Arbitration in Lawsuits Sample Clauses

Arbitration in Lawsuits. When a dispute is the subject matter of a lawsuit pending in a court, both parties may agree to settlement of the dispute through arbitration in terms of the Act. The Indian Arbitration Xxx 0000 does not control the conduct of the owner and the contractor in deciding the form of the arbitration agreement. The Act does not prescribe the procedure to be adopted by the arbitrator for conducting the proceedings. The arbitrator thus enjoys flexibility in the procedure leading to expeditious settlement of disputes. The Act does not provide for interference with the award given by the arbitrator. The arbitrator is also not bound under the Act to state reasons in support of the award given by him. The award is, therefore, final and can only be challenged in a court of law on questions of law and / or misconduct of the arbitrator. Advantages of Arbitration The advantages of settling disputes through arbitration instead of litigation in the courts are as under: Cost: arbitration is less expensive than litigation. Speed: disputes are settled much faster (usually within 4 months) through arbitration as compared to lawsuit in the courts. Convenience: arbitration hearings are fixed considering the convenience of the concerned parties. Technical Knowledge: both parties have the distinct advantage of appointing arbitrator(s) having technical knowledge and expertise in construction. Informality: arbitration proceedings are conducted in a relatively informal atmosphere observing certain minimum prescribed legal formalities. Proceedings in Private Premises: Unlike proceedings in courts which are exposed to the general public, arbitration proceedings are held in private premises, Business interest and reputation of the parties will, therefore, not suffer. Finality of Award: the award given by the arbitrator is final. It can only be challenged on questions of law and / or misconduct or arbitrator(s). Arbitration Clause In view of the advantages of arbitration, most of the construction contracts incorporate a suitable arbitration clause in the agreement. Following are the main provisions of the arbitration clause.
Sample 1
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Arbitration in Lawsuits. When a dispute is the subject matter of a lawsuit pending in a court, both parties may agree to settlement of the dispute through arbitration in terms of the Act. The Indian Arbitration Xxx 0000 does not control the conduct of the owner and the contractor in deciding the form of the arbitration agreement. The Act does not prescribe the procedure to be adopted by the arbitrator for conducting the proceedings. The arbitrator thus enjoys flexibility in the procedure leading to expeditious settlement of disputes. The Act does not provide for interference with the award given by the arbitrator. The arbitrator is also not bound under the Act to state reasons in support of the award given by him. The award is, therefore, final and can only be challenged in a court of law on questions of law and / or misconduct of the arbitrator. Advantages of Arbitration The advantages of settling disputes through arbitration instead of litigation in the courts are as under: Cost: arbitration is less expensive than litigation. Speed: disputes are settled much faster (usually within 4 months) through arbitration as compared to lawsuit in the courts. Convenience: arbitration hearings are fixed considering the convenience of the concerned parties. xxx.xxxxxx.xx Technical Knowledge: both parties have the distinct advantage of appointing arbitrator(s) having technical knowledge and expertise in construction. Informality: arbitration proceedings are conducted in a relatively informal atmosphere observing certain minimum prescribed legal formalities. Proceedings in Private Premises: Unlike proceedings in courts which are exposed to the general public, arbitration proceedings are held in private premises, Business interest and reputation of the parties will, therefore, not suffer. Finality of Award: the award given by the arbitrator is final. It can only be challenged on questions of law and / or misconduct or arbitrator(s).
Sample 1

Related to Arbitration in Lawsuits

  • 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.

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

  • GRIEVANCE AND ARBITRATION Casual employees have access to the grievance and arbitration procedures. (Reference Article 9 - Grievances and Article 10 - Arbitration.)

  • GRIEVANCES AND ARBITRATION Section 1. Having a desire to create and maintain labor relations harmony between them, the parties hereto agree that they will promptly attempt to adjust all disputes involving the interpretation, application or alleged violation of a specific provision of this Agreement. Addendum B, attached hereto, shall be utilized to resolve grievances.

  • Arbitration Process Any arbitration will be conducted pursuant to the applicable rules (the “Arbitration Rules”) of the American Arbitration Association, as modified herein, to the extent such modifications are not prohibited by the Arbitration Rules. The arbitration will be conducted in Indianapolis, Indiana. The parties will select a single arbitrator, but in the event that the parties are unable to agree, the arbitrator will be appointed pursuant to the Arbitration Rules. The arbitrator will be a practicing attorney with significant expertise in litigating and/or presiding over cases involving the substantive legal areas involved in the dispute. The parties to the arbitration will not request, and the arbitrator will not order, that any discovery be taken or provided, including depositions, interrogatories or document requests, except to the extent the amount in controversy exceeds $50,000. The arbitration will be concluded within three months of the date the arbitrator is appointed. The arbitrator’s findings, reasoning, decision, and award will be stated in writing and based upon applicable law. Judgment on the arbitration award may be entered in any court having jurisdiction. In the event that the arbitration results in an award which imposes an injunction or contains a monetary award in excess of $100,000, the award will be reviewable on appeal initiated by filing notice of appeal with the AAA office within 30 days of the award, governed by the AAA Optional Appellate Arbitration Rules and conducted by a panel of three new arbitrators, ruling by majority, under the procedure for appointment from the national roster of arbitrators. Unless the applicable Arbitration Rules require otherwise, arbitration fees and costs will be shared equally by the claimant(s) and respondent(s), respectively, in any arbitration proceeding. Should the AAA be unavailable, unable or unwilling to accept and administer the arbitration of any claim under these arbitration provisions as written, the parties will agree on a substitute arbitration organization, such as JAMS, that will enforce the arbitration provisions as written. Because this Agreement memorializes a transaction in interstate commerce, the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. More information about arbitration, including the Arbitration Rules, is available at xxx.xxx.xxx or by calling 0-000-000-0000.

  • Arbitration; Attorneys’ Fees Except in connection with enforcing Section 10 hereof, for which legal and equitable remedies may be sought in a court of law, any dispute arising under this Agreement shall be subject to arbitration. The arbitration proceeding shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA Rules”) then in effect, conducted by one arbitrator either mutually agreed upon or selected in accordance with the AAA Rules. The arbitration shall be conducted in King County, Washington, under the jurisdiction of the Seattle office of the American Arbitration Association. The arbitrator shall have authority only to interpret and apply the provisions of this Agreement, and shall have no authority to add to, subtract from or otherwise modify the terms of this Agreement. Any demand for arbitration must be made within sixty (60) days of the event(s) giving rise to the claim that this Agreement has been breached. The arbitrator’s decision shall be final and binding, and each party agrees to be bound to by the arbitrator’s award, subject only to an appeal therefrom in accordance with the laws of the State of Washington. Either party may obtain judgment upon the arbitrator’s award in the Superior Court of King, County, Washington. If it becomes necessary to pursue or defend any legal proceeding, whether in arbitration or court, in order to resolve a dispute arising under this Agreement, the prevailing party in any such proceeding shall be entitled to recover its reasonable costs and attorneys’ fees.

  • GRIEVANCE AND ARBITRATION PROCEDURE 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.

  • 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 Costs 1. The expenses and fees of the arbitrator, and the cost (if any) of the hearing room, will be shared equally by the parties.

  • ARBITRATION AND ATTORNEYS' FEES Any controversy or claim arising out of or relating to this Agreement, or breach thereof, including without limitation claims against either party, its affiliates employees, professionals, officers or directors shall be settled by binding arbitration in Los Angeles, California, in accordance with the Commercial Rules of the American Arbitration Association. The arbitrator shall be an active member of the California bar. In the proceeding, the arbitrator shall apply California substantive law and the California Evidence Code, except that the arbitrator's authority in awarding damages shall be interpreted under New York law. The arbitrator shall prepare an award in writing, which shall include factual findings and any legal conclusions on which the decision is based. Judgment upon any award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. In any such proceeding, the prevailing party shall be entitled, in addition to any other relief awarded or adjudged, such sum as the Arbitrator(s) may fix as and for reasonable attorneys' fees and costs, and the same shall be included in the award and any judgment.

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