DISPUTE RESOLUTION - ARBITRATION CLAUSE Sample Clauses

DISPUTE RESOLUTION - ARBITRATION CLAUSE. Any dispute, controversy, interpretation or claim including but not limited to claims for breach of contract, any form of negligence, fraud, or misrepresentation arising out of, from or related to, this contract or arising out of, from or related to the Inspection or Inspection Report shall be submitted first to non-binding mediation. Mediation fees shall be equally divided between the participants. If a voluntary settlement is not reached, the parties will participate in final and binding arbitration as conducted by American Arbitration Association or JAMS Arbitration and Mediation Services utilizing their respective Rules and Procedures. Subject to the limitations of Section F, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs incurred in the arbitration, in addition to any other relief to which such party may be entitled. If the dispute is submitted to binding arbitration, the decision of the Arbitrator shall be final, binding, and non-appealable and the enforcement of the arbitration award may be entered in any Court or administrative tribunal having jurisdiction thereof. This Agreement is to be governed by and construed in accordance with the laws of the State of Nevada. Arbitration shall be held in Reno, Nevada. NOTICE: YOU AND WE WOULD HAVE A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND HAVE A JUDGE OR JURY DECIDE THE DISPUTES BUT HAVE AGREED INSTEAD TO RESOLVE DISPUTES THROUGH MEDIATION AND BINDING ARBITRATION.
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DISPUTE RESOLUTION - ARBITRATION CLAUSE. Any dispute between the parties arising from or in connection with the contract shall be finally resolved by way of a dispute resolution procedure administered by the Arbitration Foundation of Southern Africa (AFSA) in accordance with its Expedited Rules and the directions of its Secretariat, which shall be binding on the parties. (AFSA can be contacted at xxx.xxxxxxxxxxx.xx.xx, Telephone No. 000 000 0000 and Fax No. 000 000 0000; email: xxxxxx@xxxxxxxxxxx.xx.xx.) • The parties may agree, or the AFSA Secretariat may direct, that the dispute first be submitted to mediation in accordance with the AFSA Mediation Rules. In which case, if the dispute is not resolved within 20 business days thereafter, it shall proceed to arbitration, unless both parties agree to extend the mediation period and the AFSA Secretariat approves such extension. Where there is no agreement to mediate, and/or the AFSA Secretariat does not so direct, then the dispute shall be submitted directly to arbitration. • Where both parties are in agreement therewith, they may employ legal representatives to appear for them at any arbitration hearing. Where there is no such agreement, then legal representatives shall not be present at the hearing, unless the arbitrator otherwise directs in the special circumstances of the case. • Unless the parties otherwise expressly agree in writing, any dispute shall be resolved in accordance with the law of the Republic of South Africa and the seat of the arbitration will be in South Africa. • Any matter pertaining to the mediation, if applicable, or to the arbitration of any dispute herein, if not provided for by this contract or by the AFSA Rules, shall be referred to the AFSA Secretariat, which shall issue appropriate directions which are binding on the parties. • Unless the parties otherwise agreed in writing and communicated to the AFSA Secretariat prior to the pre-arbitration meeting, there shall be no right of appeal applicable to the award given by the sole arbitrator/tribunal.
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DISPUTE RESOLUTION - ARBITRATION CLAUSE. Any and all claims by the Administrator that there has been a violation. misinterpretat10n, or misapplication of any pro\ision of this agreement will be adjudicated exclu ively through the grievance procedure as noted herein:
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DISPUTE RESOLUTION - ARBITRATION CLAUSE. Any and all disputes, controversies and claims arising out of or relating to this Agreement or concerning the respective rights or obligations of the parties hereto shall be settled and determined by arbitration in Nassau County, New York before a panel of three (3) arbitrators pursuant to the Commercial Rules then obtaining of the American Arbitration Association. The parties agree that the arbitrators, in their discretion, may award specific performance or injunctive relief (but not consequential or punitive damages) and reasonable attorney’s fees and expenses to any party in any arbitration brought hereunder. However, in any arbitration proceeding brought hereunder, the arbitrators shall have the power to change, modify or alter any express condition, term or provision hereof and to that extent the scope of their authority is limited. The arbitration award shall be final and binding upon the parties and judgment thereon may be entered in any court having competent jurisdiction.
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DISPUTE RESOLUTION - ARBITRATION CLAUSE. In the event of any dispute regarding this Agreement or the contents of the Inspection Report, it is agreed that the parties shall attempt, in good faith, to settle such disputes between themselves. Should such attempts be unsuccessful, the parties agree that the dispute shall then be submitted to mediation with the American Arbitration Association. In the event the parties are unable to resolve their dispute in mediation, they agree to submit the matter to binding arbitration in accordance with the American Arbitration Association, Construction Industry Arbitration Rules. Mediator and/or Arbitrator fees shall be paid equally by the parties. The prevailing party in mediation and/or arbitration shall be entitled to an award of its costs and attorney's fees. CLIENT: HOME INSPECTOR: PEAK HOME INSPECTIONS OF NORTHERN ARIZONA, LLC Date: By Xxxxxxx Xxxx, Member-Manager
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DISPUTE RESOLUTION - ARBITRATION CLAUSE. 13.1 If any dispute, difference or question arises between the Parties relating to the rights, duties or obligations of either of them, including (without prejudice to the generality hereof) any dispute, difference or question whether the owners have, in fact, properly and satisfactorily carried out their obligations under this agreement, the same shall be referred to a mediator to be agreed upon by the Parties or, failing such agreement, appointed by the Secretary General of the Royal Yachting Association.
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Related to DISPUTE RESOLUTION - ARBITRATION CLAUSE

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

  • Dispute Resolution and Arbitration The following procedures shall be used in the resolution of disputes:

  • Arbitration Dispute Resolution Company and Executive express expressly agree that, except for disputes arising out of alleged violations related to proprietary inventions and confidential information, all disputes arising out of this Agreement shall be resolved by arbitration in accordance with the following provisions. Either party must demand in writing such arbitration within one hundred and twenty (120) days after the controversy arises by sending a notice to arbitrate to both the other party and to the American Arbitration Association (“AAA”). The controversy shall then be arbitrated, pursuant to the rules promulgated by the AAA (the “Rules”), in the state of California. The parties will select by mutual agreement the arbitrator or arbitrators to herein resolve the controversy; provided, however, that, the parties cannot mutually agree as to the arbitrator, then the arbitrator shall be selected by the AAA in accordance with the Rules. The arbitrator’s decision shall be final and binding on the parties and shall bar any suit, action or proceeding instituted in any federal, state or local courts for administrative tribunal. Notwithstanding the preceding sentence, the arbitrator’s judgment may be entered in any court of competent jurisdiction. Disputes arising under the sections for compensation and termination upon compensation may be litigated and injunctive relief sought in any court having jurisdiction over the subject matter of such dispute.

  • Mediation/Arbitration Employee agrees that prior to filing any motion or claim against the Company or any of its employees, Employee will offer to engage in informal mediation. Each party shall bear its own costs of mediation and one-half of the cost of the mediator. Additionally, any claim by either party arising out of or related to this Agreement, or its breach, or related in any way to Employee's employment or its termination (except claims of employment discrimination under local, state or federal laws, and requests for equitable relief under Section 9 above), shall be settled by arbitration using a single arbitrator and administered by the American Arbitration Association under its Employment Dispute Resolution Rules. Any arbitration shall take place in Seattle, Washington, and the parties waive the right to a trial de novo or appeal, excepting only for the purpose of enforcing the arbitrator's decision, for which purpose the parties agree that the Superior Court for King County, Washington shall have jurisdiction. The nature, proceedings and results of the mediation or arbitration shall be kept confidential and kept from public disclosure to the extent possible.

  • Governing Law; Dispute Resolution This Agreement shall be subject to the provisions of Sections 9(a), 9(c), and 9(h) of the Employment Agreement.

  • Alternate Dispute Resolution In the event of any issue of controversy under this Agreement, the PARTIES may pursue Alternate Dispute Resolution procedures to voluntarily resolve those issues. These procedures may include, but are not limited to, conciliation, facilitation, mediation, and fact finding.

  • Mediation and Arbitration of Disputes An Addendum requiring the Mediation and/or the Arbitration of all disputes between the Parties and/or Brokers arising out of this Lease ¨ is x is not attached to this Lease. LESSOR AND LESSEE HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH TERM AND PROVISION CONTAINED HEREIN, AND BY THE EXECUTION OF THIS LEASE SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIME THIS LEASE IS EXECUTED, THE TERMS OF THIS LEASE ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LESSOR AND LESSEE WITH RESPECT TO THE PREMISES. ATTENTION: NO REPRESENTATION OR RECOMMENDATION IS MADE BY THE AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION OR BY ANY BROKER AS TO THE LEGAL SUFFICIENCY, LEGAL EFFECT, OR TAX CONSEQUENCES OF THIS LEASE OR THE TRANSACTION TO WHICH IT RELATES. THE PARTIES ARE URGED TO:

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

  • Governing Law Disputes Arbitration This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Should I find myself in a disagreement with the WEGC’s policies, rules or regulations and I am unable to resolve such issues in accordance with the By-laws of the WEGC, I agree that I shall bring no cause of action against the WEGC or any of the aforementioned Released Parties, and further agree to binding arbitration of those disputes. Should any party hereto institute any action or proceeding against the other party at law or in equity, or in connection with an arbitration in connection with this Agreement, the prevailing party from such action shall be entitled to recover from the losing party or parties all attorneys’ fees and costs for service rendered to the prevailing party in such action or proceeding.

  • Dispute Resolution Procedure 21.1 All disputes or grievances arising between the Parties shall as far as practical be resolved at the workplace level through consultation. Accordingly the following procedure must be followed:

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