Common use of RIGHT TO COMPEL ARBITRATION Clause in Contracts

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. 16.1 SECOND PARTY AGREES ‌ 14.1 YOU AGREE TO PROCEED WITH ARBITRATION SHOULD FIRST PARTY LICENSOR ELECT TO PROCEED IN SUCH MANNER; HOWEVER, SECOND PARTY DOES YOU DO NOT HAVE THE SAME OR SIMILAR RIGHT TO COMPEL ARBITRATION. IF SECOND PARTY FILES YOU FILE A CLAIM IN ANY COURT OF LAW, OR IF SECOND PARTY YOU AND FIRST PARTY LICENSOR HAVE A DISPUTE AND NO CLAIM HAS YET BEEN FILED, IN EITHER CASE FIRST PARTY LICENSOR HAS THE ABSOLUTE RIGHT, SOLELY IN ITS DISCRETION, TO COMPEL THAT DISPUTE TO BE HEARD AND RESOLVED BY BINDING ARBITRATION. HOWEVER, IF FIRST PARTY XXXXXXXX DECIDES TO FILE A CLAIM, THE SECOND PARTY HAS YOU HAVE NO CORRESPONDING RIGHT TO COMPEL ARBITRATION. ANY SUCH ARBITRATION BETWEEN SECOND PARTY YOU AND FIRST PARTY US 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 YOU AND FIRST PARTY WE 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. 16.1 SECOND PARTY AGREES TO PROCEED WITH ARBITRATION SHOULD FIRST PARTY ELECT TO PROCEED IN SUCH MANNER; HOWEVER, SECOND PARTY DOES NOT BOTH PARTIES HAVE THE SAME OR SIMILAR RIGHT TO COMPEL ARBITRATION. IF SECOND ANY 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 DISCRETIONCAN APPEAL ARBITRATION, 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 LONDON 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 AGREEMENT0] 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. 16.1 SECOND PARTY AGREES 14.1 YOU AGREE TO PROCEED WITH ARBITRATION SHOULD FIRST PARTY LICENSOR ELECT TO PROCEED IN SUCH MANNER; HOWEVER, SECOND PARTY DOES YOU DO NOT HAVE THE SAME OR SIMILAR RIGHT TO COMPEL ARBITRATION. IF SECOND PARTY FILES YOU FILE A CLAIM IN ANY COURT OF LAW, OR IF SECOND PARTY YOU AND FIRST PARTY LICENSOR HAVE A DISPUTE AND NO CLAIM HAS YET BEEN FILED, IN EITHER CASE FIRST PARTY LICENSOR HAS THE ABSOLUTE RIGHT, SOLELY IN ITS DISCRETION, TO COMPEL THAT DISPUTE TO BE HEARD AND RESOLVED BY BINDING ARBITRATION. HOWEVER, IF FIRST PARTY LICENSOR DECIDES TO FILE A CLAIM, THE SECOND PARTY HAS YOU HAVE NO CORRESPONDING RIGHT TO COMPEL ARBITRATION. ANY SUCH ARBITRATION BETWEEN SECOND PARTY YOU AND FIRST PARTY US 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 YOU AND FIRST PARTY WE 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. ‌ 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.