Arbitration Resolution Sample Clauses

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Arbitration Resolution. Any Claim shall be submitted to binding arbitration by a panel of three arbitrators. Seller and Purchaser shall each appoint one arbitrator from the list of approved arbitrators maintained by the American Arbitration Association. The third arbitrator shall be a neutral arbitrator who has not acted for either party (or any Affiliate of either party) within the prior five years, and will be appointed in accordance with the American Arbitration Association Rules then in effect. The arbitration shall be held in San Antonio, Texas, and shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitrators shall determine the Claims of the parties and render a final award in accordance with the substantive law of the State of Texas, excluding the conflicts provisions of such law, except that matters relating to real estate law and local and state environmental law should be determined under the substantive laws of the State of California. The arbitrators shall set forth the reasons for the award in writing.
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Arbitration Resolution. An Arbitration Resolution, executed by Borrower and Guarantor.
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Arbitration Resolution. Excepting Company’s right to terminate this Agreement pursuant to Paragraph 13, any claim, dispute or controversy arising out of or relating to this Agreement, shall be submitted to binding arbitration by the Arbitration Committee of the American Arbitration Association, in accordance with the construction industry rules then in effect. The arbitration hearing shall be held in Houston, ▇▇▇▇▇▇ County, Texas, on at least twenty (20) business days prior written notice to the parties. There shall be three arbitrators, with each party selecting one; the third arbitrator, who shall be the chairman of the panel, shall be selected by the two party‑appointed arbitrators. The claimant shall name its arbitrator in the demand for arbitration and the responding party shall name its arbitrator within thirty (30) days after receipt of the demand for arbitration. The third arbitrator shall be named within thirty (30) days after the appointment of the second arbitrator. The Arbitration Committee of the American Arbitration Association shall be empowered to appoint any arbitrator not named in accordance with the procedure set forth herein. Each arbitrator will be qualified by at least ten (10) years experience in the natural gas and/or electric construction and engineering industry. The decision of the arbitrators shall be final and binding upon the parties without the right of appeal to the courts. In deciding the substance of any such claim, dispute or disagreement, the arbitrators shall apply the substantive Laws of the State of Texas; provided, however, except as is otherwise provided in this Agreement, that the arbitrators shall have no authority to award consequential damages or punitive damages under any circumstances (whether it be exemplary damages, treble damages, or any other penalty or punitive type of damages) regardless of whether such damages may be available under Texas Law, the parties hereby waiving their right, if any, to recover consequential damages or punitive damages in connection with any such claims, disputes or disagreements. The award rendered by the arbitrators shall be final and judgment thereon may be entered by any court having jurisdiction thereof. The costs and expenses of the arbitration (including reasonable attorneys’ fees) will be borne by the losing party, unless the arbitrators determine that it would be manifestly unfair to honor this agreement of the parties and determine a different allocation of costs. Arbitration proceedings shall...
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Arbitration Resolution. Any claim, dispute, or controversy arising out of or relating to this LSA or the breach or termination thereof, not settled in accordance with the provisions of Section 6.1 (or Section 5.4(b) in the case of disputes regarding the approval of an AOP) shall be submitted to binding arbitration, which arbitration shall apply the Rules for Non-Administered Arbitration of the International Institute for Conflict Prevention & Resolution (“CPR”) in effect on the date hereof and, to the extent not inconsistent therewith, the procedural laws of the State of Texas, unless the Parties mutually agree otherwise. (a) Minor Disputes shall be resolved in the following manner: (i) The Party that wishes to submit a Minor Dispute that the Parties are unable to resolve pursuant to Section 6.1 (or Section 5.4(b) in the case of disputes regarding the approval of an AOP) to arbitration under this Section 6.2 shall notify the other Party of the object of the Minor Dispute. (ii) Within five (5) days after such notice, the Parties shall jointly notify the applicable Expert. Minor Disputes related solely to accounting issues shall be referred to an Accounting Expert. Minor Disputes related solely to legal issues shall be referred to a Legal Expert. All disputes regarding the approval of an AOP and all other Minor Disputes, including any Minor Disputes that involve accounting and/or legal issues together with other non-accounting/non-legal issues, shall be referred to a Mining Expert. If the Parties are unable to agree on the selection of the Expert or if either Party fails to join in the joint notification of the selected Expert, then the Expert shall be selected by the CPR using the criteria set forth above and/or notified by the CPR. (iii) Within fifteen (15) days after the notice to such Expert, each Party shall submit to the Expert a written position statement with respect to the issues in dispute. Such statements shall include a short summary of the Party’s position along with a statement of such Party’s last best offer with respect to the resolution of the issue, if any. Any applicable accounting guidelines or other materials may be included with the submission. If required by the Expert, on a day determined by the Expert on or before the 10th day after the notice to the Expert, the Parties shall meet with the Expert at a place in Houston, Texas, determined by the Expert and shall make such presentation and/or shall answer such queries as the Expert shall determine. The Expert ...
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Arbitration Resolution. 21.2.1 After following the procedure in clause 21.1, any claim, dispute or controversy arising out of or relating to this Contract (other than a dispute to which the Fast Track Arbitration provisions of clause 21.3 apply) shall be submitted to binding arbitration under the Rules of Conciliation and Arbitration of the International Chamber of Commerce. The Parties shall cooperate in good faith in providing to the Arbitrator any information reasonably needed to resolve the dispute. No discovery proceedings shall be allowed. 21.2.2 The arbitration shall be held in Singapore and shall be conducted in the English language. If the amount of any asserted claim or counterclaim does not exceed the arbitration shall be conducted before a single arbitrator in accordance with the expedited procedures and rules of the Rules of Conciliation and Arbitration of the International Chamber of Commerce. In all other cases unless otherwise agreed, there shall be three arbitrators, with each Party selecting one; the third arbitrator, who shall be the chairman of the panel, shall be selected by the two Party-appointed arbitrators. The claimant shall name its arbitrator in the demand for arbitration and the responding party shall name its arbitrator within ten (10) days after receipt of the demand for arbitration. The third arbitrator shall be named within ten (10) days after the appointment of the second arbitrator. 21.2.3 The award rendered by the arbitration shall be final and binding upon the Parties without the right of appeal to the courts and judgement thereon may be entered and enforced by any court having jurisdiction thereof.
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Arbitration Resolution. Any Claim shall be submitted to binding arbitration before a single arbitrator conducted by JAMS-Endispute, Santa Monica, California in accordance with its then-current rules and procedures. The arbitration shall be held in Los Angeles, California. Sellers and Purchaser shall attempt to select a mutually agreed to individual to serve as the single arbitrator within fifteen (15) days following the date that either party receives a notice to arbitrate. Within five (5) business days after Purchaser or Sellers receive a notice to arbitrate, Purchaser and Sellers shall provide the other with a list of three (3) names of current JAMS-Endispute arbitrators. If the name of one arbitrator is listed by each party, the parties agree to use that arbitrator. If more than one arbitrator is on the list, the parties shall use the arbitrator with the lowest hourly rate. If Sellers and Purchaser do not list one of the same arbitrators on the respective lists, they shall request the Santa Monica, California office of JAMS-Endispute to submit to them a list identifying five (5) of its members qualified to conduct an arbitration involving the issue raised in the notice to arbitrate, in accordance with JAMS’ Comprehensive Arbitration Rules & Procedure. Sellers, on the one hand, and Purchaser, on the other hand, may each strike two (2) persons from the list. If Sellers and Purchaser are unable to select an arbitrator from the remaining persons on the list (for example, if there is more than one individual remaining on the list), JAMS-Endispute shall select the arbitrator. The arbitrator shall determine the Claims of the parties and render a final award in accordance with the law of the State of California. The arbitrator shall set forth the reasons for the award in writing.
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Arbitration Resolution 
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Related to Arbitration Resolution

  • Disputes Resolution It is the intent of the parties to communicate on a regular basis in a positive and effective manner. The parties agree to communicate areas of concern as they arise and to address those concerns in a professional manner. Any disputes between the Commission and the School which arise under, or are by virtue of, this Contract and which are not resolved by mutual agreement, shall be decided by the full Commission in writing, within 90 calendar days after a written request by the School for a final decision concerning the dispute; provided that where a disputes resolution process is defined for a particular program area (e.g., IDEA, Section 504, etc.), the Parties shall comply with the process for that particular program area; and further provided that the parties may mutually agree to utilize the services of a third-party facilitator to reach a mutual agreement prior to decision by the full Commission. Subject to the availability of an appeal under Ch. 302D, HRS, or BOE administrative rules or procedures, any such decision by the full Commission shall be final and conclusive.

  • Dispute Resolution; Arbitration (a) At the option of Company or Executive, and to the extent permitted by applicable law, any dispute, controversy or question arising under, based on or relating to this Agreement, or any breach or failure to comply with the terms hereof (each a “Dispute”), shall be finally and exclusively resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules (the “AAA Rules”). Unless otherwise agreed by the Parties, arbitration of any Dispute shall be conducted before a single arbitrator selected by the Parties and the forum and venue for such arbitration shall be AAA’s Los Angeles Regional Center in Los Angeles, California. Each Party hereby submits to AAA and the selected forum for the arbitration of any Dispute, waives any objection to the venue of such arbitration, and agrees that service of process and other notices, pleadings and documents in any arbitration or proceeding hereunder may be delivered to a Party in accordance with the provisions governing “Notices” in this Agreement. (b) If the Parties are unable to agree upon a neutral arbitrator within thirty (30) days after a Party notifies the other Party in writing of its intent to submit a Dispute to arbitration, either Party may apply to AAA for the appointment of an arbitrator or, if AAA is not then in existence or declines to act, either Party may apply to the Presiding Judge of the Superior Court of any county in the State of California for the appointment of a neutral arbitrator to hear the Parties and settle the Dispute and such Judge is hereby authorized to make such appointment. (c) If the Parties so agree in writing, and subject to the consent of the single arbitrator, hearings and proceedings conducted in the arbitration of any Dispute hereunder may be conducted remotely by secure video conferencing technology that is acceptable to the Parties. (d) The decision or award of the arbitrator shall be in writing and shall set forth detailed reasoning for the award. Discovery shall be conducted expeditiously, bearing in mind the objective of limiting discovery and expediting the decision or award of the arbitrator at the most reasonable cost and expense to the Parties. The decision of the arbitrator shall be final, conclusive and binding on the Parties and no action at law or in equity shall be instituted or, if instituted, prosecuted by either Party other than to enforce the award of the arbitrator. Judgment upon an award rendered pursuant to such arbitration may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award and/or an order of enforcement, as the case may be.

  • Grievance Resolution If a grievance is resolved at Step 2 or 3 in the procedure as provided herein, the grievant concerned shall indicate acceptance of the resolution by affixing his/her signature in the appropriate space indicated. If the employee has been represented by the Union at the Step of the procedure at which a resolution is reached, the Union representative shall also sign the appropriate document acknowledging that the employee has accepted the resolution. Decisions on grievances where an employee represents him/herself shall not be considered precedent setting or binding with regard to any future grievances filed with respect to the same or similar matters.

  • GRIEVANCE PROCEDURE & ARBITRATION It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible. If an employee has a complaint related to an alleged violation of the Collective Agreement may at option discuss it with immediate supervisor within three (3) days after the circumstances giving rise to the complaint (grieved action) have occurred or have or ought to have reasonably come to the attention of the employee. The Supervisor shall give a response to the complaint within three (3) days. These discussions will not establish precedent. Failing settlement, or failing a response to the complaint, it may be taken up as a grievance in the following manner and sequence: Procedure: Any employee or group of employees, for whom the Union is the bargaining agent, may refer grievances to the appropriate Union ▇▇▇▇▇▇▇ covered under this Collective Agreement. Grievances must be filed within fifteen (15) working days of grieved act or except where both parties agree to an extension of time. There is no grievance until an employee has reported complaint to the Supervisor. The grievance form shall contain a statement giving particulars of the grieved action, a statement as to the remedy sought and the provisions of the Agreement alleged to have been breached, provided that this does not preclude the or Employer from relying upon other provisions of the Agreement. Step Grievance form is completed in duplicate and signed by the employee and Union ▇▇▇▇▇▇▇, presented to the Supervisor by the Union ▇▇▇▇▇▇▇ and (at their option). Both copies are to be returned by the Supervisor with signed comments to the Union ▇▇▇▇▇▇▇ within three (3) working days. Once a grievance has been filed no Supervisor or Employer Official shall discuss said grievance with the grieved employee except in the presence of a ▇▇▇▇▇▇▇ or Union Official. Step If satisfaction is not obtained in Step the Union ▇▇▇▇▇▇▇, within five (5) working days, may refer the grievance to the Department Manager or designate, who will meet and discuss the grievance with the Union ▇▇▇▇▇▇▇, (at their option) and the Human Resources Consultant then render a decision in writing on the prescribed forms within five

  • Amicable Resolution (a) Save where expressly stated to the contrary in this Agreement, any dispute, difference or controversy of whatever nature between the Parties, howsoever arising under, out of or in relation to this Agreement (the "Dispute") shall in the first instance be attempted to be resolved amicably in accordance with the procedure set forth in Clause 12.1 (b). (b) Either Party may require such Dispute to be referred to the Authority, and the Chief Executive Officer/Director/Partner of the Developer for the time being, for amicable settlement. Upon such reference, the two shall meet at the earliest mutual convenience and in any event within 15 days of such reference to discuss and attempt to amicably resolve the Dispute. If the Dispute is not amicably settled within 15 (fifteen) days of such meeting between the two, either Party may refer the Dispute to arbitration in accordance with the provisions of Clause 12.2.