HOW DISPUTES ARE DEALT WITH Sample Clauses

HOW DISPUTES ARE DEALT WITH. Any dispute or difference in connection with this Client Agreement must be dealt with by you in Australia. Where the event the dispute or difference is unable to be resolved by us to your satisfaction in accordance with our internal complaints handling system: (a) you may refer the dispute or difference to the Australian Financial Complaints Authority Limited (AFCA) for determination in accordance with their rules; or (b) if the dispute or difference does not fall within AFCA’ rules, the dispute or difference may be submitted by us to arbitration in accordance with and subject to the Institute of Arbitrators and Mediators of Australia Expedited Commercial Arbitration Rules, and to the extent permitted under those rules the Arbitrator will be a person recommended by the New South Wales Chapter of the Institute of Arbitrators and Mediators of Australia; or (c) if the dispute or difference does not fall within the rules of AFCA, you may request us to refer the dispute to arbitration in accordance with clause 15.2(b) above, and: (i) we may decide in our absolute discretion whether to agree to any such request; (ii) without agreement by us in accordance with this paragraph, you will not be able to refer the dispute or difference to arbitration but will have to submit for the benefit of us only the dispute or difference to the exclusive jurisdiction of the Courts of New South Wales. You and we agree to accept any determination of the arbitrator under paragraphs 15.2(b) or 15.2(c) above as final and binding and submit for the benefit of us only, to the exclusive jurisdiction of the Courts in New South Wales for the enforcement of any such determination. For the avoidance of doubt, this clause 14 will not prevent us from commencing proceedings in any other jurisdictions for the enforcement of any such determination.
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HOW DISPUTES ARE DEALT WITH. Any dispute or difference whatsoever in connection with this Agreement must be dealt with by you in Australia as follows in the event the dispute or difference is unable to be resolved by us to your satisfaction in accordance with our internal complaints handling system (found in our PDS and FSG): a. You may refer the dispute or difference to the Financial Ombudsman Service (FOS) for determination in accordance with their rules; or b. If the dispute or difference does not fall within the rules of FOS, you may request us to refer the dispute to arbitration and: we may decide in our absolute discretion whether to agree to any such request; c. Without agreement by us in accordance with this paragraph, you will not be able to refer the dispute or difference to arbitration, but will have to submit for the benefit of us only the dispute or difference to the exclusive jurisdiction of the courts of New South Wales. d. You and we agree to accept any determination of the arbitrator above as final and binding and submit for the benefit of us only, to the exclusive jurisdiction of the courts in New South Wales for the enforcement of any such determination. For the avoidance of doubt, this Clause 28 will not prevent us from commencing proceedings in any other relevant jurisdiction for the enforcement of any such determination.
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HOW DISPUTES ARE DEALT WITH. (a) If the matter is unable to be resolved by us to your satisfaction in accordance with our internal complaints handling system and you are a retail client in respect of the transaction that is the subject matter of your complaint, you may then refer the Dispute for external dispute resolution to the relevant external dispute resolution scheme. In Australia, this is the Financial Ombudsman Service (FOS) for determination. (b) If you elect to refer your complaint to FOS (or equivalent), you hereby consent to and authorise us to disclose such Personal Information about you including, without limitation, records of telephone conversations between you and us as we, at our absolute discretion, deem appropriate or necessary to enable us to detail, defend or make our case in the dispute resolution process.
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HOW DISPUTES ARE DEALT WITH. 25.2.1 Any dispute or difference in connection with this Client Agreement must be dealt with by you in Australia, in accordance with our procedures from time to time for handling disputes. You should contact us or consult the PDS for information about our internal complaints process.
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HOW DISPUTES ARE DEALT WITH. Where the event the dispute or difference is unable to be resolved by us to your satisfaction in accordance with our internal complaints handling system: a) you may refer the dispute or difference to the Australian Financial Complaints Authority (AFCA) for determination in accordance with their rules; or b) if the dispute or difference does not fall within AFCA’s rules, the dispute or difference may be submitted by us to arbitration in accordance with and subject to the Institute of Arbitrators and Mediators of Australia Expedited Commercial Arbitration Rules, and to the extent permitted under those rules the Arbitrator will be a person recommended by the New South Wales Chapter of the Institute of Arbitrators and Mediators of Australia; or c) if the dispute or difference does not fall within the rules of AFCA, you may request us to refer the dispute to arbitration in accordance with clause 27.2(b) above, and: i. we may decide in our absolute discretion whether to agree to any such request; ii. without agreement by us in accordance with this paragraph, you will not be able to refer the dispute or difference to arbitration, but will have to submit for the benefit of us only the dispute or difference to the exclusive jurisdiction of the Courts of New South Wales. You and we agree to accept any determination of the arbitrator under paragraphs 27.2(b) or 27.2(c) above as final and binding and submit for the benefit of us only, to the exclusive jurisdiction of the Courts in New South Wales for the enforcement of any such determination. For the avoidance of doubt, this clause 27 will not prevent us from commencing proceedings in any other jurisdictions for the enforcement of any such determination.
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HOW DISPUTES ARE DEALT WITH. Inthe event that the Dispute is unable to be resolved by us to your satisfaction in accordance with our internal complaints handling system you may refer the Dispute to the Financial Dispute Resolution Service(FDRS) for determination.
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HOW DISPUTES ARE DEALT WITH. Any dispute or difference whatsoever in connection with this Agreement must be dealt with by you in Australia as follows in the event the dispute or difference is unable to be resolved by us to your satisfaction in accordance with our internal complaints handling system (found in our PDS and FSG): a. You may refer the dispute or difference to the Australian Financial Complaints Authority (“AFCA”) for determination in accordance with their rules. AFCA is a new external dispute resolution (EDR) scheme to deal with complaints f rom consumers in the f inancial system. Importantly, AFCA replaces the three existing EDR schemes of the Financial Ombudsman Service (FOS), the Credit and Investments Ombudsman (CIO) and Superannuation Complaints Tribunal (SCT) so that consumers have access to a single EDR scheme. Using AFCA is f ree to consumers. If you would like to access the scheme, please lodge a complaint with the Australian Financial Complaints Authority: ● Online: xxx.xxxx.xxx.xx ● Email: xxxx@xxxx.xxx.xx ● Phone: 0000 000 000 ● Mail: Australian Financial Complaints Authority XXX Xxx 0 Xxxxxxxxx XXX 0000; or b. If the dispute or difference does not fall within the rules of AFCA, you may request us to refer the dispute to arbitration and: we may decide in our absolute discretion whether to agree to any such request; c. Without agreement by us in accordance with this paragraph, you will not be able to refer the dispute or difference to arbitration, but will have to submit for the benefit of us only the dispute or difference to the non-exclusive jurisdiction of the courts of New South Wales. d. You and we agree to accept any determination of the arbitrator above as f inal and binding and submit for the benefit of us only, to the exclusive jurisdiction of the courts in New South Wales for the enforcement of any such determination. For the avoidance of doubt, this Clause 28 will not prevent us f rom commencing proceedings in any other relevant jurisdiction for the enforcement of any such determination.
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HOW DISPUTES ARE DEALT WITH. Any Dispute must be dealt with by you in Australia as follows in the event that the Dispute is unable to be resolved by us to your satisfaction in accordance with our internal complaints handling system you may refer the Dispute to the Financial Ombudsman Service (FOS) for determination.
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HOW DISPUTES ARE DEALT WITH. (a) Any dispute or difference in connection with this Terms and Conditions must be dealt with by you in Australia, in accordance with our procedures from time to time for handling disputes.
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Related to HOW DISPUTES ARE DEALT WITH

  • Disputes; Arbitration (a) If a dispute arises between the parties, the parties agree that their respective representatives shall meet and consult in good faith and attempt to settle the dispute, within thirty (30) days of written notice thereof, as a condition precedent to the initiation of arbitration proceedings as set forth herein. Notwithstanding any other provision of this Agreement to the contrary, the parties hereto agree that any and all disputes with respect to any claim pursuant to the provisions of this Agreement, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association by a panel of three (3) arbitrators appointed pursuant to such Rules, and judgment upon the award rendered by such arbitrators may be entered in any court having jurisdiction. Such arbitrators shall not have the authority or power to reform, alter, amend or modify any of the terms or conditions of this Agreement or to enter an award which reforms, alters, amends or modifies such terms or conditions. Notwithstanding the forgoing, the arbitrators shall have no authority to award any punitive damages except upon proof of fraud with intent to deceive. The decision of such arbitrators shall be in writing, setting forth both findings of fact and conclusions of law, and shall be final and conclusive upon the parties; and no suit at law or in equity based on such dispute, controversy or claim shall be instituted by any party hereto, other than to enforce the award of such arbitrators. Such arbitration shall be conducted in Denver, Colorado or in such other location as the parties thereto may agree. (b) In the event of a dispute, the prevailing party shall be entitled to be reimbursed by the non-prevailing party or parties for such prevailing party's reasonable attorney's fees and other expenses. (c) The parties agree that as precondition to the commencement of arbitration by any party, the dispute must be submitted to non-binding mediation with a mediator agreed to by both parties. If the parties cannot agree on a mediator within fourteen (14) days from the date of a request for mediation, the dispute will be mediated by a person selected in accordance with the rules of the American Arbitration Association.

  • Disputes and Governing Law This Agreement shall be construed in accordance with the laws of the PRC. Any disputes that arise in connection with this Agreement shall be litigated in courts located within the Pudong New Area, Shanghai, the PRC.

  • Disputes, Etc Prompt written notice of (i) any claims, legal or arbitration proceedings, proceedings before any Governmental Authority, or disputes, or to the knowledge of the Borrower threatened, or affecting the Borrower, or any of its Subsidiaries which, if adversely determined, could reasonably be expected to cause a Material Adverse Change, or any material labor controversy of which the Borrower or any of its Subsidiaries has knowledge resulting in or reasonably considered to be likely to result in a strike against the Borrower or any of its Subsidiaries and (ii) any claim, judgment, Lien or other encumbrance (other than a Permitted Lien) affecting any Property of the Borrower or any Subsidiary if the value of the claim, judgment, Lien, or other encumbrance affecting such Property shall exceed $1,000,000;

  • GOVERNING LAW; DISPUTES SUBMITTED TO ARBITRATION All disputes arising under this agreement shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts, without regard to principles of conflict of laws. The parties to this agreement will submit all disputes arising under this agreement to arbitration in Boston, Massachusetts before a single arbitrator of the American Arbitration Association (“AAA”). The arbitrator shall be selected by application of the rules of the AAA, or by mutual agreement of the parties, except that such arbitrator shall be an attorney admitted to practice law in the Commonwealth of Massachusetts. No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section. No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section. Nothing contained herein shall prevent the party from obtaining an injunction.

  • Disputes Procedure 12.1 If a dispute relating to a Script covered by this Agreement arises between a Writer and the BBC which cannot be settled by direct discussion then either party will have the right to refer the issue to a panel which shall consist of the Head of Talent & Rights Negotiation Group the relevant head of the production department and two of the Writer, the Writer’s representative or representative of the Society, the WGGB or the PMA, at the Writer’s election. This clause shall not however be invoked in a manner which might override any other clause in this Agreement or call into question the BBC’s reasonable and proper discretion to accept or reject a Script. 12.2 Any dispute regarding the interpretation of this Agreement or the interpretation of an individual contract between the BBC and a writer of a Script covered by this Agreement which cannot be resolved by discussion between the parties shall be referred to an Arbitration Committee consisting of two representatives of the BBC and any two of the Writer or Writer’s representative or representative of the Society, the Guild or the PMA as the case may be. Failing settlement it shall then be referred to a single Arbitrator mutually acceptable to both sides who shall determine the issue and whose decision shall be binding on both parties. 12.3 Clause 12.2 shall not apply to disputes arising under clause 12.1, 16.1 and 20-25.

  • Settlement of Disputes; Arbitration All claims by the Executive for benefits under this Agreement shall be directed to and determined by the Board of Directors of the Company and shall be in writing. Any denial by the Board of Directors of a claim for benefits under this Agreement shall be delivered to the Executive in writing and shall set forth the specific reasons for the denial and the specific provisions of this Agreement relied upon. The Board of Directors shall afford a reasonable opportunity to the Executive for a review of the decision denying a claim. Any further dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration in Boston, Massachusetts, in accordance with the rules of the American Arbitration Association then in effect. Judgment may be entered on the arbitrator's award in any court having jurisdiction.

  • Disputes and Arbitration Any dispute concerning a question of fact arising under this contract shall be disposed of by good faith negotiation between duly authorized representatives of the District, the Office of the State Auditor, and the Firm. Such a resolution shall be reduced to writing and a copy thereof mailed or furnished to the Firm and shall be final and conclusive.

  • Resolution of Disputes Choice of Law (a) This Transition Agreement shall be construed and enforced in accordance with the laws of the State of California without regard to the principles of conflicts of law. (b) All suits, actions or proceedings arising out of or relating to this Transition Agreement shall be brought in a state or federal court located in San Francisco County, California, which courts shall be the exclusive forum for all such suits, actions or proceedings. Executive and the Company hereby waive any objection which either of Executive may now or hereafter have to the laying of venue in any such court, including any claim based on the doctrine of forum non conveniens or any similar doctrine, for any such suit, action or proceeding. Executive and the Company each hereby irrevocably consent and submit to the jurisdiction of the federal and state courts located in San Francisco County, California for the purposes of any suit, action or proceeding arising out of relating to this Transition Agreement. If any action is necessary to enforce the terms of this Transition Agreement, the substantially prevailing party will be entitled to reasonable attorneys’ fees, costs and expenses in addition to any other relief to which such prevailing party may be entitled (c) EXECUTIVE AND THE COMPANY EACH HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY SUIT, ACTION OR PROCEEDING ARISING UNDER THIS TRANSITION AGREEMENT OR RELATED IN ANY WAY TO EXECUTIVE’S EMPLOYMENT AND/OR TO THE TERMINATION OF EXECUTIVE’S EMPLOYMENT AND AGREE THAT ANY SUCH SUIT, ACTION OR PROCEEDING SHALL BE TRIED BEFORE A COURT AND NOT BEFORE A JURY.

  • BINDING ARBITRATION PROHIBITED The State of Colorado does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in this contact or incorporated herein by reference shall be null and void.

  • Disputes Subject to Arbitration Any claim, dispute or controversy arising out of this Agreement (other than claims relating to misuse or misappropriation of the intellectual property of the Company), the interpretation, validity or enforceability of this Agreement or the alleged breach thereof shall be submitted by the parties to binding arbitration by a sole arbitrator under the rules of the American Arbitration Association; provided, however, that (a) the arbitrator shall have no authority to make any ruling or judgment that would confer any rights with respect to the trade secrets, confidential and proprietary information or other intellectual property of the Company upon the Executive or any third party; and (b) this arbitration provision shall not preclude the Company from seeking legal and equitable relief from any court having jurisdiction with respect to any disputes or claims relating to or arising out of the misuse or misappropriation of the Company’s intellectual property. Judgment may be entered on the award of the arbitrator in any court having jurisdiction.

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