ARBITRATION, ETC Clause Samples

The "Arbitration, Etc" clause establishes that disputes arising under the contract will be resolved through arbitration rather than through court litigation. Typically, this clause outlines the process for initiating arbitration, specifies the governing rules (such as those of the American Arbitration Association), and may designate the location and number of arbitrators. By mandating arbitration, the clause aims to provide a private, efficient, and potentially less adversarial method for resolving conflicts, thereby reducing the time and costs associated with traditional legal proceedings.
ARBITRATION, ETC. Section 33.01. Any dispute with respect to (i) the reasonability of any failure or refusal of Landlord to grant its consent or approval to any request for such consent or approval pursuant to the provisions of Sections 4.01 or 12.03 with respect to which request Landlord has agreed, in such Sections, not unreasonably to withhold such consent or approval, or (ii) arising out of the application of the provisions of Articles 23 or 35, which is submitted to arbitration shall be finally determined by arbitration in the City of Boston in accordance with the Commercial Arbitration Rules of the American Arbitration Association or its successor. Any such determination shall be final and binding upon the parties, whether or not a judgment shall be entered in any court. In making their determination, the arbitrators shall not subtract from, add to, or otherwise modify any of the provisions of this Lease. Landlord and Tenant may, at their own expense, be represented by counsel and employ expert witnesses in any such arbitration. Any dispute with respect to the reasonability of any failure or refusal of Landlord to grant its consent or approval to any request for such consent or approval pursuant to any of the provisions of this Lease (other than Sections 4.01 and 12.03) with respect to which Landlord has covenanted not unreasonably to withhold such consent or approval, shall be determined by applicable legal proceedings. If the determination of any such legal proceedings, or of any arbitration held pursuant to the provisions of this Section with respect to disputes arising under Sections 4.01 and 12.03, shall be adverse to Landlord, Landlord shall be deemed to have granted the requested consent or approval, but that shall be Tenant's sole remedy in such event and Landlord shall not be liable to Tenant for a breach of Landlord's covenant not unreasonably to withhold such consent or approval, or otherwise.
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ARBITRATION, ETC. This Agreement shall be considered as an agreement made in England and subject to English Law.
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ARBITRATION, ETC. ARTICLE 37 Parties Bound ARTICLE 38 Tenant's Initial Installation and Owner's Work Contribution ARTICLE 39 Right of First Refusal for Additional Space ARTICLE 40 Tenant's Single Option to Renew this Lease SCHEDULE A Building Rules SCHEDULE B Cleaning Services to be Furnished by Owner EXHIBIT 1 Additional Space LEASE dated as of the 30th day of January, 2000, between THE STATE-WHITEHALL COMPANY, a New York partnership having its principal office at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ of Manhattan, City, County, and State of New York, as landlord (referred to as "OWNER"), and ITURF INC., a Delaware corporation duly authorized to transact business in the State of New York, having its principal office at ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇, as tenant (referred to as "TENANT").
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ARBITRATION, ETC. Section 36.01. Any dispute (i) with respect to the reasonability of any failure or refusal of Owner to grant its consent or approval to any request for such consent or approval pursuant to the provisions of Sections 3.01 or 11.03 with respect to which request Owner has agreed, in such Sections, not unreasonably to withhold such consent or approval, or (ii) arising out of the application of the Operating Expenses provisions of Article 23, which is submitted to arbitration shall be finally determined by arbitration in the City of New York in accordance with the following provisions of this Section 36. 01. Within five (5) business days next following the giving of any notice by either party to the other stating that it wishes such dispute to be so determined, Owner and Tenant shall each give notice to the other setting forth the name and address of an arbitrator designated by the party giving such notice. If either party shall fail to give notice of such designation within five (5) business days, the arbitrator chosen by the other side shall make the determination alone. The two arbitrators shall designate a third arbitrator. If the two arbitrators shall fail to agree upon the designation of a third arbitrator within five (5) business days after the designation of the second arbitrator, then either party may apply to the Supreme Court of the State of New York or to any other court having jurisdiction, for the designation of such arbitrator. All arbitrators shall be persons who shall have had at least ten (10) years continuous experience in the business of appraising or managing real estate or acting as a real estate agent or brokers in the Borough of Manhattan, except in the event of arbitration of a dispute under Section 3.02 such arbitrators shall be persons who are licensed architects in the State of New York and who shall have at least ten (10) years continuous experience as architects in the Borough of Manhattan. The three arbitrators shall conduct such hearings as they deem appropriate, making their determination in writing and giving notice to Owner and Tenant of their determination as soon as practicable, and if possible, within five (5) business days after the designation of the third arbitrator; the concurrence of any two (2) of said arbitrators shall be binding upon Owner and Tenant, or, in the event no two (2) of the arbitrators shall render a concurrent determination, then the determination of the third arbitrator designated shall be binding upon...
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ARBITRATION, ETC. Any dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration, conducted before a panel of three (3) arbitrators sitting in a location selected by the Executive within fifty (50) miles from the location of the Holding Company's principal administrative office in accordance with the rules of the American Arbitration Association then in effect. Unless otherwise agreed upon by the parties, such arbitrators shall be chosen as provided by such rules. Judgment may be entered on the arbitrators' award in any court having jurisdiction; provided, however, that Executive shall be entitled to seek specific performance of his 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. In the event any dispute or controversy arising under or in connection with Executive's termination is resolved in favor of the Executive, whether by judgment, arbitration or settlement, Executive shall be entitled, to the extent not already paid or provided, to the payment of all back-pay, including Base Salary, benefits and any other amounts due Executive under this Agreement. Interest thereon shall be paid as provided in the determination of the arbitrators.
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ARBITRATION, ETC. ARTICLE 37 Parties Bound SCHEDULE A Building Rules LEASE dated as of the 29th day of February, 1996, between THE 110 WALL COMPANY, a New York partnership having its principal office at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ of Manhattan, City, County, and State of New York, as landlord (referred to as "Owner"), and KHAN, ▇▇▇▇▇▇▇ & COMPANY, INC., a New York corporation, having its principal office at ▇▇ ▇▇▇▇▇ ▇▇▇▇ Court, Franklin Park, New Jersey 08813, as tenant (referred to as "Tenant").
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ARBITRATION, ETC. This Agreement shall be considered as an agreement made in England and subject to English Law All disputes, differences or questions between the parties to this Agreement with respect to any matter arising out of or relating to this Agreement shall be referred to the arbitration of two persons (one to be appointed by the Ministry and one by the Contractor) or their Umpire, in accordance with the provisions of the Arbitration Act 1996. AUTHORISATION BY THE CROWN FOR USE OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS Notwithstanding any other provisions of the Contract and for the avoidance of doubt, award of the Contract by the Authority and placement of any contract task under it does not constitute an authorisation by the Crown under Sections 55 and 56 of the Patents Act 1977 or Section 12 of the Registered Designs Act 1949. The Contractor acknowledges that any such authorisation by the Authority under its statutory powers must be expressly provided in writing, with reference to the acts authorised and the specific intellectual property involved. DEFCON 014 (Edn. 06/21) - Inventions and Designs Crown Rights and Ownership of Patents and Registered Designs DEFCON 015 (Edn. 06/21) - Design Rights and Rights to Use Design Information DEFCON 021 (Edn. 06/21) - Retention of Records DEFCON 090 (Edn. 06/21) - Copyright DEFCON 126 (Edn. 06/21) - International Collaboration Clause DEFCON 703 (Edn. 06/21) - Intellectual Property Rights - Vesting in the Authority DEFCON 705 (Edn. 06/21) - Intellectual Property Rights - Research and Technology 19 Jul 21 – DCDC-300-SOR - SA Support Contract Apr 22-V2
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ARBITRATION, ETC. Any controversy or claim relating to this contract, including the construction or application of this contract, will be settled by binding arbitration under the rules of the American Arbitration Association, with the laws of the State of California to apply, and any judgment granted by the arbitrator(s) may be enforced in any California court of proper jurisdiction. In the event of any dispute resulting in arbitration the prevailing party shall be entitled to recover reasonable attorney’s fees and costs incurred.
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Related to ARBITRATION, ETC

  • Level Four - Arbitration If the grievance is not satisfactorily resolved at the Level Three conference, the grievance shall be submitted to an independent Arbitrator if such request is made within ten (10) days of the Level Three conference. The Arbitrator shall be selected by mutual agreement from the following list. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ If no arbitrator can be agreed upon, one shall be chosen by a drawing from the same list. After an arbitrator has been utilized, their name will be placed on the bottom of the list. If any of these arbitrators drops from the list for any reason, a replacement shall be negotiated and agreed upon by the Association and the Employer. The hearing shall be conducted by the Arbitrator selected in the manner described above but independently from the American Arbitration Association. a. The duty and responsibility of the Arbitrator is to apply and interpret the express provisions of the agreement and shall not have the authority to add to, subtract from, alter, modify, vary, or ignore the terms of the Agreement or to determine that any provision is unconstitutional or contrary to any federal or state law or regulation, it being expressly agreed that any such determination shall be made by a court of law. b. The Arbitrator shall be requested to render his written decision within thirty (30) calendar days from the conclusion of the hearing or submission of briefs. c. The rules may be amended in writing by the mutual agreement of the parties. d. Either party shall have the right within ten (10) days from the receipt of the decision of the Arbitrator to apply to a court of competent jurisdiction for a rehearing of the claim both as to the facts and the law, provided however, that if application in not made within such time, the decision of the Arbitrator shall be binding.

  • Mediation/Arbitration a. In the event of any dispute under this Agreement, the parties hereto desire to avoid litigation. Accordingly, the aggrieved party will give notice of the dispute to the other party and both parties will attempt to settle the dispute during the thirty (30) day period following such notice. If such dispute remains unsettled, the parties agree to then submit such dispute to mediation. If the parties cannot agree on a mediator, each will select a mediator and the two chosen mediators will select a third mediator who shall alone hear the dispute. Such mediation will, if possible, be conducted during the sixty (60) day period following expiration of the thirty (30) day period. If such mediation fails to resolve the dispute, the parties agree such dispute will be submitted to final and binding arbitration in accordance with the rules of the American Arbitration Association. Unless otherwise directed by the arbitrator, such arbitration must be concluded within ninety (90) days of the expiration of the sixty (60) day period previously specified for mediation. If the parties cannot agree on a single arbitrator, each will select an arbitrator, and the two chosen arbitrators will select a third arbitrator who shall alone decide the dispute. Any mediation or arbitration conducted hereunder will be conducted in Knoxville, Tennessee. The parties hereto shall equally share the costs of mediation (including the mediator’s fees and expenses and costs directly related to the conduct of the mediation, but excluding each party’s direct costs for transportation, attorneys, etc., for which each will be responsible). If any party fails to participate in mediation or arbitration after receipt of notice thereof, then each party hereto agrees that the other party shall have the right to proceed immediately to arbitration and that such other party shall be entitled to select the arbitrator in its sole discretion. Each party further agrees that, in such event, such arbitrator shall have the right to decide the dispute as if the non- participating party were participating in the arbitration and that such decision shall be final and binding upon each party hereto.

  • GRIEVANCE ARBITRATION Notwithstanding any other provision of this Agreement, for the purposes of this Article, an Employee has the right to grieve any filling of a vacancy or Assignment in the bargaining unit.

  • Arbitration Disputes arising under or in connection with this Agreement that are not resolved pursuant to Section 5.1, including requests for specific performance, will be resolved through binding arbitration conducted pursuant to the rules of the International Court of Arbitration of the International Chamber of Commerce. The arbitration will be conducted in the English language and will occur in Los Angeles County, California. Any arbitration will be in front of a single arbitrator, unless (i) ICANN is seeking punitive or exemplary damages, or operational sanctions, (ii) the parties agree in writing to a greater number of arbitrators, or (iii) the dispute arises under Section 7.6 or 7.7. In the case of clauses (i), (ii) or (iii) in the preceding sentence, the arbitration will be in front of three arbitrators with each party selecting one arbitrator and the two selected arbitrators selecting the third arbitrator. In order to expedite the arbitration and limit its cost, the arbitrator(s) shall establish page limits for the parties’ filings in conjunction with the arbitration, and should the arbitrator(s) determine that a hearing is necessary, the hearing shall be limited to one (1) calendar day, provided that in any arbitration in which ICANN is seeking punitive or exemplary damages, or operational sanctions, the hearing may be extended for one (1) additional calendar day if agreed upon by the parties or ordered by the arbitrator(s) based on the arbitrator(s) independent determination or the reasonable request of one of the parties thereto. The prevailing party in the arbitration will have the right to recover its costs and reasonable attorneys’ fees, which the arbitrator(s) shall include in the awards. In the event the arbitrators determine that Registry Operator has been repeatedly and willfully in fundamental and material breach of its obligations set forth in Article 2, Article 6 or Section 5.4 of this Agreement, ICANN may request the arbitrators award punitive or exemplary damages, or operational sanctions (including without limitation an order temporarily restricting Registry Operator’s right to sell new registrations). Each party shall treat information received from the other party pursuant to the arbitration that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15. In any litigation involving ICANN concerning this Agreement, jurisdiction and exclusive venue for such litigation will be in a court located in Los Angeles County, California; however, the parties will also have the right to enforce a judgment of such a court in any court of competent jurisdiction.