrator and/or arbitration sponsoring organization by mutual agreementwho shall act as a presiding arbitrator. If the parties are not able In case a party fails to mutually agree to appoint an arbitrator and/or arbitration sponsoring organizationwithin the time lines provided or the presiding arbitrator is not appointed within the time lines provided for his/ her appointment, the arbitration will be held under the auspices appointment of the American Arbitration Association (“AAA”), and except as otherwise provided in this Agreement, arbitrators shall be made in accordance with the then current Employment Arbitration Rules provisions of the AAAArbitration and Conciliation Act, which may be found at ▇▇▇1996 as amended by the Arbitration and Conciliation (Amendment) Act, 2015.▇▇▇.▇▇▇
8.4 During the pendency of any Dispute, both Parties shall, save as otherwise provided herein, continue to perform their respective obligations under this Lease Deed and shall not, whether by act or by using an internet search engine omission, impede or otherwise interfere with the endeavor of the defaulting Party to locate “AAA Employment Arbitration Rules”). The arbitrator, and not any federal, state remedy the Non-Compliance or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Mandatory Arbitration provision. Subject to remedies default to which a party to the arbitration may be entitled under applicable law, each party shall pay the fees of its own attorneys, the expenses of its witnesses and all other expenses connected with presenting its case. Other costs such Dispute relates.
8.5 The award of the arbitration, including the cost of any record or transcripts of the arbitration, administrative fees, the fee of the arbitrator, and all other fees and costs, shall be borne by the Company. All arbitral awards Arbitral Tribunal shall be final and binding, and binding on the arbitration will be conducted in the City of New York, New York, in accordance with the Federal Arbitration Act (9 U.S.C. §§ 1 et seqParties.). A judgment of a court of competent jurisdiction shall be entered upon the award made pursuant to the arbitration.
(b) You agree that any actual or threatened breach by you of the covenants and agreements set forth in Sections 1, 2, and 3 of this Agreement would result in irreparable harm to the Company for which monetary damages alone would be an insufficient remedy. Thus, without limiting Section 7 (a) herein, either party may pursue temporary and/or preliminary injunctive relief in a court of competent jurisdiction for specific performance of the restrictions or provisions in Sections 1, 2, and 3 of this Agreement, tortious interference with prospective employment and/or the protection of confidential information and/or trade secrets, prevention of unfair competition, or enforcement of post-employment contractual restrictions or rights related to same; provided, however, that all issues of final relief shall continue to be decided through arbitration, and the pursuit of the temporary and/or preliminary injunctive relief described herein shall not constitute a waiver of the parties’ agreement to arbitrate by any party. Both you and the Company expressly waive the right to trial by jury.
Appears in 1 contract
Sources: Lease Deed
Dispute Resolution and Arbitration. (a) Except as provided in subparagraph (b) below1. Either Contracting Party may refer through diplomatic channels, any and all justiciable controversies, claims or disputes that you may have against to the Company and/or Association Council established under the Company may have against you arising out of, relating to, or resulting from your employment with the Company, or the separation of your employment with the Company, including claims arising out of or related to this Association Agreement, shall be subject to mandatory arbitration (“Mandatory Arbitration”) as set forth herein. The mutual obligations by the Company and you to arbitrate differences provide mutual consideration for this Mandatory Arbitration provision. Prior to commencing arbitration, if any such matter cannot be settled through negotiation, then the parties agree first to try in good faith to settle the dispute by mediation through a mediator selected by the mutual agreement of both parties. If any such matters cannot be resolved by mediation within 30 days of the Company or you requesting mediation (or such longer period as to which you and the Company agree in writing), they shall be finally resolved by final and binding arbitration. The parties shall select a neutral arbitrator and/or arbitration sponsoring organization by mutual agreement. If the parties are not able to mutually agree to an arbitrator and/or arbitration sponsoring organization, the arbitration will be held under the auspices of the American Arbitration Association (“AAA”), and except as otherwise provided in this Agreement, shall be in accordance with the then current Employment Arbitration Rules of the AAA, which may be found at ▇▇▇.▇▇▇.▇▇▇ or by using an internet search engine to locate “AAA Employment Arbitration Rules”). The arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability application or formation interpretation of this Mandatory Arbitration provisionAgreement, having not been resolved in accordance with Article 22 (The Joint Committee). Subject For the purposes of this Article, the Association Council established under the Association Agreement shall act as Joint Committee.
2. The Association Council may settle the dispute by means of a decision.
3. The Contracting Parties shall take the necessary measures to remedies implement the decision referred to which in paragraph 2.
4. Should the Contracting Parties be unable to settle the dispute in accordance with paragraph 2, the dispute shall, at the request of either Contracting Party, be submitted to an arbitration tribunal of three arbitrators in accordance with the procedure laid down hereafter:
(a) each Contracting Party shall appoint an arbitrator within sixty (60) days from the date of reception of the notification for the request for arbitration by the arbitration tribunal addressed by the other Contracting Party through diplomatic channels; the third arbitrator should be appointed by the Contracting Parties within sixty (60) additional days. If one of the Contracting Parties has not appointed an arbitrator within the agreed period, or if the third arbitrator is not appointed within the agreed period, each Contracting Party may request the President of the Council of the ICAO to appoint an arbitrator or arbitrators, whichever is applicable;
(b) the third arbitrator appointed under the terms of paragraph a) above should be a party national of a third State having diplomatic relations with each of the Contracting Parties at the time of appointment, and shall act as a President of the arbitration tribunal;
(c) the arbitration tribunal shall agree its rules of procedure; and
(d) subject to the final decision of the arbitration may be entitled under applicable law, each party shall pay the fees of its own attorneystribunal, the expenses of the arbitration shall be shared equally by the Contracting Parties.
5. At the request of a Contracting Party the arbitration tribunal may order the other Contracting Party to implement interim relief measures pending the arbitration tribunal's final decision.
6. The arbitration tribunal shall seek to adopt any provisional decision or final decision by consensus. Where consensus is not possible, the arbitration tribunal shall adopt its witnesses and all other expenses connected with presenting its casedecisions by majority voting.
7. Other costs If one of the arbitration, including the cost of any record or transcripts Contracting Parties does not act in conformity with a decision of the arbitration, administrative feesarbitration tribunal taken under the terms of this Article within thirty (30) days from the notification of the aforementioned decision, the fee of other Contracting Party may, for as long as this failure endures, limit, suspend or revoke the arbitrator, and all other fees and costs, shall be borne by rights or privileges which it had granted under the Company. All arbitral awards shall be final and binding, and the arbitration will be conducted in the City of New York, New York, in accordance with the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.). A judgment of a court of competent jurisdiction shall be entered upon the award made pursuant to the arbitration.
(b) You agree that any actual or threatened breach by you of the covenants and agreements set forth in Sections 1, 2, and 3 terms of this Agreement would result in irreparable harm to the Company for which monetary damages alone would be an insufficient remedy. Thus, without limiting Section 7 (a) herein, either party may pursue temporary and/or preliminary injunctive relief in a court of competent jurisdiction for specific performance of the restrictions or provisions in Sections 1, 2, and 3 of this Agreement, tortious interference with prospective employment and/or the protection of confidential information and/or trade secrets, prevention of unfair competition, or enforcement of post-employment contractual restrictions or rights related to same; provided, however, that all issues of final relief shall continue to be decided through arbitration, and the pursuit of the temporary and/or preliminary injunctive relief described herein shall not constitute a waiver of the parties’ agreement to arbitrate by any party. Both you and the Company expressly waive the right to trial by juryContracting Party at fault.
Appears in 1 contract
Dispute Resolution and Arbitration. (a) Except as provided in subparagraph (b) below1. Either Contracting Party may refer through diplomatic channels, any and all justiciable controversies, claims or disputes that you may have against to the Company and/or Association Council established under the Company may have against you arising out of, relating to, or resulting from your employment with the Company, or the separation of your employment with the Company, including claims arising out of or related to this Association Agreement, shall be subject to mandatory arbitration (“Mandatory Arbitration”) as set forth herein. The mutual obligations by the Company and you to arbitrate differences provide mutual consideration for this Mandatory Arbitration provision. Prior to commencing arbitration, if any such matter cannot be settled through negotiation, then the parties agree first to try in good faith to settle the dispute by mediation through a mediator selected by the mutual agreement of both parties. If any such matters cannot be resolved by mediation within 30 days of the Company or you requesting mediation (or such longer period as to which you and the Company agree in writing), they shall be finally resolved by final and binding arbitration. The parties shall select a neutral arbitrator and/or arbitration sponsoring organization by mutual agreement. If the parties are not able to mutually agree to an arbitrator and/or arbitration sponsoring organization, the arbitration will be held under the auspices of the American Arbitration Association (“AAA”), and except as otherwise provided in this Agreement, shall be in accordance with the then current Employment Arbitration Rules of the AAA, which may be found at ▇▇▇.▇▇▇.▇▇▇ or by using an internet search engine to locate “AAA Employment Arbitration Rules”). The arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability application or formation interpretation of this Mandatory Arbitration provisionAgreement, having not been resolved in accordance with Article 22. Subject For the purposes of this Article, the Association Council established under the Association Agreement shall act as Joint Committee.
2. The Association Council may settle the dispute by means of a decision.
3. The Contracting Parties shall take the necessary measures to remedies implement the decision referred to which in paragraph 2.
4. Should the Contracting Parties be unable to settle the dispute in accordance with paragraph 2, the dispute shall, at the request of either Contracting Party, be submitted to an arbitration tribunal of three arbi trators in accordance with the procedure laid down hereafter:
(a) each Contracting Party shall appoint an arbitrator within sixty (60) days from the date of reception of the notification for the request for arbitration by the arbitration tribunal addressed by the other Contracting Party through diplomatic channels; the third arbitrator should be appointed by the Contracting Parties within sixty (60) additional days. If one of the Contracting Parties has not appointed an arbitrator within the agreed period, or if the third arbitrator is not appointed within the agreed period, each Contracting Party may request the President of the Council of the ICAO to appoint an arbitrator or arbitrators, whichever is applicable;
(b) the third arbitrator appointed under the terms of paragraph a) above should be a party national of a third State having diplomatic relations with each of the Contracting Parties at the time of appointment, and shall act as a President of the arbitration tribunal;
(c) the arbitration tribunal shall agree on its rules of procedure; and
(d) subject to the final decision of the arbitration may be entitled under applicable law, each party shall pay the fees of its own attorneystribunal, the expenses of the arbitration shall be shared equally by the Contracting Parties.
5. At the request of a Contracting Party the arbitration tribunal may order the other Contracting Party to implement interim relief measures pending the arbitration tribunal's final decision.
6. The arbitration tribunal shall seek to adopt any provisional decision or final decision by consensus. Where consensus is not possible, the arbitration tribunal shall adopt its witnesses and all other expenses connected with presenting its casedecisions by majority voting.
7. Other costs If one of the arbitration, including the cost of any record or transcripts Contracting Parties does not act in conformity with a decision of the arbitration, administrative feesarbitration tribunal taken under the terms of this Article within thirty (30) days from the notification of the aforementioned decision, the fee of other Contracting Party may, for as long as this failure endures, limit, suspend or revoke the arbitrator, and all other fees and costs, shall be borne by rights or privileges which it had granted under the Company. All arbitral awards shall be final and binding, and the arbitration will be conducted in the City of New York, New York, in accordance with the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.). A judgment of a court of competent jurisdiction shall be entered upon the award made pursuant to the arbitration.
(b) You agree that any actual or threatened breach by you of the covenants and agreements set forth in Sections 1, 2, and 3 terms of this Agreement would result in irreparable harm to the Company for which monetary damages alone would be an insufficient remedy. Thus, without limiting Section 7 (a) herein, either party may pursue temporary and/or preliminary injunctive relief in a court of competent jurisdiction for specific performance of the restrictions or provisions in Sections 1, 2, and 3 of this Agreement, tortious interference with prospective employment and/or the protection of confidential information and/or trade secrets, prevention of unfair competition, or enforcement of post-employment contractual restrictions or rights related to same; provided, however, that all issues of final relief shall continue to be decided through arbitration, and the pursuit of the temporary and/or preliminary injunctive relief described herein shall not constitute a waiver of the parties’ agreement to arbitrate by any party. Both you and the Company expressly waive the right to trial by juryContracting Party at fault.
Appears in 1 contract
Dispute Resolution and Arbitration. (a) Except as provided in subparagraph (b) below1. Either Contracting Party may refer through diplomatic channels, any and all justiciable controversies, claims or disputes that you may have against to the Company and/or Association Council established under the Company may have against you arising out of, relating to, or resulting from your employment with the Company, or the separation of your employment with the Company, including claims arising out of or related to this Association Agreement, shall be subject to mandatory arbitration (“Mandatory Arbitration”) as set forth herein. The mutual obligations by the Company and you to arbitrate differences provide mutual consideration for this Mandatory Arbitration provision. Prior to commencing arbitration, if any such matter cannot be settled through negotiation, then the parties agree first to try in good faith to settle the dispute by mediation through a mediator selected by the mutual agreement of both parties. If any such matters cannot be resolved by mediation within 30 days of the Company or you requesting mediation (or such longer period as to which you and the Company agree in writing), they shall be finally resolved by final and binding arbitration. The parties shall select a neutral arbitrator and/or arbitration sponsoring organization by mutual agreement. If the parties are not able to mutually agree to an arbitrator and/or arbitration sponsoring organization, the arbitration will be held under the auspices of the American Arbitration Association (“AAA”), and except as otherwise provided in this Agreement, shall be in accordance with the then current Employment Arbitration Rules of the AAA, which may be found at ▇▇▇.▇▇▇.▇▇▇ or by using an internet search engine to locate “AAA Employment Arbitration Rules”). The arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability application or formation interpretation of this Mandatory Arbitration provisionAgreement, having not been resolved in accordance with Article 22. Subject For the purposes of this Article, the Association Council established under the Association Agreement shall act as Joint Committee.
2. The Association Council may settle the dispute by means of a decision.
3. The Contracting Parties shall take the necessary measures to remedies implement the decision referred to which in paragraph 2.
4. Should the Contracting Parties be unable to settle the dispute in accordance with paragraph 2, the dispute shall, at the request of either Contracting Party, be submitted to an arbitration tribunal of three arbitrators in accordance with the procedure laid down hereafter:
(a) each Contracting Party shall appoint an arbitrator within sixty (60) days from the date of reception of the notification for the request for arbitration by the arbitration tribunal addressed by the other Contracting Party through diplomatic channels; the third arbitrator should be appointed by the Contracting Parties within sixty (60) additional days. If one of the Contracting Parties has not appointed an arbitrator within the agreed period, or if the third arbitrator is not appointed within the agreed period, each Contracting Party may request the President of the Council of the ICAO to appoint an arbitrator or arbitrators, whichever is applicable;
(b) the third arbitrator appointed under the terms of paragraph
a) above should be a party national of a third State having diplomatic relations with each of the Contracting Parties at the time of appointment, and shall act as a President of the arbitration tribunal;
(c) the arbitration tribunal shall agree on its rules of procedure; and
(d) subject to the final decision of the arbitration may be entitled under applicable law, each party shall pay the fees of its own attorneystribunal, the expenses of the arbitration shall be shared equally by the Contracting Parties.
5. At the request of a Contracting Party the arbitration tribunal may order the other Contracting Party to implement interim relief measures pending the arbitration tribunal's final decision.
6. The arbitration tribunal shall seek to adopt any provisional decision or final decision by consensus. Where consensus is not possible, the arbitration tribunal shall adopt its witnesses and all other expenses connected with presenting its casedecisions by majority voting.
7. Other costs If one of the arbitration, including the cost of any record or transcripts Contracting Parties does not act in conformity with a decision of the arbitration, administrative feesarbitration tribunal taken under the terms of this Article within thirty (30) days from the notification of the aforementioned decision, the fee of other Contracting Party may, for as long as this failure endures, limit, suspend or revoke the arbitrator, and all other fees and costs, shall be borne by rights or privileges which it had granted under the Company. All arbitral awards shall be final and binding, and the arbitration will be conducted in the City of New York, New York, in accordance with the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.). A judgment of a court of competent jurisdiction shall be entered upon the award made pursuant to the arbitration.
(b) You agree that any actual or threatened breach by you of the covenants and agreements set forth in Sections 1, 2, and 3 terms of this Agreement would result in irreparable harm to the Company for which monetary damages alone would be an insufficient remedy. Thus, without limiting Section 7 (a) herein, either party may pursue temporary and/or preliminary injunctive relief in a court of competent jurisdiction for specific performance of the restrictions or provisions in Sections 1, 2, and 3 of this Agreement, tortious interference with prospective employment and/or the protection of confidential information and/or trade secrets, prevention of unfair competition, or enforcement of post-employment contractual restrictions or rights related to same; provided, however, that all issues of final relief shall continue to be decided through arbitration, and the pursuit of the temporary and/or preliminary injunctive relief described herein shall not constitute a waiver of the parties’ agreement to arbitrate by any party. Both you and the Company expressly waive the right to trial by juryContracting Party at fault.
Appears in 1 contract
Dispute Resolution and Arbitration. (a) Except as provided The Parties shall negotiate in subparagraph (b) belowgood faith and use reasonable efforts to settle any dispute, any and all justiciable controversies, claims controversy or disputes that you may have against the Company and/or the Company may have against you claim arising out of, relating to, or resulting from your employment with the Company, or the separation of your employment with the Company, including claims arising out of or related to this Agreement, shall be subject to mandatory arbitration (“Mandatory Arbitration”) as set forth hereinAgreement or the breach thereof. The mutual obligations by In the Company and you to arbitrate differences provide mutual consideration for this Mandatory Arbitration provision. Prior to commencing arbitration, if event that any such matter cannot be settled through negotiation, then the parties agree first to try in dispute after such good faith to settle the dispute by mediation through a mediator selected by the mutual agreement of both parties. If any such matters negotiation cannot be resolved by mediation within 30 days their respective staff, said dispute shall be referred promptly to the President of ▇▇▇▇▇▇▇▇▇, and the President and Chief Executive Officer of the Company or you requesting mediation parent company of AEZS, who shall make a good faith effort to resolve the matter within ninety (or 90) days from the date of any such longer period as referral. If the matter has not been fully resolved utilizing the process set forth above, and a Party wishes to which you and pursue the Company agree in writing)matter, they each such dispute shall be finally resolved through binding arbitration in Hong Kong administered by final the Hong Kong International Arbitration Centre under the Hong Kong International Arbitration Centre Administered Arbitration rules in force when the Notice of Arbitration is submitted. The tribunal shall consist of three (3) arbitrators, with each Party appointing one arbitrator and binding the third arbitrator to be selected by mutual agreement of the two arbitrators appointed by the Parties and, if no agreement is reached within thirty (30) days, the third arbitrator shall be appointed by the Arbitrator Appointment Committee of the Hong Kong International Arbitration Centre. The language of the arbitration shall be English. The arbitrators shall have no authority to award punitive or any other type of damages not measured by a Party's compensatory damages. Each Party shall bear its own costs and expenses and attorneys' fees and an equal share of the arbitrators' fees and any administrative fees of arbitration. The parties shall select Except to the extent necessary to confirm an award or as may be required by law, neither a neutral arbitrator and/or arbitration sponsoring organization by mutual agreement. If the parties are not able to mutually agree to Party nor an arbitrator and/or may disclose the existence, content, or results of an arbitration sponsoring organizationwithout the prior written consent of both Parties. In no event shall an arbitration be initiated after the date when commencement of a legal or equitable proceeding based on the dispute, controversy or claim would be barred pursuant to the arbitration will be held Hong Kong Limitation Ordinance (Cap. 347). [*] Confidential Treatment Requested The Parties agree that, in the event of a dispute over the nature or quality of performance under the auspices of the American Arbitration Association (“AAA”), and except as otherwise provided in this Agreement, shall be in accordance with the then current Employment Arbitration Rules neither Party may terminate this Agreement until final resolution of the AAA, which may be found at ▇▇▇.▇▇▇.▇▇▇ dispute through arbitration or by using an internet search engine to locate “AAA Employment Arbitration Rules”)other judicial determination. The arbitrator, and not any federal, state Nothing in this Section 13.8 will preclude either Party from seeking interim or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Mandatory Arbitration provision. Subject to remedies to which a party to the arbitration may be entitled under applicable law, each party shall pay the fees of its own attorneys, the expenses of its witnesses and all other expenses connected with presenting its case. Other costs of the arbitration, including the cost of any record or transcripts of the arbitration, administrative fees, the fee of the arbitrator, and all other fees and costs, shall be borne by the Company. All arbitral awards shall be final and binding, and the arbitration will be conducted in the City of New York, New York, in accordance with the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.). A judgment of provisional relief from a court of competent jurisdiction shall be entered upon jurisdiction, including a temporary restraining order, preliminary injunction or other interim equitable relief, concerning a dispute either prior to or during any arbitration if necessary to protect the award made pursuant interests of such Party or to preserve the arbitrationstatus quo pending the arbitration proceeding.
(b) You agree that any actual or threatened breach by you of the covenants and agreements set forth in Sections 1, 2, and 3 of this Agreement would result in irreparable harm to the Company for which monetary damages alone would be an insufficient remedy. Thus, without limiting Section 7 (a) herein, either party may pursue temporary and/or preliminary injunctive relief in a court of competent jurisdiction for specific performance of the restrictions or provisions in Sections 1, 2, and 3 of this Agreement, tortious interference with prospective employment and/or the protection of confidential information and/or trade secrets, prevention of unfair competition, or enforcement of post-employment contractual restrictions or rights related to same; provided, however, that all issues of final relief shall continue to be decided through arbitration, and the pursuit of the temporary and/or preliminary injunctive relief described herein shall not constitute a waiver of the parties’ agreement to arbitrate by any party. Both you and the Company expressly waive the right to trial by jury.
Appears in 1 contract
Dispute Resolution and Arbitration. (a) Except as provided in subparagraph (b) below, any and all justiciable controversies, claims All difficulties or disputes that you may have against the Company and/or the Company may have against you arising out of, relating to, or resulting from your employment with the Company, or the separation of your employment with the Company, including claims arising out of or related to this Agreement, including, without limitation, those relating to its performance or breach, application, interpretation, validity or invalidity, enforceability, nullity or resolution, termination, determination of damages in connection with its breach and questions relating to the tribunal’s own jurisdiction and venue, shall be subject to mandatory arbitration (“Mandatory Arbitration”) as set forth herein. The mutual obligations by the Company and you to arbitrate differences provide mutual consideration for this Mandatory Arbitration provision. Prior to commencing arbitration, if any such matter cannot be settled through negotiation, then the parties agree first to try in good faith to settle the dispute by mediation through a mediator selected by the mutual agreement of both parties. If any such matters cannot be resolved by mediation within 30 days an arbitral tribunal composed of the Company or you requesting mediation (or such longer period three mixed arbitrators, that is, arbitrators as to which you procedure and arbitrators ruling in judgment (the Company agree in writing), they shall be finally resolved by final and binding arbitration. The parties shall select a neutral arbitrator and/or arbitration sponsoring organization by mutual agreement. If the parties are not able to mutually agree to an arbitrator and/or arbitration sponsoring organization, the arbitration will be held under the auspices of the American Arbitration Association (“AAAArbitral Tribunal”), and except as otherwise provided in this Agreement, shall be in accordance with the then current Employment Arbitration Rules of the AAA, which may be found at ▇▇▇.▇▇▇.▇▇▇ or by using an internet search engine to locate “AAA Employment Arbitration Rules”). The arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Mandatory Arbitration provision. Subject to remedies to which a party to the arbitration may be entitled under applicable law, each party shall pay the fees of its own attorneys, the expenses of its witnesses and all other expenses connected with presenting its case. Other costs of the arbitration, including the cost of any record or transcripts of the arbitration, administrative fees, the fee of the arbitrator, and all other fees and costs, shall be borne by the Company. All arbitral awards shall be final and binding, and the arbitration will be conducted in the City of New York, New York, in accordance with the Federal Arbitration Act Procedural Rules of the Arbitration and Mediation Center of the ▇▇▇▇▇▇▇▇ Chamber of Commerce A.G. in effect on the date the arbitration proceeding commences. If, together with an arbitration under this Agreement, a dispute arises in relation to the Lease Agreement, both disputes shall be heard by the same arbitral tribunal, and both proceedings shall be joined to end with a single judgment. The Party requesting arbitration shall appoint the first arbitrator together with its request for arbitration to the Arbitration and Mediation Center of the ▇▇▇▇▇▇▇▇ Chamber of Commerce A.G. and shall communicate to the other party the name of the arbitrator appointed and of the request made to the CAM. The other Party shall appoint the second arbitrator within 15 days of being notified of the request for arbitration and the name of the arbitrator appointed by the other party. The two arbitrators appointed by the Parties shall appoint the third arbitrator within 15 days after the notification of the appointment of the second arbitrator. In the event that (9 U.S.C. §§ 1 et seq.)i) the other Party fails to appoint an arbitrator or (ii) the two arbitrators appointed by the Parties fail to reach an agreement with respect to the appointment of a third arbitrator within the time limits set forth above, it shall be the duty of the ▇▇▇▇▇▇▇▇ Chamber of Commerce A.G. to appoint the second arbitrator and third arbitrator, or only the latter, as the case may be, for which purpose the Parties grant special and irrevocable power of attorney to the ▇▇▇▇▇▇▇▇ Chamber of Commerce A.G., so that, at the written request of any of the Parties, it may 33 SQM - Corfo Project Agreement appoint the mixed arbitrators from among the lawyers who are members of the arbitration body of the CAM. A Together with the appointment of each arbitrator, the Parties shall have the right to veto, without cause, up to a maximum of three of the arbitrators of the aforementioned arbitration body. If, for any reason, the ▇▇▇▇▇▇▇▇ Chamber of Commerce A.G. is unable to fulfill its mandate, the appointment of the second and/or third arbitrator, as the case may be, shall be made by any of the judges on duty in civil matters of the commune of Santiago, and the appointment shall be made by a person who has served as an attorney member of the Supreme Court for at least three years, or by a person who, at the time of the appointment, has been a member of the Supreme Court for at least three years, or in a person who at the time of the commitment is a professor of civil law or commercial law of the law schools of the Universidad de Chile or Pontificia Universidad Católica de Chile, based in Santiago, for at least five years. The arbitration proceedings shall be conducted in the city of Santiago and in a confidential manner, and the appointed arbitrators and the Parties shall be prohibited from communicating to third parties the terms of the arbitration and the background information presented therein or brought to the attention of the Arbitral Tribunal by the opposing party, except insofar as such communication is necessary on the occasion of the appeals or legal proceedings requested or carried out by the Parties or constituting a legal requirement. There will be no recourse against a final judgment of the Arbitral Tribunal, except in the case of a court complaint, a cassation appeal on the grounds of competent jurisdiction shall be entered upon the award made pursuant to the arbitration.
(b) You agree that any actual ultrapetita or threatened breach by you of the covenants and agreements set forth in Sections 1, 2incompetence, and 3 an appeal for clarification, rectification or amendment. An appeal for reconsideration may be lodged against other rulings. The existence of this Agreement would result in irreparable harm to a dispute or controversy regarding the Company for which monetary damages alone would be an insufficient remedy. Thus, without limiting Section 7 (a) herein, either party may pursue temporary and/or preliminary injunctive relief in a court of competent jurisdiction for specific performance or non-performance of the restrictions or provisions Agreement shall not authorize the Parties to unilaterally suspend the performance of their reciprocal obligations, subject to the Arbitral Tribunal’s decision. In the event of the expiration of the time for the Arbitral Tribunal to exercise its jurisdiction, unless otherwise agreed by the Parties, a new Arbitral Tribunal shall be appointed in Sections 1the same manner as the first Arbitral Tribunal was appointed, 2, and 3 of this Agreement, tortious interference with prospective employment and/or the protection of confidential information and/or trade secrets, prevention of unfair competition, or enforcement of post-employment contractual restrictions or rights related to same; provided, however, that all issues of final relief which shall continue the proceedings in the state in which they were at the expiration of the time limit of the first Arbitral Tribunal, all the proceedings before the first Arbitral Tribunal being valid and effective. In this case, the new Arbitral Tribunal to be decided through arbitration, and the pursuit appointed shall be composed of persons other than those who were members of the temporary and/or preliminary injunctive relief described herein shall not constitute a waiver of tribunal which failed to perform its duties within the parties’ agreement to arbitrate by any party. Both you and the Company expressly waive the right to trial by jurytime limit.
Appears in 1 contract
Sources: Agreement for the Salar De Atacama Project (Chemical & Mining Co of Chile Inc)
Dispute Resolution and Arbitration. (a) Except as provided The Parties shall negotiate in subparagraph (b) belowgood faith and use reasonable efforts to settle any dispute, any and all justiciable controversies, claims controversy or disputes that you may have against the Company and/or the Company may have against you claim arising out of, relating to, or resulting from your employment with the Company, or the separation of your employment with the Company, including claims arising out of or related to this Agreement, shall be subject to mandatory arbitration (“Mandatory Arbitration”) as set forth hereinAgreement or the breach thereof. The mutual obligations by In the Company and you to arbitrate differences provide mutual consideration for this Mandatory Arbitration provision. Prior to commencing arbitration, if event that any such matter cannot be settled through negotiation, then the parties agree first to try in dispute after such good faith to settle the dispute by mediation through a mediator selected by the mutual agreement of both parties. If any such matters negotiation cannot be resolved by mediation within 30 days their respective staff, said dispute shall be referred promptly to the President of Sinopharm, and the Chief Executive Officer of the Company or you requesting mediation parent company of AEZS, who shall make a good faith effort to resolve the matter within ninety (or 90) days from the date of any such longer period as referral. If the matter has not been fully resolved utilizing the process set forth above, and a Party wishes to which you and pursue the Company agree in writing)matter, they each such dispute shall be finally resolved through binding arbitration in Hong Kong administered by final the Hong Kong International Arbitration Centre under the Hong Kong International Arbitration Centre Administered Arbitration rules in force when the Notice of Arbitration is submitted. The tribunal shall consist of three (3) arbitrators, with each Party appointing one arbitrator and binding the third arbitrator to be selected by mutual agreement of the two arbitrators appointed by the Parties and, if no agreement is reached within thirty (30) days, the third arbitrator shall be appointed by the Arbitrator Appointment Committee of the Hong Kong International Arbitration Centre. The language of the arbitration shall be English. The arbitrators shall have no authority to award punitive or any other type of damages not measured by a Party's compensatory damages. Each Party shall bear its own costs and expenses and attorneys' fees and an equal share of the arbitrators' fees and any administrative fees of arbitration. The parties shall select Except to the extent necessary to confirm an award or as may be required by law, neither a neutral arbitrator and/or arbitration sponsoring organization by mutual agreement. If the parties are not able to mutually agree to Party nor an arbitrator and/or may disclose the existence, content, or results of an arbitration sponsoring organizationwithout the prior written consent of both Parties. In no event shall an arbitration be initiated after the date when commencement of a legal or equitable proceeding based on the dispute, controversy or claim would be barred by the arbitration will be held Hong Kong Limitations Ordinance (Cap. 397). The Parties agree that, in the event of a dispute over the nature or quality of performance under the auspices of the American Arbitration Association (“AAA”), and except as otherwise provided in this Agreement, shall be in accordance with the then current Employment Arbitration Rules neither Party may terminate this Agreement until final resolution of the AAA, which may be found at ▇▇▇.▇▇▇.▇▇▇ dispute through arbitration or by using an internet search engine to locate “AAA Employment Arbitration Rules”)other judicial determination. The arbitrator, and not any federal, state Nothing in this Section 9.8 will preclude either Party from seeking interim or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Mandatory Arbitration provision. Subject to remedies to which a party to the arbitration may be entitled under applicable law, each party shall pay the fees of its own attorneys, the expenses of its witnesses and all other expenses connected with presenting its case. Other costs of the arbitration, including the cost of any record or transcripts of the arbitration, administrative fees, the fee of the arbitrator, and all other fees and costs, shall be borne by the Company. All arbitral awards shall be final and binding, and the arbitration will be conducted in the City of New York, New York, in accordance with the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.). A judgment of provisional relief from a court of competent jurisdiction shall be entered upon jurisdiction, including a temporary restraining order, preliminary injunction or other interim equitable relief, concerning a dispute either prior to or during any arbitration if necessary to protect the award made pursuant interests of such Party or to preserve the arbitrationstatus quo pending the arbitration proceeding.
(b) You agree that any actual or threatened breach by you of the covenants and agreements set forth in Sections 1, 2, and 3 of this Agreement would result in irreparable harm to the Company for which monetary damages alone would be an insufficient remedy. Thus, without limiting Section 7 (a) herein, either party may pursue temporary and/or preliminary injunctive relief in a court of competent jurisdiction for specific performance of the restrictions or provisions in Sections 1, 2, and 3 of this Agreement, tortious interference with prospective employment and/or the protection of confidential information and/or trade secrets, prevention of unfair competition, or enforcement of post-employment contractual restrictions or rights related to same; provided, however, that all issues of final relief shall continue to be decided through arbitration, and the pursuit of the temporary and/or preliminary injunctive relief described herein shall not constitute a waiver of the parties’ agreement to arbitrate by any party. Both you and the Company expressly waive the right to trial by jury.
Appears in 1 contract
Sources: Technology Transfer and Technical Assistance Agreement (Aeterna Zentaris Inc.)
Dispute Resolution and Arbitration. (a) Except as provided in subparagraph (b) below, any and all justiciable controversies, claims or disputes that you may have against 9.1. Dispute Resolution through Amicable Settlement: In the Company and/or event of a dispute between the Company may have against you arising out of, relating to, or resulting from your employment with the Company, or the separation of your employment with the Company, including claims Parties arising out of or related in connection with this Lease Deed, the Parties shall mutually discuss and endeavor to amicably resolve such dispute within 30 days.
9.2. If the Parties are unable to resolve any dispute, controversy or claim relating to or arising under this AgreementLease Deed, as stated above, the same shall be subject referred to mandatory APDCLfor resolution of the dispute.APDCL upon hearing the Parties shall provide its decision within 30 (thirty) days from the date the dispute was referred to APDCL. In the event any Party is aggrieved by the decision of APDCL, such aggrieved party shall have the right to refer the matter to arbitration.
9.3. Disputes referred to arbitration shall be conducted by a panel consisting of three (3) arbitrators (“Mandatory ArbitrationArbitration Tribunal”) as set forth herein). The mutual obligations arbitration proceedings shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 as amended by the Company Arbitration and you to arbitrate differences provide mutual consideration for this Mandatory Arbitration provisionConciliation (Amendment) Act, 2015. Prior to commencing arbitration, if any such matter cannot be settled through negotiation, then the parties agree first to try in good faith to settle the dispute by mediation through a mediator selected by the mutual agreement of both parties. If any such matters cannot be resolved by mediation Each party shall appoint one arbitrator within 30 days of the Company or you requesting mediation (or such longer period as to which you and the Company agree in writing), they shall be finally resolved receipt of request for settlement of dispute by final and binding arbitration. The parties two appointed arbitrators shall select within 30 days of their appointment, jointly identity and appoint a neutral third arbitrator and/or arbitration sponsoring organization by mutual agreementwho shall act as a presiding arbitrator. If the parties are not able In case a party fails to mutually agree to appoint an arbitrator and/or arbitration sponsoring organizationwithin the time lines provided or the presiding arbitrator is not appointed within the time lines provided for his/ her appointment, the arbitration will be held under the auspices appointment of the American Arbitration Association (“AAA”), and except as otherwise provided in this Agreement, arbitrators shall be made in accordance with the then current Employment Arbitration Rules provisions of the AAAArbitration and Conciliation Act, 1996 as amended by the Arbitration and Conciliation (Amendment) Act, 2015.
9.4. During the pendency of any Dispute, both Parties shall, save as otherwise provided herein, continue to perform their respective obligations under this Lease Deed and shall not, whether by act or omission, impede or otherwise interfere with the endeavor of the defaulting Party to remedy the Non-Compliance or default to which may be found at ▇▇▇such Dispute relates.▇▇▇.▇▇▇ or by using an internet search engine to locate “AAA Employment Arbitration Rules”)
9.5. The arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Mandatory Arbitration provision. Subject to remedies to which a party to the arbitration may be entitled under applicable law, each party shall pay the fees of its own attorneys, the expenses of its witnesses and all other expenses connected with presenting its case. Other costs award of the arbitration, including the cost of any record or transcripts of the arbitration, administrative fees, the fee of the arbitrator, and all other fees and costs, shall be borne by the Company. All arbitral awards Arbitral Tribunal shall be final and binding, and binding on the arbitration will be conducted in the City of New York, New York, in accordance with the Federal Arbitration Act (9 U.S.C. §§ 1 et seqParties.). A judgment of a court of competent jurisdiction shall be entered upon the award made pursuant to the arbitration.
(b) You agree that any actual or threatened breach by you of the covenants and agreements set forth in Sections 1, 2, and 3 of this Agreement would result in irreparable harm to the Company for which monetary damages alone would be an insufficient remedy. Thus, without limiting Section 7 (a) herein, either party may pursue temporary and/or preliminary injunctive relief in a court of competent jurisdiction for specific performance of the restrictions or provisions in Sections 1, 2, and 3 of this Agreement, tortious interference with prospective employment and/or the protection of confidential information and/or trade secrets, prevention of unfair competition, or enforcement of post-employment contractual restrictions or rights related to same; provided, however, that all issues of final relief shall continue to be decided through arbitration, and the pursuit of the temporary and/or preliminary injunctive relief described herein shall not constitute a waiver of the parties’ agreement to arbitrate by any party. Both you and the Company expressly waive the right to trial by jury.
Appears in 1 contract
Sources: Lease Deed
Dispute Resolution and Arbitration. (a) Except as provided in subparagraph (b) below, any and all justiciable controversies, claims or All disputes that you may have against the Company and/or the Company may have against you arising out of, relating to, or resulting from your employment with the Company, or the separation of your employment with the Company, including claims arising out of or related this Agreement and referred to this Agreement, shall be subject to mandatory arbitration (“Mandatory Arbitration”) as set forth herein. The mutual obligations by the Company and you to arbitrate differences provide mutual consideration for this Mandatory Arbitration provision. Prior to commencing arbitration, if any such matter cannot be settled through negotiation, then the parties agree first to try in good faith to settle the dispute by mediation through a mediator selected by the mutual agreement of both parties. If any such matters cannot be resolved by mediation within 30 days of the Company or you requesting mediation (or such longer period as to which you and the Company agree in writing), they shall be finally resolved by final and binding arbitration. The parties shall select a neutral arbitrator and/or arbitration sponsoring organization by mutual agreement. If conducted in the parties are not able to mutually agree to an arbitrator and/or arbitration sponsoring organizationEnglish language in London, the arbitration will be held under the auspices of the American Arbitration Association (“AAA”), and except as otherwise provided in this Agreement, shall be England in accordance with the then current Employment Arbitration arbitration Rules of the AAA, which may be found at ▇▇▇.▇▇▇.▇▇▇ or by using an internet search engine to locate “AAA Employment Arbitration Rules”United Nations Commission on International Trade Law ("UNCITRAL"). Each Party shall appoint an arbitrator and the two arbitrators so appointed shall jointly appoint a third arbitrator; provided, however that if they cannot agree (or if any one Party refuses to appoint an arbitrator), than this third arbitrator shall be appointed by the UNCITRAL. If a Party fails to appoint an arbitrator within thirty (30) days after a dispute is referred to arbitration, the UNCITRAL shall appoint an arbitrator for such Party. The arbitrator, and not any federal, state or local court or agency, UNCITRAL shall have be the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation administrator of this Mandatory Arbitration provision. Subject to remedies to which a party to the arbitration may be entitled under applicable law, each party shall pay the fees of its own attorneys, the expenses of its witnesses and all other expenses connected with presenting its case. Other costs of the arbitration, including the cost of any record or transcripts of the arbitration, administrative fees, the fee of the arbitrator, and all other fees and costs, shall be borne by the Company. All arbitral awards shall be final and binding, and the arbitration will be conducted in the City of New York, New York, in accordance with the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.). A judgment of a court of competent jurisdiction shall be entered upon the award made pursuant to the arbitrationproceedings.
(b) You agree The arbitrators shall rule on each disputed issue within [___________] after the third arbitrator has accepted the appointment to serve as an arbitrator; provided, however that any actual or threatened breach by you if the arbitrators are unable to render a decision within such [___________], they shall render such decision as soon thereafter as is practicable. The arbitrators shall issue a written decision in order to explain the basis of the covenants ruling. The arbitrators shall not have the authority to award consequential or punitive damages.
(c) The arbitrators shall be paid reasonable fees plus expenses. These fees and agreements set forth in Sections 1expenses, 2along with the reasonable legal fees and expenses of the prevailing Party (including all expert witness fees and expenses), the fees and expenses of a court reported, and 3 any expenses for a hearing room, shall be paid as follows:
(i) If the arbitrators rule in favor of one Party on all disputed issues in the arbitration, the losing Party shall pay 100% of such fees and expenses.
(ii) If the arbitrators rule in favor of one Party on some issues and the other Party on other issues the arbitrators shall issue with the ruling a written determination as to how such fees and expenses shall be allocated between Portions of this Agreement would result in irreparable harm Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company for which monetary damages alone would be an insufficient remedyCompany's application requesting confidential Investment under Rule 406 of the Securities Act. Thus, without limiting Section 7 (a) herein, either party may pursue temporary and/or preliminary injunctive relief BAYER and CURAGEN Pharmacogenomics Project Agreement the Parties. The arbitrators shall allocate fees and expenses in a way that bears a reasonable relationship to the outcome of the arbitration, with the Party prevailing on more issues, or on issues of greater value or gravity, recovering a relatively larger share of its legal fees and expenses.
(d) Any decision or award of the arbitrators shall be final, conclusive, and binding on the Parties to the dispute, and judgment may be entered on any award in any court of competent jurisdiction for specific performance jurisdiction. To the extent lawful, the Parties include any right of application or appeal to the restrictions English or provisions other courts in Sections 1connection with any question of law arising in the arbitration or in connection with any award or decision made by the arbitrators, 2, and 3 of this Agreement, tortious interference with prospective employment and/or the protection of confidential information and/or trade secrets, prevention of unfair competition, except as is necessary to recognize or enforcement of post-employment contractual restrictions enforce such award or rights related to same; provided, however, that all issues of final relief shall continue to be decided through arbitration, and the pursuit of the temporary and/or preliminary injunctive relief described herein shall not constitute a waiver of the parties’ agreement to arbitrate by any party. Both you and the Company expressly waive the right to trial by jurydecision.
Appears in 1 contract
Dispute Resolution and Arbitration. (a) Except as provided If one or more disputes arise between the parties with respect to the obligations and responsibilities of either party under this Agreement, any such dispute shall be resolved in subparagraph accordance with the process described in this Section 4.3, provided, however, that if either party determines that provisional relief (e.g. a temporary restraining order or preliminary injunction) is required to provide temporary relief, nothing herein shall prevent the aggrieved party from applying to a court for provisional relief. An application for provisional relief to a court shall not relieve either party of its obligation under this section 3.4, and shall not alter the power of the arbitrator to determine the rights and obligations of the parties under this Agreement.
(b) belowThe parties shall attempt to select a mutually acceptable arbitrator. If, any and all justiciable controversieshowever, claims or disputes that you may have against the Company and/or the Company may have against you arising out of, relating to, or resulting from your employment with the Company, or the separation of your employment with the Company, including claims arising out of or related to this Agreement, shall be subject to mandatory arbitration (“Mandatory Arbitration”) as set forth herein. The mutual obligations by the Company and you to arbitrate differences provide mutual consideration for this Mandatory Arbitration provision. Prior to commencing arbitration, if any such matter cannot be settled through negotiation, then the parties agree first to try in good faith to settle the dispute by mediation through a mediator selected by the mutual agreement of both parties. If any such matters cannot be resolved by mediation within after 30 days of the Company or you requesting mediation (or such longer period as to which you declaring of a dispute and the Company suggestion of a candidate for arbitrator, the parties are unable to agree in writing)upon an arbitrator who is willing to accept the appointment, they the arbitrator shall be finally resolved selected by final the President of the Israeli Bar Association, whose selection shall be binding upon the parties.
(c) The arbitrator's fee and binding all other incidental costs incurred during the arbitration process will be shared equally between the parties.
(d) The arbitrator shall be neutral and impartial, and shall use the laws of the State of Israel to resolve the dispute between the parties.
(e) The arbitrator shall control the procedural aspects of the arbitration. The parties shall select a neutral cooperate fully with the arbitrator and/or at all times.
(f) The arbitrator shall, in consultation with the parties, fix the agenda for all meetings.
(g) Each party may be represented by counsel, who shall be authorized to recommend settlement options to their principals. Each party shall bear their attorney's fees.
(h) The arbitration sponsoring organization by mutual agreementshall be conducted expeditiously and shall be completed in less than 180 days from the date the arbitrator was selected. If Each representative shall make every effort to be available for meetings, and the arbitrator shall ensure that he is able to devote all the time necessary to quickly and effectively render an arbitration judgement.
(i) The entire arbitration shall remain confidential. The parties or the arbitrator shall not disclose information regarding the process, including settlement terms, unless the parties are not able to mutually agree to an otherwise. The arbitrator and/or arbitration sponsoring organization, may obtain assistance and independent expert advice with the arbitration will be held under agreement of and at the auspices expense of the American Arbitration Association parties.
(“AAA”)j) The arbitrator shall not be liable for any good faith act or omission in connection with his role as arbitrator.
(k) The arbitration shall take place in Tel-Aviv, and except as otherwise provided in this Agreement, shall be in accordance with the then current Employment Arbitration Rules of the AAA, which may be found at ▇▇▇Israel.▇▇▇.▇▇▇ or by using an internet search engine to locate “AAA Employment Arbitration Rules”).
(l) The arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Mandatory Arbitration provision. Subject to remedies to which a party to the arbitration may be entitled under applicable law, each party shall pay the fees of its own attorneys, the expenses of its witnesses and all other expenses connected with presenting its case. Other costs of the arbitration, including the cost of any record or transcripts of the arbitration, administrative fees, the fee of the arbitrator, and all other fees and costs, shall be borne by the Company. All arbitral awards 's decision shall be final and binding, and the arbitration will be conducted in the City of New York, New York, in accordance with the Federal Arbitration Act (9 U.S.C. §§ 1 et seqbinding upon both parties.). A judgment of a court of competent jurisdiction shall be entered upon the award made pursuant to the arbitration.
(b) You agree that any actual or threatened breach by you of the covenants and agreements set forth in Sections 1, 2, and 3 of this Agreement would result in irreparable harm to the Company for which monetary damages alone would be an insufficient remedy. Thus, without limiting Section 7 (a) herein, either party may pursue temporary and/or preliminary injunctive relief in a court of competent jurisdiction for specific performance of the restrictions or provisions in Sections 1, 2, and 3 of this Agreement, tortious interference with prospective employment and/or the protection of confidential information and/or trade secrets, prevention of unfair competition, or enforcement of post-employment contractual restrictions or rights related to same; provided, however, that all issues of final relief shall continue to be decided through arbitration, and the pursuit of the temporary and/or preliminary injunctive relief described herein shall not constitute a waiver of the parties’ agreement to arbitrate by any party. Both you and the Company expressly waive the right to trial by jury.
Appears in 1 contract
Sources: Confidentiality Agreement (Ituran Location & Control Ltd.)
Dispute Resolution and Arbitration. (a) Except as provided in subparagraph (b) below, any and all justiciable controversies, claims Any issue or disputes that you may have against dispute between the Company and/or the Company may have against you arising out of, relating to, or resulting from your employment with the Company, or the separation of your employment with the Company, including claims parties arising out of or related to this Agreement, Agreement or its alleged breach that is not resolved between the parties shall be subject referred to mandatory arbitration (“Mandatory Arbitration”) as set forth hereinin accordance with the provisions of this Section. The mutual obligations by the Company and you to arbitrate differences provide mutual consideration for this Mandatory Arbitration provision. Prior to commencing arbitrationAny such unresolved issue, if any such matter cannot be settled through negotiation, then the parties agree first to try in good faith to settle the dispute by mediation through a mediator selected by the mutual agreement of both parties. If any such matters cannot or claim shall be resolved by mediation within 30 days of the Company or you requesting mediation (or such longer period as to which you and the Company agree in writing), they shall be finally resolved exclusively by final and binding arbitration. The parties shall select a neutral arbitrator and/or arbitration sponsoring organization by mutual agreement. If in accordance with the parties are not able to mutually agree to an arbitrator and/or arbitration sponsoring organization, the arbitration will be held under the auspices Commercial Arbitration Rules of the American Arbitration Association Association. Demand for arbitration must be made within one year after the party asserting the claim has given written notice of the claim to the other party. If the claiming party fails to demand arbitration within such one year period, the claim shall be deemed to be waived and shall be barred from either arbitration or litigation. Either party may invoke arbitration of an issue by serving on the other party a written notice of arbitration, which shall specify with reasonable detail (“AAA”)1) the issue in dispute, (2) the claims asserted, and except as otherwise provided in this Agreement, (3) the remedy sought by the party invoking arbitration. Each party shall appoint one arbitrator to arbitrate the subject issue. The arbitrators shall be in accordance with the then current Employment Arbitration Rules appointed within fifteen (15) days of the AAAdate of the foregoing described notice. If one party fails or refuses to appoint an arbitrator, which may then the first arbitrator appointed shall appoint a second arbitrator. Within thirty (30) days of the last of those appointments, the two arbitrators shall appoint a third arbitrator. If the two arbitrators fail to select a third arbitrator, the third arbitrator shall be found at ▇▇▇.▇▇▇.▇▇▇ selected by the American Arbitrator Association. If the dispute involves intellectual property rights, the arbitrators shall be selected from panels selected by the American Arbitration Association containing experts in intellectual property. Each party appointing an arbitrator or by using for whom an internet search engine to locate “AAA Employment Arbitration Rules”). The arbitrator is appointed shall bear all costs and expenses associated with that arbitrator, and not any federalthe cost and expenses associated with the third arbitrator shall be shared equally by the parties. If HEALTHAXIS makes demand for arbitration as provided herein, then the arbitration hearing shall be held in the Atlanta, Georgia area, or at another location designated by DIGITAL, unless such claim relates to improper use or disclosure of the software licensed hereunder by DIGITAL, in which event the arbitration hearing shall be held at a location specified by HEALTHAXIS. If DIGITAL makes demand for arbitration, then the arbitration herein shall be held in the Dallas, Texas area or at another location specified by HEALTHAXIS. Within ten (10) days after the conclusion of the arbitration proceeding, the arbitrators shall render a written decision of the arbitration and state or local court or agencythe reasons for the award and decision. The arbitrators may award costs, shall have the exclusive authority to resolve any dispute relating including attorney's fees, to the interpretationprevailing party. The decision of the arbitrators is binding on the parties, applicabilityand after the completion of the arbitration, enforceability or formation of this Mandatory Arbitration provision. Subject to remedies to which a party to the arbitration may be entitled under applicable law, each party shall pay not institute litigation to reverse the fees of its own attorneys, the expenses of its witnesses and all other expenses connected with presenting its case. Other costs decision of the arbitrationarbitrators. It may, including the cost of however, institute litigation in any record or transcripts of the arbitration, administrative fees, the fee of the arbitrator, and all other fees and costs, shall be borne by the Company. All arbitral awards shall be final and binding, and the arbitration will be conducted in the City of New York, New York, in accordance with the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.). A judgment of a court of competent jurisdiction shall be entered upon to enforce the award made pursuant to claim or issue determined by the arbitrationarbitration proceeding.
(b) You agree that any actual or threatened breach by you of the covenants and agreements set forth in Sections 1, 2, and 3 of this Agreement would result in irreparable harm to the Company for which monetary damages alone would be an insufficient remedy. Thus, without limiting Section 7 (a) herein, either party may pursue temporary and/or preliminary injunctive relief in a court of competent jurisdiction for specific performance of the restrictions or provisions in Sections 1, 2, and 3 of this Agreement, tortious interference with prospective employment and/or the protection of confidential information and/or trade secrets, prevention of unfair competition, or enforcement of post-employment contractual restrictions or rights related to same; provided, however, that all issues of final relief shall continue to be decided through arbitration, and the pursuit of the temporary and/or preliminary injunctive relief described herein shall not constitute a waiver of the parties’ agreement to arbitrate by any party. Both you and the Company expressly waive the right to trial by jury.
Appears in 1 contract
Dispute Resolution and Arbitration. (a) Except as provided in subparagraph (b) below, any and all justiciable controversies, claims or disputes that you may have against the Company and/or the Company may have against you arising out of, relating to, or resulting from your employment with the Company, or the separation of your employment with the Company, including claims arising out of or related to this Agreement, shall be subject to mandatory arbitration (“Mandatory Arbitration”) as set forth herein. The mutual obligations by the Company and you to arbitrate differences provide mutual consideration for this Mandatory Arbitration provision. Prior to commencing arbitration, if any such matter cannot be settled through negotiation, then the parties agree first to try in good faith to settle the dispute by mediation through a mediator selected by the mutual agreement of both parties1. If any such matters cannot be resolved by mediation within 30 days dispute arises between the Parties relating to the interpretation or application of the Company or you requesting mediation (or such longer period as to which you and the Company agree in writing)this agreement, they shall be finally resolved by final and binding arbitration. The parties shall select a neutral arbitrator and/or arbitration sponsoring organization by mutual agreement. If in the parties are not able first place endeavour to mutually agree to an arbitrator and/or arbitration sponsoring organization, settle it through formal consultations within the arbitration will be held under the auspices of the American Arbitration Association (“AAA”), and except as otherwise provided in this Agreement, shall be Joint Committee in accordance with article 29(5) of this agreement. In cases where the then current Employment Arbitration Rules Joint Committee takes decisions under this procedure concerning the interpretation or application of requirements and standards referred to in annex I to this agreement, such decisions shall respect the rulings of the AAACourt of Justice relating to the interpretation of the pertinent requirements and standards, as well as the decisions of the European Commission which are taken under the terms of the corresponding requirements and standards.
2. Either Party may be found at ▇▇▇.▇▇▇.▇▇▇ or by using an internet search engine to locate “AAA Employment Arbitration Rules”). The arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve refer any dispute relating to the interpretation, applicability, enforceability application or formation interpretation of this Mandatory Arbitration provision. Subject agreement which it has not been possible to remedies resolve in accordance with paragraph 1 of this article to which a party to the an arbitration may be entitled under applicable law, each party shall pay the fees panel of its own attorneys, the expenses of its witnesses and all other expenses connected with presenting its case. Other costs of the arbitration, including the cost of any record or transcripts of the arbitration, administrative fees, the fee of the arbitrator, and all other fees and costs, shall be borne by the Company. All arbitral awards shall be final and binding, and the arbitration will be conducted in the City of New York, New York, three arbitrators in accordance with the Federal Arbitration Act following procedure:
(9 U.S.C. §§ 1 et seq.)a) each Party shall appoint an arbitrator within 60 days from the date of reception of the notification for the request for arbitration by the arbitration panel addressed by the other Party through diplomatic channels; the third arbitrator should be appointed by the other two arbitrators within 60 additional days. A judgment If one of a court the Parties has not appointed an arbitrator within the agreed period, or if the third arbitrator is not appointed within the agreed period, each Party may request the President of competent jurisdiction the ICaO Council to appoint an arbitrator or arbitrators, whichever is applicable. If the President of the ICaO Council is of the same nationality as one of the Parties, the most senior vice President of the ICaO Council who is not disqualified on that ground shall be entered upon make the award made pursuant to the arbitration.appointment;
(b) You agree that any actual or threatened breach by you the third arbitrator appointed under the terms of the covenants and agreements set forth in Sections 1, 2, and 3 of this Agreement would result in irreparable harm to the Company for which monetary damages alone would be an insufficient remedy. Thus, without limiting Section 7 point (a) herein, either party may pursue temporary and/or preliminary injunctive relief in shall be a court national of competent jurisdiction for specific performance a third State and shall act as a President of the restrictions arbitration panel;
(c) the arbitration panel shall agree its rules of procedure; and
(d) subject to the final decision of the arbitration panel, the initial expenses of the arbitration shall be shared equally by the Parties.
3. at the request of a Party the arbitration panel may order the other Party to implement interim relief measures pending the panel's final decision.
4. any provisional decision or provisions final decision of the arbitration panel shall be binding upon the Parties. The arbitration panel shall seek to adopt any provisional decision or final decision by consensus. Where consensus is not possible, it shall adopt its decisions by majority voting.
5. If one of the Parties does not act in Sections 1, 2, and 3 conformity with a decision of the arbitration panel taken under the terms of this Agreement, tortious interference with prospective employment and/or article within 30 days from the protection date of confidential information and/or trade secrets, prevention of unfair competition, or enforcement of post-employment contractual restrictions or rights related to same; provided, however, that all issues of final relief shall continue to be decided through arbitration, and the pursuit receipt of the temporary and/or preliminary injunctive relief described herein shall not constitute a waiver notification of the parties’ aforementioned decision, the other Party may, for as long as this failure endures, limit, suspend or revoke the rights or privileges which it had granted under the terms of this agreement to arbitrate by any party. Both you and from the Company expressly waive the right to trial by juryParty at fault.
Appears in 1 contract
Sources: Common Aviation Area Agreement
Dispute Resolution and Arbitration. (a) Except as provided in subparagraph (b) below, any and all justiciable controversies, claims All difficulties or disputes that you may have against the Company and/or the Company may have against you arising out of, relating to, or resulting from your employment with the Company, or the separation of your employment with the Company, including claims arising out of or related to this Agreement, including, without limitation, those relating to its performance or breach, application, interpretation, validity or invalidity, enforceability, nullity or resolution, determination of damages in connection with its breach and questions relating to the tribunal’s own jurisdiction and venue, shall be subject to mandatory arbitration (“Mandatory Arbitration”) as set forth herein. The mutual obligations by the Company and you to arbitrate differences provide mutual consideration for this Mandatory Arbitration provision. Prior to commencing arbitration, if any such matter cannot be settled through negotiation, then the parties agree first to try in good faith to settle the dispute by mediation through a mediator selected by the mutual agreement of both parties. If any such matters cannot be resolved by mediation within 30 days an arbitral tribunal composed of the Company or you requesting mediation (or such longer period three mixed arbitrators, that is, arbitrators as to which you procedure and arbitrators ruling in judgment (the Company agree in writing), they shall be finally resolved by final and binding arbitration. The parties shall select a neutral arbitrator and/or arbitration sponsoring organization by mutual agreement. If the parties are not able to mutually agree to an arbitrator and/or arbitration sponsoring organization, the arbitration will be held under the auspices of the American Arbitration Association (“AAAArbitral Tribunal”), and except as otherwise provided in this Agreement, shall be in accordance with the then current Employment Arbitration Rules of the AAA, which may be found at ▇▇▇.▇▇▇.▇▇▇ or by using an internet search engine to locate “AAA Employment Arbitration Rules”). The arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Mandatory Arbitration provision. Subject to remedies to which a party to the arbitration may be entitled under applicable law, each party shall pay the fees of its own attorneys, the expenses of its witnesses and all other expenses connected with presenting its case. Other costs of the arbitration, including the cost of any record or transcripts of the arbitration, administrative fees, the fee of the arbitrator, and all other fees and costs, shall be borne by the Company. All arbitral awards shall be final and binding, and the arbitration will be conducted in the City of New York, New York, in accordance with the Federal Arbitration Act Procedural Rules of the Arbitration and Mediation Center of the ▇▇▇▇▇▇▇▇ Chamber of Commerce A.G. in effect on the date the arbitration proceeding commences. If, together with an arbitration under this Agreement, a dispute arises in relation to the Project Agreement, both disputes shall be heard by the same arbitral tribunal, and both proceedings shall be joined to end with a single judgment. The Party requesting arbitration shall appoint the first arbitrator together with its request for arbitration to the Arbitration and Mediation Center of the ▇▇▇▇▇▇▇▇ Chamber of Commerce A.G. and shall communicate to the other party the name of the arbitrator appointed and the request made to the CAM. The other Party shall appoint the second arbitrator within 15 days of being notified of the request for arbitration and the name of the arbitrator appointed by the other party. The two arbitrators appointed by the Parties shall appoint the third arbitrator within 15 days after the notification of the appointment of the second arbitrator. In the event that (9 U.S.C. §§ 1 et seq.)i) the other Party fails to appoint an arbitrator or (ii) the two arbitrators appointed by the Parties fail to reach an agreement with respect to the appointment of a third arbitrator within the time limits set forth above, it shall be the duty of the ▇▇▇▇▇▇▇▇ Chamber of Commerce A.G. to appoint the second arbitrator and third arbitrator, or only the latter, as the case may be, for which purpose the Parties grant special and irrevocable power of attorney to the ▇▇▇▇▇▇▇▇ Chamber of Commerce A.G. so that, at the written request of any of the Parties, it may appoint the mixed arbitrators from 27 SQM - Corfo Lease Agreement among the lawyers who are members of the arbitration body of the CAM. A Together with the appointment of each arbitrator, the Parties shall have the right to veto, without cause, up to a maximum of three of the arbitrators of the aforementioned arbitration body. If, for any reason, the ▇▇▇▇▇▇▇▇ Chamber of Commerce A.G. is unable to fulfill its mandate, the appointment of the second and/or third arbitrator, as the case may be, shall be made by any of the judges on duty in civil matters of the commune of Santiago, and the appointment shall be made by a person who has served as an attorney member of the Supreme Court for at least three years, or by a person who, at the time of the appointment, has been a member of the Supreme Court for at least three years, or in a person who at the time of the commitment is a professor of civil law or commercial law at the law schools of the Universidad de Chile or Pontificia Universidad Católica de Chile, based in Santiago, for at least five years. The arbitration proceedings shall be conducted in the city of Santiago and in a confidential manner, and the appointed arbitrators and the Parties shall be prohibited from communicating to third parties the terms of the arbitration and the background information presented therein or brought to the attention of the Arbitral Tribunal by the opposing party, except to the extent that such communication is necessary for the purposes of the legal proceedings requested or carried out by the Parties or constituting a legal requirement. There will be no recourse against a final judgment of the Arbitral Tribunal, except in the case of a court complaint, a cassation appeal on the grounds of competent jurisdiction shall be entered upon the award made pursuant to the arbitration.
(b) You agree that any actual ultrapetita or threatened breach by you of the covenants and agreements set forth in Sections 1, 2incompetence, and 3 an appeal for clarification, rectification or amendment. In the case of this Agreement would result in irreparable harm to other decisions, an appeal for reconsideration may proceed. The existence of a dispute or controversy regarding the Company for which monetary damages alone would be an insufficient remedy. Thus, without limiting Section 7 (a) herein, either party may pursue temporary and/or preliminary injunctive relief in a court of competent jurisdiction for specific performance or non-performance of the restrictions or provisions Agreement shall not authorize the Parties to unilaterally suspend the performance of their reciprocal obligations, subject to the Arbitral Tribunal’s decision. In the event of the expiration of the time for the Arbitral Tribunal to exercise its jurisdiction, unless otherwise agreed by the Parties, a new Arbitral Tribunal shall be appointed in Sections 1the same manner as the first Arbitral Tribunal was appointed, 2, and 3 of this Agreement, tortious interference with prospective employment and/or the protection of confidential information and/or trade secrets, prevention of unfair competition, or enforcement of post-employment contractual restrictions or rights related to same; provided, however, that all issues of final relief which shall continue the proceedings in the state in which they were at the expiration of the time limit of the first Arbitral Tribunal, all the proceedings before the first Arbitral Tribunal being valid and effective. In this case, the new Arbitral Tribunal to be decided through arbitration, and the pursuit appointed shall be composed of persons other than those who were members of the temporary and/or preliminary injunctive relief described herein shall not constitute a waiver of tribunal which failed to perform its duties within the parties’ agreement to arbitrate by any party. Both you and the Company expressly waive the right to trial by juryterm.
Appears in 1 contract
Sources: Lease Agreement (Chemical & Mining Co of Chile Inc)
Dispute Resolution and Arbitration. (a) Except as provided in subparagraph (b) below, any and all justiciable controversies, claims or disputes that you 1. Either Contracting Party may have against refer to the Company and/or the Company may have against you arising out of, relating to, or resulting from your employment with the Company, or the separation of your employment with the Company, including claims arising out of or related to this Agreement, shall be subject to mandatory arbitration (“Mandatory Arbitration”) as set forth herein. The mutual obligations by the Company and you to arbitrate differences provide mutual consideration for this Mandatory Arbitration provision. Prior to commencing arbitration, if any such matter cannot be settled through negotiation, then the parties agree first to try in good faith to settle the dispute by mediation through a mediator selected by the mutual agreement of both parties. If any such matters cannot be resolved by mediation within 30 days of the Company or you requesting mediation (or such longer period as to which you and the Company agree in writing), they shall be finally resolved by final and binding arbitration. The parties shall select a neutral arbitrator and/or arbitration sponsoring organization by mutual agreement. If the parties are not able to mutually agree to an arbitrator and/or arbitration sponsoring organization, the arbitration will be held under the auspices of the American Arbitration Association (“AAA”), and except as otherwise provided in this Agreement, shall be in accordance with the then current Employment Arbitration Rules of the AAA, which may be found at ▇▇▇.▇▇▇.▇▇▇ or by using an internet search engine to locate “AAA Employment Arbitration Rules”). The arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve Joint Committee any dispute relating to the interpretation, applicability, enforceability application or formation interpretation of this Mandatory Arbitration provisionAgreement, having not been resolved in accordance with Article 22. Subject to remedies to which a party to For the arbitration may be entitled under applicable law, each party shall pay the fees purposes of its own attorneysthis Article, the expenses Association Coun- cil established under the Association Agreement shall act as Joint Committee.
2. The Joint Committee may settle the dispute by means of its witnesses and all other expenses connected a decision.
3. The Contracting Parties shall take the necessary measures to implement the decision referred to in paragraph 2.
4. Should the Contracting Parties be unable to settle the dis- pute in accordance with presenting its case. Other costs of the arbitration, including the cost of any record or transcripts of the arbitration, administrative feesparagraph 2, the fee dispute shall, at the request of the arbitratoreither Contracting Party, and all other fees and costs, shall be borne by the Company. All arbitral awards shall be final and binding, and the arbitration will be conducted in the City submitted to an arbitra- tion panel of New York, New York, three arbitrators in accordance with the Federal Arbitration Act procedure laid down hereafter:
(9 U.S.C. §§ 1 et seq.)a) each Contracting Party shall appoint an arbitrator within sixty (60) days from the date of reception of the notification for the request for arbitration by the arbitration court addressed by the other Contracting Party through diplomatic channels; the third arbitrator should be appointed by the other two arbitrators within sixty (60) additional days. A judgment If one of a court the Contracting Parties has not appointed an arbitrator within the agreed period, or if the third arbitrator is not appointed within the agreed period, each Contracting Party may request the President of competent jurisdiction shall be entered upon the award made pursuant Council of the ICAO to the arbitration.appoint an arbitrator or arbitrators, whichever is applicable;
(b) You agree that any actual or threatened breach by you the third arbitrator appointed under the terms of para- graph a) above should be a national of a third State and shall act as a President of the covenants and agreements set forth arbitration court;
(c) the arbitration court shall agree its rules of procedure; and
(d) subject to the final decision of the arbitration court, the ini- tial expenses of the arbitration shall be shared equally by the Contracting Parties.
5. Any provisional decision or final decision of the arbitra- tion court shall be binding upon the Contracting Parties.
6. If one of the Contracting Parties does not act in Sections 1confor- mity with a decision of the arbitration court taken under the terms of this Article within thirty (30) days from the notification of the aforementioned decision, 2the other Contracting Party may, and 3 for as long as this failure endures, limit, suspend or revoke the rights or privileges which it had granted under the terms of this Agreement would result in irreparable harm to from the Company for which monetary damages alone would be an insufficient remedy. Thus, without limiting Section 7 (a) herein, either party may pursue temporary and/or preliminary injunctive relief in a court of competent jurisdiction for specific performance of the restrictions or provisions in Sections 1, 2, and 3 of this Agreement, tortious interference with prospective employment and/or the protection of confidential information and/or trade secrets, prevention of unfair competition, or enforcement of post-employment contractual restrictions or rights related to same; provided, however, that all issues of final relief shall continue to be decided through arbitration, and the pursuit of the temporary and/or preliminary injunctive relief described herein shall not constitute a waiver of the parties’ agreement to arbitrate by any party. Both you and the Company expressly waive the right to trial by juryParty at fault.
Appears in 1 contract