Submission of Disputes to Arbitration. Any claims, demands, disputes, differences, controversies, and/or misunderstandings arising under, out of, or in connection with, or in relation to this Agreement (collectively, a "Dispute"), shall be settled by submission of such Dispute (if not theretofore resolved by the parties hereto) within 45 days of assertion to arbitration in accordance with the provisions of this Section 5.9 and the Commercial Arbitration Rules of the American Arbitration Association.
Submission of Disputes to Arbitration. Except with respect to Articles 4, 5 or 6, for which the Company has the right to seek injunctive relief, any dispute arising out of or relating to this Agreement or the alleged breach of it, or any dispute arising from or related in any way to Employee’s employment, including any statutory or tort claims, will be discussed between the disputing parties in a good faith effort to arrive at a mutual settlement of any such controversy. If such dispute cannot be resolved, such dispute will be settled by binding arbitration. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator will be a retired state or federal judge or an attorney who has practiced business or employment litigation for at least 10 years. If the parties cannot agree on an arbitrator within twenty (20) days, either party may request that the American Arbitration Association (“AAA”) designate a panel of five proposed arbitrators meeting the criteria set forth in this Section, and the parties will alternate striking members of the panel, with the Employee having the first strike, until an arbitrator is thereby selected. Arbitration will be conducted pursuant to the provisions of this Agreement, and the applicable arbitration rules of the AAA, unless such rules are inconsistent with the provisions of this Agreement, but, unless an arbitrator is selected through the AAA, without submission of the dispute to the AAA. Each party will be permitted reasonable discovery, including the production of relevant documents by the other party, exchange of witness lists, and a limited number of depositions, including depositions of any experts who will testify at the arbitration. The summary judgment procedure applicable in Denver County, Colorado, District Court will be available and apply to any arbitration conducted pursuant to this Agreement. The arbitrator will have the authority to award to the prevailing party any remedy or relief that a court of the State of Colorado could order or grant, including costs and attorneys’ fees. Unless otherwise agreed by the parties, the place of any arbitration proceedings will be Denver, Colorado.
Submission of Disputes to Arbitration. Any dispute, controversy or claim arising out of or relating to this agreement or the Executive’s employment hereunder, or the breach, termination or invalidity of this agreement, or any deadlock or inability of the parties to agree on a course of action to be taken hereunder, will be arbitrated and finally resolved pursuant to the National Arbitration Rules of the ADR Institute of Canada Inc.
Submission of Disputes to Arbitration. If a Dispute is not resolved pursuant to Section 8.2 within the Negotiation Period or if a Party neglects or refuses to participate in amicable negotiations, such Dispute shall be submitted to arbitration pursuant to this Section 8.3. No Party shall have the right to stay or seek postponement of any arbitration hereunder on the grounds that one or more Parties have failed to comply with their obligations under Section 8.2 except as may otherwise be agreed in writing and no Party has the right to commence or continue court proceedings to resolve a Dispute.
Submission of Disputes to Arbitration. If any dispute shall arise between the Parties as to their rights or liabilities under this Agreement (a “Dispute”), the Dispute shall be exclusively determined, and the dispute shall be settled, by arbitration in accordance with the commercial rules of the American Arbitration Association. The arbitration shall be held in Dover, Delaware before a panel of three independent arbitrators, all of whom shall be selected by the American Arbitration Association according to its rules appertaining (or such other independent dispute resolution body to which the Parties shall mutually agree). The decision of the arbitrators shall be final and binding upon the Parties and judgment thereon may be entered in any court of competent jurisdiction. The costs of the arbitrators and of the arbitration shall be borne one-half by each of the Parties. The costs of each Party’s counsel and accountants, as well as any costs solely for their benefit, shall be borne separately by each Party. EACH OF THE PARTIES HEREBY ACKNOWLEDGES THAT THIS PROVISION CONSTITUTES A WAIVER OF THEIR RIGHT TO COMMENCE A LAWSUIT IN ANY JURISDICTION WITH RESPECT TO THE MATTERS WHICH ARE REQUIRED TO BE SETTLED BY ARBITRATION AS PROVIDED IN THIS SECTION 18(i).
Submission of Disputes to Arbitration. (a) This Article 11 shall apply to any of the following types of disputes (each a "Dispute"):
(i) any dispute as to fair market value under Section 9.1(c)(ii) or 10.3;
(ii) any dispute as to any accounting or tax issue under this Agreement; or
(iii) except for disputes described in the foregoing paragraphs (i) and (ii), (A) any dispute regarding the construction, interpretation, performance, validity, termination, or enforceability of any provision of the Certificate of Formation or this Agreement, or whether any Person is in compliance with, or breach of, any provisions of the Certificate of Formation or this Agreement, or (B) any other dispute of a legal nature arising under the Certificate of Formation or this Agreement, it being intended that this Section 11.1(a)(iii) shall not include any disputes of a purely business nature, such as disputes as to business strategy. With respect to a particular Dispute, each Person that is a party to such Dispute (whether a Member or other Person) is referred to herein as a "Disputing Party."
(b) If the Disputing Parties are unable to resolve a Dispute on or before the 30th Day following written notice of such Dispute from a Disputing Party to every other Disputing Party (or, in the case of Disputes described in Section 9.1(c)(ii) or 10.3, the time period set forth in such Section), which notice describes in reasonable detail the nature of the Dispute and the facts and circumstances relating thereto, any Disputing Party may, by delivery of written notice to every other Disputing Party, require that each Disputing Party nominate a member of its senior management team for the purpose of meeting at mutually agreeable time and place to resolve such Dispute. Such meeting shall take place on or before the 15th Business Day following the date of the notice requiring such meeting, and if the Dispute has not been resolved within 15 Business Days following such meeting (or if a Disputing Party fails to designate a member of its senior management team), any Disputing Party may submit such Dispute to binding arbitration under this Article 11 by notifying the other Disputing Parties (an "Arbitration Notice"). Any Arbitration Notice must include a general description of the Dispute and a reference to the fact that such Dispute is being referred to arbitration under this Article 11. Except as otherwise expressly provided herein to the contrary, arbitration pursuant to this Article 11 shall be the exclusive method of resolving Dispu...
Submission of Disputes to Arbitration. Except to the extent provided in Section 5.2, any dispute, deadlock, controversy or claim arising out of or relating to this Agreement or the Bylaws (a “Dispute”), including disputes and controversies and claims with respect to the validity or effect of this Article X, that is not resolved in a manner satisfactory to the Interestholders within thirty (30) Days after any Interestholder gives the other Interestholder formal written notice that a Dispute exists, is to be resolved exclusively and finally by arbitration conducted in accordance with this Section 10.1. No arbitration procedures under this Section 10.1 shall prevent the resolution of Deadlocks as provided in Section 5.2.
Submission of Disputes to Arbitration. If the Dispute cannot be settled within sixty (60) days by mutual discussions as contemplated by Section 17(a), either party may submit the dispute to arbitration in accordance with this Section 17(b). The arbitration shall be conducted in accordance with the JAMS Arbitration Rules in effect at the time of the arbitration, except as they may be modified herein or by mutual agreement of the parties hereto. The arbitration shall take place in Knoxville, TN or any other location mutually agreed to by the parties. The arbitration shall be conducted in the English language. In resolving any Dispute the arbitrators shall apply the substantive laws of the Sate of Tennessee.
Submission of Disputes to Arbitration. (a) Any dispute, deadlock, controversy or claim arising out of, relating to or in connection with this Agreement or the Company’s Bylaws, including any question regarding the existence, validity or termination, or a breach of this Agreement (hereafter, each such dispute, deadlock or controversy or claim a “Dispute”) shall be submitted to a senior management representative of ADS Worldwide and a senior management representative of Altima to attempt to reach an amicable resolution. With respect to a particular Dispute, each Person that is a party to such Dispute is referred to herein as a “Disputing Party”. A Disputing Party shall give written notice to the other parties hereto of the existence of such Dispute and of the Disputing Party’s desire to have such senior management representatives meet to resolve the Dispute (the “Representatives Meeting”). Such notice shall set forth (in English and Spanish) a brief description of the nature of the Dispute to be considered. The parties hereby agree to schedule the Representatives Meeting within thirty (30) Days after the date of the request. The Representatives Meeting shall be held in Dallas, Texas U.S.A., or any other location that the parties may agree upon. Each party may be accompanied to the Representatives Meeting by one other individual and also by a translator (who may also be an advisor or representative). No later than five (5) Business Days before the date scheduled for the Representatives Meeting, each party shall submit to the other a statement (in English and Spanish) of such party’s position, together with an acceptable proposed resolution.
(b) If the parties fail to hold the Representatives Meeting within thirty (30) Days of the date of the request for such meeting, or a Dispute is not resolved within fifteen (15) Days following such meeting, then the Dispute shall be finally settled (without appeal or review) by international arbitration under and in accordance with the International Arbitration Rules of the American Arbitration Association (“AAA”) in effect on the date of this Agreement (the “Rules”). A party wishing to submit a dispute to arbitration shall give written notice to such effect to the other parties hereto and to the AAA within twenty (20) Days of the date on which the Representative Meeting was held (or if no meeting was held, within thirty-five (35) Days of the date of the request for a Representative Meeting). Any party who fails to commence an arbitration within the foregoing p...
Submission of Disputes to Arbitration. Any dispute, controversy or claim arising out of or relating to this Agreement or the Contemplated Transactions, or the breach, termination or invalidity of this agreement, or any deadlock or inability of the parties to agree on a course of action to be taken hereunder, will be referred to and finally resolved by arbitration under the UNCITRAL Arbitration Rules (1976) in effect as at the commencement of any such arbitration.
