Arbitration and Court Action Sample Clauses

Arbitration and Court Action. If the designated representatives are unable to resolve the dispute within the period specified in Section 15.1.1, the dispute shall be submitted first to voluntary mediation for 60 days, and, if mediation is not successful within such time period, then to final binding arbitration (both mediation and arbitration to be held in Houston, Texas), conducted in accordance with the International Institute for Conflict Prevention and Resolution (“CPR”) Rules for Non-Administered Arbitration as in effect on the date hereof as modified below (the “Rules”). The arbitrator shall have no power to award (a) punitive or exemplary damages or any other damages not measured by the prevailing Party’s actual damages or (b) any indirect, incidental, consequential or special damages (even if that Party has been advised of the possibility of such damages) (collectively, “disclaimed damages”); provided in each such case in clause (a) and (b) above that each Party shall remain liable to the other Party to the extent any disclaimed damages are claimed by a third party and are subject to indemnification as set forth herein; and the Parties expressly waive their right to obtain such damages in arbitration or in any other forum. Except with respect to the interpretation and enforcement of these arbitration procedures (which shall be governed by the Federal Arbitration Act), the arbitrators shall apply the laws of the state designated as governing this Agreement. The result of the arbitration shall be binding on the Parties and judgment on any arbitration award may be entered in any court having jurisdiction. No potential mediator or arbitrator may be appointed unless he or she has confirmed in writing that he or she shall enforce the terms of this Agreement, including this dispute resolution provision. All aspects of the arbitration shall be treated as confidential, as provided in the Rules. Before making any disclosure permitted by the Rules, a Party shall give written notice to the other Party and afford such Party a reasonable opportunity to protect its interests. Notwithstanding the other provisions of this Section 15.1, either Party shall have the right, without waiving any right or remedy available to such Party under this Agreement or otherwise, to seek and obtain from any court of competent jurisdiction any injunctive, interim or provisional relief that is necessary or desirable to protect the rights or property of such Party.
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Related to Arbitration and Court Action

  • Arbitration Proceedings Arbitration between the parties will be subject to the following:

  • LITIGATION OR ARBITRATION In the event that suit or arbitration is brought to enforce the terms of this agreement, the prevailing party shall be entitled to litigation costs and reasonable attorneys' fees. The Dispute Resolution provisions are set forth on Exhibit "B," ‘Dispute Resolution’ attached hereto and by this reference incorporated herein.

  • Alternative Arbitration Proceedings Alternatively, the Parties may refer the matter to the Nairobi Centre for International Arbitration (NCIA) which offers a neutral venue for the conduct of national and international arbitration with commitment to providing institutional support to the arbitral process.

  • COURT ACTION If a judgment of dissolution of marriage is obtained by either Xxxxxx, the original of this Agreement shall be attached to the judgment. The court shall be requested to do the following:

  • PREVIOUS COURT ACTIONS The Couple has: (check one) ☐ - ALREADY had custody and visitation rights administered by a court in the County of , State of . Case Number . ☐ - NOT had custody and visitation rights administered by a court.

  • COSTS OF ARBITRATION PROCEEDINGS In an arbitration proceeding under Articles 25A to 25H, the fees and expenses of the members of the arbitration panel, as well as any costs incurred in connection with the arbitration proceedings by the Contracting States, shall be borne by the Contracting States in a manner to be settled by mutual agreement between the competent authorities of the Contracting States. In the absence of such agreement, each Contracting State shall bear its own expenses and those of its appointed panel member. The cost of the chair of the arbitration panel and other expenses associated with the conduct of the arbitration proceedings shall be borne by the Contracting States in equal shares.

  • BINDING ARBITRATION AND CLASS ACTION WAIVER PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

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

  • Jury Duty and Court Appearance 11.4.1 When summoned to serve on a jury; when subpoenaed as a witness in criminal proceedings, or as a witness in a civil action if not a party thereto; when appearing as a defendant in a criminal or traffic case if acquitted therefrom; the employee, to qualify for permission from the Xxxx/delegate to be absent with pay, shall produce the summons or subpoena or submit such other evidence showing the necessity for court appearance.

  • Dispute Resolution; Arbitration This Agreement evidences a transaction involving interstate commerce. Any disputes arising from this Agreement shall be decided by binding arbitration which shall be conducted, at the request of any party, in New York, New York, before one arbitrator designated by the American Arbitration Association (the "AAA"), in accordance with the Commercial Arbitration Rules of the AAA, and to the maximum extent applicable, the United States Arbitration Act (Title 9 of the United States Code). Notwithstanding anything in this Agreement to the contrary, any party may proceed to a court of competent jurisdiction to obtain equitable relief at any time. An arbitrator shall have no authority to award punitive damages or other damages not measured by the prevailing party's actual damages. To the maximum extent practicable, an arbitration proceeding under this Agreement shall be concluded within 180 days of the filing of the dispute with the AAA. This arbitration clause shall survive any termination, amendment, or expiration of the Agreement and if any provision of this arbitration clause is found to be unenforceable, the remaining parts of the arbitration clause shall not be affected and shall remain fully enforceable.

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