The Arbitration Proceeding Clause Samples

The Arbitration Proceeding. (a) The parties to this Agreement agree that the Arbitration Proceeding shall take place in New York, London or Geneva, the seat of the Arbitration shall be England, the relationship between the parties to this Agreement is commercial in nature, and that any Disputes shall be deemed commercial. The provisions governing the procedure of the Arbitration Proceedings are as set out in Sections 10.6, 10.7 and 10.8 herein may be varied only with the written agreement of each of the parties to the Arbitration Proceedings. (b) The parties to this Agreement agree that the following procedures shall apply to the Arbitration Proceeding: (i) The party that sent the Dispute Notice shall make the necessary arrangements for the taking of a stenographic record of the hearing. (ii) All papers, documents or evidence, whether written or oral, filed with or presented to the Arbitrator shall be deemed by the parties to this Agreement and by the Arbitrator to be confidential information. No party to this Agreement or Arbitrator shall disclose in whole or in part to any other person or entity any confidential information submitted in connection with the Arbitration Proceeding, except to the extent reasonably necessary to assist in the arbitration, or to prepare for the arbitration of the Dispute, or to the extent necessary to enforce an award made by the Arbitrator. (iii) The Arbitration Proceeding shall be conducted in the English language and all documents, exhibits and other evidence shall be translated into English. (iv) There shall be no prehearing discovery of any kind. (v) The parties to the Arbitration Proceeding shall each be permitted to submit a written statement in support of their position no later than five days after the Arbitration Proceeding has commenced. Parties to the Arbitration Proceeding may submit answering statements within three days of the submission of the parties' initial written statements. No further written statements shall be submitted, unless required by the Arbitrator. (vi) The hearing, if necessary, shall occur within fifteen days of the commencement of the Arbitration Proceeding. The parties to the Arbitration Proceeding will encourage the Arbitrator to dispense with holding a hearing. (vii) PwCIL and LuxCo, and any other parties to the Arbitration Proceeding, shall each pay an equal share of the fees and expenses of the Arbitrator and the costs of the Arbitration Proceeding. Each party to the Arbitration Proceeding shall otherwise pay its ow...

The Arbitration Proceeding. The arbitration must be filed with one of the following neutral arbitra- tion forums: American Arbitration Association or JAMS. That organi- zation will apply its code of procedures in effect at the time the arbi- tration claim is filed. If there is a conflict between that code and this arbitration provision and/or this agreement, this arbitration provision and this agreement will control. If JAMS or the AAA is unable to han- dle the claim for any reason, then the matter shall be arbitrated by a neutral arbitrator selected by agreement of the parties (or, if the par- ties cannot agree, selected by a court in accordance with the FAA).

The Arbitration Proceeding. Subject to the exclusions identified above, either you or we may elect to resolve a Claim through arbitration, even if one of the parties has already initiated litigation in court related to the Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court. The arbitration must be filed with one of the following neutral arbitration forums: American Arbitration Association (“AAA”) or JAMS. For AAA, the arbitration will be conducted in accordance with the AAA Consumer Due Process Protocol in concert with the AAA Consumer Arbitration Rules. The AAA Consumer Arbitration Rules can be obtained on the AAA website free of charge at ▇▇▇▇▇://▇▇▇.▇▇▇/sites/default/files/Consumer%20Rules.pdf. Other information about arbitrating a Claim under AAA, including fees and costs and how to submit a dispute to arbitration, may be obtained by calling AAA at ▇-▇▇▇-▇▇▇-▇▇▇▇ or visiting its website at ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/. For JAMS, the arbitration will be conducted in accordance with the JAMS Comprehensive Arbitration Rules & Procedures. The JAMS Comprehensive Arbitration Rules & Procedures can be obtained on the JAMS website free of charge at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇.▇▇▇/rules-comprehensive-arbitration/. Other information about arbitrating a Claim under JAMS, including fees and costs and how to submit a dispute to arbitration, may be obtained by calling JAMS at ▇-▇▇▇-▇▇▇-▇▇▇▇ or visiting its website at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇.▇▇▇/. If there is a conflict between a particular provision of the AAA or JAMS Rules and this arbitration provision and/or this agreement, this arbitration provision and this agreement will control. If JAMS or the AAA is unable or unwilling to handle the Claim for any reason, then the matter shall be arbitrated by a neutral arbitrator selected by agreement of the parties (or, if the parties cannot agree, selected by a court in accordance with the FAA). A Claim in an arbitration proceeding may be decided by the arbitrator based on the parties’ written submissions. If a hearing is necessary as determined by the Arbitrator, it may be conducted by telephone or by video, if the parties have such capabilities. Otherwise, arbitration shall be conducted in the county and state where you signed the Agreement, you reside, or another reasonably convenient place to you as determined by the arbitrator, unless applicable laws require another location.