Dispute Resolution Forum Sample Clauses

Dispute Resolution Forum. (a) The parties consent to and agree that any dispute or claim arising hereunder shall be submitted to binding arbitration in Orange County, California, and conducted in accordance with the Judicial Arbitration and Mediation Service (“JAMS”) rules of practice then in effect or such other procedures as the parties may agree in writing, and the parties expressly waive any right they may otherwise have to cause any such action or proceeding to be brought or tried elsewhere. The parties hereunder further agree that (i) any request for arbitration shall be made in writing and must be made within a reasonable time after the claim, dispute or other matter in question has arisen; provided however, that in no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such claim, dispute or other matter would be barred by the applicable statue(s) of limitations; (ii) the appointed arbitrator must be a former or retired judge or attorney at law with at least ten (10) years experience in commercial matters; (iii) costs and fees of the arbitrator shall be borne by both parties equally, unless the arbitrator or arbitrators determine otherwise; (iv) depositions may be taken and other discovery may be obtained during such arbitration proceedings to the same extent as authorized in civil judicial proceedings; and (v) the award or decision of the arbitrator, which may include equitable relief, shall be final and judgment may be entered on such award in accordance with applicable law in any court having jurisdiction over the matter. (b) TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. (c) The parties acknowledge and agree that money damages may not be a sufficient remedy for a breach of certain provisions of this Agreement, including but not limited to, Article III, and accordingly, a non-breaching party may be entitled to specific performance and injunctive relief as remedies for such violation. Accordingly, notwithstanding the other provisions of this Section 4.6, the parties agree that a non-breaching party may seek relief in a court of competent jurisdiction for the purposes of seeking equitable relief hereunder, and that such remedies shall not be deemed to be exc...

Dispute Resolution Forum. (a) If there is any dispute, claim or controversy arising from, related to or in connection with this Agreement, or the breach, termination or invalidity hereof, the Parties shall first attempt to resolve such dispute, controversy or claim through friendly consultations. If the dispute, claim or controversy is not resolved through friendly consultations within thirty (30) days after a Party has delivered a written notice to another Party requesting the commencement of consultation, then the dispute, claim or controversy shall be finally settled by arbitration conducted by the International Chamber of Commerce (the "ICC") in accordance with the Arbitration Rules of the ICC then in effect and as may be amended by the rest of this Section 13.2 (the "RULES"). There shall be three (3) arbitrators of whom the Investors shall nominate one (1) arbitrator, and the Company, the Founder and the Controlling Shareholder shall jointly nominate one (1) arbitrator, in accordance with the Rules. The two (2) named arbitrators shall nominate the third arbitrator within thirty (30) days of the nomination of the second arbitrator. If any arbitrator has not been named within the time limits specified in the Rules, such appointment shall be made by the International Court of Arbitration of the ICC upon the written request of either Party within thirty (30) days of such request. The arbitration shall be held and the award shall be rendered in Singapore. The arbitration proceeding shall be conducted and the award shall be rendered in the English language. Each Party shall cooperate in good faith to expedite (to the maximum extent practicable) the conduct of any arbitral proceedings commenced under this Agreement. (b) The award shall be final and binding upon the Parties, and shall be the exclusive remedy between the Parties regarding any claims, counterclaims, issues, or accountings presented to the arbitral tribunal. To the fullest extent allowed by applicable Law, each Party hereby waives any right to appeal such award. Judgment upon the award may be entered in any court having jurisdiction thereof, and for purposes of enforcing any arbitral award made hereunder, each Party irrevocably submits to the jurisdiction of any court sitting where any of such Party's material assets may be found. Any arbitration proceedings, decisions or awards rendered hereunder shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, ...

Dispute Resolution Forum. Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach thereof, which has not been resolved in accordance with the dispute resolution procedure set forth in Section 10.1 hereof, may be resolved by arbitration or litigation as above set forth, and the complaining Member, or the Day-to-Day Manager, or any of them, may initiate an action in an arbitration or a litigation as determined by the FCRE Member as the Manager, or if the FCRE Member as the Manager has failed to make such determination within the five Business Days after receipt by the Board of a Determination Request Notice, by litigation and not arbitration. If the dispute is to be resolved by litigation it may be initiated and brought by the complaining party only in the Superior Court in and for the County of Sacramento, or the courts of the United States of America for the Eastern District of California, and appellate courts thereof. If the dispute is to be arbitrated it shall be by initiated and brought by the complaining party only in an arbitration administered by JAMS Endispute (“JAMS”) before a three arbitrator panel selected from a list of then available JAMS arbitrators, each of who must be are either retired federal or state court judges with 20 years or more commercial litigation experience assigned pursuant to JAMS procedures, and shall be brought and heard in Sacramento, California, and judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. There shall be no ex parte communications with JAMS or any of the Arbitrators.

Dispute Resolution Forum. If the mediation efforts through the LAPS SJK do not reach a settlement agreement within the Second Grace Period, the Parties agree to resolve the dispute by resorting to the jurisdiction of the District Court of South Jakarta.

Dispute Resolution Forum. (a) Any controversy or claim arising out of or relating to this Agreement, or any breach of this Agreement, shall be initiated, maintained and finally determined by binding arbitration under the auspices of the Hong Kong International Arbitration Center (the “HKIAC”) and the site of the arbitration shall be in Hong Kong. The arbitral tribunal shall be appointed within 30 days of the notice of dispute, and shall consist of three arbitrators, each opposing party to a dispute shall be entitled to appoint one arbitrator and the third shall be jointly appointed by the disputing parties or, failing such agreement within such 30-day period, the HKIAC shall appoint the third arbitrator. (b) The arbitration proceeding shall be conducted in English. The arbitration tribunal shall apply the UNCITRAL Arbitration Rules as administered by the HKIAC at the time of the arbitration. (c) The award of the arbitration tribunal shall be final and binding upon the disputing parties, and the prevailing party or parties may apply to a court of competent jurisdiction for enforcement of such award. (d) Any party shall be entitled to seek preliminary injunctive relief from any court of competent jurisdiction pending the constitution of the arbitral tribunal.

Dispute Resolution Forum. 15.1 If there is any dispute arising from, related to or in connection with this Agreement, parties hereto shall first attempt to resolve such dispute through friendly consultations. In case such dispute cannot be resolved through consultation, either party shall be entitled to submit such dispute to China International Economic and Trade Arbitration Commission for arbitration. The arbitration shall be carried out in accordance with such commission’s arbitration rules then in effect, and the award shall be final and binding over parties hereto. 15.2 During the arbitration, except for those disputed issues submitted for arbitration, parties hereto shall go on performing remained obligations herein.

Dispute Resolution Forum. The Company and Holder hereby agree that any dispute which may arise between them arising out of or in connection with this Warrant shall be resolved in accordance with the dispute resolution provisions set forth in Sections 6.10, 6.12, and 6.15 of the Merger Agreement.

Dispute Resolution Forum. The Parties hereby agree that any dispute which may arise between them arising out of or in connection with this Agreement shall be resolved in accordance with the dispute resolution provisions set forth in Section 7.6 of the Membership Interest Purchase Agreement.

Dispute Resolution Forum. Except for the dispute resolution procedures otherwise set forth in Sections 2.6 and 2.7 and the rights of the parties to seek equitable remedies, each party agrees that any suit, action or proceeding brought by such party against the other in connection with or arising from this Agreement (“Judicial Action”) shall be brought against any of the parties only in any state court located in Montague County, Texas or the United States federal court for the Northern District of Texas, Wichita Falls Division, and each of the parties hereto hereby consents to the exclusive jurisdiction of such courts (and of the appropriate appellate courts) in any such Judicial Action and waives any objection to venue laid therein. Process in any such Judicial Action proceeding may be served on any party anywhere in the world, whether within or without the State of Texas.

Dispute Resolution Forum. Inspector and Client (and any other person claiming to have relied upon the inspection report) specifically agree that any controversy or claim arising out of or relating to the inspection or other services provided under this contract, or breach thereof, including any negligence, tort or other claims, against the person who performed the inspection, shall be resolved exclusively by arbitration in accordance with the Wisconsin Association of Home Inspectors (WAHI) Dispute Resolution Program, as in effect on the date such controversy or claim arises, which is currently administered by Resolute Systems, Inc., subject to the applicable Wisconsin Statutes and the Administrative Rules. Notwithstanding the foregoing, Client retains the right to report home inspection problems to the Wisconsin Department of Safety and Professional Services. Information about the WAHI Dispute Resolution Program, including costs, fees, Rules and Procedures are available through: