Common use of Interpretation and Dispute Resolution Clause in Contracts

Interpretation and Dispute Resolution. (a) Any claim or controversy between the parties hereto arising out of or relating to this Agreement or the breach thereof shall be settled by arbitration in Chicago pursuant to the terms of the United States Arbitration Act, or failing federal jurisdiction, the law of the State of Illinois excluding choice of law rules; (b) The Parties shall attempt to agree on the selection of an arbitrator within forty-five (45) days from receipt of notice of intent to arbitrate. If the Parties cannot agree on an arbitrator then either Party may move to have the arbitrator appointed by the United States District Court for the Northern District of Illinois or, failing federal jurisdiction, by the Circuit Court of Xxxx County. Time shall be of the essence in nomination of the arbitrator. (c) The arbitration award by the arbitrator shall be final and binding, and may include costs, including reasonable attorney’s fees. The Parties hereby submit themselves to the jurisdiction of the United States District Court for the Northern District of Illinois and the Circuit Court of Xxxx County for all matters relating to any arbitration hereunder. These Courts as well as any other court of competent jurisdiction, shall have jurisdiction with respect to the enforcement of any arbitrable award and all other matters relating to any arbitration hereunder. (d) Any arbitration hereunder shall be conducted in accordance with the rules of the American Arbitration Association, unless otherwise agreed by the Parties hereto. (e) Upon settlement of a dispute or arbitration award, if it is determined that an amount is due from one Party to the other, then such amount will promptly be paid to the Party to whom it is due in addition to interest on any such amount accrued form the date such amount is determined to have been due through but excluding the date on which payment of such amount is made, at the Overdue Rate, as of the date such amount is determined to have been due.

Appears in 2 contracts

Samples: Coke Purchase Agreement (SunCoke Energy, Inc.), Coke Purchase Agreement (SunCoke Energy, Inc.)

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Interpretation and Dispute Resolution. (a) Any claim or controversy between the parties hereto arising out of or relating to this Agreement or the breach thereof shall be settled by arbitration in Chicago pursuant to the terms of the United States Arbitration Act, or failing federal jurisdiction, the law of the State of Illinois excluding choice of law rules; (b) The Parties shall attempt to agree on the selection of an arbitrator within forty-five (45) days from receipt of notice of intent to arbitrate. If the Parties cannot agree on an arbitrator then either Party may move to have the arbitrator appointed by the United States District Court for the Northern District of Illinois or, failing federal jurisdiction, by the Circuit Court of Xxxx County. Time shall be of the essence in nomination of the arbitrator. (c) The arbitration award by the arbitrator shall be final and binding, and may include costs, including reasonable attorney’s fees. The Parties hereby submit themselves to the jurisdiction of the United States District Court Xxxxxx Xxxxxxxx Xxxxx for the Northern District of Illinois and the Circuit Court of Xxxx County for all matters relating to any arbitration hereunder. These Courts as well as any other court of competent jurisdiction, shall have jurisdiction with respect to the enforcement of any arbitrable award and all other matters relating to any arbitration hereunder. (d) Any arbitration hereunder shall be conducted in accordance with the rules of the American Arbitration Association, unless otherwise agreed by the Parties hereto. (e) Upon settlement of a dispute or arbitration award, if it is determined that an amount is due from one Party to the other, then such amount will promptly be paid to the Party to whom it is due in addition to interest on any such amount accrued form the date such amount is determined to have been due through but excluding the date on which payment of such amount is made, at the Overdue Rate, as of the date such amount is determined to have been due.

Appears in 2 contracts

Samples: Coke Purchase Agreement (SunCoke Energy, Inc.), Coke Purchase Agreement (SunCoke Energy, Inc.)

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Interpretation and Dispute Resolution. Should any claim or cause of action arise out of or relate to this Coke Purchase Agreement, the Parties shall first convene a meeting of the Parties’ management in order to attempt in good faith to resolve such matter. In the event that the matter is not resolved within forty five (a45) days after either Party notifies the other of the matter, the matter shall be settled by binding arbitration as set forth in this Article XI. Any claim or controversy between the parties hereto arising out of or relating to this Coke Purchase Agreement or the breach thereof shall be settled by arbitration in Chicago pursuant to the terms of the United States Arbitration Act, or failing federal jurisdiction, the law of the State of Illinois Indiana excluding choice of law rules; . The arbitration shall be before a panel of three (b3) The Parties arbitrators. Each Party shall attempt to agree on appoint one of the selection of an arbitrator three arbitrators within forty-five (45) days from receipt of notice of intent to arbitrate. If the Parties cannot agree on an The third arbitrator then either Party may move to have the arbitrator appointed shall be chosen by the United States District Court for the Northern District of Illinois or, failing federal jurisdiction, by the Circuit Court of Xxxx Countytwo Party-chosen arbitrators. Time shall be of the essence in nomination of the arbitrator. (c) The arbitration award by the arbitrator arbitrators shall be final and binding, and may include costs, including reasonable attorney’s fees. The Parties hereby submit themselves to the jurisdiction of the United States District Court for the Northern District of Illinois federal and the Circuit Court of Xxxx County state courts located in Cuyahoga County, Ohio for all matters relating to any arbitration hereunder. These Courts courts as well as any other court of competent jurisdiction, shall have jurisdiction with respect to the enforcement of any arbitrable award and all other matters relating to any arbitration hereunder. (d) . Any arbitration hereunder shall be conducted in accordance with the rules of the American Arbitration Association, unless otherwise agreed by the Parties hereto. (e) . Upon settlement of a dispute or arbitration award, if it is determined that an amount is due from one Party to the other, then such amount will promptly be paid to the Party to whom it is due in addition to interest on any such amount accrued form the date such amount is determined to have been due through but excluding the date on which payment of such amount is made, at the Overdue Rate, as of the date such amount is determined to have been due.

Appears in 1 contract

Samples: Coke Purchase Agreement (SunCoke Energy, Inc.)

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