Common use of Use of the Courts Clause in Contracts

Use of the Courts. It is the intent of the Parties that the arbitration proceeding shall be conducted expeditiously, without initial recourse to the courts and without interlocutory appeals of the arbitrators' decisions to the courts. However, by agreeing to arbitration, the Parties do not intend to deprive any court with jurisdiction of its ability to issue a preliminary injunction, attachment or other form of provisional remedy in aid of the arbitration and a request for such provisional remedies by a Disputing Party to a court shall not be deemed a waiver of the agreement to arbitrate contained in this Section 22. Any court order compelling arbitration shall require that the arbitration proceedings take place in Mexico City, Mexico as specified above. The Disputing Parties may apply to any court having jurisdiction for orders requiring witnesses to obey subpoenas issued by the arbitrators. Moreover, any and all of the arbitrators' orders and decisions may be enforced if necessary by any court having jurisdiction. The arbitrators' Award may be confirmed in, and judgment upon the Award entered by, any court having jurisdiction.

Use of the Courts. It is the intent of the Parties that the arbitration proceeding shall be conducted expeditiously, without initial recourse to the courts and without interlocutory appeals of the arbitrators' decisions to the courts. However, by agreeing to arbitration, the Parties do not intend to deprive any court with jurisdiction of its ability to issue a preliminary injunction, attachment or other form of provisional remedy in aid of the arbitration and a request for such provisional remedies by a Disputing Party to a court shall not be deemed a waiver of the agreement to arbitrate contained in this Section 22SECTION 10.1. Any court order compelling arbitration shall require that the arbitration proceedings take place in Mexico City, Mexico as specified above. The Disputing Parties may apply to any court having jurisdiction for orders requiring witnesses to obey subpoenas issued by the arbitrators. Moreover, any and all of the arbitrators' orders and decisions may be enforced if necessary by any court having jurisdiction. The arbitrators' Award may be confirmed in, and judgment upon the Award entered by, any court having jurisdiction.