Common use of Dispute Resolution through Arbitration Clause in Contracts

Dispute Resolution through Arbitration. American and FedEx agree that if they cannot resolve the Dispute pursuant to the Negotiation Procedure or mediation as described in Section 13.04 above (the "Mediation") within ten (10) Business Days after the commencement of the first meeting of the Parties with the Mediation Panel, they will submit the Dispute to binding arbitration (the "Arbitration") pursuant to the New York Arbitration Statute and the American Arbitration Association's (the "AAA") Commercial Arbitration Rules as in effect at the time of the submission of the Dispute to the AAA (the "CAR"). American and FedEx shall submit the Dispute to the AAA for binding arbitration within five (5) Business Days after the unsuccessful conclusion of the Mediation Process. The arbitration shall take place (i) in Dallas, Texas or such other place as American, FedEx and the arbitrators assigned to the case shall agree and (ii) on such date and at such time as the arbitrators shall establish. The Dispute shall be arbitrated by a panel of three arbitrators (the "Panel") who shall, if possible, each be experienced in the aircraft industry and who shall be chosen in accordance with the CAR. The Panel shall issue a reasoned decision and award of damages, specific performance or injunction. American and FedEx agree to abide by and perform any award rendered by the Panel. American and FedEx intend that the Dispute will be resolved by application of the laws of the State of New York and that the Panel's authority to make any award in the arbitration of the Dispute shall be based on and limited by the laws of the State of New York, the terms and conditions of this Agreement and the CAR. The Panel's determination of facts shall be final and binding on American and FedEx if there is substantial evidence in the record of such arbitration to support such determination, it being the intention of the Parties

Dispute Resolution through Arbitration. American Unless otherwise specifically provided for herein, the Parties will utilize good faith efforts to resolve any disputes arising out of or relating to the negotiation, execution, interpretation, performance or nonperformance of this Agreement through amicable settlement discussions to be commenced by the giving of a written notice of dispute by the Party claiming to be aggrieved. The notice of dispute will state with specificity the matters in dispute, the position of the Party giving the notice of dispute and FedEx agree the rationale for that if they cannot position. If the Parties fail to resolve the Dispute pursuant to dispute by amicable settlement within 15 business days from the Negotiation Procedure or mediation as described date the notice of dispute is given, then either Party may then request the final settlement of such dispute through arbitration in Section 13.04 above Kansas City, Missouri, under the Commercial Arbitration Rules (the "MediationRules") within ten (10) Business Days after the commencement of the first meeting of the Parties with the Mediation Panel, they will submit the Dispute to binding arbitration (the "Arbitration") pursuant to the New York Arbitration Statute and the American Arbitration Association's Association (the "AAA") Commercial Arbitration Rules as in effect at by notifying the time of the submission of the Dispute to other Party and the AAA (the "CAR"). American and FedEx shall submit the Dispute to the AAA for binding arbitration within five (5) Business Days after the unsuccessful conclusion of the Mediation Process. The arbitration shall take place (i) in Dallas, Texas or such other place as American, FedEx and the arbitrators assigned to the case shall agree and (ii) on such date and at such time as the arbitrators shall establish. The Dispute shall be arbitrated by a panel of three arbitrators (the "Panel") who shall, if possible, each be experienced in the aircraft industry and who shall be chosen in accordance with the CARRules. The Panel shall issue a reasoned decision arbitration will be conducted by three (3) arbitrators appointed in accordance with the Rules and will be conducted pursuant to expedited and accelerated procedures. The arbitrators will decide the issues submitted to them in accordance with the provisions and commercial purposes of this Agreement. The Parties agree that the award of damages, specific performance or injunction. American and FedEx agree to abide by and perform any award rendered by the Panel. American and FedEx intend that the Dispute arbitrators will be resolved by application of the laws of the State of New York and that the Panel's authority to make any award in the arbitration of the Dispute shall be based on and limited by the laws of the State of New York, the terms and conditions of this Agreement and the CAR. The Panel's determination of facts shall be final and binding waive any right to trial by jury or to challenge the arbitrators' award. However, any Party aggrieved by a default by the other may seek immediate injunctive relief before any court of competent jurisdiction and agree that such relief will not be sought to avoid or stay the arbitration. Judgment on American the award of the arbitrators may be entered in any court having jurisdiction over the Party against whom enforcement of the award is being sought, and FedEx the Parties hereby irrevocably consent to the jurisdiction of any such court for the purpose of enforcing any such award. In their final award, the arbitrators will require that the losing Party to the arbitration pay all reasonable costs (including without limitation reasonable fees of counsel) incurred in conducting the arbitration. The Parties will facilitate the arbitration by (a) making available to one another and to the arbitrators for examination, inspection and extraction, all documents, books, records and personnel under their control if there determined by the arbitrators to be relevant to the dispute and not otherwise privileged from disclosure, subject to written agreement by the arbitrators to hold all Confidential Information so disclosed in confidence, and (b) observing strictly the time periods established by the rules or by the arbitrators for submission of evidence or briefs. The Parties acknowledge and agree that time is substantial evidence of the essence in resolving any dispute submitted to arbitration. Notwithstanding anything in this Section 14.1 to the contrary, with respect to any dispute regarding Sprint's obligations pursuant to Section 17.1(d), (a "Spectrum Grouping Dispute"), the parties will submit the dispute to a mutually agreeable independent qualified industry engineering consultant (an "Engineering Arbitrator") who will serve as the arbitrator for such dispute in the record manner set forth in this Section 14.1. If the parties are unable to agree to a single Engineering Arbitrator, each Party will select one independent qualified engineering consultant who will serve as an Engineering Arbitrator; and each Party will submit the names of no more than three additional independent qualified industry engineering consultants to the two Engineering Arbitrators selected by Sprint and Operator who will then select a third Engineering Arbitrator from the combined lists submitted by Sprint and Operator. In such arbitration event, the three Engineering Arbitrators so selected will serve as a panel of arbitrators to support such determination, it being decide the intention of dispute pursuant to the Partiesterms set forth in this Section 14.1. SPRINT PROPRIETARY INFORMATION EXECUTION VERSION

Dispute Resolution through Arbitration. American Unless otherwise specifically provided for herein, the Parties will utilize good faith efforts to resolve any disputes arising out of or relating to the negotiation, execution, interpretation, performance or nonperformance of this Agreement through amicable settlement discussions to be commenced by the giving of a written notice of dispute by the Party claiming to be aggrieved. The notice of dispute will state with specificity the matters in dispute, the position of the Party giving the notice of dispute and FedEx agree the rationale for that if they cannot position. If the Parties fail to resolve the Dispute pursuant to dispute by amicable settlement within 15 business days from the Negotiation Procedure or mediation as described date the notice of dispute is given, then either Party may then request the final settlement of such dispute through arbitration in Section 13.04 above Kansas City, Missouri, under the Commercial Arbitration Rules (the "MediationRules") within ten (10) Business Days after the commencement of the first meeting of the Parties with the Mediation Panel, they will submit the Dispute to binding arbitration (the "Arbitration") pursuant to the New York Arbitration Statute and the American Arbitration Association's Association (the "AAA") Commercial Arbitration Rules as in effect at by notifying the time of the submission of the Dispute to other Party and the AAA (the "CAR"). American and FedEx shall submit the Dispute to the AAA for binding arbitration within five (5) Business Days after the unsuccessful conclusion of the Mediation Process. The arbitration shall take place (i) in Dallas, Texas or such other place as American, FedEx and the arbitrators assigned to the case shall agree and (ii) on such date and at such time as the arbitrators shall establish. The Dispute shall be arbitrated by a panel of three arbitrators (the "Panel") who shall, if possible, each be experienced in the aircraft industry and who shall be chosen in accordance with the CARRules. The Panel shall issue a reasoned decision arbitration will be conducted by three (3) arbitrators appointed in accordance with the Rules and will be conducted pursuant to expedited and accelerated procedures. The arbitrators will decide the issues submitted to them in accordance with the provisions and commercial purposes of this Agreement. The Parties agree that the award of damages, specific performance or injunction. American and FedEx agree to abide by and perform any award rendered by the Panel. American and FedEx intend that the Dispute arbitrators will be resolved by application of the laws of the State of New York and that the Panel's authority to make any award in the arbitration of the Dispute shall be based on and limited by the laws of the State of New York, the terms and conditions of this Agreement and the CAR. The Panel's determination of facts shall be final and binding waive any right to trial by jury or to challenge the arbitrators' award. However, any Party aggrieved by a default by the other may seek immediate injunctive relief before any court of competent jurisdiction and agree that such relief will not be sought to avoid or stay the arbitration. Judgment on American the award of the arbitrators may be entered in any court having jurisdiction over the Party against whom enforcement of the award is being sought, and FedEx the Parties hereby irrevocably consent to the jurisdiction of any such court for the purpose of enforcing any such award. In their final award, the arbitrators will require that the losing Party to the arbitration pay all reasonable costs (including without limitation reasonable fees of counsel) incurred in conducting the arbitration. The Parties will facilitate the arbitration by (a) making available to one another and to the arbitrators for examination, inspection and extraction, all documents, books, records and personnel under their control if there determined by the arbitrators to be relevant to the dispute and not otherwise privileged from disclosure, subject to written agreement by the arbitrators to hold all Confidential Information so disclosed in confidence, and (b) observing strictly the time periods established by the rules or by the arbitrators for submission of evidence or briefs. The Parties acknowledge and agree that time is substantial evidence of the essence in resolving any dispute submitted to arbitration. Notwithstanding anything in this Section 14.1 to the contrary, with respect to any dispute regarding Sprint's obligations pursuant to Section 17.1(d), (a "Spectrum Grouping Dispute"), the parties will submit the dispute to a mutually agreeable independent qualified industry engineering consultant (an "Engineering Arbitrator") who will serve as the arbitrator for such dispute in the record manner set forth in this Section 14.1. If the parties are unable to agree to a single Engineering Arbitrator, each Party will select one independent qualified engineering consultant who will serve as an Engineering Arbitrator; and each Party will submit the names of no more than three additional independent qualified industry engineering consultants to the two Engineering Arbitrators selected by Sprint and Operator who will then select a third Engineering Arbitrator from the combined lists submitted by Sprint and Operator. In such arbitration event, the three Engineering Arbitrators so selected will serve as a panel of arbitrators to support such determination, it being decide the intention of dispute pursuant to the Partiesterms set forth in this Section 14.1.