Common use of Dispute Resolution Proceedings Clause in Contracts

Dispute Resolution Proceedings. In the event that the parties are unable to settle their differences or disputes which may arise between them under Section 15.1, above, then either party may submit such dispute ("Dispute") for binding arbitration with the following conditions: (a) the proceeding will be held before a panel of three arbitrators where each party will choose one arbitrator and the third will be selected jointly by the two appointed arbitrators and, where such agreement cannot be reached, by appointment of the Administrator of the American Arbitration Association or his or her designee; (b) except as modified by this Article, the Arbitration Rules of the American Arbitration Association will govern the arbitration; (c) the proceeding will be conducted in the State of New York; (d) the law and common Law of the United States and the State of New York will be applied without regard to New York conflict of laws statutes; (e) the proceeding will be closed except to the parties, their attorneys, representatives, witnesses and experts, all of whom must agree to maintain the confidentiality of the dispute; (f) the existence, proceeding and resolution of the Dispute will be kept confidential by the parties and will only be disclosed to parties and individuals with a need to know of its existence and who will agree to maintain confidentiality; (g) the arbitration will be binding upon the parties unless mutually agreed otherwise in writing; and (h) each party will be responsible for its own costs and expense incurred as a result of, or in connection with the arbitration, including the costs, fees, and expenses of its own representatives and designated arbitrator, in the proceeding, except that the costs of the third arbitrator will be shared jointly by the parties. 44

Appears in 1 contract

Sources: Service Agreement (Republic Airways Holdings Inc)

Dispute Resolution Proceedings. In the event that the parties Parties are unable to settle their differences or disputes which may arise between them under Section 15.114.1, above, then either party Party may submit such dispute ("β€œDispute"”) for binding arbitration with the following conditions: (a) the proceeding will shall be held before a panel of three arbitrators where each party will Party shall choose one arbitrator and the third will shall be selected jointly by the two appointed arbitrators and, where such agreement cannot be reached, by appointment of the Administrator of the American Arbitration Association or his or her designee; ; (b) except as modified by this Article, the Arbitration Rules of the American Arbitration Association will shall govern the arbitration; ; (c) the proceeding will shall be conducted in the State of New York; ; (d) the law and common Law of the United States and the State of New York will shall be applied without regard to New York conflict of laws statutes; ; (e) the proceeding will shall be closed except to the partiesParties, their attorneys, representatives, witnesses and experts, all of whom must agree to maintain the confidentiality of the dispute; ; (f) the existence, proceeding and resolution of the Dispute will shall be kept confidential by the parties Parties and will shall only be disclosed to parties and individuals with a need to know of its existence and who will agree to maintain confidentiality; as permitted by Article 13; (g) the arbitration will shall be binding upon the parties unless mutually agreed otherwise in writing; and and (h) each party will Party shall be responsible for its own costs and expense expenses incurred as a result of, or in connection with the arbitration, including the costs, fees, and expenses of its own representatives and designated arbitrator, in the proceeding, except that the costs of the third arbitrator will shall be shared jointly by the parties. 44Parties.

Appears in 1 contract

Sources: Chautauqua Jet Service Agreement (Republic Airways Holdings Inc)

Dispute Resolution Proceedings. In the event that the parties are unable to settle their differences or disputes which may arise between them under Section 15.1, above, then either party may submit such dispute ("Dispute") for binding arbitration with the following conditions: (a) the proceeding will be held before a panel of three arbitrators where each party will choose one arbitrator and the third will be selected jointly by the two appointed arbitrators and, where such agreement cannot be reached, by appointment of the Administrator of the American Arbitration Association or his or her designee; ; (b) except as modified by this ArticleAritcle, the Arbitration Rules of the American Arbitration Association Assocation will govern the arbitration; ; (c) the proceeding will be conducted in the State of New York; ; (d) the law and common Law law of the United States and the State of New York will be applied without regard to New York conflict of laws statutes; ; (e) the proceeding will be closed except to the parties, their attorneys, representatives, witnesses and experts, all of whom must agree to maintain the confidentiality of the dispute; ; (f) the existence, proceeding and resolution of the Dispute dispute will be kept confidential by the parties and will only be disclosed to parties and individuals with wih a need to know of its existence and who will agree to maintain confidentiality; ; (g) the arbitration will be binding upon the parties unless mutually agreed otherwise in writing; and and (h) each party will be responsible for its own costs and expense incurred as a result of, or in connection with the arbitration, including the costs, fees, and expenses of its own representatives and designated arbitrator, in the proceeding, except that the costs of the third arbitrator will be shared jointly by the parties. 44.

Appears in 1 contract

Sources: Service Agreement (Republic Airways Holdings Inc)