Resolution of Disputes; Arbitration. Any dispute arising out of or relating to this Agreement or Employee’s employment with Employers or the termination thereof shall be resolved first by negotiation between the parties. If such negotiations leave the matter unresolved after 60 days, then such dispute or claim shall be resolved by binding confidential arbitration, to be held in St. Louis, Missouri, in accordance with the rules of the American Arbitration Association. The arbitrator in any arbitration provided for herein will be mutually selected by the parties or in the event the parties cannot mutually agree, then appointed by the American Arbitration Association. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties shall be responsible for their own costs and expenses under this Section 19.
Resolution of Disputes; Arbitration. Any dispute arising out of or relating to this Agreement or Employee’s employment with Employer or the termination or expiration thereof shall be resolved first by negotiation between the parties. If such negotiations leave the matter unresolved after 60 (sixty) days, then such dispute or claim shall be resolved by binding confidential arbitration, to be held in St. Louis, Missouri, in accordance with the rules of the American Arbitration Association. The arbitrator in any arbitration provided for herein shall be mutually selected by the parties or in the event the parties cannot mutually agree, then appointed by the American Arbitration Association. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties shall be responsible for their own costs and expenses under this Section 21.
Resolution of Disputes; Arbitration. In the event of any dispute, claim or controversy between the Executive and the Bank (or its directors, officers, employees or agents) arising out of this Agreement or the Executive’s employment with the Bank, both Parties agree to submit such dispute, claim or controversy to final and binding arbitration under the Federal Arbitration Act, in conformity with the procedures of the California Arbitration Act (Cal. Code Civ. Proc. sec. 1280 et seq. ...). The arbitration will be conducted before the American Arbitration Association (“AAA”) in accordance with the AAA Employment Arbitration Rules and Mediation Procedures. These rules are available at the AAA web site at: hxxx://xxx.xxx.xxx. The claims governed by this arbitration provision include, but are not limited to, claims for wages and other compensation, claims for breach of contract (express or implied), claims for violation of public policy, wrongful termination, wrongful demotion, tort claims, claims for fraud and misrepresentation, claims for unlawful discrimination, harassment, and/or retaliation to the extent allowed by law, and claims for violation of any federal, state, or other government law, statute, regulation, or ordinance. The claims which are to be arbitrated under this agreement include claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the California Fair Employment and Housing Act and the California Labor Code.
Resolution of Disputes; Arbitration. Should a dispute arise concerning this Agreement, its interpretation or termination, or Consultant’s engagement with the Company, either party may request a conference with the other party to this Agreement and the parties shall meet to attempt to resolve the dispute. Failing such resolution within thirty (30) days of ether party’s request for a conference, the Company and Consultant shall endeavor to select an arbitrator who shall hear the dispute. In the event the parties are unable to agree on an arbitrator, Consultant and Company shall request the American Arbitration Association (“AAA”) to submit a list of nine (9) names of persons who could serve as an arbitrator. The Company and Consultant shall alternately remove names from this list (beginning with the party which wins a flip of a coin) until one person remains and this person shall serve as the impartial arbitrator. The arbitration shall be conducted in accordance with the National Rules for the Resolution of Employment Disputes as promulgated by the AAA. The decision of the arbitrator shall be final and binding on both parties. Each party shall bear equally all costs of the arbitrator. The arbitrator shall only have authority to interpret, apply or determine compliance with the provisions set forth in this Agreement, but shall not have the authority to add to, detract from or otherwise alter the language of this Agreement.
Resolution of Disputes; Arbitration. (a) With the sole exception of any action brought by the Company seeking equitable relief and/or damages for a claimed violation by the Executive of his obligations under Sections 7 and 8 hereof, the Parties agree to use final and binding arbitration to resolve any controversy, claim, dispute, or question arising out of, relating to, or in connection with the validity, interpretation, or effect of this Agreement, or any alleged breaches or violations of it (hereinafter “Arbitrable Dispute”).
Resolution of Disputes; Arbitration. 28.1. After signing the contract or issuance of purchase order, The Procuring Agency and the Supplier shall make every effort to resolve amicably by direct informal negotiation any disagreement or dispute arising between them under or in connection with the Contract. 28.2. If, after thirty (30) days from the commencement of such informalnegotiations,the ProcuringAgency andtheSupplierhave been unable to resolve amicably a Contract dispute, either party may require that the dispute be referred for resolution to the formal mechanisms specified in SCC.These mechanisms may include, but are not restricted to, conciliation mediated by a third party, adjudication in an agreed and/or arbitration as per rule 68 of PPR-14 and in accordance with Arbitration Act-1940.
Resolution of Disputes; Arbitration. Any dispute arising out of or relating to this Agreement or Employee’s employment with Employers or the termination thereof shall be resolved first by negotiation between the parties. If such negotiations leave the matter unresolved after 60 days, then such dispute or claim shall be resolved by binding confidential arbitration, to be held in St. Louis, Missouri, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator in any arbitration provided for herein will be mutually selected by the parties or in the event the parties cannot mutually agree, then appointed by the American Arbitration Association. Both parties hereby voluntarily waive any right to trial by jury. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties shall be responsible for their own costs and expenses under this Section 19, although the arbitrator shall have the right and jurisdiction to award costs and attorneys’ fees to the prevailing (in the opinion of the arbitrator) party. Nothing in this Section 19 shall limit the Employers’ right to obtain an injunction, restraining order or other equitable relief pursuant to Section 10.
Resolution of Disputes; Arbitration. (a) All claims by the Executive for benefits under this Agreement shall be directed to and determined by the Company’s Board of Directors and shall be in writing. Any denial by the Company’s Board of Directors of a claim for payments 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 Company’s Board of Directors shall afford a reasonable opportunity to the Executive for a review of the decision denying a claim and shall further allow the Executive to appeal to the Company’s Board of Directors a decision of the Company’s Board of Directors within sixty (60) days after notification by the Company’s Board of Directors that the Executive’s claim has been denied.
Resolution of Disputes; Arbitration. All disputes concerning this Agreement or any claim or issue of any nature (whether brought by the Parties hereto or by any other person whatsoever) arising from or relating to this Agreement or to the corporate steps taken to enter into it (including, without limitation, claims for alleged fraud, breach of fiduciary duty, breach of contract, tort, etc.) which cannot be resolved within reasonable time through discussions between the opposing entities, shall be resolved solely and exclusively by means of arbitration to be conducted in the City of Whittier, California, which arbitration will proceed in accordance with the Commercial Arbitration Rules of the American Arbitration Association (or any successor organization thereto) then in force for resolution of commercial disputes unless the parties mutually agree in writing otherwise. The Arbitrators themselves shall have the right to determine and to arbitrate the threshold issue of arbitrability itself. The decision of the Arbitrators shall be final, conclusive, and binding upon the opposing entities, and a judgment upon the award may be obtained and entered in any federal or state court of competent jurisdiction. Each entity or Party involved in litigation or arbitration shall be responsible for its own costs and expenses of any litigation or arbitration proceeding, including its own attorney’s fees (for any litigation, arbitration, and any appeals).
Resolution of Disputes; Arbitration. All disputes concerning this Agreement or any claim or issue of any nature (whether brought by the Parties hereto or by any other person whatsoever) arising from or relating to this Agreement (including, without limitation, claims for alleged fraud, breach of fiduciary duty, breach of contract, tort, etc.) which cannot be resolved within reasonable time through discussions between the opposing entities, shall be resolved solely and exclusively by means of arbitration to be conducted in Kings County, New York, which arbitration will proceed in accordance with the rules of the American Arbitration Association (or any successor organization thereto) then in force for resolution of commercial disputes. The Arbitrators themselves shall have the right to determine and to arbitrate the threshold issue of arbitrability itself, the decision of the Arbitrators shall be final, conclusive, and binding upon the opposing entities, and a judgment upon the award may be obtained and entered in any federal or state court of competent jurisdiction. Each entity or Party involved in litigation or arbitration shall be responsible for its own costs and expenses of any litigation or arbitration proceeding, including its own attorney's fees (for any litigation, arbitration, and any appeals). THE PARTIES EACH UNDERSTAND THAT BY AGREEING TO BINDING ARBITRATION, BOTH PARTIES ELECT TO WAIVE THE JUDICIAL PROCESS, INCLUDING BUT NOT LIMITED TO THE RIGHT TO A TRIAL BY JURY, THE RIGHT TO DISCOVERY, THE RIGHT TO AN APPEAL, AND THE OTHER JUDICIAL RULES OF PROCEDURE AND EVIDENCE. INSTEAD THE PARTIES WILL BE BOUND BY THE DECISION OF THE ARBITRATOR WHOSE DECISION, AFTER AN INFORMAL HEARING INVOLVING NO DISCOVERY AND MUCH LESS FORMAL RULES OF PROCEDURE AND EVIDENCE, IS FINAL AND BINDING. BECAUSE ARBITRATION IS SIGNIFICANTLY DIFFERENT FROM THE JUDICIAL PROCESS AND BECAUSE THE PARTIES GIVE UP A NUMBER OF RIGHTS IN AGREEING TO UTILIZE ARBITRATION INSTEAD OF THE JUDICIAL PROCESS, EACH PARTY SHOULD SEEK THE ADVICE OF AN INDEPENDENT ATTORNEY INCLUDING BUT NOT LIMITED TO, ADVANTAGES, DISADVANTAGES AND DIFFERENCES BETWEEN ARBITRATION AND THE JUDICIAL PROCESS BEFORE SIGNING.
