Arbitration; Enforcement Sample Clauses
The ARBITRATION; ENFORCEMENT clause establishes that any disputes arising under the agreement will be resolved through arbitration rather than through court litigation. Typically, this clause specifies the rules governing the arbitration process, the location where it will take place, and how the arbitrator will be selected. By mandating arbitration, the clause aims to provide a more efficient, private, and potentially less costly method for resolving conflicts, while also ensuring that the resulting arbitration award can be enforced in court if necessary.
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Arbitration; Enforcement. (a) Any and all disputes between the Executive and the Company (including its directors, officers, employees and agents), however significant, arising out of, relating in any way to or in connection with this Agreement and/or the Executive’s employment with or termination of employment from the Company (including the validity, scope and enforceability of this arbitration clause but excluding, at the election of either party, any dispute arising under Section 5 hereof) shall be solely settled by final and binding arbitration to be held at the JAMS office in San Francisco, California and conducted in accordance with the JAMS Employment Arbitration Rules & Procedures (the “Rules”) then in effect at the time of the arbitration (which can be viewed at ▇▇▇.▇▇▇▇▇▇▇.▇▇▇/▇▇▇▇▇-▇▇▇▇▇▇▇▇▇▇-▇▇▇▇▇▇▇▇▇▇▇/ and will be provided upon the Executive’s request).
(b) Any arbitration hereunder shall be held before a single experienced employment arbitrator licensed to practice law in California mutually agreed to by the parties, except that if the parties shall fail to agree to such an arbitrator within twenty (20) days from the date on which the claimant’s request for arbitration is delivered to the other party to the arbitration, such arbitration shall be held before an experienced employment arbitrator appointed under the Rules. The Company shall pay the fees of JAMS and the arbitrator, except that, if the Executive initiates a claim subject to arbitration, Executive shall pay any filing fee up to the amount the Executive would be required to pay if the Executive initiated the claim in the Superior Court of the State of California, and the Company shall pay the difference between that amount and the actual fee charged by JAMS. Each party shall pay its own further costs of the arbitration, including attorneys’ fees and witnesses’ fees.
(c) Discovery may be taken in the arbitration proceedings pursuant to the provisions of California Code of Civil Procedure Section 1283.05, which are incorporated herein by reference and made applicable to any arbitration held pursuant to this Section 6.1.
(d) The award of the arbitrator shall be made within one hundred and eighty (180) days from the date on which the arbitrator is selected and such award shall be in writing. The award of the arbitrator shall be final and binding on the parties, and the parties agree to waive their right to any form of appeal, to the greatest extent allowed by law. If any party prevails on a statutory claim whi...
Arbitration; Enforcement. (a) The Company and ▇▇▇▇▇ mutually consent to the resolution by final and binding arbitration of any and all disputes, controversies or claims related in any way to ▇▇▇▇▇’▇ relationship with the Company and its subsidiaries, parents and affiliates, including, but not limited to, any dispute, controversy or claim of alleged discrimination, harassment or retaliation (including, but not limited to, claims based on race, sex, sexual preference, religion, national origin, age, marital or family status, medical condition, handicap or disability); any dispute, controversy or claim arising out of or relating to this Agreement or the breach of this Agreement; and any dispute as to the arbitrability of a matter under this Agreement (collectively, “Claims”); provided, however, that nothing in this Agreement shall require arbitration of any Claims which, by law, cannot be the subject of a compulsory arbitration agreement.
(b) All Claims shall be resolved exclusively by arbitration administered by JAMS under its Employment Arbitration Rules and Procedures then in effect (the “JAMS Rules”). Notwithstanding the foregoing, the Company and ▇▇▇▇▇ shall have the right to (i) seek a restraining order or other injunctive or equitable relief or order in aid of arbitration or to compel arbitration, from a court of competent jurisdiction, or (ii) interim injunctive or equitable relief from the arbitrator pursuant to the JAMS Rules, in each case to prevent any violation of this Agreement. The Company and ▇▇▇▇▇ must notify the other party in writing of a request to arbitrate any Claims within the same statute of limitations period applicable to such Claims.
(c) Any arbitration proceeding brought under this Agreement shall be conducted before one arbitrator in Orange County, Florida, or such other location to which the parties mutually agree. The arbitrator shall be selected in accordance with the JAMS Rules, provided that the arbitrator shall be an attorney with significant experience in employment matters. Each party to any dispute shall pay its own expenses, including attorneys’ fees; provided, however, that the Company shall pay all costs and fees that ▇▇▇▇▇ would not otherwise have been subject to paying if the claim had been resolved in a court of law and, to the extent required by applicable law for this arbitration provision to be enforceable, the Company shall reimburse ▇▇▇▇▇ for any reasonable travel expenses incurred by ▇▇▇▇▇ in connection with ▇▇▇▇▇’▇ travel to Florida f...
Arbitration; Enforcement. This Agreement shall be governed by and construed in accordance with the laws of Iowa, without giving effect to the conflict of law principles now or hereafter in force in the State of Iowa. Any controversy or claim arising out of or related to this Agreement, or the breach, validity, enforcement or interpretation thereof, shall be settled by binding arbitration by a single arbitrator in Minneapolis, Minnesota, the arbitrator to be selected and such arbitration to be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Subject to the above, all costs and expenses (including the fees of the arbitrator, the fees of the American Arbitration Association and legal fees) incurred by a party not in default in connection with the enforcement of its rights under this Agreement shall be reimbursed by the party found by the arbitrator to be in default.
Arbitration; Enforcement. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. Subject to the above, costs and expenses incurred by Alliance in connection with the enforcement of its rights under this Agreement shall be reimbursed by Grain Processor. THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.
Arbitration; Enforcement. 53 SECTION 9.11 LIABILITY......................................................................................54 SECTION 9.12 ASSIGNMENT; NO THIRD PARTY BENEFICIARIES.......................................................54 AGREEMENT AND PLAN OF MERGER
Arbitration; Enforcement. In the event of any dispute between the parties with respect to any matter set forth herein, either Parent, on the one hand, or the Company (or, after the Closing, the Shareholder Representatives in the event of a dispute under Section 2.9 or under Article VIII), on the other hand, may demand that the dispute be submitted to binding arbitration. The demand for arbitration by any party (the "Demanding Party") shall (i) be in writing, (ii) be served on the other party (the "Non-Demanding Party") in the manner prescribed in Section 9.3 for giving notices, and (iii) set forth the matter or matters to be arbitrated and the name of the arbitrator chosen by the Demanding Party. Within fifteen Business Days after receipt of such demand, the Non-Demanding Party shall choose an arbitrator and provide written notice of such selection to the Demanding Party and shall specify the name and address of such arbitrator. If the Non-Demanding Party shall fail to choose an arbitrator and notify the Demanding Party as herein provided within such fifteen-day period, the Demanding Party shall have the right to apply to the American Arbitration Association (the "AAA") located in New York, New York for an appointment of an arbitrator. The two arbitrators so chosen as set forth above shall promptly appoint a third arbitrator as soon as practicable, provided, however, if they do not do so within twenty Business Days after notice is given to the parties of the appointment of the second arbitrator, either Party may apply to the AAA for the appointment of the third arbitrator. Any arbitration pursuant hereto shall be in accordance with the Commercial Arbitration Rules of the AAA as then in effect, except to the extent that such rules are in conflict with the provisions of this Section 9.10; provided, however, if the AAA is not then functioning or such rules are not then in effect, arbitration proceedings shall be conducted in accordance with the requirements of the Uniform Arbitration Act. All such arbitration proceedings shall take place in New York, New York. The arbitrators shall meet as soon as practicable after the third arbitrator is appointed. Both the foregoing agreement of the parties to arbitrate any and all claims, and the results, determination, finding, judgment and/or award rendered pursuant to such arbitration, shall be final and binding on the parties hereto and may be specifically enforced by legal proceedings in any court having jurisdiction over such action. The part...
Arbitration; Enforcement