RIGHT TO COMPEL ARBITRATION Sample Clauses
The Right to Compel Arbitration clause grants one or both parties the authority to require that any disputes arising under the agreement be resolved through arbitration rather than through court litigation. In practice, this means that if a disagreement occurs, a party can formally demand that the matter be submitted to an arbitrator or arbitration panel, bypassing the traditional court system. This clause is designed to provide a streamlined, private, and often faster method for resolving conflicts, reducing the time and expense associated with lawsuits and ensuring that disputes are handled in a more controlled environment.
RIGHT TO COMPEL ARBITRATION. 16.1 SECOND PARTY AGREES TO PROCEED WITH ARBITRATION SHOULD FIRST PARTY ELECT TO PROCEED IN SUCH MANNER; HOWEVER, SECOND PARTY DOES NOT HAVE THE SAME OR SIMILAR RIGHT TO COMPEL ARBITRATION. IF SECOND PARTY FILES A CLAIM IN ANY COURT OF LAW, OR IF SECOND PARTY AND FIRST PARTY HAVE A DISPUTE AND NO CLAIM HAS YET BEEN FILED, IN EITHER CASE FIRST PARTY HAS THE ABSOLUTE RIGHT, SOLELY IN ITS DISCRETION, TO COMPEL THAT DISPUTE TO BE HEARD AND RESOLVED BY BINDING ARBITRATION. HOWEVER, IF FIRST PARTY DECIDES TO FILE A CLAIM, THE SECOND PARTY HAS NO CORRESPONDING RIGHT TO COMPEL ARBITRATION. ANY SUCH ARBITRATION BETWEEN SECOND PARTY AND FIRST PARTY WILL BE HANDLED AND CONDUCTED BY AND PURSUANT TO THE RULES AND PROCEDURES OF THE DUBAI INTERNATIONAL ARBITRATION CENTER (“DIAC”) USING A THREE MEMBER ARBITRATION PANEL WITH SECOND PARTY AND FIRST PARTY EACH CHOOSING ONE ARBITRATOR AND THE TWO CHOSEN SELECTING THE THIRD. THE DECISION OF THE ARBITRATORS WILL BE FINAL AND UNAPPEALABLE AND MAY BE ENTERED AS A JUDGMENT IN ANY APPROPRIATE COURT OF LAW. TO THE EXTENT ANY PROVISIONS OF THIS AGREEMENT ARE INCONSISTENT WITH DIAC RULES OR PROCEDURES, SUCH PROVISIONS SHALL PREVAIL TO THE MAXIMUM EXTENT DIAC RULES AND PROCEDURES PERMIT THE PARTIES TO STIPULATE AND OTHERWISE AGREE TO SUCH MATTERS BY CONTRACT.
RIGHT TO COMPEL ARBITRATION. 17.1 The Second Party agrees to proceed with arbitration should the First Party elect to proceed in such a manner; however, the Second Party does not have the same or similar right to compel arbitration. If the Second Party files a claim in any court of law, or if the Second Party and First Party have a dispute and no claim has yet been filed, in either case, the First Party has the absolute right, solely in its discretion, to compel that dispute to be heard and resolved by binding arbitration. However, if the First Party decides to file a claim, the Second Party has n