Terms of Arbitration. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement.
Terms of Arbitration. The arbitrator chosen in accordance with -------------------- these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement.
Terms of Arbitration. (a) The Tribunal need not follow strict rules of evidence; provided that each party shall, except for good cause shown, be afforded the right of cross-examination and redirect examination of any witness of the other party, in the manner provided by the Tribunal.
(b) The Tribunal shall make its decision based upon this Agreement, including the laws of the State of Tennessee as provided in Section 16.04, and giving due regard to the customs and practices of the insurance and reinsurance industries.
(c) The parties agree that the arbitration will be confidential, and thus, neither they nor their attorneys, advisors, agents or employees acting on their behalf will issue a press release, hold a press conference, make affirmative statements to the media or otherwise disclose to a third party (other than disclosure to Affiliate(s) of a party on a need-to-know basis and such Affiliate(s) is/are informed of the confidential nature of such information and is/are instructed to keep such information confidential) information made known and documents produced in the arbitration not otherwise in the public domain, evidence and materials created for the purpose of the arbitration and awards arising from the arbitration, except and to the extent that disclosure is required by Applicable Law or regulation, is required to protect or pursue a legal right or is required to enforce or challenge an award in legal proceedings before a court or other competent judicial authority.
Terms of Arbitration. All claims, disputes and other matters in question arising out of this agreement, and not otherwise resolved in accordance with the XXXXX Procedural Guide, shall be submitted to arbitration in Harrisburg, Pennsylvania, in accordance with the Commercial Arbitration rules of the American Arbitration Association then in effect, unless the parties mutually agree otherwise.
Terms of Arbitration. All claims, disputes, and other matters in question arising out of this Agreement and not otherwise resolved in accordance with the XXXXX Procedural Guide, shall be submitted to arbitration in Silver Spring, Maryland, in accordance with the Commercial Arbitration rules of the American Arbitration Association then in effect, unless the parties mutually agree otherwise.
Terms of Arbitration. Arbitrations under this Policy will be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. The parties shall attempt to agree upon an arbitrator who shall hear and decide the dispute. If the parties are unable to agree upon a mutually acceptable arbitrator, they shall select an arbitrator through the procedures established by the Rules. Both parties will be entitled to discovery and to be represented by counsel if they choose. RegeneRx will pay the arbitrator’s costs and fees. RegeneRx and the employee or former employee each is solely responsible for its own attorneys’ fees and costs incurred (such as for production of documents, witness fees, transcripts, depositions, etc.), unless the arbitrator shall order the award of attorney’s fees and costs in accordance with the applicable law.
Terms of Arbitration. Notice: The Party requesting arbitration shall do so by written notice to the other Party(ies).
Terms of Arbitration. (a) The party wanting to refer the dispute for arbitration (the “Disputing Party"), shall notify the other party (the “Other Party") in writing of the nature and extent of the dispute.
(b) Within fifteen (15) days of receipt of the notice required in Article 8.2(a), the Other Party shall advise the Disputing Party in writing of all matters referred to in the initial notice, except those for which the Other Party admits responsibility and proposes to take corrective action. The Other Party shall then take corrective action within a period of time agreed to between the Parties.
(c) The terms of reference for arbitration will be those matters referred to in the initial notice which remain in dispute.
(d) Immediately following identification of the terms of reference, the Parties shall meet and attempt to appoint a sole arbitrator. If the Parties refuse to meet, or having met, are unable to agree on a single arbitrator, then within fifteen (15) days of written demand from either party, each party shall appoint one (1) arbitrator in writing, and the two (2) arbitrators shall, within five (5) days of their appointment, appoint a third member to be known as the Chairman of the Arbitration Committee.
(e) If either party fails to appoint an arbitrator, then the opposite party may apply to a Justice of the Court of Queen's Bench of Alberta to have an arbitrator appointed.
(f) If the two (2) arbitrators fail to appoint a Chairman, then both Parties, or either of them, may apply to a Justice of the Court of Queen's Bench of Alberta to have the Chairman appointed.
(g) Within fifteen (15) days of the appointment of a sole arbitrator or the Arbitration Committee, as the case may be, or within a further time period if agreed upon by both Parties, the sole arbitrator or the Arbitration Committee, as the case may be, shall resolve all matters in accordance with the terms of reference.
(h) The sole arbitrator or the Arbitration Committee, as the case may be, may obtain the assistance, advice, or opinions of engineers, surveyors, appraisers, or other experts as they may deem fit, and may act upon the assistance, advice, or opinions of any such individuals.
(i) Each of the arbitrators may provide a separate written decision with full reasons. The decision of the majority of the Arbitration Committee will be the decision of the Arbitration Committee, but if no majority exists, then the decision of the Chairman will be considered to be the decision of the Arbitration Committee.
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Terms of Arbitration. If the dispute is not resolved pursuant to section 13.2(b) (“Mediation”), or if the Disputing Parties both consent in writing to proceed directly to arbitration, then the Disputing Parties may engage in binding arbitration pursuant to the Commercial Arbitration Act (Canada) and Commercial Arbitration Code annexed thereto, and the following provisions apply:
Terms of Arbitration. The arbitrator chosen in accordance with these provisions shall not have the power to alter, amend or otherwise affect the terms of these arbitration provisions, or any other documents that are executed in connection therewith. Negotiation, mediation or arbitration under this Section 11.3(c) shall be the sole and exclusive remedy of the parties for any claim arising out of this Agreement for which a specific dispute resolution or mechanism is not otherwise applicable, provided, however, that a party may seek a preliminary injunction or other preliminary relief if in its judgment such Action is necessary to avoid irreparable damages. Any such Action may only be brought in the Superior Court for the County of Los Angeles County, California. Despite such Action, the parties will continue to participate in good faith in the procedures specified in this Section 11.3.
