ARBITRATION AND DISPUTE RESOLUTION Clause Samples

ARBITRATION AND DISPUTE RESOLUTION. 1. In the event disputes arise between them (other than claims that Employee may have for workers' compensation or unemployment insurance benefits, or claims based on any state or federal law that have been determined by the controlling judicial authority of appropriate jurisdiction not to be arbitrable pursuant to pre-dispute arbitration agreements such as this arbitration provision), both Parties will be bound by this arbitration clause which provides for final and binding arbitration for disputes arising out of or relating to the Employee's employment with the Company, the termination of Employee's employment, and/or any agreements previously or hereafter entered into between Employee and the Company. The parties shall arbitrate such disputes under the most recently issued National Rules for the Resolution of Employment Disputes of the American Arbitration Association. All disputes shall be resolved by a single arbitrator, who shall be an attorney duly admitted to practice in California, selected by the Company and the Employee. Notwithstanding the foregoing, unless otherwise prohibited by applicable law, each party retains the right to file, in a court of competent jurisdiction, an application for provisional injunctive and/or equitable relief in connection with a claim described above as subject to these arbitration provision, including any claims relevant to the application for provisional relief, and shall not be obligated to post a bond or other security in seeking such relief unless specifically required by law. 2. Once the arbitration has commenced, both the Company and the Employee shall have the right to conduct normal civil discovery, the extent and quantity of such shall be subject to the discretion of the selected arbitrator. The arbitrator shall have the exclusive authority to resolve any issues relating to the arbitrability of the dispute or the validity or interpretation of this arbitration provision, to rule on motions to dismiss and/or motions for summary judgment applying the standards governing such motions under the California Code of Civil Procedure, and shall be empowered to award either Party any remedy at law or in equity that the prevailing party would otherwise have been entitled to had the matter been litigated in court. The arbitrator shall issue a decision or award in writing, stating the essential findings of fact and conclusions of law. Judgment on the award rendered by the arbitrator may be entered in any court having jur...

ARBITRATION AND DISPUTE RESOLUTION. 16 ARTICLE XI. TERM AND AMENDMENT OF AGREEMENT 17 11.01 Full Termination by ▇▇▇▇ ▇▇ 11.01(a) Events of Default 17 11.01(b) MSRC Termination of Resources 17 11.01(c) Reinstatement Option 17 11.02 Covered Entity Termination of Resources 17 11.03 Term of the Agreement 18 11.03(a) Term 18 11.03(b) MSRC Termination of Agreement 18 11.03(c) COMPANY Termination of Agreement 18 11.03(d) Provisions Surviving Termination 18 11.04 Successors and Assigns 18 11.05 Modification and Waiver 19 11.05(a) Prior Understandings and Amendment 19 11.05(b) Waiver 19 12.01 Notices 19 12.02 Counterparts and Severability 19 12.02(a) Counterparts as Originals 19 12.02(b) Enforceability not Impaired 19 12.03 Governing Law 19 12.04 Private Contract 19 12.05 Standard Contract 19 12.06 Usage 19 12.07 Definitions and Defined Terms 20 12.08 COMPANY and Covered Entity Obligations and Rights 20 12.08(a) Covered Entity Obligations 20 12.08(b) Company Performance of Covered Entity Obligations 20 12.08(c) Exercise of Rights 20 12.08(d) References, Employees and Contractors 20 12.08(e) No Rights to Enforce 20 Schedule 1 Schedule 2 Schedule 3 Schedule 4 Schedule 5 Schedule 6 Schedule 7 Schedule 8 Schedule 9 Defined Terms (12/16/13) Financial Responsibility (3/21/97) Resources and Rates (8/15/11) Acceptable Responder Immunity States (1/1/08) Form of Contractor Indemnification Agreement (Schedule 5 - 9/27/96; Schedule 5A –8/15/11) List of MSRC Integral Subcontractor Service Categories and Indemnified Integral Subcontractors (1/1/08) MSRC Insurance Coverage (1/1/08) List of P&I Clubs (1/1/08) Arbitration Provisions (1/1/08) WSMC Member MSRC Service Agreement - December 16, 2013

ARBITRATION AND DISPUTE RESOLUTION. THE PARTIES WAIVE THEIR RIGHT TO SEEK REMEDIES IN COURT, INCLUDING ANY RIGHT TO A JURY TRIAL, WITH RESPECT TO ANY DISPUTE CONCERNING DETERMINATION OF THE ADJUSTMENTS TO THE PURCHASE PRICE UNDER SECTIONS 1.5(a) AND 1.7 ONLY. The parties agree that in the event Buyer and the Shareholders' Representative are unable to resolve a dispute concerning determination of the Adjustments to the Purchase Price, such dispute shall be resolved exclusively by arbitration to be conducted in O'Neill, Nebraska in accordance with the provisions of Nebraska statutes for arbitration of civil disputes. Either party may appoint an arbitrator and give notice to the other party. Within ten (10) days of receipt of such notice the other party shall appoint an arbitrator and the two arbitrators so appointed shall, within ten (10) days of appointment of the second arbitrator, appoint a third arbitrator. All three arbitrators shall be attorneys or certified public accountants with at least ten (10) years experience in the handling of business sales and acquisitions of a similar nature to the present transaction. The three arbitrators shall conduct a hearing and shall issue an award which shall be final and binding on the parties, and judgment may be entered on it in any court of competent jurisdiction as otherwise provided by law. In no event shall the arbitrators award punitive damages. The preceding portion of this Section does not apply to any dispute relating to any other provision of the Agreement, or to any other aspect of the transactions contemplated herein, and such other disputes may be resolved by the parties by any means available, including without limitation court action and a jury trial. The parties expressly do not waive any right to pursue any remedy available with respect to any dispute other than one concerning determination of the adjustments to the Purchase Price under Sections 1.5(a) and 1.7, and expressly do not waive the right to trial with respect any other dispute.

ARBITRATION AND DISPUTE RESOLUTION. If a dispute arises between the parties relating to the interpretation or performance of the Agreement or the grounds for the termination thereof, the parties agree to meet to try to resolve the dispute. Such meeting will be attended by individuals with decision-making authority to attempt, in good faith, to negotiate a resolution of the *** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the commission. dispute prior to pursuing other available remedies. If, within thirty days after such a meeting, the parties have not succeeded in negotiating a resolution of the dispute, either party may request that such dispute be resolved through final and binding arbitration. Such arbitration will be conducted by three (3) arbitrators familiar with the wireless telecommunications industry and will be held in San Francisco, California, in accordance with the then-current Rules of Conciliation and Arbitration of the American Arbitration Association. Such arbitrators will be selected by mutual agreement of the parties, or failing such agreement, each party will select one arbitrator and the two selected arbitrators will usually agree upon the selection of a third arbitrator. The arbitrators will be bound to apply California law, and where applicable, federal statutory law. The parties will be afforded a reasonable period of time to conduct discovery prior to the arbitration. A court reporter will be present at all arbitration proceedings in order to transcribe them and such transcription will be the official record of such proceedings for purposes of any judicial enforcement or review proceeding. The arbitrators' decision will be binding on the parties and will specify the basis for any award and the types of damages awarded. The parties will bear the cost of such arbitration equally and the prevailing party in any such arbitration will be entitled to reasonable attorneys fees, in addition to any other award ordered by the arbitrators. The prevailing party in any judicial enforcement or review proceeding shall also be entitled to reasonable attorneys' fees and costs, in addition to any other award ordered by the court. If judicial enforcement is sought by either party, judgment may be entered in any court of competent jurisdiction. This Article shall survive any expiration or termination of the Agreement and shall continue to be enforceable in the event of the bankruptcy of a party.

ARBITRATION AND DISPUTE RESOLUTION. Any dispute or controversy, either arising in the future or in existence now, between me and you (including your officers, directors, employees or agents and the introducing broker, if applicable) will be resolved by arbitration conducted before the Financial Industry Regulatory Authority (FINRA), subject to the jurisdiction of the Securities and Exchange Commission (SEC) pursuant to the FINRA Arbitration Code, and in accordance with the Federal Arbitration Act (Title 9 of the United States Code).

ARBITRATION AND DISPUTE RESOLUTION. 7.1 Save as otherwise provided in this agreement, any dispute (including whether a breach is material or not) arising from or in connection with this agreement shall be resolved in the following manner: 7.1.1 either party shall be entitled to give the other party 7 (seven) days notice calling a meeting of the parties to resolve the dispute in such notice; 7.1.2 each party shall be entitled to appoint 2 (two) representatives from amongst its Directors or employees to be present at such meeting; 7.1.3 in the event that the dispute is not resolved at such a meeting, either party shall be entitled to refer the matter for arbitration in accordance with provisions of this clause 7. 7.2 Subject to clause 7.1 above any dispute arising out of this agreement or the interpretation thereof, both while in force and after its termination, shall be submitted to and determined by arbitration. Such arbitration shall be held in Pretoria unless otherwise agreed to and shall be held in a summary manner with a view to it being completed as soon as possible. 7.3 There shall be one arbitrator who shall be, if the question in issue is: 7.3.1 primarily an accounting matter, an independent chartered accountant; 7.3.2 primarily a legal matter, practicing Senior Counsel; 7.3.3 primarily a technical matter, a suitable qualified person; and 7.3.4 any other matter, a suitable qualified person. 7.4 The appointment of the arbitrator shall be agreed upon between the parties, but failing agreement between them within a period of 14 (fourteen) days after the arbitration has been demanded, either of the parties shall be entitled to request the Chairman for the time being of the Arbitration Foundation of South Africa to make that appointment who, in making his appointment, shall have regard to the nature of the dispute. 7.5 Subject to the other provisions of this clause 7, each arbitration shall be held in accordance with the Rules of the Arbitration Foundation of South Africa and the provisions of the Arbitration ▇▇▇, ▇▇▇▇, as amended. The arbitrator shall be obliged to give in writing the reason for any decision made by him in the course of the arbitration. 7.6 The parties agree that any interim or final award by an arbitrator shall be in terms of the Rules of the Arbitration Foundation of South Africa. The award shall be subject to a right of Appeal. The Appeal shall be considered by a panel of three appeal arbitrators, agreed upon in writing between the Parties, or in the absence of an agr...

ARBITRATION AND DISPUTE RESOLUTION. In the event of any dispute, controversy or claim arising out of or in connection with this Agreement between any or all of the Parties, including any question regarding its existence, validity, interpretation, implementation, alleged breach of terms of this agreement or anything done or omitted to be done pursuant to this agreement or termination, or the legal relationships established by this Agreement (the “Dispute”), the parties to the dispute (the “Disputing Parties”) shall in the first instance seek to resolve the matter amicably through discussion among them. In the event that the Dispute is unresolved within 10 days of commencement of discussion (or such longer period that may be mutually agreed upon by the Parties to the Dispute in writing) by amicable arrangement and compromise, such Dispute shall be resolved by the arbitration proceedings referred to in this clause.

ARBITRATION AND DISPUTE RESOLUTION. 15. 1 In the event a dispute, controversy or claim arising out of or in relation to or in connection with the existence, validity, interpretation, implementation, termination, enforceability, alleged breach or breach of this Agreement or the Engagement Letters, including any non-contractual disputes or claims, (the “Dispute”), the Parties to such Dispute shall attempt, in the first instance, to resolve such Dispute through amicable discussions among such disputing parties. In the event that such Dispute cannot be resolved through amicable discussions within a period of seven (7) Working days after the first occurrence of the Dispute, the Parties (the “Disputing Parties”) shall, by notice in writing to each other, refer the Dispute to binding arbitration to be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended (the “Arbitration Act”). 15. 2 Any reference of the Dispute to arbitration under this Agreement shall not affect the performance of terms, other than the terms related to the matter under arbitration, by the Parties under this Agreement and the Engagement Letters. 15. 3 The arbitration shall be conducted as follows: a. all proceedings in any such arbitration shall be conducted, and the arbitral award shall be rendered, in the English language; b. all Disputes between the Parties arising out of or in connection with this Agreement shall be referred to or submitted to arbitration in Mumbai, India; c. the arbitration shall be conducted by a panel of three arbitrators. Each disputing party shall appoint one arbitrator within a period of thirty (30) Working Days from the initiation of the Dispute and the two (2) arbitrators shall appoint the third or the presiding arbitrator. In the event that there are more than two (2) disputing parties, then such arbitrator(s) shall be appointed in accordance with the Arbitration Act; and each of the arbitrators so appointed shall have at least five years of relevant experience in the area of securities and/or commercial laws; d. the arbitrators shall have the power to award interest on any sums awarded; e. the arbitration award shall state the reasons on which it was based; f. the arbitration award shall be final, conclusive and binding on the Disputing Parties and shall be subject to enforcement in any court of competent jurisdiction; g. the disputing Parties shall share the costs of such arbitration proceedings equally unless otherwise awarded or fixed by the arbitra...

ARBITRATION AND DISPUTE RESOLUTION. Mediation in Advance of Arbitration