Resolution by Arbitration Clause Samples
The Resolution by Arbitration clause establishes that any disputes arising under the agreement will be settled through arbitration rather than through court litigation. Typically, this clause outlines the process for selecting arbitrators, the rules governing the arbitration, and the location where proceedings will take place. By mandating arbitration, the clause provides a private, often faster and less formal method for resolving conflicts, thereby reducing the time and costs associated with traditional legal proceedings and ensuring a clear, agreed-upon path for dispute resolution.
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Resolution by Arbitration. In the event that a dispute remains unresolved within ten (10) Business Days of being referred to the senior management of the parties for negotiation or resolution, then either party may initiate arbitration of the dispute pursuant to the terms hereof. Subject to any matters or issues specifically excluded from arbitration pursuant to the provisions of Section 17.3 hereof, any dispute that has proceeded through senior management without resolution shall be submitted for arbitration in accordance with the following requirements:
(a) the party seeking to initiate arbitration shall give written notice thereof to the other party and shall set forth a brief description of the matter submitted for arbitration;
(b) within ten (10) days of receipt of the notice of arbitration, the parties acting in good faith shall attempt to agree upon a single arbitrator for the purposes of conducting the arbitration;
(c) in the event that the parties cannot agree upon a single arbitrator within the period set forth in Section 17.2(b) above, then the party initiating the arbitration shall forthwith nominate one arbitrator and thereupon notify the other party in writing of such nomination and the other party shall, within ten (10) days of receipt of such notice of nomination, nominate one arbitrator and the two arbitrators so nominated shall select a third arbitrator to act as chairman of the arbitration tribunal to act jointly with them. The parties will act reasonably and in good faith to select arbitrators who are objective and who are suitably qualified by education or experience to deal with the matters in issue;
(d) any arbitration conducted pursuant to this Agreement shall take place in the city of Edmonton and the parties shall meet with the arbitrator or the arbitration panel as the case may be, in order to establish procedures which shall govern the conduct of the arbitration and the rendering of the decision by the arbitrator or the arbitration panel;
(e) the decision of the single arbitrator, or a majority of the arbitration panel, as the case may be, in respect of all matters of procedure and with respect to the matter in issue shall be final and binding upon the parties;
(f) the costs of the arbitration shall be borne as between the Operator and AHS in the manner specified in the arbitrator‟s decision or, in the absence of any direction by the arbitrator, costs shall be borne equally;
(g) except as modified by this Agreement, the provisions of the Arbitration Act (...
Resolution by Arbitration. (i) If Parent and the Stockholders’ Representative do not resolve to their mutual satisfaction all disputed adjustments in the Notice of Disagreement within 15 days following the meeting provided for in Section 1.4(d), any remaining disputed adjustments that were included in the Notice of Disagreement will be settled by ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ LLP (or, if such accounting firm shall decline to act or is not, at the time of submission thereto, independent of Parent or the Company, to another independent accounting firm of national reputation mutually acceptable to Parent and the Stockholders’ Representative) (either ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ LLP or such other accounting firm being the “Independent Accounting Firm”) in accordance with the following provisions of this Section 1.4(e). Neither Parent nor the Company (A) has, in the three-year period prior to the date of this Agreement, engaged the Independent Accounting Firm to perform any services in excess of $100,000 in any 12-month period for any such Person (other than acting as an independent arbitrator in a similar capacity as the Independent Accounting Firm) or (B) will engage the Independent Accounting Firm to perform any service for such Person (other than acting as an independent arbitrator in a similar capacity as the Independent Accounting Firm) prior to the finalization of the Final Statement pursuant to this Section 1.4.
(ii) As soon as reasonably practicable following the engagement of the Independent Accounting Firm, Parent and the Stockholders’ Representative will furnish the Independent Accounting Firm with a copy of this Agreement, the Financial Statements, the Estimated Closing Adjustment Statement, the Preliminary Statement, the Notice of Disagreement and any other relevant correspondence between the Parties. Parent and the Stockholders’ Representative will also give the Independent Accounting Firm:
1) position papers outlining such Party’s respective arguments and supporting documentation for such Party’s position, provided, however, that Parent’s positions, arguments and computations must not be inconsistent with those set forth in the Preliminary Statement or agreed to with the Stockholders’ Representative pursuant to Section 1.4(d) above (and the Independent Accounting Firm will not consider any that are inconsistent), and the Stockholders’ Representative’s positions, arguments and computations must not be inconsistent with those set forth in the Notice of Disagreement or agreed to with Parent pursuant to ...
Resolution by Arbitration. In the event that a dispute remains unresolved within ten (10) business days of being referred to the senior management of the parties for negotiation or resolution, then either party may initiate arbitration of the dispute pursuant to the terms hereof. Subject to any matters or issues specifically excluded from arbitration pursuant to the provisions of Section 19.3 hereof, any dispute that has proceeded through senior management without resolution may be submitted for arbitration in accordance with the following requirements:
(a) the party seeking to initiate arbitration shall give written notice thereof to the other party and shall set forth a brief description of the matter submitted for arbitration;
(b) within ten (10) business days of receipt of the notice of arbitration, the parties acting in good faith shall attempt to agree upon a single arbitrator for the purposes of conducting the arbitration;
Resolution by Arbitration. 3.1 If a Dispute is referred to arbitration pursuant to Section 2.1 of this Schedule C, the Dispute shall be resolved by arbitration in accordance with the Arbitration Act, 1991 (Ontario).
3.2 Disputes referred to arbitration shall be resolved by a single arbitrator unless one of the Parties, by notice in writing delivered to the other Party within five (5) Business Days after a notice to arbitrate pursuant to Section 2.1 of this Schedule C has been delivered, expressly requires that the Dispute that is the subject of that notice to arbitrate be resolved by a three
Resolution by Arbitration. If a Dispute is referred to arbitration pursuant to Section 2.1 of this Schedule C, the Dispute shall be resolved by arbitration in accordance with the Arbitration Act, 1991 (Ontario).
Resolution by Arbitration. If a Dispute is referred to arbitration pursuant to Section 2.1 of this Schedule C, the Dispute shall be resolved by arbitration in accordance with the Arbitration Act, 1991 (Ontario). Disputes referred to arbitration shall be resolved by a single arbitrator unless one of the Parties, by notice in writing delivered to the other Party within five (5) Business Days after a notice to arbitrate pursuant to Section 2.1 of this Schedule C has been delivered, expressly requires that the Dispute that is the subject of that notice to arbitrate be resolved by a three (3) person arbitration tribunal, in which case that particular Dispute shall be resolved by a three (3) person arbitration tribunal. If the arbitration tribunal is comprised of a single arbitrator, the arbitrator shall be appointed as follows:
(a) if the Parties agree on the arbitrator, the Parties shall jointly appoint the arbitrator as soon as possible and in any event within ten (10) days after delivery of the notice to arbitrate pursuant to Section 2.1 of this Schedule C; and
(b) if the Parties fail to agree or jointly appoint the arbitrator within such ten (10) day period, either Party may apply to the Ontario Superior Court of Justice for appointment of the arbitrator, in which case the court shall appoint the arbitrator at the earliest opportunity from the lists of potential arbitrators submitted to the court by the Parties, or if no list is submitted by either Party, or if the list or lists submitted do not include potential arbitrators with the necessary qualifications and experience, the court shall be entitled at its sole and absolute discretion to appoint anyone who meets the requirements set out in this Schedule C for the qualifications and experience of the arbitrator.
Resolution by Arbitration. If the Dispute has not been settled by mediation in accordance with Clause 20.7.3, then the Dispute shall be submitted to arbitration by either Party, before a single arbitrator appointed with the agreement of the Parties. Where the Parties fail to agree and appoint the arbitrator within fifteen (15) Business Days of the notification by one Party to the other that the matter be submitted to arbitration, then either Party may apply to the General Legal Council to appoint such arbitrator for the matter in dispute.
Resolution by Arbitration. In the event that a dispute remains unresolved within ten (10) Business Days of being referred to the senior management of the parties for negotiation or resolution, then either party may initiate arbitration of the dispute pursuant to the terms hereof. Subject to any matters or issues specifically excluded from arbitration pursuant to the provisions of Section 17.3 of this Agreement, any dispute that has proceeded through senior management without resolution shall be submitted for arbitration in accordance with the following requirements:
Resolution by Arbitration. If the dispute has not been resolved pursuant to the procedure set forth in Section 13.11(b) within 30 days of the initial meeting of the representatives of both Members (which period may be extended or shortened by mutual agreement of the Members), the controversy shall be resolved by arbitration in accordance with the procedures set forth in Section 13.11(d). The Members shall meet within ten Business Days of the commencement of the arbitration procedures by any Member and agree on three arbitrators to act as the arbitration panel on such matters. If the Members are unable to agree at such a meeting to all three arbitrators, the panel will be appointed in the following manner. Each Member shall within two Business Days of the meetings appoint one arbitrator, and within five Business Days of such appointment, the arbitrators shall appoint a third arbitrator. If the two arbitrators selected by the Members fail to agree on the third arbitrator, then the Members (or either of them) may apply to the senior active United States District Judge for the District of Delaware for the appointment of the third arbitrator. The third arbitrator shall take an oath of neutrality. No arbitrator shall be an equity holder of any arbitrating Member or their parent, subsidiary or Affiliates, nor shall any arbitrator have been employed by, or performed services for, any of the Members within the preceding five years, nor shall the arbitrators have any personal or financial stake in the outcome of the resolution of the dispute.
Resolution by Arbitration. If the responsible corporate officers are unable to resolve the Dispute within the above described period, then Owner and Contractor shall enter into binding arbitration as set forth herein. Notice of the demand for arbitration shall be delivered to the other party and the Dispute shall be referred to such arbitrator, if the parties agree upon one, within 20 (twenty) business days of receipt of demand, and if not to 3 (three) arbitrators, one appointed by each party, within 20 (twenty) business days of receipt of demand, each of whom shall be an expert in the construction and power generation field and a third independent arbitrator appointed by the (2) two arbitrators. If a party fails to appoint an arbitrator, then the other party's appointee shall become the sole arbitrator. The parties shall proceed with the arbitration expeditiously and shall conclude all proceedings there under in order that a decision may be rendered within 120 (one hundred and twenty) days or, in the case of a payment Dispute, 45 (forty-five) days from service of the demand for arbitration. Each party shall bear its own expenses in connection with any arbitration, including but not limited to counsel fees, and all joint expenses shall be apportioned in the award of the arbitrators. Any arbitration shall be conducted in Auckland, New Zealand in accordance with the provisions of the Arbitration ▇▇▇ ▇▇▇▇ (as amended or substituted from time to time).