Common use of Resolution of Disputes; Arbitration Clause in Contracts

Resolution of Disputes; Arbitration. (a) All claims by the Executive for benefits under this Agreement shall be directed to and determined by the Company's Board of Directors and shall be in writing. Any denial by the Company's Board of Directors of a claim for payments under this Agreement shall be delivered to the Executive in writing and shall set forth the specific reasons for the denial and the specific provisions of this Agreement relied upon. The Company's Board of Directors shall afford a reasonable opportunity to the Executive for a review of the decision denying a claim and shall further allow the Executive to appeal to the Company's Board of Directors a decision of the Company's Board of Directors within sixty (60) days after notification by the Company's Board of Directors that the Executive's claim has been denied. (b) Any further dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration before the American Arbitration Association in New York, New York in accordance with its commercial arbitration rules as in effect at the time when the dispute or controversy arises. Judgment may be entered on the arbitrator's award in any court having jurisdiction. Notwithstanding any provision of this Agreement to the contrary, the Executive shall be entitled to seek specific performance of the Executive's right to be paid until the Date of Termination during the pendency of any dispute or controversy arising under or in connection with this Agreement.

Appears in 2 contracts

Sources: Severance Agreement, Severance Agreement (Orient Express Hotels LTD)

Resolution of Disputes; Arbitration. (a) All claims by the Executive for benefits under this Agreement shall be directed to and determined by the Company's ’s Board of Directors and shall be in writing. Any denial by the Company's ’s Board of Directors of a claim for payments under this Agreement shall be delivered to the Executive in writing and shall set forth the specific reasons for the denial and the specific provisions of this Agreement relied upon. The Company's ’s Board of Directors shall afford a reasonable opportunity to the Executive for a review of the decision denying a claim and shall further allow the Executive to appeal to the Company's ’s Board of Directors a decision of the Company's ’s Board of Directors within sixty (60) days after notification by the Company's ’s Board of Directors that the Executive's ’s claim has been denied. (b) Any further dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration before the American Arbitration Association in New York, New York in accordance with its commercial arbitration rules as in effect at the time when the dispute or controversy arises. Judgment may be entered on the arbitrator's ’s award in any court having jurisdiction. Notwithstanding any provision of this Agreement to the contrary, the Executive shall be entitled to seek specific performance of the Executive's ’s right to be paid until the Date effective date of Termination the termination of his employment during the pendency of any dispute or controversy arising under or in connection with this Agreement.

Appears in 2 contracts

Sources: Severance Agreement (Orient Express Hotels LTD), Severance Agreement (Orient Express Hotels LTD)

Resolution of Disputes; Arbitration. (a) All claims by the Executive for benefits under this Agreement shall be directed to and determined by the Company's ’s Board of Directors and shall be in writing. Any denial by the Company's ’s Board of Directors of a claim for payments under this Agreement shall be delivered to the Executive in writing and shall set forth the specific reasons for the denial and the specific provisions of this Agreement relied upon. The Company's ’s Board of Directors shall afford a reasonable opportunity to the Executive for a review of the decision denying a claim and shall further allow the Executive to appeal to the Company's ’s Board of Directors a decision of the Company's ’s Board of Directors within sixty (60) days after notification by the Company's ’s Board of Directors that the Executive's ’s claim has been denied. (b) Any further dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration before the American Arbitration Association in New York, New York in accordance with its commercial arbitration rules as in effect at the time when the dispute or controversy arises. Judgment may be entered on the arbitrator's ’s award in any court having jurisdiction. Notwithstanding any provision of this Agreement to the contrary, the Executive shall be entitled to seek specific performance of the Executive's ’s right to be paid until the Date of Termination during the pendency of any dispute or controversy arising under or in connection with this Agreement.

Appears in 2 contracts

Sources: Severance Agreement (Orient Express Hotels LTD), Severance Agreement (Orient Express Hotels LTD)