A rbitration Clause Samples
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A rbitration. If there is any dispute arising out of this Submission Agreement, or the Program, including a dispute about the validity, operation, meaning or breach hereof, the dispute between the parties (the “Dispute”) shall be submitted to final and binding arbitration, which shall constitute the sole dispute resolution mechanism hereunder and Writer irrevocably waives any rights to seek other relief at law or equity. The arbitration shall be controlled by the terms of this agreement, on an individual and not class basis only, and any award favorable to Writer shall be limited to the fixing of compensation for Company’s use of the submitted Material, which shall bear a reasonable relation to compensation normally paid to persons of Writer’s present stature and experience for Company’s use of similar material. The arbitration shall be initiated and conducted according to the JAMS Streamlined (for claims under $250,000) Arbitration Rules and Procedures, except as modified herein and except that the arbitrator shall be an arbitrator experienced in the entertainment industry and licensed to practice law in California or a retired judge, including the Optional Appeal Procedure, at the Los Angeles office of JAMS, or its successor (“JAMS”) in effect at the time the request for arbitration is made (the “Arbitration Rules”). The arbitration shall be conducted in Los Angeles County before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator shall follow California law and the Federal Rules of Evidence in adjudicating the Dispute. The parties waive the right to seek punitive damages and the arbitrator shall have no authority to award such damages. The arbitrator's decision and authority shall be controlled by the terms of this agreement. No award may exceed the minimum rate that would be due, if any, under the Writers Guild of America Theatrical and Television Basic Agreement in effect as of the date hereof (the “WGA Agreement”), for the relevant network, time period, and type of program (so-called "bargain rates," and not to include minimums payable for pilot scripts, back-up scripts or spin-offs). Writer agrees that Writer can suffer no damages in excess of these amounts from Company’s use of the Material or for any other claim with respect to it. Writer understands that Writer’s sole remedy in any arbitration or any other proceeding relating to this agreement or the Material is money damages; in particular, Writer expressly waives th...
A rbitration. 1. If the Parties fail to resolve the Dispute in mediation, and a Party desires to pursue resolution of the Dispute, the Dispute shall be submitted by either Party for resolution in arbitration pursuant to the then current CPR Non - Administered Arbitration Rules (“ CPR Rules ”) (www . cpradr . org), except where they conflict with these provisions, in which case these provisions control . The arbitration will be held in New York, New York . All aspects of the arbitration shall be treated as confidential . 2. The arbitrators will be chosen form the CPR Panel of Distinguished Neutrals, unless a candidate not on such panel is approved by both Parties . Each arbitrator shall be a lawyer with at least 15 years experience with a law firm or corporate law department of over 25 lawyers or who was a judge of a court of general jurisdiction . To the extent that the Dispute requires special expertise, the Parties will so inform CPR prior to the beginning of the selection process . 3. The arbitration tribunal shall consist of three arbitrators, of whom each Party shall designate one in accordance with the “screened” appointment procedure provided in CPR Rule 5 . 4 . The chair will be chosen in accordance with CPR Rule 6 . 4 . 4. If, however, the aggregate award sought by the Parties is less than $ 5 million and equitable relief is not sought, a single arbitrator shall be chosen in accordance with the CPR Rules . 5. Candidates for the arbitrator position(s) may be interviewed by representatives of the Parties in advance of their selection, provided that all Parties are represented .
A rbitration. Any dispute concerning the interpretation or application of the provisions of this Sideletter, including the alleged breach of its terms, shall be subject to the dispute resolution procedures set forth in Attachment 2 (“Rules Governing Arbitration”) to the Franchise Agreement.
A rbitration. Any disputes, differences or questions, which may arise at any time hereafter between the Company and the Subscriber touching the true construction of this Agreement or performance of the obligations or enforcing any rights and/or liabilities of the Parties hereunder, shall be first amicably resolved between the Parties within 30 (thirty) days from the date on which such dispute was raised by a Party and communicated to the other Party in writing failing which the dispute shall be referred to a sole arbitrator of the Indian Council of Arbitration (ICA). The arbitration shall be conducted in accordance with the Rules of Arbitration of the Indian Council of Arbitration and shall be subject to the provisions of the Arbitration and Conciliation Act, 1996, as amended or any statutory modifications or re-enactment thereof for the time being in force. The venue of such arbitration shall be at Mumbai and the Courts at Mumbai alone shall have exclusive jurisdiction to deal with the arbitration proceedings and the awards in accordance with law. The arbitration proceedings shall be conducted in English language. The award passed by the arbitrators shall be final and binding upon the Parties.
A rbitration. Any dispute, difference, controversy or claim touching or arising out of or relating to any contract for the sale of Deliverables hereunder or a breach thereof, which cannot be resolved over a period of at least ninety days shall be resolved by arbitration conducted in the English language in Seattle, Washington and administered by American Arbitration Association ("AAA") or Judicial Arbitration and Mediation Service ("JAMS"). There shall be a single arbitrator appointed by the AAA/JAMS. The prevailing party in any such proceeding shall be entitled to an award of its reasonable attorneys' fees and other costs, including the fees and expenses of the arbitrator and AAA/JAMS, provided that the same may be apportioned by the arbitrator if he or she determines that each party has prevailed in part. The arbitrator's decision shall be final and binding upon the parties, and the award made by the arbitrator may be filed in any court of competent jurisdiction and execution issued thereof. Nothing in this paragraph shall limit the right of Company to exercise at any time self-help remedies under the UCC as adopted in Washington.
A rbitration. If any difference shall arise between the parties hereto relative to the interpretation of this contract or the performance of any of the covenants thereof, or in the event the Contractor shall be dissatisfied with the value of added or omitted work as computed by the Engineer, such differences or the value of such work shall be determined by arbitration as follows:
(a) The parties in the first instance may in agreement submit any differences calling for arbitration to three arbitrators, one to be selected by each of the parties hereto, and the two thus chosen to select a third; or upon failure to agree upon a third arbitrator, and within ten days after such failure to agree:
(b) Either party hereto may make written application to the Judge of the ▇▇▇▇▇ County Court, for the appointment of, and who shall appoint, a third disinterested person of skill and experience in the construction and management of work similar to that covered by this contract. To the three thus selected shall be committed the final decision of the point or points in controversy by a majority vote. Said arbitrators, before entering upon their duties, shall take an oath that they have no interest of any kind in any part of this contract, or the subject matter thereof, or the results of any question arising hereunder, and that they will faithfully and honestly discharge the duties committed to them. The expense of such arbitration shall be borne equally by the parties hereto.
(c) If arbitration is agreed upon, the parties shall be bound to complete the arbitration and be bound by the decision of the arbitrators.
A rbitration. In the event of any dispute between the parties regarding this Agreement, the parties shall submit to binding arbitration, conducted in Washington, DC or in Virginia within 25 miles of Washington, DC. The arbitration shall be conducted pursuant to the rules of the American Arbitration Association. Each of the parties shall select one arbitrator, who shall not be related to, affiliated with or employed by that party. The two arbitrators shall, in turn, select a third arbitrator. The decision of any two of the arbitrators shall be binding upon the parties, and may, if necessary, be reduced to judgment in any court of competent jurisdiction. Notwithstanding the foregoing, the parties expressly agree that nothing herein in any way precludes Company from seeking injunctive relief or declaratory judgment through a court of competent jurisdiction with respect to a breach (or an alleged breach) of any covenant not to compete or of any confidentiality covenant contained in this Agreement. In the event the Executive pursues arbitration pursuant to this Section herein, the Executive shall be compensated up to $150,000 in legal costs.
A rbitration. If the Association is not satisfied with the disposition of the Assistant Superintendent, the grievance may be submitted to its Voluntary Labor Arbitration Association in accordance with its Voluntary Labor Arbitration Rules, provided such request is made within thirty (30) calendar days of receipt of the Assistant Superintendent’s disposition.
a. The powers and authority of the arbitrator are subject to the following limitations:
i. The arbitrator shall have no authority to add to, subtract from, change or modify any provision of this Agreement, but shall be limited solely to the interpretation and application of the provisions contained herein.
ii. The arbitrator shall have no authority to consider or rule on any employee’s evaluation and/or rule on the continued employment of a probationary employee.
iii. The arbitrator shall have no authority to change a practice, policy or rule of the Board nor substitute his/her judgment for that of the Board or as to the reasonableness of any action taken by the Board, except when such practice, policy or rule is specifically limited by the terms of this Agreement.
iv. The decision of the arbitrator may be appealed by either party to this agreement provided such appeal is filed with a court of competent jurisdiction within (20) calendar days after receipt of the arbitrator’s decision. In the event neither party to this Agreement appeals the arbitrator’s decision within the two (2) day appeal period, the arbitrator’s decision shall become final and binding thereafter.
A rbitration. 1. A grievance as defined in Article 10 which has not been resolved thereunder and where a party desires to arbitrate the matter shall, within twenty-one (21) calendar days after the completion of Step 3 of the Grievance Procedure, be referred for arbitration by the Union or the Employer by directing a written demand therefor to the American Arbitration Association (AAA), with a copy of said notice to the other party. The arbitrator shall be selected from a panel of arbitrators furnished by AAA. The arbitration and selection of the arbitrator shall be conducted in conformity with AAA rules; provided, however, the parties shall request from AAA a list of twelve arbitrators located within one hundred twenty-five (125) miles of the greater Cincinnati area.
A rbitration. Any dispute or controversy based on, arising under or relating to this Agreement shall be settled exclusively by final and binding arbitration, conducted before a single neutral arbitrator in Houston, Texas in accordance with the Employment Arbitration Rules and Mediation Procedures of the American Arbitration Association (the “AAA”) then in effect. Due to the interstate nature of the Company’s operations, the parties agree that the Federal Arbitration Act shall apply to this Agreement. Arbitration may be compelled, and judgment may be entered on the arbitration award in any court having jurisdiction; provided, however, that the Company shall be entitled to seek a restraining order or injunction in any court of competent jurisdiction to prevent any continuation of any violation of the provisions of Section 7, and the Executive hereby consents that such restraining order or injunction may be granted without requiring the Company to post a bond (or, if required by applicable law, a bond of $500). Only individuals who are (a) lawyers engaged full-time in the practice of law and (b) on the AAA roster of arbitrators shall be selected as an arbitrator. Within twenty (20) days of the conclusion of the arbitration hearing, the arbitrator shall prepare written findings of fact and conclusions of law. The arbitrator shall be entitled to award any relief available in a court of law. Each party shall bear its own costs and attorneys’ fees in connection with an arbitration; provided that the Company shall bear the cost of the arbitrator and the AAA’s administrative fees.