Governing Law; Jurisdiction; Arbitration. A. This Agreement shall be governed by the laws of the State of Michigan without regard to any applicable conflict of law provisions. The United Nations Convention on the International Sale of Goods is expressly excluded. B. Subject to the arbitration requirements below, Seller consents to the exclusive jurisdiction of the appropriate federal court in the U.S. District Court for the Eastern District of Michigan, Southern Division or of the state courts in the State of Michigan for any legal or equitable action or proceeding arising out of, or in connection with, this Agreement. Seller specifically waives any and all objections to venue in such courts. C. All disputes arising under or in connection with this Agreement shall be finally and exclusively settled by arbitration before the American Arbitration Association (“AAA”), pursuant to the AAA commercial arbitration rules then in effect; provided, however, that discovery shall be permitted in accordance with the United States Federal Rules of Civil Procedure as limited below. All arbitration proceedings shall be confidential. Each of Seller and Buyer shall pay its own expenses and each of Seller and Buyer shall pay one half of the costs and expenses of the arbitrator and the AAA. The decision of the arbitrator shall be final and binding upon Xxxxx and Seller, and judgment on the award rendered may be entered in any court of competent jurisdiction. The arbitration proceeding shall be held in southeast Michigan or at a location that is mutually agreed to between the parties. Notwithstanding the foregoing, Buyer shall have the right, without waiving any remedy under this Agreement, to seek from any court of competent jurisdiction (1) equitable relief and (2) any interim or provisional relief that is necessary to protect the rights or property of Buyer. It is further provided that Buyer and Seller have expressly agreed to arbitration for the purpose of efficiently and quickly resolving any disputes which may exist between them. Therefore, the Buyer and Seller shall agree, and shall inform any arbitrator appointed pursuant to this provision, that to the greatest extent possible the arbitrator shall expedite and complete arbitration. It is further agreed and understood that if the amount in controversy, as identified by the parties’ communications prior to the filing of the demand for arbitration, is less than or equal to One Hundred Thousand Dollars ($100,000), the arbitration shall be completed within forty-five (45) days of the filing of the demand and without discovery other than the exchange of reasonably relevant documents. In the event that the amount in controversy, as identified by the parties’ communications prior to the filing of the demand for arbitration, is less than or equal to Two Hundred Fifty Thousand Dollars ($250,000) but greater than One Hundred Thousand Dollars ($100,000), the arbitration shall be completed within ninety (90) days of the filing of a demand for arbitration and no discovery shall be conducted except the exchange of reasonably relevant documents and no more than one party deposition for each of the Seller and the Buyer. In the event that the amount in controversy, as identified by the parties’ written communications prior to the filing of the demand for arbitration, is greater than Two Hundred Fifty Thousand Dollars ($250,000), or is not readily determinable, the arbitration shall be completed with the direction to the arbitrator that the parties have chosen to have the arbitration completed as efficiently and quickly as possible.
Appears in 1 contract
Samples: Purchase Agreement
Governing Law; Jurisdiction; Arbitration. A. This Agreement shall be governed by the laws of the State of Michigan without regard to any applicable conflict of law laws provisions. The United Nations Convention on the International Sale of Goods is expressly excluded.
B. Subject to the arbitration requirements below, Seller consents to the exclusive jurisdiction of the appropriate federal court in the U.S. District Court for the Eastern District of Michigan, Southern Division or of the state courts in the State of Michigan for any legal or equitable action or proceeding arising out of, or in connection with, this Agreement. Seller specifically waives any and all objections to venue in such courts.
C. All disputes arising under or in connection with this Agreement shall be finally and exclusively settled by arbitration before the American Arbitration Association (“AAA”), Southfield Michigan, pursuant to the AAA commercial arbitration rules then in effect; provided, however, that discovery shall be permitted in accordance with the United States Federal Rules of Civil Procedure as limited below. All arbitration proceedings shall be confidential. Each of Seller and Buyer shall pay its own expenses and each of Seller and Buyer shall pay one one- half of the costs and expenses of the arbitrator and the AAA. The decision of the arbitrator shall be final and binding upon Xxxxx and Seller, and judgment on the award rendered may be entered in any court of competent jurisdiction. The arbitration proceeding shall be held in southeast Michigan or at a location that is mutually agreed to between the parties. Notwithstanding the foregoing, Buyer shall have the right, without waiving any remedy under this Agreement, to seek from any court of competent jurisdiction (1) equitable relief and (2) any interim or provisional relief that is necessary to protect the rights or property of Buyer. It is further provided that Buyer and Seller have expressly agreed to arbitration for the purpose of efficiently and quickly resolving any disputes which may exist between them. Therefore, the Buyer and Seller shall agree, and shall inform any arbitrator appointed pursuant to this provision, that to the greatest extent possible the arbitrator shall expedite and complete arbitration. It is further agreed and understood that if the amount in controversy, as identified by the parties’ communications prior to the filing of the demand for arbitration, is less than or equal to One Hundred Thousand Dollars ($100,000), the arbitration shall be completed within forty-five (45) days of the filing of the demand and without discovery other than the exchange of reasonably relevant documents. In the event that the amount in controversy, as identified by the parties’ communications prior to the filing of the demand for arbitration, is less than or equal to Two Hundred Fifty Thousand Dollars ($250,000) but greater than One Hundred Thousand Dollars ($100,000), the arbitration shall be completed within ninety (90) days of the filing of a demand for arbitration and no discovery shall be conducted except the exchange of reasonably relevant documents and no more than one party deposition for each of the Seller and the Buyer. In the event that the amount in controversy, as identified by the parties’ written communications prior to the filing of the demand for arbitration, is equal to or less than Five Hundred Thousand Dollars ($500,000) but greater than Two Hundred Fifty Thousand Dollars ($250,000), or is not readily determinable, the arbitration shall be completed within one hundred twenty (120) days with no discovery other than the direction to the arbitrator that the parties have chosen to have the arbitration completed as efficiently exchange of reasonably relevant documents and quickly as possible.no more than three
Appears in 1 contract
Governing Law; Jurisdiction; Arbitration. A. This Agreement shall be governed by the laws of the State of Michigan Wisconsin without regard to any applicable conflict of law provisions. The United Nations Convention on the International Sale of Goods is expressly excluded.
B. Subject to the arbitration requirements below, Seller consents to the exclusive jurisdiction of the appropriate federal court in the U.S. District Court for the Eastern District of Michigan, Southern Division Wisconsin or of the state courts in the State of Michigan Wisconsin for any legal or equitable action or proceeding arising out of, or in connection with, this Agreement. Seller specifically waives any and all objections to venue in such courts.
C. All disputes arising under or in connection with this Agreement shall be finally and exclusively settled by arbitration before the American Arbitration Association (“AAA”), pursuant to the AAA commercial arbitration rules then in effect; provided, however, that discovery shall be permitted in accordance with the United States Federal Rules of Civil Procedure as limited below. All arbitration proceedings shall be confidential. Each of Seller and Buyer shall pay its own expenses and each of Seller and Buyer shall pay one one-half of the costs and expenses of the arbitrator and the AAA. The decision of the arbitrator shall be final and binding upon Xxxxx Buyer and Seller, and judgment on the award rendered may be entered in any court of competent jurisdiction. The arbitration proceeding shall be held in southeast Michigan or at a location that is mutually agreed to between the parties. Notwithstanding the foregoing, Buyer shall have the right, without waiving any remedy under this Agreement, to seek from any court of competent jurisdiction (1) equitable relief and (2) any interim or provisional relief that is necessary to protect the rights or property of Buyer. It is further provided that Buyer and Seller have expressly agreed to arbitration for the purpose of efficiently and quickly resolving any disputes which may exist between them. Therefore, the Buyer and Seller shall agree, and shall inform any arbitrator appointed pursuant to this provision, that to the greatest extent possible the arbitrator shall expedite and complete arbitration. It is further agreed and understood that if the amount in controversy, as identified by the parties’ communications prior to the filing of the demand for arbitration, is less than or equal to One Hundred Thousand Dollars ($100,000), the arbitration shall be completed within forty-five (45) days of the filing of the demand and without discovery other than the exchange of reasonably relevant documents. In the event that the amount in controversy, as identified by the parties’ communications prior to the filing of the demand for arbitration, is less than or equal to Two Hundred Fifty Thousand Dollars ($250,000) but greater than One Hundred Thousand Dollars ($100,000), the arbitration shall be completed within ninety (90) days of the filing of a demand for arbitration and no discovery shall be conducted except the exchange of reasonably relevant documents and no more than one party deposition for each of the Seller and the Buyer. In the event that the amount in controversy, as identified by the parties’ written communications prior to the filing of the demand for arbitration, is equal to or less than Five Hundred Thousand Dollars ($500,000) but greater than Two Hundred Fifty Thousand Dollars ($250,000), the arbitration shall be completed within one hundred twenty (120) days with no discovery other than the exchange of reasonably relevant documents and no more than three (3) depositions for each of the Buyer and the Seller. In the event that the amount in controversy, as identified by the parties’ written communications prior to the filing of the demand for arbitration, is greater than Five Hundred Thousand Dollars ($500,000) or is not readily determinable, the arbitration shall be completed with the direction to the arbitrator that the parties have chosen to have the arbitration completed as efficiently and quickly as possiblepossible in accordance with the direction above.
Appears in 1 contract
Samples: Standard Terms and Conditions
Governing Law; Jurisdiction; Arbitration. A. This Agreement shall be governed by the laws of the State of Michigan Delaware without regard to any applicable conflict of law law’s provisions. The United Nations Convention on the International Sale of Goods is expressly excluded.
B. Subject to the arbitration requirements below, Seller consents to the exclusive jurisdiction of the appropriate federal court in the U.S. District Court for the Eastern District of Michigan, Southern Division Delaware or of the state courts in the State of Michigan Delaware for any legal or equitable action or proceeding arising out of, or in connection with, this Agreement. Seller specifically waives any and all objections to venue in such courts.
C. All disputes arising under or in connection with this Agreement shall be finally and exclusively settled by arbitration before the American Arbitration Association (“AAA”), Wilmington Delaware, pursuant to the AAA commercial arbitration rules then in effect; provided, however, that discovery shall be permitted in accordance with the United States Federal Rules of Civil Procedure as limited below. All arbitration proceedings shall be confidential. Each of Seller and Buyer shall pay its own expenses and each of Seller and Buyer shall pay one one- half of the costs and expenses of the arbitrator and the AAA. The decision of the arbitrator shall be final and binding upon Xxxxx and Seller, and judgment on the award rendered may be entered in any court of competent jurisdiction. The arbitration proceeding shall be held in southeast Michigan or at a location that is mutually agreed to between the parties. Notwithstanding the foregoing, Buyer shall have the right, without waiving any remedy under this Agreement, to seek from any court of competent jurisdiction (1) equitable relief and (2) any interim or provisional relief that is necessary to protect the rights or property of Buyer. It is further provided that Buyer and Seller have expressly agreed to arbitration for the purpose of efficiently and quickly resolving any disputes which may exist between them. Therefore, the Buyer and Seller shall agree, and shall inform any arbitrator appointed pursuant to this provision, that to the greatest extent possible the arbitrator shall expedite and complete arbitration. It is further agreed and understood that if the amount in controversy, as identified by the parties’ communications prior to the filing of the demand for arbitration, is less than or equal to One Hundred Thousand Dollars ($100,000), the arbitration shall be completed within forty-five (45) days of the filing of the demand and without discovery other than the exchange of reasonably relevant documents. In the event that the amount in controversy, as identified by the parties’ communications prior to the filing of the demand for arbitration, is less than or equal to Two Hundred Fifty Thousand Dollars ($250,000) but greater than One Hundred Thousand Dollars ($100,000), the arbitration shall be completed within ninety (90) days of the filing of a demand for arbitration and no discovery shall be conducted except the exchange of reasonably relevant documents and no more than one party deposition for each of the Seller and the Buyer. In the event that the amount in controversy, as identified by the parties’ written communications prior to the filing of the demand for arbitration, is equal to or less than Five Hundred Thousand Dollars ($500,000) but greater than Two Hundred Fifty Thousand Dollars ($250,000), or is not readily determinable, the arbitration shall be completed within one hundred twenty (120) days with no discovery other than the direction to the arbitrator that the parties have chosen to have the arbitration completed as efficiently exchange of reasonably relevant documents and quickly as possible.no more than three
Appears in 1 contract
Samples: Purchase Order Terms and Conditions
Governing Law; Jurisdiction; Arbitration. A. This Agreement shall be governed by the laws of the State of Michigan without regard to any applicable conflict of law laws provisions. The United Nations Convention on the International Sale of Goods is expressly excluded.
B. Subject to the arbitration requirements below, Seller consents to the exclusive jurisdiction of the appropriate federal court in the U.S. District Court for the Eastern District of Michigan, Southern Division or of the state courts in the State of Michigan for any legal or equitable action or proceeding arising out of, or in connection with, this Agreement. Seller specifically waives any and all objections to venue in such courts.
C. All disputes arising under or in connection with this Agreement shall be finally and exclusively settled by arbitration before the American Arbitration Association (“AAA”), Southfield Michigan, pursuant to the AAA commercial arbitration rules then in effect; provided, however, that discovery shall be permitted in accordance with the United States Federal Rules of Civil Procedure as limited below. All arbitration proceedings shall be confidential. Each of Seller and Buyer shall pay its own expenses and each of Seller and Buyer shall pay one half onehalf of the costs and expenses of the arbitrator and the AAA. The decision of the arbitrator shall be final and binding upon Xxxxx and Seller, and judgment on the award rendered may be entered in any court of competent jurisdiction. The arbitration proceeding shall be held in southeast Michigan or at a location that is mutually agreed to between the parties. Notwithstanding the foregoing, Buyer shall have the right, without waiving any remedy under this Agreement, to seek from any court of competent jurisdiction (1) equitable relief and (2) any interim or provisional relief that is necessary to protect the rights or property of Buyer. It is further provided that Buyer and Seller have expressly agreed to arbitration for the purpose of efficiently and quickly resolving any disputes which may exist between them. Therefore, the Buyer and Seller shall agree, and shall inform any arbitrator appointed pursuant to this provision, that to the greatest extent possible the arbitrator shall expedite and complete arbitration. It is further agreed and understood that if the amount in controversy, as identified by the parties’ communications prior to the filing of the demand for arbitration, is less than or equal to One Hundred Thousand Dollars ($100,000), the arbitration shall be completed within forty-five (45) days of the filing of the demand and without discovery other than the exchange of reasonably relevant documents. In the event that the amount in controversy, as identified by the parties’ communications prior to the filing of the demand for arbitration, is less than or equal to Two Hundred Fifty Thousand Dollars ($250,000) but greater than One Hundred Thousand Dollars ($100,000), the arbitration shall be completed within ninety (90) days of the filing of a demand for arbitration and no discovery shall be conducted except the exchange of reasonably relevant documents and no more than one party deposition for each of the Seller and the Buyer. In the event that the amount in controversy, as identified by the parties’ written communications prior to the filing of the demand for arbitration, is greater than Two Hundred Fifty Thousand Dollars ($250,000), or is not readily determinable, the arbitration shall be completed with the direction to the arbitrator that the parties have chosen to have the arbitration completed as efficiently and quickly as possible.five
Appears in 1 contract