Duty to Arbitrate Clause Samples
The Duty to Arbitrate clause requires the parties to resolve disputes through arbitration rather than through court litigation. In practice, this means that if a disagreement arises under the contract, both parties must submit their claims to a neutral arbitrator or arbitration panel, following agreed-upon procedures and timelines. This clause streamlines dispute resolution, often making it faster and more private than traditional court proceedings, and helps prevent costly and prolonged legal battles.
Duty to Arbitrate. Except for any claim by the Company to enforce the restrictive covenants set forth in Sections 4 and 5 above, Company and Executive agree to resolve by binding arbitration any claim or controversy arising out of or related to Executive’s employment by Company or this Agreement, to include all matters directly or indirectly related to your recruitment, employment or termination of employment by the Company including, but not limited to claims involving laws against discrimination whether brought under federal and/or state law, and/or claims involving co-employees but excluding workers compensation claims, whether such claim is based in contract, tort, statute, or any other legal theory, including any claim for damages, equitable relief, or both. The duty to arbitrate under this Section extends to any claim by or against any officer, director, shareholder, employee, agent, representative, parent, subsidiary, affiliate, heir, trustee, legal representative, successor, or assign of either party making or defending any claim that would otherwise be arbitrable under this Section. However, this Section shall not be interpreted to preclude either party from petitioning a court of competent jurisdiction for temporary injunctive relief, solely to preserve the status quo pending arbitration of the claim or controversy, upon a proper showing of the need for such relief.
Duty to Arbitrate. Except for any claim by the Company to enforce the restrictive covenants set forth in Sections 4 and 5 above, Company and Executive agree to resolve by binding arbitration any claim or controversy arising out of or related to Executive’s employment by Company or this Agreement, to include all matters directly or indirectly related to your recruitment, employment or termination of employment by the Company including, but not limited to claims involving laws against discrimination whether brought under federal and/or state law, and/or claims involving co-employees but excluding workers compensation claims, whether such claim is based in contract, tort, statute, or any other legal theory, including any claim for damages, equitable relief, or both. The duty to arbitrate under this Section extends to any claim by or against any officer, director, shareholder, employee, agent, representative, parent, subsidiary, affiliate, heir, trustee, legal representative, successor, or assign of either party making or defending any claim that would otherwise be arbitrable under this Section. However, this
Duty to Arbitrate. Except for any claim by the Company to enforce the restrictive covenants set forth in Sections 4 and 5 above, Company and Executive agree to resolve by binding arbitration any claim or controversy arising out of or related to Executive’s employment by Company or this Agreement, to include all matters directly or indirectly related to your recruitment, employment or termination of employment by the Company including, but not limited to claims involving laws against discrimination whether brought under federal and /or state law, and/or claims involving co-employees Revised 02/05 Page Number 11 Initial
Duty to Arbitrate. By signing this Agreement, the Parties agree that any arbitration shall be conducted before one qualified neutral arbitrator selected by the Parties and shall be conducted under the JAMS Employment Arbitration Rules & Procedures (“JAMS Rules”) then in effect. Employee may obtain a copy of the JAMS Rules by accessing the JAMS website at ▇▇▇.▇▇▇▇▇▇▇.▇▇▇. In addition, the Employee may obtain a copy of the JAMS Rules by requesting a copy from ______________________, the Company’s Director of Human Resources. If the Parties cannot agree on the selection of a neutral arbitrator, Employee and the Company will use the method provided for under the JAMS Rules. If the JAMS Rules are inconsistent with the terms of this Agreement, the terms of this Agreement shall govern. This Agreement shall be enforceable under and subject to the Federal Arbitration Act, 9 U.S.C. Sec. 1, et seq.
Duty to Arbitrate. If a portion of the Premises shall be taken under the power of eminent domain, and Tenant, in the exercise of “reasonable judgment”, determines that the remaining portion of said Premises would not be adequate for the continuation of Tenant’s business as conducted immediately prior to such taking, and if Landlord shall not agree with Tenant’s determination, then Landlord and Tenant shall promptly proceed to have the matter arbitrated in accordance with the Rules of the American Arbitration Association and such determination shall be final and binding upon the parties hereto.
Duty to Arbitrate. Except in the case of any Franchisor-sponsored dispute resolution program created in accordance with Section 21.04, the parties agree that any and all controversies, claims and disputes between them arising out of or related to this Agreement that cannot be amicably settled shall be finally resolved by submitting such matter to the American Arbitration Association ("AAA") in either Denver, Colorado or Kansas City, Missouri, in Franchisor's sole discretion, for binding arbitration under the AAA's Commercial Arbitration Rules. A single arbitrator shall be selected in accordance with standard AAA procedure. In accordance with the terms of the Federal Arbitration Act, the arbitrator shall hear the dispute in either Denver, Colorado or Kansas City, Missouri, as selected by Franchisor. During the arbitration process, each party shall bear all of its own costs and attorneys' fees and one-half of the arbitrator's expenses. The decision of the arbitrator shall be final and binding and shall include attorneys fees, all arbitration expenses, and other costs in accordance with Section 19.11. Franchisee knows, understands and agrees that it is the intent of the parties that any arbitration between Franchisor and Franchisee or its owners shall be of Franchisee's (or its owner's) individual claims and that the claims subject to arbitration shall not be arbitrated in conjunction with the claims of other developers, franchisees or on a class-wide basis and Franchisee and its owners hereby waive any right it or they may assert to have its claims arbitrated in conjunction with the claims of other developers, franchisees or on a class-wide basis.