Common use of Arbitration Procedures Clause in Contracts

Arbitration Procedures. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Provision shall control if it is inconsistent with the applicable Code. In conducting the arbitration proceeding, the arbitrator shall not apply the federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within 15 days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within 20 days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals and business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have 30 days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three- arbitrator panel that will conduct arbitration pursuant to its Code and issue its decision within 120 days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.

Appears in 7 contracts

Samples: Bancorp Bank Account Agreement Terms and Conditions, Bancorp Bank Account Agreement, Bancorp Bank Account Agreement Terms and Conditions

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Arbitration Procedures. This Arbitration Provision Section is made pursuant to a transaction involving interstate commerce commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Provision Section shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the federal Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within 15 days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within 20 days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have 30 thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three- three-arbitrator panel that which will conduct arbitration pursuant to its Code and issue its decision within 120 one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.

Appears in 7 contracts

Samples: Credit Card Agreement, Card Agreement, Credit Card Agreement

Arbitration Procedures. This Arbitration Provision is made pursuant Because the Service(s) provided to a transaction involving you by Xxxxxx concerns interstate commerce and shall be governed by commerce, the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended Act (the “FAA”), not state arbitration law, shall govern the arbitrability of all Disputes. The Applicable federal law or the law of the state where you receive the Service from Xxxxxx may apply toand govern the substance of any Disputes. No state statutes pertaining to arbitrationshall be applicable under this Arbitration Provision. If there is a conflict between this Arbitration Provision and the rules of the arbitration shall be governed by the applicable Codeorganization, except that (to the extent enforceable under the FAA) this Arbitration Provision shall control if govern. If AAA will not enforce this Arbitration Provision as written, it is inconsistent with the applicable Code. In conducting cannot serve as the arbitration proceedingorganization to resolve yourdispute with Xxxxxx. If this situation arises, the arbitrator parties shall not apply the federal or any state rules of civil procedure or rules of evidenceagree on a substitute arbitration organization. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within 15 days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify If the parties are unable to agree, the parties shall mutuallypetition a court of his/her decision within 20 days appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. If there is a conflict betweenthis Arbitration Provision and the rest of this Agreement, this Arbitration Provisionshall govern. A single arbitrator will resolve the objecting party’s submissionDispute. The arbitrator shall will honor claims of privilege recognized by law and will take reasonable steps to preserve the privacy protect customer account information and other confidential or proprietary information. The arbitrator will make any award in writing but need not provide a statement of individuals and business mattersreasons unless requested by a party. Judgment upon the An award rendered by the arbitrator may be entered in any court having jurisdictionjurisdiction over the parties for purposes of enforcement. The arbitrator’s decision will be final and binding, except for any right of appeal provided If an award granted by the FAA. Howeverarbitrator exceeds $75,000, any either party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect organization by a written notice of the initial award objected to by the appealing party. The appealing party shall have 30 appeal filed within thirty (30) days from the date of entry of the written arbitration award award. The members of the three- arbitrator panel will be selected according to notify the rules of the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writingorganization. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three- three-arbitrator panel that will conduct arbitration pursuant to its Code and issue its decision within 120 one hundred and twenty (120) days of the date of the appellantappealing party’s written noticenotice of appeal. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding, except for any appellate right which exists under the FAA.

Appears in 3 contracts

Samples: Service Agreement, Service Agreement, Service Agreement

Arbitration Procedures. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Provision shall control if it is inconsistent with the applicable Code. In conducting the arbitration proceeding, the arbitrator shall not apply the federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within 15 days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within 20 days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals and business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have 30 days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three- three-arbitrator panel that will conduct arbitration pursuant to its Code and issue its decision within 120 days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.

Appears in 2 contracts

Samples: Bancorp Bank Account Agreement Terms and Conditions, Bancorp Bank Account Agreement Terms and Conditions

Arbitration Procedures. This Arbitration Provision is made pursuant Because the Service(s) provided to a transaction involving you by commZoom concerns interstate commerce and shall be governed by commerce, the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended Act (the “FAA”), not state arbitration law, shall govern the arbitrability of all Disputes. The Applicable federal law or the law of the state where you receive the Service from commZoom may apply to and govern the substance of any Disputes. No state statutes pertaining to arbitration shall be governed by applicable under this Arbitration Provision. If there is a conflict between this Arbitration Provision and the applicable Coderules of the arbitration organization, except that (to the extent enforceable under the FAA) this Arbitration Provision shall control if govern. If AAA will not enforce this Arbitration Provision as written, it is inconsistent with the applicable Code. In conducting cannot serve as the arbitration proceedingorganization to resolve your dispute with commZoom. If this situation arises, the arbitrator parties shall not apply the federal or any state rules of civil procedure or rules of evidenceagree on a substitute arbitration organization. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within 15 days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify If the parties are unable to agree, the parties shall mutually petition a court of his/her decision within 20 days appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. A single arbitrator will resolve the objecting party’s submissionDispute. The arbitrator shall will honor claims of privilege recognized by law and will take reasonable steps to preserve the privacy protect customer account information and other confidential or proprietary information. The arbitrator will make any award in writing but need not provide a statement of individuals and business mattersreasons unless requested by a party. Judgment upon the An award rendered by the arbitrator may be entered in any court having jurisdictionjurisdiction over the parties for purposes of enforcement. The arbitrator’s decision will be final and binding, except for any right of appeal provided If an award granted by the FAA. Howeverarbitrator exceeds $75,000, any either party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect organization by a written notice of the initial award objected to by the appealing party. The appealing party shall have 30 appeal filed within thirty (30) days from the date of entry of the written arbitration award award. The members of the three-arbitrator panel will be selected according to notify the rules of the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writingorganization. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three- three-arbitrator panel that will conduct arbitration pursuant to its Code and issue its decision within 120 one hundred and twenty (120) days of the date of the appellantappealing party’s written noticenotice of appeal. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding, except for any appellate right which exists under the FAA.

Appears in 2 contracts

Samples: Terms and Conditions of Service, Terms and Conditions of Service

Arbitration Procedures. This Arbitration Provision is made pursuant to a transaction involving interstate commerce commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration arbitration Provision shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the federal Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting request party, within 15 fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within 20 twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have 30 thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three- three-arbitrator panel that which will conduct arbitration pursuant to its Code and issue its decision within 120 one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.

Appears in 2 contracts

Samples: Mercury Commercial Debit Card Agreement, Mercury Commercial Debit Card Agreement

Arbitration Procedures. This Arbitration Provision is made pursuant to a transaction involving interstate commerce commerce, and shall will be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall will be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration arbitration Provision shall will control if it is inconsistent with the applicable Code. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law and, at the timely request of either party, will provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall will not apply the federal Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting request party, within 15 fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall will notify the parties of his/her decision within 20 twenty (20) days of the objecting party’s submission. The arbitrator shall will take reasonable steps to preserve the privacy of individuals individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall will consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall will have 30 thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall will be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three- three-arbitrator panel that which will conduct arbitration pursuant to its Code and issue its decision within 120 one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall will be by majority vote and shall will be final and binding.

Appears in 2 contracts

Samples: Mercury Commercial Deposit Account Agreement, Mercury Commercial Savings Account Agreement

Arbitration Procedures. This Arbitration Provision is made pursuant to a transaction involving interstate commerce commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The the“FAA”).The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Provision shall control if it is inconsistent with the applicable Code.The arbitrator shall apply applicable substantive law consistent with the FAA and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. .The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within 15 fifteen (15) days of receiving the requesting party’s notice. .The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within 20 twenty (20) days of the objecting party’s submission. .The arbitrator shall take reasonable steps to preserve the privacy of individuals and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. .The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. .The appealing party shall have 30 thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. .The appeal shall be filed with the arbitration organization in the form of a dated writing. .The arbitration organization will then notify the other party that the award has been appealed. .The arbitration organization will appoint a three- three-arbitrator panel that which will conduct arbitration pursuant to its Code and issue its decision within 120 one hundred twenty (120) days of the date of the appellant’s written notice. .The decision of the panel shall be by majority vote and shall be final and binding.

Appears in 2 contracts

Samples: Account Agreement, Deposit Account Agreement

Arbitration Procedures. This Arbitration Provision is made pursuant Because the Service(s) provided to a transaction involving Company by commZoom concerns interstate commerce and shall be governed by commerce, the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended Act (the “FAA”), not state arbitration law, shall govern the arbitrability of all Disputes. The Applicable federal law or the law of the state where Company receives the Service from commZoom may apply to and govern the substance of any Disputes. No state statutes pertaining to arbitration shall be governed by applicable under this Arbitration Provision. If there is a conflict between this Arbitration Provision and the applicable Coderules of the arbitration organization, except that (to the extent enforceable under the FAA) this Arbitration Provision shall control if govern. If AAA will not enforce this Arbitration Provision as written, it is inconsistent with the applicable Code. In conducting cannot serve as the arbitration proceedingorganization to resolve Company’s dispute with commZoom. If this situation arises, the arbitrator parties shall not apply the federal or any state rules of civil procedure or rules of evidenceagree on a substitute arbitration organization. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within 15 days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify If the parties are unable to agree, the parties shall mutually petition a court of his/her decision within 20 days appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. A single arbitrator will resolve the objecting party’s submissionDispute. The arbitrator shall will honor claims of privilege recognized by law and will take reasonable steps to preserve the privacy protect customer account information and other confidential or proprietary information. The arbitrator will make any award in writing but need not provide a statement of individuals and business mattersreasons unless requested by a party. Judgment upon the An award rendered by the arbitrator may be entered in any court having jurisdictionjurisdiction over the parties for purposes of enforcement. The arbitrator’s decision will be final and binding, except for any right of appeal provided If an award granted by the FAA. Howeverarbitrator exceeds $75,000, any either party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect organization by a written notice of the initial award objected to by the appealing party. The appealing party shall have 30 appeal filed within thirty (30) days from the date of entry of the written arbitration award award. The members of the three- arbitrator panel will be selected according to notify the rules of the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writingorganization. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three- three-arbitrator panel that will conduct arbitration pursuant to its Code and issue its decision within 120 one hundred and twenty (120) days of the date of the appellantappealing party’s written noticenotice of appeal. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding, except for any appellate right which exists under the FAA.

Appears in 2 contracts

Samples: Commercial Internet Service Agreement, Commercial Internet Service Agreement

Arbitration Procedures. This Arbitration Provision is made pursuant Whenever a Party decides to a transaction involving interstate commerce and shall be governed institute arbitration proceedings, it will give written notice to the other Party. A single arbitrator mutually chosen by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended Parties will conduct the arbitration. If the Parties cannot agree upon a single arbitrator within fifteen (15) days after the “FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Provision shall control if it is inconsistent with the applicable Code. In conducting institution of the arbitration proceeding, then the arbitration will be conducted by a panel of three arbitrators appointed in accordance with applicable AAA rules; provided, however, that each Party will within thirty (30) days after the institution of the arbitration proceedings appoint one arbitrator, with the third arbitrator shall not apply being chosen by the federal or any state rules other two arbitrators. If only one Party appoints an arbitrator, then such arbitrator will be entitled to act as the sole arbitrator to resolve the controversy. All arbitrator(s) eligible to conduct the arbitration must agree to render their opinion(s) within thirty (30) days of civil procedure or rules the final arbitration hearing. The arbitrator(s) will have the authority to grant injunctive relief and specific performance, and to allocate between the Parties the costs of evidencearbitration in an equitable manner; provided, however, that each Party will bear its own costs, attorneys fees and witness fees. Either party may submit Notwithstanding the terms of this Section, a request Party will also have the right to obtain, prior to the arbitrator to expand arbitrator(s) rendering the scope of discovery allowable under the applicable Codearbitration decision, provisional remedies, including injunctive relief or specific performance, from a court having jurisdiction thereof. The party submitting such arbitrator(s) will, upon the request of either Party, issue a request must provide written opinion of the findings of fact and conclusions of law and will deliver a copy to the other party, who may submit objections to the arbitrator with a copy each of the objections provided to Parties. Decisions of the requesting party, within 15 days of receiving the requesting party’s notice. The granting or denial of such request arbitrator(s) will be in final and binding on the sole discretion of the arbitrator who shall notify the parties of his/her decision within 20 days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals and business mattersParties. Judgment upon the award rendered by the arbitrator may be entered in any the highest court or forum, state or federal, having jurisdiction; provided, however, that the provisions of this Section will not apply to decisions on the validity of patent claims or to any dispute or controversy as to which any treaty or law prohibits such arbitration. The arbitrator’s decision In no event will a demand for arbitration be final and bindingmade after the date when institution of a legal or equitable proceeding based on such claim, except for any right of appeal provided dispute or other matter in question would be barred by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect applicable statute of the initial award objected to by the appealing party. The appealing party shall have 30 days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three- arbitrator panel that will conduct arbitration pursuant to its Code and issue its decision within 120 days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and bindinglimitations.

Appears in 1 contract

Samples: Collaboration and License Agreement (Isis Pharmaceuticals Inc)

Arbitration Procedures. This Arbitration Provision is made pursuant Because the service provided to a transaction involving you by Astrea concerns interstate commerce and shall be governed by commerce, the Federal Arbitration ActAct ("FAA"), 9 U.S.C. Sections 1-16not state arbitration law, as it shall govern the arbitration of all Disputes. However, applicable federal law or the law of the state where you receive the service from Astrea may apply to and govern the substance of any Disputes. Any state statutes pertaining to arbitration, however, shall not be amended (applicable under this Arbitration Provision. If there is a conflict between this Arbitration Provision and the “FAA”). The rules of the arbitration shall be governed by the applicable Codeorganization chosen, except that (to the extent enforceable under the FAA) this Arbitration Provision shall control if it is inconsistent with the applicable Codegovern. In conducting If the arbitration proceedingorganization that you select will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your dispute with Astrea. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint a service that will enforce the Provision as written. If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. A single arbitrator shall not apply will resolve the federal or any state Dispute. You should know that participating in arbitration may result in limited discovery depending on the rules of civil procedure or rules of evidence. Either party may submit a request the arbitration organization that is chosen to resolve the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within 15 days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within 20 days of the objecting party’s submissionDispute. The arbitrator shall will honor claims of privilege recognized by law and will take reasonable steps to preserve the privacy protect customer account information and other confidential or proprietary information. The arbitrator will make any award in writing but need not provide a statement of individuals and business mattersreasons unless requested by a party. Judgment upon the An award rendered by the arbitrator may be entered in any court having jurisdictionjurisdiction over the parties for purposes of enforcement. The arbitrator’s decision will be final and binding, except for any right of appeal provided If an award granted by the FAA. Howeverarbitrator exceeds $25,000, any either party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect organization by a written notice of the initial award objected to by the appealing party. The appealing party shall have 30 appeal filed within thirty (30) days from the date of entry of the written arbitration award award. The members of the three-arbitrator panel will be selected according to notify the rules of the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writingorganization. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three- three-arbitrator panel that will conduct arbitration pursuant to its Code and issue its decision within 120 one hundred and twenty (120) days of the date of the appellant’s written noticeappealing party's notice of appeal. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding, except for any appellate right which exists under the FAA.

Appears in 1 contract

Samples: Astrea Service Agreement

Arbitration Procedures. This Arbitration Provision arbitration provision is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Provision arbitration provision shall control if it is inconsistent with the applicable Code. In conducting the arbitration proceeding, the arbitrator shall not apply the federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within 15 days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her the decision within 20 days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals and business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have 30 days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three- three-arbitrator panel that will conduct arbitration pursuant to its Code and issue its decision within 120 days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.

Appears in 1 contract

Samples: thebancorp.mybankingservices.com

Arbitration Procedures. This Arbitration Provision Section 25 is made pursuant to a transaction involving interstate commerce commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by , and the applicable CodeRules, except that (to the extent enforceable under the FAA) this Arbitration Provision Section 25 shall control if it is inconsistent with the applicable CodeRules. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the federal Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable CodeRules. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting request party, within 15 fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within 20 twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have 30 days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three- arbitrator panel that will conduct arbitration pursuant to its Code and issue its decision within 120 days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.thirty

Appears in 1 contract

Samples: testapi.corecard.com

Arbitration Procedures. This Arbitration Provision is made pursuant Whenever a party decides to a transaction involving interstate commerce and institute arbitration proceedings, it shall be governed give written notice to the other party. A single arbitrator mutually chosen by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended parties shall conduct the arbitration. If the parties cannot agree upon a single arbitrator within fifteen (15) days after the “FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Provision shall control if it is inconsistent with the applicable Code. In conducting institution of the arbitration proceeding, then the arbitration will be conducted by a panel of three arbitrators appointed in accordance with applicable AAA rules; provided, however, that each party shall within thirty (30) days after the institution of the arbitration proceedings appoint one arbitrator, with the third arbitrator being chosen by the other Agreement Re: Exercise of Stock Warrant two arbitrators. If only one party appoints an arbitrator, then such arbitrator shall not apply be entitled to act as the federal or any state rules sole arbitrator to resolve the controversy. All arbitrator(s) eligible to conduct the arbitration must agree to render their opinion(s) within thirty (30) days after completion of civil procedure or rules the final arbitration hearing. The arbitrator(s) shall have the authority to grant injunctive relief and specific performance, and to allocate between the parties the costs of evidencearbitration in an equitable manner; provided, however, that each party shall bear its own costs, attorneys fees and witness fees. Either Notwithstanding the terms of this Section, a party may submit a request shall also have the right to obtain, prior to the arbitrator to expand arbitrator(s) rendering the scope of discovery allowable under the applicable Codearbitration decision, provisional remedies, including injunctive relief or specific performance, from a court having jurisdiction thereof. The party submitting such arbitrator(s) will, upon the request of either party, issue a request must provide written opinion of the findings of fact and conclusions of law and shall deliver a copy to the other party, who may submit objections to the arbitrator with a copy each of the objections provided to the requesting party, within 15 days of receiving the requesting party’s noticeParties. The granting or denial of such request will be in the sole discretion Decisions of the arbitrator who arbitrator(s) shall notify the parties of his/her decision within 20 days be final and binding on all of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals and business mattersparties. Judgment upon the award rendered by the arbitrator may be entered in any the highest court or forum, state or federal, having jurisdiction. The arbitrator’s decision will be final and binding; provided, except for any right of appeal provided by the FAA. Howeverhowever, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have 30 days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization provisions of this Section will appoint a three- arbitrator panel that will conduct arbitration pursuant not apply to its Code and issue its decision within 120 days decisions on the validity of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and bindingpatent claims or to any dispute or controversy as to which any treaty or law prohibits such arbitration.

Appears in 1 contract

Samples: Option and License Agreement (Chemokine Therapeutics Corp)

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Arbitration Procedures. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that (that, to the extent enforceable under by the FAA) , this Arbitration Provision shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the federal Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within 15 fifteen (15) days of receiving the requesting requested party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within 20 twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that the award rendered by the arbitrator to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have 30 thirty (30) days from the date of the entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three- three-arbitrator panel that which will conduct arbitration pursuant to its Code and issue its decision within 120 one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.

Appears in 1 contract

Samples: Account Agreement

Arbitration Procedures. This Arbitration Provision Section 22 is made pursuant to a transaction involving interstate commerce commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by , and the applicable CodeRules, except that (to the extent enforceable under the FAA) this Arbitration Provision Section 22 shall control if it is inconsistent with the applicable CodeRules. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the federal Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable CodeRules. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting request party, within 15 fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within 20 twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals individuals, and of business matters. The arbitrator will be entitled to award all remedies that would be available under applicable law, including statutory remedies. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have 30 days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three- arbitrator panel that will conduct arbitration pursuant to its Code and issue its decision within 120 days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.thirty

Appears in 1 contract

Samples: Cardholder Agreement

Arbitration Procedures. This Arbitration Provision is made pursuant Because the Service(s) provided to a transaction involving Company by Infostructure concerns interstate commerce and shall be governed by commerce, the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended Act (the “FAA”), not state arbitration law, shall govern the arbitrability of all Disputes. The Applicable federal law or the law of the state where Company receives the Service from Infostructure may apply to and govern the substance of any Disputes. No state statutes pertaining to arbitration shall be governed by applicable under this Arbitration Provision. If there is a conflict between this Arbitration Provision and the applicable Coderules of the arbitration organization, except that (to the extent enforceable under the FAA) this Arbitration Provision shall control if govern. If AAA will not enforce this Arbitration Provision as written, it is inconsistent with the applicable Code. In conducting cannot serve as the arbitration proceedingorganization to resolve Company’s dispute with Infostructure. If this situation arises, the arbitrator parties shall not apply the federal or any state rules of civil procedure or rules of evidenceagree on a substitute arbitration organization. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within 15 days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify If the parties are unable to agree, the parties shall mutually petition a court of his/her decision within 20 days appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. A single arbitrator will resolve the objecting party’s submissionDispute. The arbitrator shall will honor claims of privilege recognized by law and will take reasonable steps to preserve the privacy protect customer account information and other confidential or proprietary information. The arbitrator will make any award in writing but need not provide a statement of individuals and business mattersreasons unless requested by a party. Judgment upon the An award rendered by the arbitrator may be entered in any court having jurisdictionjurisdiction over the parties for purposes of enforcement. The arbitrator’s decision will be final and binding, except for any right of appeal provided If an award granted by the FAA. Howeverarbitrator exceeds $75,000, any either party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect organization by a written notice of the initial award objected to by the appealing party. The appealing party shall have 30 appeal filed within thirty (30) days from the date of entry of the written arbitration award award. The members of the three- arbitrator panel will be selected according to notify the rules of the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writingorganization. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three- three-arbitrator panel that will conduct arbitration pursuant to its Code and issue its decision within 120 one hundred and twenty (120) days of the date of the appellantappealing party’s written noticenotice of appeal. The decision of the three- arbitrator panel shall be by majority vote and shall be final and binding, except for any appellate right which exists under the FAA.

Appears in 1 contract

Samples: Subscription and Service Agreement

Arbitration Procedures. This Arbitration Provision is made pursuant to a transaction involving interstate commerce commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Provision shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within 15 fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within 20 twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have 30 thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three- three-arbitrator panel that which will conduct arbitration pursuant to its Code and issue its decision within 120 one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.

Appears in 1 contract

Samples: Savings Account Agreement

Arbitration Procedures. This Arbitration Provision is made pursuant Because the Service(s) provided to a transaction involving you by Surf Broadband Solutions may concern interstate commerce and shall be governed by commerce, the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended Act (the “FAA”), not state arbitration law, shall govern the arbitrability of all Disputes. The No state statute pertaining to arbitration shall be governed by applicable under this Arbitration Provision. If there is a conflict between this Arbitration Provision and the applicable Coderules of the arbitration organization, except that (to the extent enforceable under the FAA) this Arbitration Provision shall control if govern. If the AAA will not enforce this Arbitration Provision as written, it is inconsistent with the applicable Code. In conducting cannot serve as the arbitration proceedingorganization to resolve your dispute with Surf Broadband Solutions. If this situation arises, the arbitrator parties shall not apply the federal or any state rules of civil procedure or rules of evidenceagree on a substitute arbitration organization. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within 15 days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify If the parties are unable to agree, the parties shall mutually petition a court of his/her decision within 20 days appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. A single arbitrator will resolve the objecting party’s submissionDispute. The arbitrator shall will honor claims of privilege recognized by law and will take reasonable steps to preserve protect customer account information and other confidential or proprietary information. The Federal Rules of Evidence shall apply to any arbitration. The authority of the privacy arbitrator to award damages in any event is and shall be limited in the aggregate to the amounts specified in Section 11. The arbitrator will make any award in writing but need not provide a statement of individuals and business mattersreasons unless requested by a party. Judgment upon the An award rendered by the arbitrator may be entered in any court having jurisdictionjurisdiction over the parties for purposes of enforcement. The arbitrator’s decision will be final and binding, except for any right of appeal provided If an award granted by the FAA. Howeverarbitrator exceeds $75,000, any either party can appeal that award to a three-three- arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect organization by a written notice of the initial award objected to by the appealing party. The appealing party shall have 30 appeal filed within thirty (30) days from the date of entry of the written arbitration award award. The members of the three-arbitrator panel will be selected according to notify the rules of the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writingorganization. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three- arbitrator panel that will conduct arbitration pursuant to its Code and issue its decision within 120 one hundred and twenty (120) days of the date of the appellantappealing party’s written noticenotice of appeal. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding, except for any appellate right which exists under the FAA.

Appears in 1 contract

Samples: Surf Broadband Solutions Agreement for Residential Services

Arbitration Procedures. This Arbitration Provision arbitration provision is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Provision arbitration provision shall control if it is inconsistent with the applicable Code. In conducting the arbitration proceeding, the arbitrator shall not apply the federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within 15 days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her the decision within 20 days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals and business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-three- arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have 30 days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three- three-arbitrator panel that will conduct arbitration pursuant to its Code and issue its decision within 120 days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.

Appears in 1 contract

Samples: thebancorp.mybankingservices.com

Arbitration Procedures. This Arbitration Provision is made pursuant to a transaction involving interstate commerce commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Provision shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within 15 fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within 20 twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have 30 thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three- arbitrator panel that which will conduct arbitration pursuant to its Code and issue its decision within 120 one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.

Appears in 1 contract

Samples: Savings Account Agreement

Arbitration Procedures. This Arbitration Provision Section 20 is made pursuant to a transaction involving interstate commerce commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by , and the applicable CodeRules, except that (to the extent enforceable under the FAA) this Arbitration Provision Section 20 shall control if it is inconsistent with the applicable CodeRules. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the federal Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable CodeRules. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting request party, within 15 fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within 20 twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals individuals, and of business matters. The arbitrator will be entitled to award all remedies that would be available under applicable law, including statutory remedies. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have 30 thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three- three-arbitrator panel that which will conduct arbitration pursuant to its Code Rules and issue its decision within 120 one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.

Appears in 1 contract

Samples: testapi.corecard.com

Arbitration Procedures. This Arbitration Provision Section is made pursuant to a transaction involving interstate commerce commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Provision Section shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the federal Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within 15 days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within 20 days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have 30 thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three- arbitrator panel that which will conduct arbitration pursuant to its Code and issue its decision within 120 one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.

Appears in 1 contract

Samples: Une Femme Cardholder Agreement

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