Common use of Arbitration Resolution Clause in Contracts

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 be conducted in English.

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 TexasWyoming; 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 Wyoming 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 be conducted in English.