Exceptions to Mandatory Arbitration Clause Samples
The "Exceptions to Mandatory Arbitration" clause defines specific circumstances under which disputes are not required to be resolved through arbitration, even if a contract generally mandates arbitration for conflict resolution. Typically, this clause outlines certain types of claims—such as those involving intellectual property rights, requests for injunctive relief, or small claims court matters—that may instead be brought before a court. By carving out these exceptions, the clause ensures that parties retain access to judicial remedies for particular issues where arbitration may not be appropriate or effective, thereby balancing efficiency with the need for specialized or expedited legal processes.
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Exceptions to Mandatory Arbitration. Notwithstanding the obligation to arbitrate and any other provisions to the contrary herein, you and we agree that with respect to claims for unpaid invoices: (i) we may take our dispute to small claims court, if the contained dispute qualifies for hearing by such court; (ii) if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue in court claims limited strictly to the collection of the past due debt and any interest or cost of collection permitted by law or the Agreement; (iii) you or we may take any disputes over the validity of any party’s intellectual property rights to a court of competent jurisdiction; (iv) any dispute related to or arising from allegations associated with fraudulent or unauthorized use, theft, or piracy of service may be brought in a court of competent jurisdiction; and (v) either you or we may seek any interim or preliminary relief from a court of competent jurisdiction, necessary to protect the rights or property of you or Provider, pending the completion of arbitration.
Exceptions to Mandatory Arbitration. You or the Firm or any member of the Group, without waiving your, its, or their rights under this Section 8, may seek from a court having jurisdiction, any interim, equitable, provisional, or other relief provided for the purpose of enforcing your, its, or their rights under this Agreement or the Restrictive Covenants Agreement or to preserve the status quo pending the arbitrator’s final determination of the merits of a Dispute. You or the Firm or any member of the Group, also without waiving your, its, or their rights under this Section 8, may bring an action or special proceeding in a court having jurisdiction for the purpose of compelling arbitration, seeking temporary or preliminary relief in aid of an arbitration, or enforcing an arbitration award. ▇▇▇▇▇ ▇. ▇▇▇▇ December 31, 2019
Exceptions to Mandatory Arbitration. You or the Company, the Trust, Beneficient Counselors (on behalf of itself and the other members of the Beneficient Counselors Group), Beneficient Holdings, Inc., and/or Beneficient Company Holdings, L.P., as applicable, without waiving his, its, or their rights under this paragraph 10, may seek from a court having jurisdiction, any interim, equitable, provisional, or other relief provided for the purpose of enforcing his, its, or their rights under this Agreement or to preserve the status quo pending the arbitrator’s final determination of the merits of a Dispute. You or the Company, the Trust, Beneficient Counselors (on behalf of itself and the other members of the Beneficient Counselors Group), Beneficient Holdings, Inc., and/or Beneficient Company Holdings, L.P., also without waiving his, its, or their rights under this paragraph 10, may bring an action or special proceeding in a court having jurisdiction for the purpose of compelling arbitration, seeking temporary or preliminary relief in aid of an arbitration, or enforcing an arbitration award. ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ December 14, 2021
Exceptions to Mandatory Arbitration. Disputes relating to your failure to pay billed charges for use of the State Tel On-line / Fasttrak DSL service are exempt from the requirement of binding arbitration. Such disputes shall be governed by and construed exclusively in accordance with the laws of the State of New York, as provided in the “Governing Law” clause of Section IX of this Agreement, entitled, “Miscellaneous” below. If such dispute arises, each party irrevocably consents to the exclusive jurisdiction of the courts of the State of New York, sitting in Albany, New York, and the United States District Court for the Northern District of New York. This Agreement likewise shall not prevent STATE TEL ON-LINE / FASTTRAK DSL or a subscriber from seeking and obtaining preliminary equitable remedies, including temporary restraining orders or preliminary injunctions, from a court with jurisdiction over the parties and the subject matter. A request to a court for interim equitable relief shall not be deemed a waiver of the obligation to arbitrate.
Exceptions to Mandatory Arbitration. You or the Company, the Trust, Beneficient (on behalf of itself and the other members of the Beneficient Counselors Group), Beneficient Holdings, Inc., and/or Beneficient Company Holdings, L.P., as applicable, without waiving his, its, or their rights under this paragraph 9, may seek from a court having jurisdiction, any interim, equitable, provisional, or other relief provided for the purpose of enforcing his, its, or their rights under this Agreement or to preserve the status quo pending the arbitrator’s final determination of the merits of a Dispute. You or the Company, the Trust, Beneficient (on behalf of itself and the other members of the Beneficient Counselors Group), Beneficient Holdings, Inc., and/or Beneficient Company Holdings, L.P., also without waiving his, its, or their rights under this paragraph 9, may bring an action or special proceeding in a court having jurisdiction for the purpose of compelling arbitration, seeking temporary or preliminary relief in aid of an arbitration, or enforcing an arbitration award.
Exceptions to Mandatory Arbitration. You or the Company, BFF, BIC, the Trust, Beneficient Holdings, Inc., and/or Beneficient Company Holdings, L.P., as applicable, without waiving your, its, or their rights under this paragraph 10, may seek from a court having jurisdiction, any interim, equitable, provisional, or other relief provided for the purpose of enforcing your, its, or their rights under this Agreement or to preserve the status quo pending the arbitrator’s final determination of the merits of a Dispute. You or the Company, BFF, BIC, the Trust, Beneficient Holdings, Inc., and/or Beneficient Company Holdings, L.P., also without waiving your, its, or their rights under this paragraph 10, may bring an action or special proceeding in a court having jurisdiction for the purpose of compelling arbitration, seeking temporary or preliminary relief in aid of an arbitration, or enforcing an arbitration award, or seeking equitable relief, including a temporary restraining order, preliminary and permanent injunctions, and specific performance, pursuant to paragraph 7, and you expressly consent to the application of subsection (c) to any such action or proceeding.