Arbitration. 50 Council for the collective agreement
Arbitration. All disputes between you and Roadsurfer arising out of your rental of a vehicle and the Rental Agreement shall be exclusively adjudicated by binding arbitration through the American Arbitration Association (“AAA”) pursuant to the AAA’s then-current rules for commercial arbitration. There is an impartial arbitrator but no judge or jury in arbitration. Both parties waive the right to jury trial. YOU AND ROADSURFER AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ARBITRATION PROCEEDING. Notwithstanding any provision in the Rental Agreement to the contrary, if the class action waiver in the prior sentence is deemed invalid or unenforceable, neither you nor we are entitled to pursue dispute resolution by binding arbitration. If you are an individual, in the event that (1) your claim is less than $10,000, and (2) you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation. This arbitration agreement is subject to the Federal Arbitration Act. The arbitrator’s award may be entered in any court of competent jurisdiction. Disputes and claims that are within the scope of a small claims court’s authority, as well as disputes and claims regarding personal injury and/or damage to or loss of a vehicle related to your Roadsurfer rental, are exempt from the foregoing dispute resolution provision. FOR RESIDENTS OF CALIFORNIA: NOTICE ABOUT YOUR FINANCIAL RESPONSIBILITY AND OPTIONAL DAMAGE WAIVER You are responsible for all collision damage to the rented vehicle even if someone else caused it or the cause is unknown. You are responsible for the cost of repair up to the value of the vehicle, and towing, storage, and impound fees. Your own insurance, or the issuer of the credit card you use to pay for the vehicle rental transaction, may cover all or part of your financial responsibility for the rented vehicle. You should check with your insurance company, or credit card issuer, to find out about your coverage and the amount of the deductible, if any, for which you may be liable. Further, if you use a credit card that provides coverage for your potential liability, you should check with the issuer to determine if you must first exhaust the c...
Arbitration. For contracts with a Supplier whose main seat of business is situated outside the European Union, all disputes arising out of or in connection with the re- spective contractual relationship shall be subject to arbitration proceedings which are to take place in Hamburg in accordance with the arbitration rules or the “German Maritime Arbitration Association” (GMAA). The award of the tribunal shall be binding to both parties. The tribunal will consist of three arbitra- tors who shall be appointed in accordance with the rules of the GMAA.
Arbitration. 13.1 In the event of any disagreements arising from or in connection with this contractual relationship, the parties will first try to find a solution through a detailed discussion between the contact persons.
13.2 Disagreements that cannot be resolved by the parties should be resolved through arbitration. If one party refuses to conduct arbitration proceedings, it can take legal action in court if it has previously informed the other party of this in writing.
13.3 In order to carry out an arbitration procedure, the parties will call the arbitration board of the Deutscher Multimedia Verband e.V., Xxxxxxxxxx 00 xx 00000 Xxxxxxxxxx, with the aim of resolving the disagreement in whole or in part, provisionally or finally, in accordance with its arbitration rules.
13.4 In order to enable arbitration, the parties mutually waive the defense of the statute of limitations for all claims arising from the disputed facts from the date of the request for arbitration until one month after the end of the arbitration procedure. The waiver results in a suspension of the statute of limitations.
13.5 The dates affected by the arbitration procedure, including the preceding discussion between the contact persons, will be postponed as necessary, taking into account the duration of the arbitration and, if applicable, the duration of the arbitration results to be implemented, plus a reasonable start-up period.
Arbitration. 15.1 If at the time of the respective conclusion of the contract and/or at the time of filing the legal action there is no treaty concerning the enforcement of court decisions between the countries where the contractual parties were established, disputes arising from or in connection with contracts concluded between purchaser and seller, including disputes concerning the question of valid conclusion and the preliminary and retroactive effects of such contracts, shall be decided by a single arbitrator.
15.2 The provisions of §§ 577 to 599 of the Code of Civil Procedure („ZPO“) shall apply, unless determined otherwise below.
15.3 The arbitrator shall be an active Austrian attorney at law.
15.4 Place of arbitration shall be Vienna and language of arbitration shall be German.
15.5 The arbitrator undertakes to send the draft of the arbitration award to the disputing parties in advance to enable them to give their opinion thereon.
Arbitration. Alle Streitigkeiten oder Auseinandersetzungen im Zusammenhang mit diesem Vertrag sind ausschließlich durch Schiedsverfahren vor einem einzigen Schiedsmann in Indianapolis/Indiana/USA gemäß der Schiedsordnung (Commercial Arbitration Rules) des amerikanischen Schiedsgerichtsverbandes zu regeln. Der Schiedsspruch ist für alle Vertragsparteien endgültig und bindend. Der Schiedsspruch kann als Urteil bei jedem zuständigen Gericht eingetragen werden. Any dispute or controversy arising under, related to or in connection with this Agreement shall be settled exclusively by arbitration before a single arbitrator in Indianapolis, Indiana, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator’s award shall be final and binding on all parties to this Agreement. Judgment may be entered on an arbitrator’s award in any court having competent jurisdiction.
Arbitration. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association or of the International Centre for Dispute Resolution in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be the state and county of New York. The language of the arbitration shall be English. There shall be one arbitrator. Each party shall bear its own costs in the arbitration. Shutterstock shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against Customer in the event that, in the opinion of Shutterstock, such action is necessary or desirable. 14. Schiedsverfahren. Jegliche Streitigkeiten oder Ansprüche, die sich aus oder im Zusammenhang mit diesem Vertrag oder Verstößen dagegen ergeben, werden durch ein verbindliches Schiedsverfahren beigelegt, das nach der Schiedsordnung der American Arbitration Association oder des International Centre for Dispute Resolution, die am Datum des Beginns des Schiedsverfahrens in Kraft ist, abgehalten wird, und nicht vor einem ordentlichen Gericht, und jedes beliebige für die Streitigkeit oder die entsprechende Partei oder ihr Vermögen zuständige ordentliche Gericht kann den Schiedsspruch des/der Schiedsrichter(s) für vollstreckbar erklären. Ort des Schiedsverfahrens ist der Staat und das County New York. Das Schiedsverfahren findet in englischer Sprache statt. Es gibt einen einzigen Schiedsrichter. Jede Partei trägt ihre eigenen Kosten für das Schiedsverfahren. Shutterstock ist auch berechtigt, vor jeglichem zuständigen ordentlichen Gericht ein Gerichtsverfahren oder ein billigkeitsrechtliches Verfahren anzustrengen, um eine einstweilige oder sonstige Verfügung gegen den Kunden zu erhalten, falls ein solches Verfahren nach Ansicht von Shutterstock nötig oder wünschenswert ist.
Arbitration. FOR RESIDENTS OF CALIFORNIA: NOTICE ABOUT YOUR FINANCIAL RESPONSIBILITY AND OPTIONAL DAMAGE WAIVER You are responsible for all collision damage to the rented vehicle even if someone else caused it or the cause is unknown. You are responsible for the cost of repair up to the value of the vehicle, and towing, storage, and impound fees. Your own insurance, or the issuer of the credit card you use to pay for the vehicle rental transaction, may cover all or part of your financial responsibility for the rented vehicle. You should check with your insurance company, or credit card issuer, to find out about your coverage and the amount of the deductible, if any, for which you may be liable. Further, if you use a credit card that provides coverage for your potential liability, you should check with the issuer to determine if you must first exhaust the coverage limits of your own insurance before the credit card coverage applies. The cost per day of the optional damage waiver is stated on your Rental Contract, Rental Receipt or other documents which make up the Rental Agreement. You agree to promptly notify us of any accident in which the vehicle is involved and to assist and cooperate with us in the investigation, including any police investigation and handing of such accident or claim of liability against you or us arising out of such accident or otherwise out of your rental. You also agree to promptly advise us of any suit, claim or communication you receive, or which you know another driver of the vehicle receives, that is related to any such accident. You will report any accident or loss involving the car to the police and/or motor vehicle department, as required by local law.
Arbitration. The following terms pertain to arbitration and are added to section 1.15 as they apply for the countries identified in bold print below. The provisions of these paragraphs apply to the extent permitted by applicable governing law and rules of procedure:
a. in Cambodia, India, Laos, Philippines, and Vietnam: Disputes arising out of or in connection with this Agreement will be finally settled by arbitration, which will be held in Singapore in accordance with the Arbitration Rules of Singapore International Arbitration Center (“SIAC Rules”) then in effect. The arbitration award will be final and binding for the parties without appeal and will be in writing and set forth the findings of fact and the conclusions of law. The number of arbitrators will be three, with each side to the dispute being entitled to appoint one arbitrator. The two arbitrators appointed by the parties will appoint a third arbitrator who will act as chairman of the proceedings. Vacancies in the post of chairman will be filled by the president of the SIAC. Other vacancies will be filled by the respective nominating party. Proceedings will continue from the stage they were at when the vacancy occurred. If one of the parties refuses or otherwise fails to appoint an arbitrator within 30 days of the date the other party appoints its, the first appointed arbitrator will be the sole arbitrator, provided that the arbitrator was validly and properly appointed. All proceedings will be conducted, including all documents presented in such proceedings, in the English language. The English language version of this Agreement prevails over any other language version.
b. in the People’s Republic of China: In the event of a dispute, in case no settlement can be reached, the disputes will be submitted to China International Economic and Trade Arbitration Commission for arbitration according to the then effective rules of the said Arbitration Commission. The arbitration will take place in Beijing and be conducted in Chinese. The arbitration award will be final and binding on both parties. During the course of arbitration, this Agreement will continue to be performed except for the part that the parties are disputing and which is undergoing arbitration.
c. in Indonesia: Each party will allow the other reasonable opportunity to comply before it claims that the other has not met its obligations under this Agreement. The parties will attempt in good faith to resolve all disputes, disagreements, or claims between...