DISPUTE RESOLUTION, MANDATORY ARBITRATION Clause Samples
The Dispute Resolution; Mandatory Arbitration clause establishes that any disagreements or claims arising from the contract must be resolved through binding arbitration rather than through court litigation. Typically, this means that both parties agree to submit their disputes to a neutral third-party arbitrator, whose decision is final and enforceable, and the process often follows specific rules or is administered by a designated arbitration organization. By requiring arbitration, this clause streamlines the resolution process, reduces legal costs, and avoids the delays and publicity associated with traditional court proceedings.
DISPUTE RESOLUTION, MANDATORY ARBITRATION. You agree to contact Residents Energy in writing and attempt to resolve all billing disputes or service problems directly in good-faith. All disputes regarding transmission, distribution, power outages, and bills from your GDC should be directed to your GDC. Any claim for damages arising out of, or related to, the provision of Residents Energy’s services under this Agreement that is not resolved directly between the parties, shall be resolved by arbitration before the American Arbitration Association (“AAA”) conducted under the AAA Commercial Rules and, if Customer is a residential customer, the Consumer- Related Disputes Supplementary Procedures.
DISPUTE RESOLUTION, MANDATORY ARBITRATION. A. We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with disputes by contacting us at ▇▇▇▇▇▇ Performance Products, Inc., ATTN: General Counsel, ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇. We will contact you based on the contact information you have provided us.
B. If after 30 days the parties are unable to resolve any dispute raised under the previous provision, the dispute may only be submitted to arbitration consistent with this Section. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration.
C. We each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (▇▇▇.▇▇▇▇▇▇▇.▇▇▇) or by calling JAMS at ▇▇▇-▇▇▇-▇▇▇▇.
D. We are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.
DISPUTE RESOLUTION, MANDATORY ARBITRATION. READ THIS PROVISION CAREFULLY AS IT WILL HAVE A SUBSTANTIAL IMPACT ON HOW LEGAL CLAIMS YOU AND WE HAVE AGAINST EACH OTHER WILL BE RESOLVED. Except as expressly provided herein, any controversy, dispute or claim (“Claim”) arising out of or relating to this Agreement, your account, any loan, product, service and/or the relationships of the parties hereto shall be resolved or otherwise settled by binding arbitration administered by the American Arbitration Association (“AAA”), under the AAA Consumer Rules in effect at the time the Claim is filed. Such arbitration shall take place in ▇▇▇▇▇▇▇ County, Pennsylvania. The arbitrator’s decision shall be final, binding and non–appealable. Any judgment upon the award may be entered and enforced in any court having jurisdiction. This clause is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act. The arbitrator shall determine the prevailing party, and the costs and expenses of the arbitration proceeding, including the arbitrator’s fees, shall be borne by the non-prevailing party, unless otherwise required by law. This mandatory arbitration provision shall survive the closing of your Account, the maturity of any loan and the termination of this Agreement. No provision of this Agreement, any other agreement between the parties, nor the exercise of any right under this Agreement, shall waive the arbitration requirement. Notwithstanding anything contained herein to the contrary, the arbitration shall not limit the right of either party to (1) obtain provisional or ancillary remedies, such as injunctive relief, writ of attachment, or protective order from a court having jurisdiction before, during or after the pendency of any arbitration; (2) exercise permissible self-help remedies, such as setoff; (3) evict, foreclose against or sell any real or personal property collateral by the exercise of a power of sale under a mortgage or other security agreement or instrument, a
DISPUTE RESOLUTION, MANDATORY ARBITRATION a. In the event of any controversy or claim arising out of or relating to this Agreement, or the breach hereof (each a “Dispute”), prior to proceeding with arbitration under the further provisions of this Section, a party shall give notice (a “Dispute Notice”) to the other party setting out, in writing and in detail, the nature and specifics of the Dispute and a good faith estimated value of the Dispute. A meeting (which may be via teleconference or other electronic communications) between representatives of the parties must take place within 30 days after the date of delivery of the Dispute Notice in an attempt to resolve the Dispute through direct negotiations. The provisions of this paragraph and the remaining provisions of this Section are the sole and exclusive method of resolving any Disputes, and arbitration under this Section shall be mandatory except in the limited circumstances provided under paragraphs (j), (k) and (o) below and Section 10.2.
b. If the Dispute has not been resolved by direct negotiations within 30 days after the date of delivery of the Dispute Notice, or such further time as the parties may mutually agree in writing, then either party may commence, and the Dispute shall be finally resolved by, binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules in effect at the time of the commencement of the arbitration (the “Rules”). The parties agree that the arbitrator(s), and not a court, will decide in the first instance all questions of substantive arbitrability, including without limitation the validity of this Section. The parties do not consent to the incorporation of the AAA Supplementary Rules for Class Arbitration into the rules governing the arbitration of any Dispute (any such arbitration is referred to in this Section as the “Arbitration”), and hereby voluntarily and irrevocably waive any right to arbitrate any Disputes through representative or class arbitration. All Disputes will proceed in arbitration solely on an individual basis, and the authority of the arbitrator(s) to resolve any Dispute and to make written awards will be limited to the individual Disputes under this Agreement.
c. A party shall have the right to withdraw without prejudice a Dispute that it submitted to Arbitration prior to the appointment of the arbitrator(s) for the Arbitration. In such event, all of the provisions of this Section shall again apply with respect to such Dispu...
DISPUTE RESOLUTION, MANDATORY ARBITRATION. Any dispute, controversy or claim arising out of or relating to this Agreement or to a breach hereof, including its interpretation, performance or termination, shall be finally resolved by arbitration. The arbitration shall be conducted by three (3) arbitrators, one to be appointed by the Company, one to be appointed by Consultant, and the third to be nominated by the two arbitrators so selected or, if they cannot agree on the third arbitrator, by the President of the American Arbitration Association. In the event any such dispute, controversy or claim involves a claim of damages for fifty-thousand United States dollars ($50,000 U.S.) or less, the arbitration shall be conducted by one
(1) arbitrator appointed by the Company and the Consultant, or if they cannot agree on an arbitrator, by the President of the American Arbitration Association.
DISPUTE RESOLUTION, MANDATORY ARBITRATION. The Parties will use reasonable efforts to resolve any dispute between them in good faith prior to initiative legal action. Except for actions (i) to protect a party’s intellectual property, and (ii) to enforce an arbitrator’s decision hereunder, any claim or dispute arising out of or relating to the Agreement, or breach thereof, shall be submitted to and resolved by confidential binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its then-prevailing Commercial Arbitration Rules and Mediation Procedures (the “AAA Rules”). The arbitration shall take place in Los Angeles County, California. The arbitration shall be before a single, neutral arbitrator who is a former or retired judge with at least ten (10) years of experience in general commercial transactions and contract disputes in the technology and so]▇▇▇▇ industry. Arbitration may be initiated by any party by giving to the other party written notice requesting arbitration, which notice shall also include a statement of the claims asserted and the facts upon which the claims are based. The arbitrator shall not have any power to alter, amend, modify or change any of the terms or provisions of this Agreement. Except as prohibited in this Agreement, the arbitrator shall have the authority to award any remedy or relief otherwise available in a court of law. The arbitrator's award shall be accompanied by a reasoned opinion, will be binding on the parties, and may be entered as a judgment in any court of competent jurisdiction. Any party may bring an action in any court of competent jurisdiction to compel arbitration under this Agreement and to enforce an arbitration award. Any party may also, without waiving any remedy under this Agreement, seek injunctive relief from any court of competent jurisdiction.
DISPUTE RESOLUTION, MANDATORY ARBITRATION. READ THIS PROVISION CAREFULLY AS IT WILL HAVE A SUBSTANTIAL IMPACT ON HOW LEGAL CLAIMS YOU AND WE HAVE AGAINST EACH OTHER WILL BE RESOLVED. Except as expressly provided herein, any controversy, dispute or claim (“Claim”) arising out of or relating to this Agreement, your account, any loan, product, service and/or the relationships of the parties hereto shall be resolved or otherwise settled by binding arbitration administered by the American Arbitration Association (“AAA”), under the AAA Consumer Rules in effect at the time the Claim is filed. Such arbitration shall take place in ▇▇▇▇▇▇▇ County, Pennsylvania.
DISPUTE RESOLUTION, MANDATORY ARBITRATION. You agree to contact IDT Energy in writing and attempt to resolve all billing disputes or service problems directly in good-faith. All disputes regarding transmission, distribution, power outages, and bills from your GDC should be directed to your GDC. Any claim for damages arising out of, or related to, the provision of IDT Energy’s services under this Agreement that is not resolved directly between the parties, shall be resolved by arbitration before the American Arbitration Association (“AAA”) conducted under the AAA Commercial Rules and, if Customer is a residential customer, the Consumer- Related Disputes Supplementary Procedures.
DISPUTE RESOLUTION, MANDATORY ARBITRATION