Interpretation and Dispute Resolution Clause Samples

Interpretation and Dispute Resolution. This MoU is aimed at strengthening the existing cooperation between the Participants but in no way it replaces or amends bilateral or multilateral instruments in which the Participants are parties. This MoU will not affect the two countries’ respective rights and obligations under international law or impose any financial obligations on the Participants unless they expressly consent to do so, by writing and always subject to the approval of the competent authorities of each Participant. Any differences arising from the interpretation and implementation of this instrument shall be resolved in good faith, through consultation between the Participants.

Interpretation and Dispute Resolution. (a) Except as respects the exercise or prosecution of claims or causes of action for Equitable Relief, for which the Parties shall have the right to proceed in any court of appropriate jurisdiction, any Dispute not resolved pursuant to (as applicable) Sections 3.1(c)(iv), 7.1(b) or 9.1 between the Parties arising out of or relating to this Agreement, the Related Energy Sales Agreement, the relationship of the Parties created by those agreements, or the breach, validity or enforceability of those agreements shall be resolved by binding arbitration pursuant to the terms of the United States Arbitration Act, whether or not federal jurisdiction is obtained. Any and all arbitration(s) hereunder shall be conducted in Cincinnati, Ohio in accordance with the Commercial Arbitration Rules (the “Rules”) of the American Arbitration Association. (b) Any and all such arbitration(s) shall be conducted by a panel of three (3) neutral arbitrators. The claimant shall appoint an arbitrator when it serves its demand for arbitration, the respondent shall submit an answering statement within thirty (30) days of service of the demand for arbitration and shall at that time appoint an arbitrator, and the two Party-appointed arbitrators shall select a third arbitrator to chair the arbitration within fifteen (15) days after service of the answering statement. If the Party-appointed arbitrators are unable to agree upon a third arbitrator, then the third arbitrator shall be appointed in accordance with the Rules. (c) The arbitration award by the arbitration panel shall be final and binding, shall include interest at the Interest Rate and, unless the arbitrator panel expressly determines them not to be appropriate, shall include costs, including reasonable attorneys’ fees, together with interest at the Interest Rate. Any arbitration award may be enforced by the state or federal courts sitting in Cincinnati, Ohio or any other court of competent jurisdiction (including any jurisdiction in which the Party against whom the award is sought to be enforced holds or keeps assets). (d) Upon the date of an arbitration award pursuant to this Section 9.2, if it is determined that an amount is due from one Party to the other Party, then such amount will be paid to the Party to whom it is due within ten (10) days from the Written determination of the arbitration panel. Overdue payments shall bear interest at the Interest Rate. The failure by such Party to pay any amount due or otherwise take the req...

Interpretation and Dispute Resolution. (a) Any claim or controversy between the parties hereto arising out of or relating to this Agreement or the breach thereof shall be settled by arbitration in Chicago pursuant to the terms of the United States Arbitration Act, or failing federal jurisdiction, the law of the State of Illinois excluding choice of law rules; (b) The Parties shall attempt to agree on the selection of an arbitrator within forty-five (45) days from receipt of notice of intent to arbitrate. If the Parties cannot agree on an arbitrator then either Party may move to have the arbitrator appointed by the United States District Court for the Northern District of Illinois or, failing federal jurisdiction, by the Circuit Court of ▇▇▇▇ County. Time shall be of the essence in nomination of the arbitrator. (c) The arbitration award by the arbitrator shall be final and binding, and may include costs, including reasonable attorney’s fees. The Parties hereby submit themselves to the jurisdiction of the United States District Court for the Northern District of Illinois and the Circuit Court of ▇▇▇▇ County for all matters relating to any arbitration hereunder. These Courts as well as any other court of competent jurisdiction, shall have jurisdiction with respect to the enforcement of any arbitrable award and all other matters relating to any arbitration hereunder. (d) Any arbitration hereunder shall be conducted in accordance with the rules of the American Arbitration Association, unless otherwise agreed by the Parties hereto. (e) Upon settlement of a dispute or arbitration award, if it is determined that an amount is due from one Party to the other, then such amount will promptly be paid to the Party to whom it is due in addition to interest on any such amount accrued form the date such amount is determined to have been due through but excluding the date on which payment of such amount is made, at the Overdue Rate, as of the date such amount is determined to have been due.

Interpretation and Dispute Resolution. This Agreement shall be governed by and construed in accordance with the laws in force in the Emirate of Dubai and the federal laws of the United Arab Emirates. All disputes between the parties hereto in relation to or arising from this Agreement shall be referred to Dubai Courts. For the avoidance of doubt the DIFC laws are excluded and the DIFC courts shall have no jurisdiction in respect of this Agreement.

Interpretation and Dispute Resolution. (a) Except as respects the exercise or prosecution of claims or causes of action for Equitable Relief, for which the Parties shall have the right to proceed in any court of appropriate jurisdiction, any claim, cause of action or dispute between the Parties arising out of or relating to this Agreement or the breach thereof which the Parties are unable to resolve pursuant to (as applicable) Sections 3.3(c), 3.7(f) or 10.1 shall be resolved by arbitration pursuant to the terms of the United States Arbitration Act, whether or not federal jurisdiction is obtained. Subject to Section 10.2(b), any and all arbitration(s) hereunder shall be conducted in New York in accordance with the Commercial Arbitration Rules of the American Arbitration Association. (b) Any and all such arbitration(s) shall be conducted by a panel of three (3) arbitrators. The Parties shall attempt to agree on the selection of the three (3) arbitrators comprising the arbitration panel within forty-five (45) calendar days from receipt of notice of intent to arbitrate. If the Parties cannot agree on the arbitration panel then either Party may move to have the panel appointed by the United States District Court for the Southern District of New York. Time shall be of the essence in the nomination of the arbitration panel. The arbitration award by the arbitration panel shall be final and binding, shall include interest at the Interest Rate if determined to be appropriate by the arbitrator panel and, unless the arbitrator panel expressly determines them not to be appropriate, shall include costs, including reasonable attorney's fees. A judgment to enforce the arbitration award may be entered in any court of appropriate jurisdiction. Notwithstanding the foregoing, claims or causes of action for Equitable Relief shall not be subject to such arbitration, and either Party may employ or exercise freely such claims or causes of action. (c) Upon the date of an arbitration award pursuant to this Section 10.2, if it is determined that an amount is due from one Party to the other Party, then such amount will be paid to the Party to whom it is due within ten (10) calendar days from the date of the written determination of the arbitration panel. Overdue payments shall bear interest at the Interest Rate.

Interpretation and Dispute Resolution. The Management Committee ------------------------------------- shall be responsible for interpreting and applying this Agreement and the obligations imposed on the Parties hereunder. Any dispute, claim or controversy arising out of this Agreement shall be submitted to the Management Committee for resolution. The Management Committee's decision as to any such dispute, claim or controversy shall be final and binding on the Parties. If the Management Committee is unable to resolve such dispute, claim or controversy within thirty (30) days following the date of submission, the Parties may pursue all legal remedies.

Interpretation and Dispute Resolution. The Managing Member shall decide all issues relating to the Company, and shall have sole authority to interpret this Agreement and to resolve all ambiguities relating to the interpretation of this Agreement, in each case in such manner as it deems appropriate in its sole discretion, and all such decisions, interpretations, and resolutions made by the Managing Member shall be conclusive and shall bind all of the Members in all respects.

Interpretation and Dispute Resolution. A. Any Dispute not resolved pursuant to Section 6.1 between the Parties arising out of or relating to this Agreement, or the breach, validity or enforceability of this Agreement shall be resolved by binding arbitration pursuant to the terms of the Federal Arbitration Act, whether or not federal jurisdiction is obtained. Any and all arbitration(s) hereunder shall be conducted in Cincinnati, Ohio in accordance with the Commercial Arbitration Rules (the “Rules”) of the American Arbitration Association. B. Any and all such arbitration(s) shall be conducted by a panel of three (3) neutral arbitrators. The claimant shall appoint an arbitrator when it serves its demand for arbitration, the respondent shall submit an answering statement within thirty (30) days of service of the demand for arbitration and shall at that time appoint an arbitrator, and the two Party-appointed arbitrators shall select a third arbitrator to chair the arbitration within fifteen (15) days after the appointment of the two arbitrators. If the Party-appointed arbitrators are unable to agree upon a third arbitrator, then the third arbitrator shall be appointed in accordance with the Rules. C. The arbitration award by the arbitration panel shall be final and binding, shall include interest at the Interest Rate until the date the award is paid and, unless the arbitrator panel expressly determines them not to be appropriate, shall include costs, including reasonable attorneys’ fees, together with interest at the Interest Rate. Any arbitration award may be enforced by the state or federal courts sitting in Cincinnati, Ohio or any other court of competent jurisdiction in which the Party against whom the award is sought to be enforced holds or keeps assets, and the Parties waive any objection they may have to personal jurisdiction, venue, or forum non-conveniens for any enforcement action brought in such a jurisdiction. If a court enters judgment on an award, the parties agree that interest shall accrue at the Interest Rate rather than a statutory interest rate after the entry of judgment until the award is paid. D. Upon the date of an arbitration award pursuant to this Section 6.2, if it is determined that an amount is due from one Party to the other Party, then such amount will be paid to the Party to whom it is due within ten (10) days from the written determination of the arbitration panel. Overdue payments shall bear interest at the Interest Rate. The failure by such Party to pay any amount d...

Interpretation and Dispute Resolution. The validity, interpretation and enforcement of these terms and and Order will be governed by and construed in accordance with the laws of the United States and of the State of New York without giving effect to the conflicts of laws provisions thereof or the United Nations Convention on Contracts for the International Sale of Goods. In the event the Uniform Computer Information Transactions Act (UCITA) or any similar federal or state laws or regulations are enacted, it will not apply to this Agreement, and the governing law will remain as if such law or regulation had not been enacted. Each party agrees that if a dispute arises in the performance of this Agreement, the parties will make a good faith effort to amicably resolve any dispute before commencing any proceeding. Notwithstanding the foregoing, either party may take any action reasonably required to protect such party’s rights. Any dispute arising under this Agreement which is not resolved through the amicable consultation of the parties will be subject to binding arbitration by a single Arbitrator with the American Arbitration Association (AAA), in accordance with its relevant industry rules, if any. The arbitration will be held in Raleigh, North Carolina. The Arbitrator will have the authority to grant injunctive relief and specific performance to enforce the terms of this Agreement. Judgment on any award rendered by the Arbitrator may be entered in any court of competent jurisdiction. No claim or action, regardless of form, arising out of this these terms or an Order may be brought by either party more than one (1) year after the cause of action has accrued.