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. (b)
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 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. Except to the extent provided in Section 5.2, any dispute, deadlock, controversy or claim arising out of or relating to this Agreement (a “Dispute”), including disputes and controversies and claims with respect to the validity or effect of this ARTICLE IX, that is not resolved in a manner satisfactory to the Shareholders within thirty (30) Days after any Shareholder gives the other Shareholder formal written notice that a Dispute exists, is to be resolved exclusively and finally by arbitration conducted in accordance with this Section 9.1. No arbitration procedures under this Section 9.1 shall prevent the resolution of Deadlocks as provided in Section 5.2.
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. (a) This Article 11 shall apply to any of the following types of disputes (each a "Dispute"):
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.
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.
Submission of Disputes to Arbitration. Any claim, dispute or misunderstanding arising out of or in connection with this Agreement shall be arbitrated before a board of three arbitrators, with GKS and GKA jointly choosing one arbitrator, GK USA choosing one arbitrator, and the two arbitrators choosing a third. The decision of the majority of the arbitrators shall be binding and conclusive upon the parties, and may be rendered in such form that a judgment may be entered upon it in the state or federal courts located in the State of New York. It is the desire of the parties that if an issue(s) is arbitrated, the arbitrators shall be immediately selected, the hearing or hearings promptly held, and a decision quickly rendered.
