Arbitration Matter definition

Arbitration Matter means any disputed matter that relates to or arises out of the validity, interpretation or construction of, or the compliance with or breach of, this Agreement; provided that such disputed matter has been considered, but not resolved, by the Executive Officers as set forth in Section 13.3. For clarity, no Publication Dispute, or any matter requiring mutual agreement of both Parties shall be an Arbitration Matter.

Arbitration Matter means any disputed matter that relates to or arises out of the validity, interpretation or construction of, or the compliance with or breach of, this Agreement; provided that such disputed matter has been considered, but not resolved, by the Executive Officers as set forth in Section 13.3(a). For clarity, no JDC Dispute that is subject to Sections 2.8(a) or 2.8(b), no Publication Dispute nor any other matter requiring mutual agreement of both Parties shall be an Arbitration Matter.

Arbitration Matter has that meaning ascribed to it in Section 20.2;

Examples of Arbitration Matter in a sentence

• In no event shall an arbitration be initiated after the date when commencement of a legal or equitable proceeding based on the Arbitration Matter would be barred by the applicable New York statute of limitations.

• The arbitration shall commence upon any party sending to any other party to this Agreement a notice in writing (the "Arbitration Notice") demanding arbitration and specifying the issue(s) to be arbitrated and all relief sought (the "Arbitration Matter").

• The Arbitration Panel shall diligently, expeditiously, and in good faith hear and decide the Arbitration Matter under consideration, within the limits and subject to the standards set forth in this Agreement.

• Either Party also may, without waiving any right or remedy under this Agreement, seek from any court having jurisdiction any injunctive or provisional relief necessary to protect the rights or property of that Party pending resolution of the Arbitration Matter pursuant to this Section 14.1. The arbitrators shall have no authority to award punitive or any other type of damages not measured by a Party’s compensatory damages.

• Any arbitration of an Arbitration Matter under this Agreement shall be shall be conducted under the auspices of the American Arbitration Association by a panel of three (3) arbitrators pursuant to that organization’s Commercial Arbitration Rules then in effect.

More Definitions of Arbitration Matter

Arbitration Matter has the meaning set forth in Section 14.1.

Arbitration Matter shall have the meaning set forth in Section 15.7.4.

Arbitration Matter means any Dispute, other than a Commercial/Financial Dispute and a JDC Dispute referred to in Section 3.7(b); provided that such Dispute has been considered, but not resolved, by the Executive Officers as set forth in Section 15.1(a). For clarity, neither a JDC Dispute, nor any matter hereunder for which final decision making authority is granted to one Party or the other, nor any Publication Dispute, nor any other matter expressly requiring mutual agreement of both Parties shall be an Arbitration Matter.

Arbitration Matter means a matter contemplated in section 4A(2)(a) of the Act which has been referred for arbitration;

Arbitration Matter is defined in Section 11.1(a). “Arbitration Notice” is defined in Section 11.2.

Arbitration Matter means any Dispute other than a Patent Matter or Expert Dispute, to the extent such Dispute (a) requires a determination as to the validity (including any claim of inducement of this Agreement by fraud or otherwise), application, interpretation or construction of, the compliance with, termination of, or breach of, this Agreement or any Ancillary Agreement or (b) is designated as an Arbitration Matter hereunder or under any Ancillary Agreement, provided that, in each case ((a) and (b)), such Dispute has been referred to, but not resolved by mutual agreement of, the Executives pursuant to Section 20.6 or, in the case of an Arbitration Matter related to the determination of an Estimated Yield Rate, the Manufacturing Executives pursuant to Annex M-1. For clarity, nothing in this Section 1.22 is intended to impair or nullify either Party’s final decision-making authority or right to consent with respect to any matter for which such Party is expressly stated to have final decision-making authority or right to consent under this Agreement.

Arbitration Matter means any disputed matter (a) that relates to or arises out of the validity, interpretation or construction of, or the compliance with or breach of, this Agreement or any Co-Promotion Agreement; (b) that came before the JEC pursuant to Section 2.2(h) (provided that any dispute relating to the Approved Marketing Materials may be submitted to arbitration only with respect to the issue of whether specific proposed updates are Required Updates); (c) as to whether, for purposes of Section 2.6(e), a proposal by one Party’s member(s) to reverse or modify a decision of the JEC or such Operating Committee with respect to a matter previously presented to it for decision is based on new information or changed circumstances relevant to the applicable JEC or Operating Committee decision; or (d) that is designated as an Arbitration Matter hereunder or under any Co-Promotion Agreement; provided that, in each case ((a) through (d)), such disputed matter has been considered, but not resolved, by the Executives pursuant to Section 2.6. Notwithstanding the foregoing, (i) no disputed matter relating to or arising out of the interpretation or construction of the Pricing Rules or the Discount Rules shall constitute an Arbitration Matter, and (ii) a disputed matter relating to or arising out of compliance with or breach of a Party’s obligations with respect to providing pricing information to the EU Pricing Discount Committee or to the other Party pursuant to the Pricing Rules shall not constitute an Arbitration Matter unless and until it has been finally determined pursuant to Section 4.1(e) that such Party provided inaccurate pricing information to the EU Pricing Discount Committee, in which case such matter shall constitute an Arbitration Matter solely for the limited purposes of (A) determining whether the applicable breach or lack of compliance arose from the gross negligence or intentional misconduct of such Party and (B) determining appropriate remedies, if any.