Arbitrable Matter definition

Arbitrable Matter means any dispute concerning the validity, interpretation or construction of, compliance with, or breach of (other than a breach of Sections 12.1, 12.2, 15.1, 15.2 and 15.3), this Agreement, including any dispute with respect to whether either Party is entitled to terminate this Agreement, in whole or as to any country. For clarity, Arbitrable Matters do not include Litigable Matters.
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Arbitrable Matter has the meaning set forth in Section 13.13.2.
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Arbitrable Matter means any dispute concerning the validity, interpretation or construction of, failure to comply with, or breach of, this Agreement, including: (a) any dispute concerning whether the exercise by a Party of its final decision-making authority complies with this Agreement or whether a matter is within such final decision-making authority; (b) any dispute over whether a matter or decision by any Subcommittee or working group is within the scope of the decision-making responsibility of such Subcommittee or working group; (c) any dispute as to whether a tactical or operational decision made by a Party is (x) within the scope of or consistent with an approved plan or with any delegation of responsibility to such Party by the applicable Subcommittee or working group, or (y) in compliance in all material respects with applicable Law; (d) any dispute with respect to whether a Party is entitled to terminate this Agreement; (e) any determination of negligence, gross negligence, recklessness and willful misconduct under this Agreement; and (f) Arbitrable Matters also include any provision of this Agreement that expressly provides for arbitration under this Section 13.13.
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Examples of Arbitrable Matter in a sentence

  • Any Arbitrable Matter that is not resolved pursuant to Section 16.1, shall be settled by binding arbitration to be conducted as set forth below in this Section 16.2.

  • Except as provided in Section 7.3(c) with respect to an Arbitrable Matter or Section 10.13 with respect to a Specified Dispute, any Dispute not resolved pursuant to Section 7.2 shall, at the written request of any Party (a “Mediation Request”), which Mediation Request shall be given to the other Party in the manner set forth in Section 10.5, be submitted to binding mediation.

  • Any party to this Agreement may initiate an Arbitration of any Arbitrable Matter.

  • The arbitrator(s) shall resolve the Arbitrable Matter and make a determination within ten (10) Business Days after the date the Hearing is concluded.

  • All disputes between or among parties relating to this Agreement (a "Dispute"), which have not been otherwise resolved (such unresolved Dispute hereafter referred to as an "Arbitrable Matter"), shall be exclusively and finally resolved by arbitration by a single arbitrator agreed upon by the parties to the Arbitrable Matter (the "Arbitrator").

  • If the parties are unable to agree upon a single arbitrator, each of the parties to the Arbitrable Matter shall select an arbitrator, with a third (3rd) arbitrator selected by the arbitrators chosen by the parties.

  • Any Arbitrable Matter shall be subject to arbitration, regardless of whether it arose before or after your receipt of this notice.

  • You and we agree to attempt to informally settle any Arbitrable Matter If that cannot be done despite both parties’ reasonable efforts, either you or we may elect, without the other’s consent, to require that any dispute between us concerning any Arbitrable Matter be resolved by binding arbitration administered by a neutral arbitrator (as set forth in Sections 7 and 8 below).

  • Any questions about whether a dispute, claim or issue is an Arbitrable Matter subject to arbitration shall be resolved by interpreting this arbitration provision in the broadest way the law will allow it to be enforced.

  • Any party to the Arbitrable Matter may enter such order in any court of competent jurisdiction.


More Definitions of Arbitrable Matter

Arbitrable Matter is defined in Section 10.9.
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Arbitrable Matter means any dispute concerning the validity, interpretation or construction of, compliance with, or breach of (other than a breach of Sections 12.1, 12.2, 15.1, 15.2 and 15.3), this Agreement, including without limitation: (i) any dispute with respect to whether either Party is entitled to terminate this Agreement, in whole or as to any country, pursuant to Section 13.3; (ii) any dispute with respect to whether either Alder is entitled to terminate this Agreement, in whole or as to any country, pursuant to Section 13.4; (iii) any dispute or determination regarding a possible Adverse Impact in accordance with Section 16.1(f); (iv) any determination as to whether a product is a Competing Product and/or whether a Party is in violation of Article 11; and (v) any determination as to whether a pending claim is a Valid Claim; provided, that Arbitrable Matters shall not include Litigable Matters.
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Arbitrable Matter means any dispute concerning the validity, interpretation or construction of, compliance with, or breach of (other than a breach of Sections 12.1, 12.2, 15.1, 15.2 and 15.3), this Agreement, including without limitation: (i) any dispute with respect to whether either Party [***], pursuant to Section [***]; (ii) any dispute with respect to whether either Alder [***], pursuant to Section [***]; (iii) any dispute or determination regarding a possible [***] in accordance with Section [***]; (iv) any determination as to whether a product is [***] and/or whether [***]; and (v) any determination as to whether [***]; provided, that Arbitrable Matters shall not include [***].
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Arbitrable Matter shall have the meaning provided in Section 15.1.
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Arbitrable Matter means (a) any Unresolved DO Matter concerning whether the exercise by BMS of its final decision-making authority pursuant to Section 2.7.3(e) or Section 16.1.5 complies with such sections or whether a matter is within such final decision making-authority, (b) any dispute as to whether Medarex provided a Good-Faith R&D Budget in bad faith pursuant to Section 3.8.5, (c) any dispute as to whether a Party is in material breach of any obligation as Lead Manufacturing Party under this Agreement as set forth in Section 14.2.4, and (d) any dispute as to whether a breach of a material obligation or a breach of this Agreement is a material breach thereof for purposes of Section 14.5 (but not for purposes of any other Sections of this Agreement).
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Arbitrable Matter has the meaning set forth in Subsection 7.15(a) of this Agreement.
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Related to Arbitrable Matter

  • Arbitrable Dispute means any dispute arising under or in connection with this Agreement.

  • Agreement Disputes shall have the meaning set forth in Section 10.1.

  • Formal Dispute means a written objection by an Interested Party to any of the following: i. A solicitation or other request by OGS for offers for a contract for the procurement of commodities, services or technology. ii. The cancellation of the solicitation or other request by OGS. iii. An award or proposed award of the Contract by OGS. iv. A termination or cancellation of an award of the Contract by OGS. v. Changes in the scope of the Centralized Contract by the Commissioner. vi. Determination of “materiality” in an instance of nonperformance or contractual breach. vii. An equitable adjustment in the Centralized Contract terms and/or pricing made by the Commissioner during a Force Majeure event.

  • Dispute means any dispute, controversy, claim or difference of whatever nature arising out of, relating to, or having any connection with this Agreement, including a dispute regarding the existence, formation, validity, interpretation, performance or termination of this Agreement or the consequences of its nullity and also including any dispute relating to any non-contractual rights or obligations arising out of, relating to, or having any connection with this Agreement.

  • dispute resolution proceeding ’ means any process in which an alternative means of dispute resolution is used to resolve an issue in controversy in which a neutral is appointed and specified parties participate;

  • Dispute Board (DB) means the person or persons named as such in the SCC appointed by agreement between the Procuring Entity and the Contractor to make a decision with respect to any dispute or difference between the Procuring Entity and the Contractor referred to him or her by the Parties pursuant to GCC Sub-Clause 46.1 (Dispute Board) hereof.

  • Mediation means any process in which a mediator facilitates communication and negotiation between the parties to assist them in reaching a voluntary agreement regarding their dispute.

  • trade dispute means any dispute or difference between employers and workmen, or between workmen and workmen, connected with the employment or non-employment, or the terms of employment, or with the conditions of labour, of any person;

  • Legal Dispute means any action, suit or proceeding between or among the Parties arising in connection with any disagreement, dispute, controversy or claim arising out of or relating to this Agreement or any related document.

  • Arbitration Tribunal means an organ composed of an odd number of persons known as arbitrators, who decide on the solution of a conflict in which the parties have expressly waived recourse to the ordinary civil courts

  • Unresolved Claim means a Claim, which at the relevant time, in whole or in part: (a) has not been Finally Determined to be a Proven Claim in accordance with the Amended Claims Procedure Order and this Plan; (b) is validly disputed in accordance with the Amended Claims Procedure Order; and/or (c) remains subject to review and for which a Notice of Allowance or Notice of Revision or Disallowance (each as defined in the Amended Claims Procedure Order) has not been issued to the Creditor in accordance with the Amended Claims Procedure Order as at the date of this Plan, in each of the foregoing clauses, including both as to proof and/or quantum;

  • Tax Dispute has the meaning set forth in Section 5.06.

  • Arbitration means any arbitration whether or not administered by a permanent arbitral institution;

  • Alternative dispute resolution means mediation, arbitration, conciliation, or other nonjudicial procedure that involves a neutral party in the decisionmaking process. The form of alternative dispute resolution chosen pursuant to this article may be binding or nonbinding, with the voluntary consent of the parties.

  • Indemnification Claim Notice has the meaning set forth in Section 11.3.

  • Claim Notice has the meaning set forth in Section 8.4(a).

  • Labor dispute as used here, means a strike, lockout, or other labor dispute between the Employer and its Employees, during which time the Employee is not paid by the Employer.

  • Dispute Period shall have the meaning specified in Section 9.3(a).

  • Third Party Claim Notice shall have the meaning set forth in Section 6.5(a).

  • Technical Dispute has the meaning specified in Section 12.2;

  • Relevant Dispute means any difference between the parties arising out of or in connection with this contract; "Relevant Force Majeure Event" has the meaning ascribed to it in Clause 17.1;

  • Arbitration Notice has the meaning set forth in Section 9.13.

  • Disputes means any dispute, claim or controversy arising out of, connected with or relating to this Agreement or any other Loan Document, between or among parties hereto and to the other Loan Documents.

  • Dispute Resolution Process means the process described in clause 9

  • Accounting Arbitrator has the meaning set forth in Section 2.6(c).

  • Disagreement means a difference of opinion between personnel of a reporting issuer responsible for finalizing the reporting issuer’s financial statements and the personnel of a predecessor auditor responsible for authorizing the issuance of audit reports on the reporting issuer’s financial statements or authorizing the communication of the results of the auditor’s review of the reporting issuer’s interim financial report, if the difference of opinion