Multiple Proceedings Clause Samples
The Multiple Proceedings clause establishes rules to prevent or manage the simultaneous pursuit of the same dispute in more than one legal forum or proceeding. Typically, it restricts parties from initiating or continuing parallel litigation or arbitration related to the same subject matter, ensuring that a dispute is resolved in a single, agreed-upon venue. This clause is essential for avoiding conflicting decisions, reducing legal costs, and streamlining the resolution process by ensuring that all related claims are handled together.
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Multiple Proceedings. Where an- other matter involving the patent is before the Office, the Board may during the pendency of the inter partes review enter any appropriate order regarding the additional matter including pro- viding for the stay, transfer, consolida- tion, or termination of any such mat- ter.
Multiple Proceedings. No action or proceeding brought or instituted under this Agreement and no recovery pursuant thereto shall be a bar or defence to any further action or proceeding which may be brought under this Agreement.
Multiple Proceedings. 1. The Arbitration Tribunal shall dismiss a claim by a claimant who has submitted a claim to any domestic or international court or tribunal concerning the same treatment as that alleged to breach the provisions of this Agreement, unless the claimant withdraws such pending claim.
2. Together with the submission of a claim the claimant shall provide:
(a) evidence that it has withdrawn any pending proceedings before any domestic or international court or tribunal under domestic or international law concerning the same treatment as that alleged to breach the provisions of Section 2 of this Agreement; and
(b) a declaration that it will not initiate any proceeding before any domestic or international court or tribunal under domestic or international law concerning the same treatment as that alleged to breach the provisions of Section 2 of this Agreement.
3. For the purposes of paragraphs 1 and 2 above, the term "claimant" includes the investor and, if applicable, its locally established enterprise. In addition, for the purposes of paragraphs 1 and 2(a), the term "claimant" also includes all persons who, directly or indirectly, have an ownership interest in or are controlled by the investor or its locally established enterprise, as applicable, and claim to have suffered the same loss or damage as the investor or the locally established enterprise, as applicable.
Multiple Proceedings. 1. The Arbitration Tribunal shall dismiss a claim by a claimant who has submitted a claim to any domestic or international court or tribunal concerning the same treatment as that alleged to breach the provisions of this Agreement, unless the claimant withdraws such pending claim. This paragraph does not apply if the claimant submits a claim to a domestic court or tribunal seeking interim injunctive or declaratory relief.
2. Together with the submission of a claim the claimant shall provide:
(a) evidence that it has withdrawn any pending proceedings before any domestic or international court or tribunal under domestic or international law concerning the same treatment as that alleged to breach the provisions of this Agreement; and
(b) a declaration that it will not initiate any proceeding before any domestic or international court or tribunal under domestic or international law concerning the same treatment as that alleged to breach the provisions of this Agreement.
Multiple Proceedings. No suit, action, litigation, claim, prosecution, investigation, inquiry, hearing or other proceeding brought or instituted under this Agreement and no recovery pursuant thereto shall be a bar or defence to any further suit, action, litigation, claim, prosecution, investigation, inquiry, hearing or other proceeding which may be brought under this Agreement.
Multiple Proceedings. In the case of appeals brought by more than one Dealer concerning a finding by Nissan's Sales Department of the need for an additional Dealer, the Board may determine such appeals jointly or separately, as the Chairman may determine.