RIGHT TO COMPEL ARBITRATION Sample Clauses

The Right to Compel Arbitration clause grants one or both parties the authority to require that any disputes arising under the agreement be resolved through arbitration rather than through court litigation. In practice, this means that if a disagreement occurs, a party can formally demand that the matter be submitted to an arbitrator or arbitration panel, bypassing the traditional court system. This clause is designed to provide a streamlined, private, and often faster method for resolving conflicts, reducing the time and expense associated with lawsuits and ensuring that disputes are handled in a more controlled environment.
RIGHT TO COMPEL ARBITRATION. 16.1 SECOND PARTY AGREES TO PROCEED WITH ARBITRATION SHOULD FIRST PARTY ELECT TO PROCEED IN SUCH MANNER; HOWEVER, SECOND PARTY DOES NOT HAVE THE SAME OR SIMILAR RIGHT TO COMPEL ARBITRATION. IF SECOND PARTY FILES A CLAIM IN ANY COURT OF LAW, OR IF SECOND PARTY AND FIRST PARTY HAVE A DISPUTE AND NO CLAIM HAS YET BEEN FILED, IN EITHER CASE FIRST PARTY HAS THE ABSOLUTE RIGHT, SOLELY IN ITS DISCRETION, TO COMPEL THAT DISPUTE TO BE HEARD AND RESOLVED BY BINDING ARBITRATION. HOWEVER, IF FIRST PARTY DECIDES TO FILE A CLAIM, THE SECOND PARTY HAS NO CORRESPONDING RIGHT TO COMPEL ARBITRATION. ANY SUCH ARBITRATION BETWEEN SECOND PARTY AND FIRST PARTY WILL BE HANDLED AND CONDUCTED BY AND PURSUANT TO THE RULES AND PROCEDURES OF THE DUBAI INTERNATIONAL ARBITRATION CENTER (“DIAC”) USING A THREE MEMBER ARBITRATION PANEL WITH SECOND PARTY AND FIRST PARTY EACH CHOOSING ONE ARBITRATOR AND THE TWO CHOSEN SELECTING THE THIRD. THE DECISION OF THE ARBITRATORS WILL BE FINAL AND UNAPPEALABLE AND MAY BE ENTERED AS A JUDGMENT IN ANY APPROPRIATE COURT OF LAW. TO THE EXTENT ANY PROVISIONS OF THIS AGREEMENT ARE INCONSISTENT WITH DIAC RULES OR PROCEDURES, SUCH PROVISIONS SHALL PREVAIL TO THE MAXIMUM EXTENT DIAC RULES AND PROCEDURES PERMIT THE PARTIES TO STIPULATE AND OTHERWISE AGREE TO SUCH MATTERS BY CONTRACT.
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RIGHT TO COMPEL ARBITRATION. 17.1 The Second Party agrees to proceed with arbitration should the First Party elect to proceed in such a manner; however, the Second Party does not have the same or similar right to compel arbitration. If the Second Party files a claim in any court of law, or if the Second Party and First Party have a dispute and no claim has yet been filed, in either case, the First Party has the absolute right, solely in its discretion, to compel that dispute to be heard and resolved by binding arbitration. However, if the First Party decides to file a claim, the Second Party has n
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Related to RIGHT TO COMPEL ARBITRATION

  • See Your Right to Reject Arbitration For this section, you and us includes any corporate parents, subsidiaries, affiliates or related persons or entities. Claim means any current or future claim, dispute or controversy relating to your Account(s), this Agreement, or any agreement or relationship you have or had with us, except for the validity, enforceability or scope of the Arbitration provision. Claim includes but is not limited to: (1) initial claims, counterclaims, crossclaims and third-party claims;

  • Your Right to Reject Arbitration You may reject this Arbitration provision by sending a written rejection notice to us at: American Express, P.O. Box 981556, El Paso, TX 79998. Go to ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇▇▇▇ for a sample rejection notice. Your rejection notice must be mailed within 45 days after your first card purchase. Your rejection notice must state that you reject the Arbitration provision and include your name, address, Account number and personal signature. No one else may sign the rejection notice. If your rejection notice complies with these requirements, this Arbitration provision and any other arbitration provisions in the cardmember agreements for any other currently open American Express accounts you have will not apply to you, except for Corporate Card accounts and any claims subject to pending litigation or arbitration at the time you send your rejection notice. Rejection of this Arbitration provision will not affect your other rights or responsibilities under this Claims Resolution section or the Agreement. Rejecting this Arbitration provision will not affect your ability to use your card or any other benefit, product or service you may have with your Account.

  • Limitations on Arbitration If the parties agree to resolve a claim by arbitration, that claim will be arbitrated on an individual basis pursuant to that agreement, and the agreement would not allow claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public, other Cardmembers, or other persons similarly situated. Arbitration Procedures Arbitration Fees and Costs Additional Arbitration Awards

  • Dispute Resolution; Arbitration (a) At the option of Company or Executive, and to the extent permitted by applicable law, any dispute, controversy or question arising under, based on or relating to this Agreement, or any breach or failure to comply with the terms hereof (each a “Dispute”), shall be finally and exclusively resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules (the “AAA Rules”). Unless otherwise agreed by the Parties, arbitration of any Dispute shall be conducted before a single arbitrator selected by the Parties and the forum and venue for such arbitration shall be AAA’s Los Angeles Regional Center in Los Angeles, California. Each Party hereby submits to AAA and the selected forum for the arbitration of any Dispute, waives any objection to the venue of such arbitration, and agrees that service of process and other notices, pleadings and documents in any arbitration or proceeding hereunder may be delivered to a Party in accordance with the provisions governing “Notices” in this Agreement. (b) If the Parties are unable to agree upon a neutral arbitrator within thirty (30) days after a Party notifies the other Party in writing of its intent to submit a Dispute to arbitration, either Party may apply to AAA for the appointment of an arbitrator or, if AAA is not then in existence or declines to act, either Party may apply to the Presiding Judge of the Superior Court of any county in the State of California for the appointment of a neutral arbitrator to hear the Parties and settle the Dispute and such Judge is hereby authorized to make such appointment. (c) If the Parties so agree in writing, and subject to the consent of the single arbitrator, hearings and proceedings conducted in the arbitration of any Dispute hereunder may be conducted remotely by secure video conferencing technology that is acceptable to the Parties. (d) The decision or award of the arbitrator shall be in writing and shall set forth detailed reasoning for the award. Discovery shall be conducted expeditiously, bearing in mind the objective of limiting discovery and expediting the decision or award of the arbitrator at the most reasonable cost and expense to the Parties. The decision of the arbitrator shall be final, conclusive and binding on the Parties and no action at law or in equity shall be instituted or, if instituted, prosecuted by either Party other than to enforce the award of the arbitrator. Judgment upon an award rendered pursuant to such arbitration may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award and/or an order of enforcement, as the case may be.

  • Dispute Resolution and Arbitration The following procedures shall be used in the resolution of disputes: