Arbitration. Except where otherwise provided for in the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contract.
Appears in 10 contracts
Sources: Tender Document, Tender Agreement, Tender Document
Arbitration. Except where otherwise provided for in (i) At the Contractrequest of a Party, all questions and disputes relating the arbitrator shall have the discretion to order depositions of witnesses to the meaning extent the arbitrator deems such discovery relevant and appropriate. Depositions shall be limited to a maximum of three (3) per Party and shall be held within thirty (30) days of the specifications, designs, drawings and instructions herein before mentioned and as to making of a request. Additional depositions may be scheduled only with the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress permission of the work or after the completion or abandonment thereofarbitrator, and for good cause shown. Each deposition shall be referred limited to the sole arbitration a maximum of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed six (6) hours duration unless otherwise permitted by the Chairman & Managing Director, willing to act as such arbitratorarbitrator for good cause shown. There will be no objection if All objections are reserved for the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda Arbitration hearing except for objections based on privilege and that he had to deal with the matters to which the Contract relates proprietary and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or differenceconfidential information. The arbitrator shall also have discretion to whom order the matter is originally referred being transferred Parties to exchange relevant documents. The arbitrator shall also have discretion to order the Parties to answer interrogatories, upon good cause shown.
(ii) The arbitrator, once chosen, shall consider any transaction tapes or vacating any other evidence which the arbitrator deems necessary, as presented by each Party. In deciding the award, the provisions of this Agreement will be binding on the arbitrator. The arbitrator will deliver his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at her decision in writing within 30 days after the transfer, vacation conclusion of the office Arbitration hearing. The arbitrator shall specify the basis for his or her decision, the basis for the damages award and a breakdown of inability the damages awarded, and the basis of any other remedy. Except as provided in the Federal Arbitration Act, the decision of the arbitrator will be binding on and non-appealable by the Parties. Each Party agrees that any arbitration award against it may be enforced in any court of competent jurisdiction and that any Party may authorize any such court to act, enter judgment on the arbitrator’s decision.
(iii) The arbitrator shall appoint another person have no authority to act as arbitrator award punitive or exemplary damages or any other damages other than direct and actual damages.
(iv) Any expenses incurred in accordance connection with hiring the arbitrators and performing the Arbitration shall be shared and paid equally between the Parties. Each Party shall bear and pay its own expenses incurred by each in connection with the terms of Arbitration, unless otherwise included in a solution chosen by the ContractArbitration panel. Such person In the event either Party must file a court action to enforce an arbitration award under this Article, the prevailing Party shall be entitled to proceed with recover its court costs and reasonable attorney fees.
(v) In the reference from event the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for Parties choose to litigate any reason, that is not possiblematter hereunder, the matter is not Parties hereby waive the right to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousandjury trial.
(vi) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place Except as may be fixed required by Applicable Law, the Arbitratorexistence, in his sole discretion. The award contents or results of any Arbitration hereunder may not be disclosed by a Party or the Arbitrator shall be final, conclusive and binding all arbitrator without the parties to this Contractprior written consent of both Parties.
Appears in 10 contracts
Sources: Demand Response Auction Mechanism Resource Purchase Agreement, Demand Response Auction Mechanism Resource Purchase Agreement, Demand Response Auction Mechanism Resource Purchase Agreement
Arbitration. (a) Except where otherwise provided for as contemplated by Section 9(d) or Section 11(c) hereof, any dispute or controversy arising under or in connection with this Agreement that cannot be mutually resolved by the Contractparties to this Agreement and their respective advisors and representatives shall be settled exclusively by arbitration in Southfield, all questions Michigan, before one arbitrator of exemplary qualifications and disputes relating stature, who shall be selected jointly by the Company and Executive, or if the parties cannot agree on the selection of the arbitrator, who shall be selected pursuant to the meaning procedures of the specificationsAmerican Arbitration Association, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, such arbitration shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator conducted in accordance with the terms Employment Dispute Resolution Rules of the Contract. Such person American Arbitration Association then in effect.
(b) The parties agree to use their best efforts to (i) appoint (or, if applicable, cause the American Arbitration Association to appoint) the arbitrator within thirty (30) days of the date that a party hereto notifies the other party that a dispute or controversy exists that necessitates the appointment of an arbitrator, and (ii) cause any arbitration hearing to be held within thirty (30) days of the date of selection of the arbitrator, and, as a condition to his or her selection, such arbitrator must consent to be available for a hearing, at such time.
(c) Judgment may be entered on the arbitrator’s award in any court having jurisdiction, provided that Executive shall be entitled to proceed seek specific performance of Executive’s right to be paid and to participate in benefit programs during the pendency of any dispute or controversy arising under or in connection with this Agreement. The Company and Executive hereby agree that the reference from arbitrator shall be empowered to enter an equitable decree mandating specific performance of the stage at which his predecessor left it. It is also a terms of this Contract that no person other than Agreement. If any dispute under this Section 11 shall be pending, Executive shall continue to receive at a person appointed by such Chairman & Managing Director, as aforesaid should minimum the base salary which Executive was receiving immediately prior to the act as arbitrator and if or omission which forms the basis for any reason, that is not possible, the matter is not to be referred to arbitration at alldispute. In all cases where At the amount close of the claim in dispute arbitration, such continued base salary payments may be offset against any damages awarded to Executive or may be recovered from Executive if it is Rs. 50,000/-(Rupees Fifty Thousand) and above, determined that Executive was not entitled to the arbitrator shall give reasons for continued payment of base salary under the award. Subject as aforesaid, the other provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractAgreement.
Appears in 10 contracts
Sources: Employment Agreement (Lear Corp), Employment Agreement, Employment Agreement (Lear Corp)
Arbitration. Except where otherwise provided for in the Contract, all questions and disputes relating Subject to the meaning right of the specificationseach party to seek specific performance (which right shall not be subject to arbitration), designs, drawings and instructions herein before mentioned and as to the quality if a dispute arises out of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever is in any way arising out of or relating related to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, this Agreement or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment asserted breach thereof, such dispute shall be referred to arbitration before the sole American Arbitration Association the (“AAA”) pursuant to the AAA’s National Rules for the Resolution of Employment Disputes (the “Arbitration Rules”). A dispute subject to the provisions of this Section 15 will exist if either party notifies the other party in writing that a dispute subject to arbitration exists and states, with reasonable specificity, the issue subject to arbitration (the “Arbitration Notice”). The parties agree that, after the issuance of the Chairman & Managing Director of Uranium Corporation of India LimitedArbitration Notice, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to parties will try in good faith between the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any date of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation issuance of the office of inability Arbitration Notice and the date the dispute is set for arbitration to act, shall appoint another person to act as arbitrator resolve the dispute by mediation in accordance with the terms Arbitration Rules. If the dispute is not resolved by the date set for arbitration, then any controversy or claim arising out of this Agreement or the Contract. Such person asserted breach hereof shall be entitled resolved by binding arbitration and judgment upon any award rendered by arbitrator(s) may be entered in a court having jurisdiction. In the event any claim or dispute involves an amount in excess of $100,000, either party may request that the matter be heard and resolved by a single arbitrator. The arbitrator shall have the same power to proceed with compel the reference from attendance of witnesses and to order the stage at which his predecessor left itproduction of documents or other materials and to enforce discovery as could be exercised by a United States District Court judge sitting in Chenango County, New York. It is also In the event of any arbitration, each party shall have a terms reasonable right to conduct discovery to the same extent permitted by the Federal Rules of this Contract Civil Procedure, provided that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, discovery shall be concluded within ninety (90) days after the date the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons set for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator or arbitrators shall have the power to award reasonable attorneys’ fees to the prevailing party. Any provisions in this Agreement to the contrary notwithstanding, this Section 15 shall be deemed to governed by the Federal Arbitration Act, and the parties have entered on the reference on the date he issues notice into this Agreement pursuant to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractact.
Appears in 9 contracts
Sources: Employment Agreement (NBT Bancorp Inc), Employment Agreement (NBT Bancorp Inc), Employment Agreement (NBT Bancorp Inc)
Arbitration. Except where otherwise as provided for in the Contractsubsection (h) of this Section 12, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall Dispute must be referred to the sole resolved by binding arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also following:
(a) A Party may begin arbitration by filing a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect accordance with the Arbitration Rules and concurrently Notifying the other Party of that demand. If the Parties are unable to agree upon a panel of three arbitrators within ten days after the demand for arbitration was filed (and do not agree to an extension of that ten-day period), either Party may request the Dallas office of the American Arbitration Association to appoint the arbitrator or arbitrators necessary to complete the panel in accordance with the Arbitration Rules. Each arbitrator so appointed shall be deemed accepted by the Parties as part of the panel.
(b) The arbitration shall be conducted in the Dallas-Fort Worth, Texas metropolitan area at a place and time agreed upon by the Parties with the panel, or if the Parties cannot agree, as designated by the panel. The panel may, however, call and conduct hearings and meetings at such other places as the Parties may agree or as the panel may, on the motion of one Party, determine to be necessary to obtain significant testimony or evidence.
(c) The panel may authorize any claim(s) in writing within 90 days and all forms of receiving the intimation from the Corporation discovery upon a Party’s showing of need that the bill requested discovery is ready for acceptance likely to lead to material evidence needed to resolve the Dispute and is not excessive in scope, timing, or cost.
(d) The arbitration shall be subject to the Federal Arbitration Act and conducted in accordance with the Arbitration Rules to the extent that they do not conflict with this Section 12. The Parties and the panel may, however, agree to vary to provisions of this Section 12 or the matters otherwise governed by the Arbitration Rules.
(e) The arbitration hearing shall be held within 30 days after the appointment of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company panel. The panel’s final decision or award shall be discharged and released of all liabilities under made within 30 days after the Contract in respect of these claimshearing. The arbitrator(s) may from time to time with That final decision or award shall be made by unanimous or majority vote or consent of the parties enlarge arbitrators constituting the timepanel, for making and publishing shall be deemed issued at the awardplace of arbitration. The panel’s final decision or award shall be based on this Agreement and applicable law; the panel may not act according to equity and conscience or apply the law merchant.
(f) The panel’s final decision or award may include injunctive relief in response to any actual or impending breach of this Agreement or any other actual or impending action or omission of a Party under or in connection with this Agreement.
(g) The panel’s final decision or award shall be final and binding upon the Parties, and judgment upon that decision or award may be entered in any court having jurisdiction. The Parties waive any right to apply or appeal to any court for relief from the preceding sentence or from any decision of the Engineer-in-charge regarding panel made before the quantum final decision or award.
(h) Nothing in this Section 12 limits the right of reduction as well as justification thereof either Party to apply to a court having jurisdiction to (i) enforce the agreement to arbitrate in respect of rates for substandard workaccordance with this Section 12, which may be decided (ii) seek provisional or temporary injunctive relief, in response to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date an actual or impending breach of the first hearingAgreement or otherwise so as to avoid a irrevocable damage or maintain the status quo, until a final arbitration decision or award is rendered or the Dispute is otherwise resolved, or (iii) challenge or vacate any final arbitration decision or award that does not comply with this Section 12. The venue of Arbitration shall be such place as may be fixed In addition, nothing in this Section 12 prohibits the Parties from resolving any Dispute (in whole or in part) by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractagreement.
Appears in 9 contracts
Sources: Change in Control Executive Severance Agreement (Ace Cash Express Inc/Tx), Change in Control Executive Severance Agreement (Ace Cash Express Inc/Tx), Change in Control Executive Severance Agreement (Ace Cash Express Inc/Tx)
Arbitration. Except where otherwise provided for (a) Any dispute, claim or controversy arising under or in the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, connection with this Agreement or the execution Executive’s employment hereunder or failure to execute the sametermination thereof, whether arising during the progress of the work or after the completion or abandonment thereofother than injunctive relief under Section 9 hereof, shall be referred to the sole settled exclusively by arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed administered by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if American Arbitration Association (the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda “AAA”) and that he had to deal with the matters to which the Contract relates and that carried out in the course State of his duties as such he had expressed views on all or any of the matters in dispute or differenceNew York. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, arbitration shall appoint another person to act as arbitrator be conducted in accordance with the terms AAA rules governing commercial arbitration in effect at the time of the Contractarbitration, except as modified herein. Such person There shall be entitled three arbitrators, one of whom shall be nominated by the Company and one who shall be nominated by the Executive within thirty (30) days of receipt by respondent of the demand for arbitration, and the third arbitrator, who shall chair the arbitral tribunal, shall be nominated by the party nominated arbitrators within thirty (30) days of the nomination of the second arbitrator. If any arbitrator is not appointed within the time limit provided herein, upon request of any party to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person arbitration, such arbitrator shall be appointed by the AAA within fifteen (15) days of receiving such Chairman & Managing Directorrequest.
(b) The arbitration shall commence within forty-five (45) days after the appointment of the third arbitrator; the arbitration shall be completed within sixty (60) days of commencement; and the arbitrators’ award shall be made within thirty (30) days following such completion. The parties may agree to extend the time limits specified in the foregoing sentence.
(c) The arbitral tribunal may award any form of relief permitted under this Agreement and applicable law, as aforesaid should act as arbitrator including damages and if for any reasontemporary or permanent injunctive relief, except that the arbitral tribunal is not possibleempowered to award damages in excess of compensatory damages, and each party hereby irrevocably waives any right to recover punitive, exemplary or similar damages with respect to any dispute. The award shall be in writing and shall state the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s.
(d) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of rendered by the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will arbitral tribunal shall be final and would not be open to arbitration. The arbitrator shall be deemed to have entered binding on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractAgreement. Judgment may be entered in any court of competent jurisdiction. The parties hereto waive, to the fullest extent permitted by law, any rights to appeal to, or to seek review of such award by, any court. The parties hereto further agree to obtain the arbitral tribunal’s agreement to preserve the confidentiality of the arbitration.
Appears in 8 contracts
Sources: Employment Agreement (Overseas Shipholding Group Inc), Employment Agreement (Overseas Shipholding Group Inc), Employment Agreement (Overseas Shipholding Group Inc)
Arbitration. Except where otherwise provided for in 8.01 The parties agree that any dispute or grievance (excluding policy grievances) concerning the Contractinterpretation, application or alleged violation of this Agreement, which has been properly carried through all questions and disputes relating to the meaning steps of the specificationsGrievance Procedure outlined in Article 7 above, designsand has not been settled, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall will be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda HRSDC Federal Mediation and if the Chairman and Managing Director is unable or unwilling Conciliation Service for grievance mediation prior to act being referred to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid a mutually agreed single Arbitrator at the transfer, vacation written request of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent either of the parties enlarge hereto for arbitration unless mutually agreed that mediation is not required. Employees who are required to attend Mediation sessions scheduled by the timeCompany and Union will be reimbursed for actual regular hours work lost. Reimbursement will be calculated based on the employee’s base rate of pay.
8.02 Should the parties be unable to agree upon a single Arbitrator, for making and publishing application will be made to the award. Minister of Labour to appoint an Arbitrator.
8.03 The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive final and binding all upon the parties hereto and any employee affected by it.
8.04 If the Arbitrator finds the grievance to be arbitral, the Arbitrator shall hear and determine the grievance and shall issue a written decision setting out the reasons for the decision and the findings of fact upon which the decision is based and the decision shall be final and binding upon the parties and upon any employee affected by it.
8.05 The Arbitrator shall not have any power or jurisdiction to alter, change, amend or add to or detract from any of the provisions of this ContractAgreement or to substitute any new provisions for any existing provisions or to make any decision inconsistent with the terms of and provisions of this Agreement, nor to deal with any matter not specifically covered by it, nor to deal with any matter not contained in the written grievance filed by the grievor. No matter may be submitted to arbitration which has not been properly carried through all previous steps of the grievance procedure.
8.06 Each of the parties hereto will jointly share the expenses of the Arbitrator.
Appears in 8 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration. Except where otherwise provided for in the ContractAny dispute, all questions and disputes relating to the meaning of the specificationsclaim or controversy based on, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders Executive’s employment or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, this Agreement shall be referred to the sole settled by final and binding arbitration of the Chairman & Managing Director of Uranium Corporation of India Limitedin New York, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitrationNew York, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as before a single neutral arbitrator in accordance with the JAMS Employment Arbitration Rules and Procedures (the “Rules”), and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. The Rules may be found online at ▇▇▇.▇▇▇▇▇▇▇.▇▇▇. If the parties are unable to agree upon an arbitrator, one shall be appointed by JAMS in accordance with its Rules. Each party shall pay the fees of its own attorneys, the expenses of its witnesses and all other expenses connected with presenting its case; provided, however, Executive and the Company agree that, to the extent permitted by law, the arbitrator may, in his or her discretion, award reasonable attorneys’ fees to the prevailing party; provided, further, that the prevailing party shall be reimbursed for such fees, costs and expenses within forty-five (45) days following any such award, but in no event later than the last day of Executive’s taxable year following the taxable year in which the fees, costs and expenses were incurred; provided, further, that the parties’ obligations pursuant to this sentence shall terminate on the tenth (10th) anniversary of the date of Executive’s termination of employment. Other costs of the arbitration, including the cost of any record or transcripts of the arbitration, JAMS administrative fees, the fee of the arbitrator, and all other fees and costs, shall be borne by the Company. This Section 7 is intended to be the exclusive method for resolving any and all claims by the parties against each other for payment of damages under this Agreement or relating to Executive’s employment; provided, however, that Executive shall retain the right to file administrative charges with or seek relief through any government agency of competent jurisdiction, and to participate in any government investigation, including but not limited to (a) claims for workers’ compensation, state disability insurance or unemployment insurance; (b) administrative claims brought before any state or federal governmental authority; provided, however, that any appeal from an award or from denial of an award of wages and/or waiting time penalties shall be arbitrated pursuant to the terms of this Agreement; and (c) claims for administrative relief from the Contract. Such person United States Equal Employment Opportunity Commission and/or any similar state agency in any applicable jurisdiction); provided, further, that Executive shall not be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person obtain any monetary relief through such agencies other than a person appointed by workers’ compensation benefits or unemployment insurance benefits. This Agreement shall not limit either party’s right to obtain any provisional remedy, including, without limitation, injunctive or similar relief, from any court of competent jurisdiction as may be necessary to protect their rights and interests pending the outcome of arbitration, including without limitation injunctive relief, in any court of competent jurisdiction. Seeking any such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is relief shall not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred be a waiver of such party’s right to compel arbitration. Both Executive and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time Company expressly waive their right to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contracta jury trial.
Appears in 8 contracts
Sources: Employment Agreement (Zentalis Pharmaceuticals, Inc.), Employment Agreement (Zentalis Pharmaceuticals, Inc.), Employment Agreement (Zentalis Pharmaceuticals, Inc.)
Arbitration. Except where otherwise provided for To aid in the Contract, all questions rapid and economical resolution of any disputes relating to that may arise in the meaning course of the specificationsemployment relationship, designsExecutive and the Company agree that any and all disputes, drawings and instructions herein before mentioned and as to the quality of workmanship claims, or materials used on the work or as to any other question, claim, right, matter or thing whatsoever demands in any way arising out of or relating to the Contractterms of this Agreement, designsCompany equity held by Executive, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning Executive’s employment relationship with the worksCompany, or the execution termination of Executive’s employment or failure to execute service relationship with the same, whether arising during the progress of the work or after the completion or abandonment thereofCompany, shall be referred resolved, to the sole fullest extent permitted by law, by final, binding and confidential arbitration of the Chairman & Managing Director of Uranium Corporation of India Limitedin Salt Lake City, Jaduguda Utah, conducted before a single neutral arbitrator selected and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator administered in accordance with the terms employment arbitration rules & procedures or then applicable equivalent rules of JAMS, Inc. (the “JAMS Rules”) and the Federal Arbitration Act, 9 U.S.C. Sec. 1, et seq. A copy of the ContractJAMS rules may be found on the JAMS website at ▇▇▇.▇▇▇▇▇▇▇.▇▇▇ and will be provided to Executive by the Company upon request. Such person BY AGREEING TO THIS ARBITRATION PROCEDURE, EXECUTIVE AND THE COMPANY WAIVE THE RIGHT TO RESOLVE ANY SUCH DISPUTE, CLAIM OR DEMAND THROUGH A TRIAL BY JURY OR JUDGE OR BY ADMINISTRATIVE PROCEEDING IN ANY JURISDICTION. Executive will have the right to be represented by legal counsel at any arbitration proceeding, at Executive’s expense. The arbitrator shall: (a) have the authority to compel adequate discovery for the resolution of the dispute and to award such relief as would otherwise be available under applicable law in a court proceeding and (b) issue a written statement signed by the arbitrator regarding the disposition of each claim and the relief, if any, awarded as to each claim, the reasons for the award, and the arbitrator’s essential findings and conclusions on which the award is based. The parties agree that the prevailing party in any arbitration shall be entitled to proceed injunctive relief in any court of competent jurisdiction to enforce the arbitration award. This Section 11(i) is intended to be the exclusive method for resolving any and all claims by the parties against each other for payment of damages under this Agreement or relating to Executive’s employment; provided, however, that Executive shall retain the right to file administrative charges with or seek relief through any government agency of competent jurisdiction, and to participate in any government investigation, including but not limited to (i) claims for workers’ compensation, state disability insurance or unemployment insurance; (ii) claims for unpaid wages or waiting time penalties brought before any governmental agency; provided, however, that any appeal from an award or from denial of an award of wages and/or waiting time penalties shall be arbitrated pursuant to the reference from the stage at which his predecessor left it. It is also a terms of this Contract Agreement; and (iii) claims for administrative relief from the United States Equal Employment Opportunity Commission and/or the any similar agency in any applicable jurisdiction; provided, further, that no person Executive shall not be entitled to obtain any monetary relief through such agencies other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that workers’ compensation benefits or unemployment insurance benefits. Nothing in this Agreement is not possible, intended to prevent either Executive or the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 Company from obtaining injunctive relief (or any statutory modification or re-enactment thereof other provisional remedy) in any court of competent jurisdiction pursuant to applicable law to prevent irreparable harm (including, without limitation, pending the conclusion of any arbitration). The Company shall pay the arbitrator’s fees, arbitration expenses and the rules made there under and for the time being in force, shall apply any other costs unique to the arbitration proceeding under this clause. It is a term of (recognizing that each side shall bear its own deposition, witness, expert and attorney’s fees and other expenses to the Contract same extent as if the matter were being heard in court); provided, however, that the party invoking arbitration shall specify arbitrator may award attorney’s fees and costs to the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such disputeprevailing party, except as prohibited by law. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the ContractorTHE EXECUTIVE AND THE COMPANY WAIVE ANY CONSTITUTIONAL OR OTHER RIGHT TO BRING CLAIMS COVERED BY THIS AGREEMENT OTHER THAN IN THEIR INDIVIDUAL CAPACITIES. EXCEPT AS MAY BE PROHIBITED BY LAW, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractTHIS WAIVER INCLUDES THE ABILITY TO ASSERT CLAIMS AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Appears in 8 contracts
Sources: Employment Agreement (Bridge Investment Group Holdings Inc.), Employment Agreement (Bridge Investment Group Holdings Inc.), Employment Agreement (Bridge Investment Group Holdings Inc.)
Arbitration. (a) Except where otherwise provided for as contemplated by Section 9(d) or Section 11(c) hereof, any dispute or controversy arising under or in connection with this Agreement that cannot be mutually resolved by the Contractparties to this Agreement and their respective advisors and representatives shall be settled exclusively by arbitration in Southfield, all questions Michigan, before one arbitrator of exemplary qualifications and disputes relating stature, who shall be selected jointly by an individual to be designated by the Company and an individual to be selected by Executive, or if such two individuals cannot agree on the selection of the arbitrator, who shall be selected pursuant to the meaning procedures of the specificationsAmerican Arbitration Association, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, such arbitration shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator conducted in accordance with the terms Employment Dispute Resolution Rules of the Contract. Such person American Arbitration Association then in effect.
(b) The parties agree to use their best efforts to cause (i) the two individuals set forth in the preceding Section 11(a), or, if applicable, the American Arbitration Association, to appoint the arbitrator within thirty (30) days of the date that a party hereto notifies the other party that a dispute or controversy exists that necessitates the appointment of an arbitrator, and (ii) any arbitration hearing to be held within thirty (30) days of the date of selection of the arbitrator, and, as a condition to his or her selection, such arbitrator must consent to be available for a hearing, at such time.
(c) Judgment may be entered on the arbitrator’s award in any court having jurisdiction, provided that Executive shall be entitled to proceed seek specific performance of Executive’s right to be paid and to participate in benefit programs during the pendency of any dispute or controversy arising under or in connection with this Agreement. The Company and Executive hereby agree that the reference from arbitrator shall be empowered to enter an equitable decree mandating specific performance of the stage at which his predecessor left it. It is also a terms of this Contract that no person other than Agreement. If any dispute under this Section 11 shall be pending, Executive shall continue to receive at a person appointed by such Chairman & Managing Director, as aforesaid should minimum the base salary which Executive was receiving immediately prior to the act as arbitrator and if or omission which forms the basis for any reason, that is not possible, the matter is not to be referred to arbitration at alldispute. In all cases where At the amount close of the claim in dispute arbitration, such continued base salary payments may be offset against any damages awarded to Executive or may be recovered from Executive if it is Rs. 50,000/-(Rupees Fifty Thousand) and above, determined that Executive was not entitled to the arbitrator shall give reasons for continued payment of base salary under the award. Subject as aforesaid, the other provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractAgreement.
Appears in 8 contracts
Sources: Employment Agreement (Lear Corp), Employment Agreement (Lear Corp), Employment Agreement (Lear Corp)
Arbitration. Except where otherwise provided for If any dispute or controversy arises under or in connection with this Agreement, is not resolved within a commercially reasonable time not to exceed sixty (60) days, then such dispute or controversy shall be settled exclusively by arbitration, conducted before a single neutral arbitrator at a location mutually agreed between the Contract, all questions Company and disputes relating to Executive within the meaning state of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as Company’s headquarters at such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator time in accordance with the terms Employment Arbitration Rules & Procedures of JAMS (“JAMS”) then in effect, in accordance with this Section 13(h), except as otherwise prohibited by any nonwaivable provision of applicable law or regulation. The parties hereby agree that the Contractarbitrator shall construe, interpret and enforce this Agreement in accordance with its express terms, and otherwise in accordance with the governing law as set forth in Section 13(a). Such person Judgment may be entered on the arbitration award in any court having jurisdiction, provided, however, that either Party shall be entitled to proceed with seek a restraining order or injunction in any court of competent jurisdiction to prevent any continuation of any violation of the reference from the stage at which his predecessor left it. It is also a terms provisions of this Contract Agreement and Executive hereby consents that such restraining order or injunction may be granted without requiring the other Party to post a bond. Unless the parties otherwise agree, only individuals who are on the JAMS register of arbitrators shall be selected as an arbitrator. Additionally, except upon showing of cause each party shall have the right to propound no person more than 10 special interrogatories and requests for admission, and to take the deposition of one individual and any expert witness designated by the other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at allparty. In all cases where the amount Within 20 days of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and aboveconclusion of the arbitration hearing, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions prepare written findings of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof fact and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clauseconclusions of law. It is a term of the Contract mutually agreed that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The written decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard workarbitrator shall be valid, which may be decided to be acceptedbinding, will be final and would not enforceable by any court of competent jurisdiction. In the event action is brought pursuant to this Section 13(h), the arbitrator shall have authority to award fees and costs to the prevailing party, in accordance with applicable law. If in the opinion of the arbitrator there is no prevailing party, then each party shall pay its own attorney’s fees and expenses. Both Executive and the Company expressly waive their right to a jury trial. Nothing in this subsection shall be open construed as precluding the bringing of an action for injunctive relief or specific performance as provided in this Agreement. This dispute resolution process and any arbitration hereunder shall be confidential and neither any Party nor the arbitrator shall disclose the existence, contents or results of such process without the prior written consent of all Parties, except where necessary or compelled in a Court to enforce this arbitration provision or an award from such arbitration or otherwise in a legal proceeding. Notwithstanding the foregoing, Executive and the Company each have the right to resolve any issue or dispute over intellectual property rights by Court action instead of arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date Company may also enjoin by Court action any breach of the first hearing. The venue of Arbitration shall be such place Sections 5-6 or 7 as may be fixed permitted by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractSection 8.
Appears in 8 contracts
Sources: Employment Agreement (DENTSPLY SIRONA Inc.), Employment Agreement (DENTSPLY SIRONA Inc.), Employment Agreement (DENTSPLY SIRONA Inc.)
Arbitration. Except where with respect to disputes and claims under Section 7, Section 8, or Section 9 (which the parties hereto may pursue in any court of competent jurisdiction as provided in this Agreement and with respect to which each party shall bear the cost of its own attorneys’ fees and expenses, except to the extent otherwise provided for required by applicable law), each party hereto agrees that arbitration pursuant to the procedures set forth in the Contract, all questions and disputes relating to National Rules for the meaning Resolution of Employment Disputes of the specifications, designs, drawings American Arbitration Association (the “AAA Rules”) shall be the sole and instructions herein before mentioned and as to the quality of workmanship exclusive method for resolving any claim or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way dispute (“Claim”) arising out of or relating to the Contractrights and obligations of the parties under this Agreement and the employment of Executive by the Company and its Subsidiaries (including, designswithout limitation, drawingsclaims and disputes regarding employment discrimination, specificationssexual harassment and wrongful termination), estimates, instructions, orders or these conditions or otherwise concerning the works, whether such Claim arose or the execution or failure facts on which such Claim is based occurred prior to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, execution and delivery of this Agreement. The parties hereto agree that (i) one arbitrator shall be referred appointed pursuant to the sole arbitration AAA Rules to conduct any such arbitration, (ii) all meetings of the Chairman & Managing Director of Uranium Corporation of India Limitedparties and all hearings with respect to any such arbitration shall take place in Michigan, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act (iii) each party to the sole arbitrationarbitration shall bear its own costs and expenses (including, without limitation, all attorneys’ fees and expenses, except to the extent otherwise required by applicable law), and (iv) all costs and expenses of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause(such as filing fees, the arbitrator’s fees, hearing expenses, etc.) shall be borne equally by the parties hereto. It is a term of the Contract The parties agree that the party invoking arbitration shall specify the dispute judgment, award or disputes to be referred to other determination of any arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator AAA Rules shall be final, conclusive and binding on all of the parties hereto. Nothing in this Section 29 shall prohibit any party hereto from instituting litigation to this Contractenforce any final judgment, award or determination of the arbitration. Each party hereto further agrees that each other party hereto may initiate litigation in any court of competent jurisdiction to execute any judicial judgment enforcing or not enforcing any award, judgment or determination of the arbitration.
Appears in 8 contracts
Sources: Employment Agreement, Employment Agreement, Employment Agreement (Metaldyne Performance Group Inc.)
Arbitration. Except where otherwise provided for in Executive voluntarily agrees (and not as a condition of employment) that any controversy between Executive and the Contract, all questions and disputes relating to Company involving the meaning construction or application of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters terms, covenants, or conditions of this Agreement or Executive’s employment hereunder or the termination of such employment shall be subject to arbitration to be held in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator Vermont in accordance with the terms Employment Arbitration Rules and Procedures (“JAMS Rules”) of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect. A copy of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount current version of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor JAMS Rules will be deemed made available to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claimsExecutive upon request. The arbitrator(s) JAMS Rules may be amended from time to time with consent of and are also available online at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇.▇▇▇/rules-employment-arbitration. The dispute will be decided by a single neutral arbitrator to be mutually agreed upon by the parties enlarge from JAMS’ panel of arbitrators. All controversies covered by this Section 19 shall be arbitrated on an individual basis, and each party hereto hereby foregoes and waives any right to arbitrate any such controversy as a class action or collective action or on a consolidated basis or in a representative capacity on behalf of other persons or entities who are claimed to be similarly situated, or to participate as a class member in such a proceeding. The arbitrator may grant injunctions or other relief in the time, for making and publishing the awarddispute or controversy. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, made in his sole discretion. The award of the Arbitrator shall writing and will be final, conclusive and binding all on the parties to the arbitration. The prevailing party in the arbitration proceeding shall be entitled to recover reasonable costs, including attorney’s fees, as allowed by law and determined by the arbitrator, although the Company will pay for all arbitration fees other than the initial filing fee, which will equal the amount for the filing had a complaint been filed in court. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. The parties hereto waive, to the fullest extent permitted by law, any rights to appeal to, or to seek review of such award by, any court. This provision is governed by the Federal Arbitration Act. For the avoidance of doubt and notwithstanding anything in this ContractSection 19 to the contrary, in accordance with Section 12, the Company shall be entitled to injunctive relief from any court of competent jurisdiction related to any violation or claimed violation of the restrictions and obligations in respect of any of the restrictive covenants in Section 9 or otherwise as set forth in this Agreement. Nothing in this Section 19 precludes Executive from filing a charge or complaint with a federal, state or other governmental administrative agency.
Appears in 8 contracts
Sources: Employment Agreement (BETA Technologies, Inc.), Employment Agreement (BETA Technologies, Inc.), Employment Agreement (BETA Technologies, Inc.)
Arbitration. Except where otherwise provided for in the ContractEmployer and Employee agree that, all questions and disputes relating to the meaning of the specifications, designs, drawings extent permitted by law and instructions herein before mentioned and as to the quality extent that the enforceability of workmanship this Agreement is not thereby impaired, any and all disputes, controversies or materials used on claims between Employee and Employer, except disputes concerning the work use or as to any other questiondisclosure of trade secrets, claimproprietary and/or confidential information, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereofunder Section 12 hereof, shall be referred to the sole determined exclusively by final and binding arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course County of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasonsSan Francisco, such Chairman & Managing Director as aforesaid at the transferCalifornia, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms employment rules of the ContractAmerican Arbitration Association then in effect. Such person The controversy or claim shall be entitled submitted to proceed with three arbitrators, one of whom shall be chosen by Employer, one of whom shall be chosen by Employee, and the reference from third of whom shall be chosen by the stage at which his predecessor left two arbitrators so selected. The party desiring arbitration shall give written notice to the other party of its desire to arbitrate the particular matter in question, naming the arbitrator selected by it. It is also If the other party shall fail within a terms period of this Contract that no person other than a person appointed 15 days after such notice shall have been given to reply in writing naming the arbitrator selected by such Chairman & Managing Directorit, as aforesaid should act as arbitrator and if then the party not in default may apply to the American Arbitration Association for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount appointment of the claim in dispute is Rssecond arbitrator. 50,000/-(Rupees Fifty Thousand) and aboveIf the two arbitrators chosen as above shall fail within 15 days after their selection to agree upon a third arbitrator, then either party may apply to the arbitrator shall give reasons American Arbitration Association for the awardappointment of an arbitrator to fill the place so remaining vacant. Subject as aforesaid, Employer shall pay the provisions fees of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the awardarbitrators so selected. The decision of any two of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will arbitrators shall be final and would not binding upon the parties hereto and shall be open delivered in writing signed in triplicate by the concurring arbitrators to arbitrationeach of the parties hereto. The arbitrator parties agree that both parties will be allowed to engage in adequate discovery consistent with the nature of the claims in dispute. The arbitrators shall have the authority to entertain a motion to dismiss and/or a motion for summary judgment by any party and shall apply the standards governing such motions under the Federal Rules of Civil Procedure. The arbitrators shall have discretion to award monetary and other damages, or no damages, and to fashion such other relief as the arbitrators deem appropriate. The arbitrators also shall have discretion to award the prevailing party reasonable costs and attorneys’ fees incurred in bringing or defending an action under this Section 18, as permitted by applicable law. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction. Nothing in this Section 18 shall limit the Employer’s ability to seek injunctive relief for any violation of Employee’s obligations concerning nondisclosure, loyalty and nonsolicitation as set forth in Section 12 hereof. Any such injunctive relief proceeding shall be deemed without prejudice to any rights Employer or Employee may have entered on the reference on the date he issues notice under this Agreement to both the parties fixing the date of the first hearing. The venue of Arbitration shall be obtain relief in arbitration with respect to such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractmatters.
Appears in 8 contracts
Sources: Employment Agreement (Willis Lease Finance Corp), Employment Agreement (Willis Lease Finance Corp), Employment Agreement (Willis Lease Finance Corp)
Arbitration. Except where otherwise provided for in the ContractAny dispute, all questions and disputes relating to the meaning of the specificationscontroversy, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way claim arising out of or relating related to this Agreement or any breach of this Agreement or the ContractExecutive’s employment, designswhether the claim arises in contract, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the workstort, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereofstatute, shall be referred submitted to and decided by binding arbitration with the exception of the following claims by Executive: (1) for state Workers’ Compensation benefits; (2) for unemployment insurance benefits filed with the appropriate government entity; (3) arising under a benefit plan where the plan expressly specifies a separate arbitration procedure; (4) arising under the National Labor Relations Act and filed through a charge with the National Labor Relations Board; (5) for sexual harassment or sexual assault under state or federal law; or (6) which are otherwise expressly prohibited by law from being subject to arbitration under this Agreement. Executive and the Companies expressly acknowledge and agree that by entering into this Agreement, Executive and the Companies waive any right to a jury trial on any dispute or claim that is subject to binding arbitration under this Agreement. Any arbitration under this Agreement shall be conducted pursuant to the sole arbitration Employment/Workplace Arbitration Rules and Mediation Procedures of the Chairman & Managing Director American Arbitration Association (“AAA”) then in effect. Any arbitration shall be heard before a single arbitrator and shall be held in ________, California.
A. All aspects of Uranium Corporation the arbitration, including without limitation, the record of India Limitedthe proceeding and any award or findings by the arbitrator, Jaduguda are confidential and if the Chairman and Managing Director is unable or unwilling to act shall not be open to the sole arbitrationpublic except: (1) to the extent the parties agree otherwise in writing, (2) as may be appropriate in any subsequent proceedings between the parties, or (3) as may otherwise be appropriate in response to a governmental agency or legal process, provided that the party upon whom such process is served shall give immediate notice of some such process to the other person appointed party and afford the other party an appropriate opportunity to object to such process.
B. Executive and the Companies will share the costs of arbitration equally except that the Companies will bear the cost of the arbitrator’s fee and any other type of expense or cost that Executive would not be required to bear if Executive were to bring the dispute or claim in court. Each party will be responsible for its own attorney’s fees, and the arbitrator may not award attorney’s fees unless a statute or contract at issue specifically authorizes such an award. Injunctive relief and other provisional remedies will be available in accordance with Section 1281.8 of the California Code of Civil Procedure and Federal Rule of Civil Procedure 65. Nothing in this Section XIII shall prohibit either party from seeking provisional remedies, including without limitation preliminary injunctions and temporary restraining orders, in a court of competent jurisdiction.
C. To the fullest extent permitted by law, and notwithstanding anything else in this Agreement, Executive and the Companies agree that any claims brought by the Chairman & Managing DirectorCompanies (or one of its parents, willing to act as such arbitrator. There will subsidiaries or affiliates), by Executive or on Executive’s behalf shall be no objection if decided by the arbitrator so appointed is on an employee of Uranium Corporation of India Limitedindividual basis and not on a class, Jaduguda collective or representative basis. Accordingly, class, collective and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or differencerepresentative actions are not permitted under this Agreement. The arbitrator shall not have the authority or jurisdiction to whom hear the matter arbitration as a class, collective or representative action or to join or consolidate causes of action of different parties into one proceeding. To the fullest extent permitted by law, Executive and the Companies agree to waive, to the maximum extent possible, any rights to bring or participate in class, collective or representative actions with respect to any claims. Notwithstanding the foregoing, if and to the extent applicable law precludes you or the Companies from waiving any right to bring class, collective or representative claims, and provided that the applicable law is originally referred being transferred not preempted by the Federal Arbitration Act or vacating his office other federal law, then Executive and the Companies agree that such class, collective or being unable representative claims shall not be subject to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of this Agreement and shall be heard by a court of competent jurisdiction.
D. Except upon a substantial showing of good cause, discovery will be limited to the Contractexchange of relevant documents and three depositions per side. Such person Upon request, either party shall be entitled to proceed with receive, prior to the reference from final hearing, information and copies of documents that meet the stage at which criteria for discovery. Upon request, Executive shall also be entitled to a true copy of his predecessor left it. It is also a terms or her employment records kept in the ordinary course of this Contract that no person business (including, without limitation any and all performance evaluations), other than a person appointed records relating to pre-employment procedures and any reference checks, subject to any condition or limitation imposed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator upon a showing of good cause. Any dispute relative to discovery shall give reasons be presented to the arbitrator for final and binding resolution. The arbitrator will have the awardauthority to hear and grant motions, including but not limited to motions for summary judgment and summary adjudication.
E. The arbitrator shall issue a final and binding award that shall contain the essential findings of fact and conclusions of law on which the decision is based. Subject as aforesaidJudgment upon the award may be entered, the provisions and enforcement may be sought, in any court of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, competent jurisdiction.
F. The arbitrator shall apply the arbitration proceeding under this clause. It is a term substantive federal, state, and/or local law of the Contract that jurisdiction where Executive is or was employed by the party invoking arbitration Companies, as applicable, to any claims and defenses asserted by the parties.
G. The arbitrator shall specify have the dispute exclusive authority and jurisdiction to resolve any issue relating to the formation or disputes enforceability of this Agreement, or any issue relating to be referred whether a claim is subject to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractAgreement.
Appears in 8 contracts
Sources: Executive Employment Agreement (Volato Group, Inc.), Executive Employment Agreement (Volato Group, Inc.), Executive Employment Agreement (Volato Group, Inc.)
Arbitration. Except where otherwise provided for in the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to (a) The parties shall promptly submit any other questiondispute, claim, right, matter or thing whatsoever in any way controversy arising out of or relating to this Agreement (including with respect to the Contractmeaning, designseffect, drawingsvalidity, specificationstermination, estimatesinterpretation, instructions, orders or these conditions or otherwise concerning the worksperformance, or enforcement of this Agreement) or any alleged breach thereof (including any action in tort, contract, equity, or otherwise), to binding arbitration before one arbitrator (the execution “Arbitrator”). Binding arbitration shall be the sole means of resolving any dispute, claim, or failure controversy arising out of or relating to execute this Agreement (including with respect to the samemeaning, whether arising during effect, validity, termination, interpretation, performance or enforcement of this Agreement) or any alleged breach thereof (including any claim in tort, contract, equity, or otherwise).
(b) If the progress parties cannot agree upon the Arbitrator, the Arbitrator shall be selected by the New York, New York chapter head of the work American Arbitration Association upon the written request of either side. The Arbitrator shall be selected within thirty (30) days of such written request.
(c) The laws of the State of New York shall apply to any arbitration hereunder. In any arbitration hereunder, this Agreement shall be governed by the laws of the State of New York applicable to a contract negotiated, signed, and wholly to be performed in the State of New York, which laws the Arbitrator shall apply in rendering his decision. The Arbitrator shall issue a written decision, setting forth findings of fact and conclusions of law, within sixty (60) days after he shall have been selected. The Arbitrator shall have no authority to award punitive or after other exemplary damages.
(d) The arbitration shall be held in New York, New York in accordance with and under the completion then-current provisions of the rules of the American Arbitration Association, except as otherwise provided herein.
(e) On application to the Arbitrator, any party shall have rights to discovery to the same extent as would be provided under the Federal Rules of Civil Procedure, and the Federal Rules of Evidence shall apply to any arbitration under this Agreement; provided, however, that the Arbitrator shall limit any discovery or abandonment thereofevidence such that his decision shall be rendered within the period referred to in Section 10.1(c).
(f) The Arbitrator may, at his discretion and at the expense of the party who will bear the cost of the arbitration, employ experts to assist him in his determinations.
(g) The costs of the arbitration proceeding and any proceeding in court to confirm any arbitration award (including actual attorneys’ fees and costs), shall be referred to borne by the sole arbitration unsuccessful party and shall be awarded as part of the Chairman & Managing Director of Uranium Corporation of India LimitedArbitrator’s decision, Jaduguda and if unless the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as Arbitrator shall otherwise allocate such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that costs in the course of his duties as such he had expressed views on all or any of the matters in dispute or differencedecision. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award determination of the Arbitrator shall be final, conclusive final and binding all upon the parties and not subject to appeal.
(h) Any judgment upon any award rendered by the Arbitrator may be entered in and enforced by any court of competent jurisdiction. The parties expressly consent to the non-exclusive jurisdiction of the courts (Federal and state) in New York, New York to enforce any award of the Arbitrator or to render any provisional, temporary, or injunctive relief in connection with or in aid of the arbitration. The parties expressly consent to the personal and subject matter jurisdiction of the Arbitrator to arbitrate any and all matters to be submitted to arbitration hereunder. None of the parties hereto shall challenge any arbitration hereunder on the grounds that any party necessary to such arbitration (including the parties hereto) shall have been absent from such arbitration for any reason, including that such party shall have been the subject of any bankruptcy, reorganization, or insolvency proceeding.
(i) The parties shall indemnify the Arbitrator and any experts employed by the Arbitrator and hold them harmless from and against any claim or demand arising out of any arbitration under this ContractAgreement, unless resulting from the gross negligence or willful misconduct of the person indemnified.
(j) This arbitration section shall survive the termination of this Agreement.
Appears in 7 contracts
Sources: Merger Agreement (Future Vision II Acquisition Corp.), Merger Agreement (Wintergreen Acquisition Corp.), Merger Agreement (Future Vision II Acquisition Corp.)
Arbitration. Except where otherwise provided for A. Any dispute or controversy arising under or in connection with this Agreement and any claim by Executive that the Contract, all questions and disputes relating Company breached any statutory or common law duty to Executive (including but not limited to the meaning law of tort, contract, and all federal, state or local laws prohibiting employment discrimination because of race, color, religion, sex, national origin, age, veteran's status, or disability) that cannot be mutually resolved by the parties hereto shall be settled exclusively by arbitration in Louisville, Kentucky before one arbitrator of exemplary qualifications and stature, who shall be selected jointly by the Company and the Executive, or, if the Company and the Executive cannot agree on the selection of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereofarbitrator, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed selected by the Chairman & Managing DirectorAmerican Arbitration Association (provided that any arbitrator selected by the American Arbitration Association shall not, willing to act as such arbitrator. There will be no objection if without the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge hereto, be affiliated with the time, for making and publishing Company or the awardExecutive or any of their respective affiliates). Judgment may be entered on the arbitrator's award in any court having jurisdiction. The parties hereby agree that the arbitrator shall be empowered to enter an equitable decree mandating specific enforcement of the terms of this Agreement, or in the event the arbitrator is resolving a dispute over the breach of a statutory or common law duty, the parties agree that the arbitrator shall be empowered to fashion a remedy that would have been available had the matter been litigated in a judicial or administrative proceeding. The Company shall bear all expenses of the arbitrator incurred in any arbitration or any court costs incurred in any court proceeding hereunder and shall promptly reimburse the Executive (within 30 days of invoice) for any related reasonable legal fees and out-of-pocket expenses directly attributable to such arbitration or any court proceeding related to this Agreement; provided that such legal fees are calculated on an hourly, and not on a contingency fee, basis; and, that the Executive shall bear all expenses of the arbitrator and all of his legal fees and out-of-pocket expenses (and reimburse the Company for its portion of such expenses) if the arbitrator or relevant trier-of-fact determines that the Executive's claim or position was frivolous and without reasonable foundation.
B. The parties agree that this requirement to arbitrate shall not apply to any suit by either party seeking an injunction and/or damages for violation of Sections 6 and/or 7 of this Agreement, it being specifically understood that such claims arising under Sections 6 or 7 may be enforced in the first instance in any court having jurisdiction of the parties.
C. If either party appeals the decision of the Engineer-in-charge regarding arbitrator, each party shall bear its own expenses until the quantum outcome of reduction as well as justification thereof in respect of rates for substandard worksuch appeal has been determined, which may be decided to be acceptedwhereupon the prevailing party's expenses, will be final and would not be open to arbitration. The arbitrator including reasonable legal fees, shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed reimbursed promptly by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractother party.
Appears in 7 contracts
Sources: Employment Agreement (Arm Financial Group Inc), Employment Agreement (Arm Financial Group Inc), Employment Agreement (Arm Financial Group Inc)
Arbitration. Except where otherwise The Company and Executive agree that except as provided in Section 14(b) the sole and exclusive method for in the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to resolving any other question, claim, right, matter or thing whatsoever in any way dispute between them arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, this Agreement shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed procedures set forth in respect of each such dispute. It is also this Section, except that nothing in this Section prohibits a term party from seeking preliminary or permanent judicial injunctive relief, or from seeking judicial enforcement of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed selected pursuant to have entered on the reference on the date he issues notice to both the parties fixing the date Rules for Commercial Arbitration of the first American Arbitration Association. The arbitrator shall hold a hearing at which both parties may appear, with or without counsel, and present evidence and argument. Pre-hearing discovery shall be allowed in the discretion of and to the extent deemed appropriate by the arbitrator, and the arbitrator shall have subpoena power. The procedural rules for an arbitration hearing under this Section shall be the rules of the American Arbitration Association for Commercial Arbitration hearings and any rules as the arbitrator may determine. The hearing shall be completed within ninety (90) days after the arbitrator has been selected and the arbitrator shall issue a written decision within sixty (60) days after the close of the hearing. The venue of Arbitration hearing shall be such place as may be fixed by the Arbitratorheld in Grand Rapids, in his sole discretionMichigan. The award of the Arbitrator arbitrator shall be final, conclusive final and binding all and may be enforced by and certified as a judgment of the Circuit Court for Kent County, Michigan or any other court of competent jurisdiction. One-half of the fees and expenses of the arbitrator shall be paid by the Company and one-half by Executive. The attorney fees and expenses incurred by the parties shall be paid by each party. Notwithstanding the foregoing, however, the Company will reimburse the Executive for Executive’s portion of the arbitrator’s fees and expenses, and the Executive’s reasonable attorney fees and expenses incurred in connection with the arbitration proceeding, if the Executive substantially prevails in the arbitration proceeding or, if the Executive prevails in part, then the Company will reimburse a proportionate part of such fees and expenses, with such proportion to represent the approximate portion of such fees and expenses relating to the issues on which the Executive prevailed. The decision as to whether the Executive has substantially prevailed, or prevailed in part, and on the amount to be reimbursed to the Executive under the standards in this ContractSection, will be made by the arbitrator. Reimbursement of attorney fees and expenses called for by this Section must be made within sixty (60) days after receipt by the Company of the arbitrator’s award, but in no event after the last day of the year following that in which the expense being reimbursed was incurred.
Appears in 7 contracts
Sources: Employment Agreement (SpartanNash Co), Employment Agreement (SpartanNash Co), Employment Agreement (SpartanNash Co)
Arbitration. Except where otherwise provided for a. All disputes under this Agreement shall be settled by arbitration in the ContractMiami, all questions and disputes relating Florida, before a single arbitrator pursuant to the meaning employment rules of arbitration (the "AAA Rules") of the specifications, designs, drawings and instructions herein before mentioned and as American Arbitration Association (the "AAA"). Arbitration may be commenced at any time by any party hereto giving written notice (the "Arbitration Notice") to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be party that such dispute has been referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or differenceunder this Section 7. The arbitrator to whom shall be selected by the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation joint agreement of the office of inability to actCorporation and Officer, shall appoint another person to act as arbitrator in accordance with but if they do not so agree within 20 days after the terms date of the Contract. Such person giving of the Arbitration Notice, the selection shall be entitled made pursuant to proceed with the reference AAA Rules from the stage at which his predecessor left itpanels of arbitrators maintained by the AAA. It is also a terms of this Contract that no person other than a person appointed Any award rendered by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give be conclusive and binding upon the parties hereto and not subject to appeal; provided, however, that any such award shall be accompanied by a written opinion of the arbitrator giving the reasons for the award. Subject as aforesaid, This provision for arbitration shall be specifically enforceable by the provisions parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The expenses of the Arbitration Actarbitrator shall initially be shared equally by the parties; provided, 1940 however, that the arbitrator shall award to the prevailing party all fees and expenses (including, without limitation, attorneys' fees and expenses and expenses of the arbitrator) incurred by such prevailing party in connection with the arbitration. The prevailing party shall also be entitled to recover from the non-prevailing party reasonable attorneys' fees (including, without limitation, all such fees, costs and expenses incident to appellate, bankruptcy and post-judgment proceedings) incurred as a result of any judicial proceedings relating to the specific enforcement of this Section 7 or judgment upon the award rendered by the arbitrator hereunder, in addition to any statutory modification or re-enactment thereof other relief to which the prevailing party may be entitled. For purposes of this Section 7, "attorneys' fees" shall include, without limitation, paralegal fees, investigative fees, administrative costs and all other charges billed by the rules made there under and for attorney to the prevailing party.
b. Notwithstanding subsection a. of this Section 7, to the extent that arbitration of a dispute hereunder is not legally permitted such that the parties to such dispute are prohibited at the time being of such dispute from mutually agreeing to submit such dispute to arbitration, either party may commence a civil action in force, shall apply the arbitration proceeding under this clause. It is a term court of the Contract that the party invoking arbitration shall specify the dispute or disputes appropriate jurisdiction to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each resolve such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration The prevailing party in respect of any claim(s) in writing within 90 days of receiving the intimation such proceedings shall be entitled to recover from the Corporation non-prevailing party reasonable attorneys' fees (including, without limitation, all such fees, costs and expenses incident to appellate, bankruptcy and post-judgment proceedings) incurred in that the bill is ready for acceptance of the Contractoraction or proceeding, the claim of the Contractor will in addition to any other relief to which such party may be deemed to have been waived and absolutely barred and the company entitled.
c. Nothing contained in this Section 7 shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of prevent the parties enlarge the from settling any dispute by mutual agreement at any time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contract.
Appears in 6 contracts
Sources: Change in Control Agreement (Bankunited Financial Corp), Change in Control Agreement (Bankunited Financial Corp), Change in Control Agreement (Bankunited Financial Corp)
Arbitration. Except where otherwise provided for Any dispute related to the interpretation of enforcement of this Employment Agreement shall be enforceable only by arbitration in the ContractCounty of Orange, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship California (or materials used on the work or as to any such other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters metropolitan area to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasonsEmployer's principal executive offices may be relocated), such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms commercial arbitration rules then in effect of the Contract. Such person American Arbitration Association, before a panel of three arbitrators, one of whom shall be entitled to proceed with selected by the reference from Employer, the stage at which his predecessor left itsecond of whom shall be selected by the Executive and the third party of whom shall be selected by the other two arbitrators. It is also a terms In the absence of this Contract that no person other than a person appointed by such Chairman & Managing Directorthe American Arbitration Association, as aforesaid should act as arbitrator and or if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to reason arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term arbitration rules of the Contract that American Arbitration Association cannot be initiated, or if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent one of the parties enlarge shall fail or refuses to select an arbitrator, or if the timeparties failed or refused to select an arbitrator, or if the arbitrators selected by the Employer and the Executive cannot agree on the selection of the third arbitrator within seven (7) days after such time as the Employer and the Executive have each been notified of the selection of the other's arbitrator, the necessary arbitrator or arbitrators shall be selected by the presiding judge of the court of general jurisdiction in the metropolitan area where arbitration under this section would otherwise have been conducted. Each arbitrator selected as provided herein is required to be or have been a director or an executive officer for making and publishing a corporation whose shares of common stock were listed during at least one year of such service on the awardNew York Stock Exchange or the American Stock Exchange or quoted on the National Association if Securities Dealers Automated Quotations System. The decision of arbitrators shall award to the Engineer-in-charge regarding the quantum of reduction as well as justification thereof Employer its legal fees and expenses incurred in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed connection with any arbitration proceeding is commenced by the Arbitrator, in his sole discretionExecutive and the Executive has no reasonable basis for initiating such proceeding. The Any award of entered by the Arbitrator arbitrators shall be final, conclusive binding and binding all nonappealable and judgment may be entered thereon by any party in accordance with applicable law in any court or competent jurisdiction except to the parties to this Contractextent an Arbitration award is appealable under applicable law. This arbitration provision shall be specifically enforceable.
Appears in 6 contracts
Sources: Employment Agreement (Universal Broadband Communications Inc), Employment Agreement (Universal Broadband Communications Inc), Employment Agreement (Universal Broadband Communications Inc)
Arbitration. Except where otherwise provided for (a) Subject to Sections 11.2 and 11.3, if the Parties fail to resolve their dispute within seven (7) days of the start of the mediation, the Parties will appoint an arbitrator having appropriate experience in the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole biopharmaceutical industry who will conduct an arbitration of the Chairman & Managing Director dispute. If the Parties cannot agree on a mutually acceptable arbitrator within seven (7) days of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling decision to act proceed to the sole arbitration, either Party may apply to a court of some other person appointed by the Chairman & Managing Director, willing competent jurisdiction to act as such arbitrator. There will be no objection if the appoint an qualified arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that having appropriate experience in the course of his duties as such he had expressed views on all or any of the matters in dispute or differencebiopharmaceutical industry. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, arbitration shall appoint another person to act as arbitrator be conducted in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing DirectorArbitration Act, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand1991 (Ontario) and abovethe arbitrator shall also be empowered to hear injunctive proceedings in accordance therewith.
(b) Notwithstanding Section 11.5 below, the arbitrator shall give reasons may include in its award an order as to the payment of the costs of the proceedings and reasonable counsel fees. Any Party ordered to pay costs may avail itself of any procedure for the award. Subject as aforesaidtaxing of costs, provided, however, that the provisions of Parties specifically agreed that the Arbitration Act, 1940 or officer taxing such costs need not be bound by any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term scale of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not costs.
(c) The arbitrator will make any demand for arbitration in respect of any claim(s) its decision in writing within 90 fifteen (15) days of receiving the intimation from hearing and, unless the Corporation that the bill is ready for acceptance of the ContractorParties otherwise agree, the claim of the Contractor arbitrator’s reasons will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract set out in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will award shall be final and would binding on the Parties and shall not be open subject to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date any appeal although either Party may request clarification of the first hearing. award and the arbitrator’s reasons.
(d) The venue of Arbitration shall be such place as may be fixed by Parties consent to the Arbitrator, in his sole discretion. The award of the Arbitrator arbitrator being entered in any court having jurisdiction for the purposes of enforcement. In addition, if it appears to any Party that the arbitrator lacks the power to give effective interim relief, such Party may apply to any appropriate court for such relief.
(e) All matters in dispute, all claims, submissions, evidence and findings, and the award itself shall be finalkept confidential by the arbitrator, conclusive and binding all no information regarding any of the parties foregoing will be released to any Third Party or otherwise made public without the written consent of the Parties, except as otherwise contemplated herein and except for such information which is not Confidential Information.
(f) The Parties may with mutual consent, expand or abridge the time periods provided for in this ContractArticle 11.
Appears in 6 contracts
Sources: Additional Sponsored Research Agreement (Med BioGene Inc.), Sponsored Research Agreement (Med BioGene Inc.), Sponsored Research Agreement (Med BioGene Inc.)
Arbitration. Except where otherwise provided for in the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other questionAny dispute, claim, rightor controversy concerning the terms, matter ----------- meaning, application, or thing whatsoever in enforcement of any way arising out provision of this Agreement that cannot be resolved through direct discussion or relating mediation shall be submitted to final and binding arbitration before a neutral arbitrator pursuant to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning arbitration procedures set out in this Section ("Procedures") under the works, or the execution or failure to execute the same, whether arising during the progress auspices of the work or after American Arbitration Association (AAA) at Evansville, Indiana. The AAA Employment Dispute Resolution Rules in effect at the completion or abandonment thereof, shall be referred to the sole arbitration time of the Chairman & Managing Director of Uranium Corporation of India Limitedarbitration shall govern arbitration proceedings, Jaduguda and if except insofar as these Procedures, as they may be amended from time to time, specifically provide otherwise. Executive may initiate a claim or case only by a written notice to Company as provided in this Agreement. Company may likewise initiate a claim or case by a written notice delivered to Executive, as provided in this Agreement. The written notice must set forth the Chairman and Managing Director is unable or unwilling matter in dispute in sufficient detail to act to advise the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any non-initiating party of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator nature and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and aboveor claim, the date(s) of the underlying occurrence(s), and the relief requested. It shall also be the initiating party's responsibility to submit the claim and other required documents and fees to AAA in a timely manner; provided, however, if Executive is fully or partially successful, Company shall reimburse Executive for arbitration fees reasonably incurred. In conducting arbitration proceedings, the AAA-appointed arbitrator shall give reasons for be authorized to award any relief available under the award. Subject as aforesaid, the provisions laws of the Arbitration ActUnited States or the State of Indiana applicable to the claim, 1940 dispute, or any statutory modification or re-enactment thereof controversy submitted, where such relief is warranted based on the evidence and the rules made there under and for the time being in force, law. Any arbitration award shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitrationbinding, and enforceable by an action in any court of competent jurisdiction. The arbitrator No award shall be deemed set aside, or denied enforcement, by any court in any action unless the court finds that the arbitrator purported to have entered on resolve claims, disputes, or controversies not within the reference on scope of these Procedures. Adherence to these Procedures, and the date he issues notice to both the parties fixing the date agreement of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractAgreement to follow them, shall be enforceable in an action to compel or stay arbitration pursuant to the Federal Arbitration Act or the Indiana Uniform Arbitration Act in a court of competent jurisdiction.
Appears in 6 contracts
Sources: Change of Control Agreement (CNB Bancshares Inc), Change of Control Agreement (CNB Bancshares Inc), Change of Control Agreement (CNB Bancshares Inc)
Arbitration. Except where otherwise provided for in the Contract(a) Any dispute, all questions and disputes relating to the meaning of the specificationscontroversy, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way claim arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksthis Agreement, or the execution breach, termination or failure to execute the sameinvalidity hereof, whether including claims for tortious interference or other tortious or statutory claims arising before, during the progress of the work or after the completion or abandonment thereoftermination, providing only that such claim touches upon matters covered by this Agreement, shall be referred finally settled by arbitration administered by the American Arbitration Association (“AAA”) pursuant to the Commercial Arbitration Rules as presently in force, except as modified by the specific provisions of this Agreement. The parties expressly agree that nothing in this Agreement shall prevent the parties from applying to a court that would otherwise have jurisdiction over the parties for provisional or interim measures, including injunctive relief. After the arbitration panel is empaneled, it shall have sole jurisdiction to hear such applications, except that the parties agree that any measures ordered by the arbitrators may be immediately and specifically enforced by a court otherwise having jurisdiction over the parties. The parties agree that judgment on the arbitration award may be entered by any court having jurisdiction thereof.
(b) The parties agree that the federal and state courts located in Houston, Texas shall have exclusive jurisdiction over an action brought to enforce the rights and obligations created in or arising from this Agreement to arbitrate, and each of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act parties hereto irrevocably submits to the sole arbitrationjurisdiction of said courts. Notwithstanding the above, application may be made by a party to any court of some other competent jurisdiction wherever situated for enforcement of any judgment and the entry of whatever orders are necessary for such enforcement. Process in any action arising out of or relating to this Agreement may be served on any party to the Agreement anywhere in the world by delivery in person appointed against receipt or by registered or certified mail, return receipt requested.
(c) The arbitration shall be conducted before a tribunal composed of three neutral arbitrators drawn from, in the first instance, the Texas Large Complex Claims panel and then, if necessary, from the Commercial panel. Each arbitrator shall sign an oath agreeing to be bound by the Chairman & Managing DirectorCode of Ethics for Arbitrators in Commercial Disputes promulgated by the AAA for Neutral Arbitrators. It is the intent of the parties to avoid the appearance of impropriety due to bias or partiality on the part of any arbitrator. Prior to his or her formal appointment, willing each arbitrator shall disclose to act the parties and to the other members of the tribunal, any financial, fiduciary, kinship or other relationship between that arbitrator and any party or its counsel, or between that arbitrator and any individual or entity with any financial, fiduciary, kinship or other relationship with any party. For the purposes of this Agreement, “appearance of impropriety” shall be defined as such arbitrator. There will be no objection if relationship or behavior as would cause a reasonable person to believe that bias or partiality on the part of the arbitrator so appointed is an employee may exist in favor of Uranium Corporation any party. Any award or portion thereof, whether preliminary or final, shall be in a written opinion containing findings of India Limited, Jaduguda fact and that he had to deal with the matters to which the Contract relates and that in the course conclusions of his duties as such he had expressed views on all or any of the matters in dispute or differencelaw signed by each arbitrator. The arbitrator dissenting from an award or portion thereof shall issue a dissent from the award or portion thereof in writing, stating the reasons for his or her dissent. The arbitrators shall hear and determine any preliminary issue of law asserted by a party to whom be dispositive of any claim, in whole or part, in the matter manner of a court hearing a motion to dismiss for failure to state a claim or for summary judgment, pursuant to such terms and procedures as the arbitrators deem appropriate.
(d) It is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation intent of the office of inability to actparties that, barring extraordinary circumstances, any arbitration hearing shall appoint another person to act as arbitrator in accordance with the terms be concluded within two months of the Contractdate the statement of claim is received by the AAA. Such person Unless the parties otherwise agree, once commenced, hearings shall be held 5 days a week, with each hearing day to begin at 9:00 A.M. and to conclude at 5:00 P.M. The parties may upon agreement extend these time limits, or the chairman of the panel may extend them if he or she determines that the interests of justice otherwise require. The arbitrators shall use their best efforts to issue the final award or awards within a period of 30 days after closure of the proceedings. Failure to do so shall not be a basis for challenging the award. The parties and arbitrators shall treat all aspects of the arbitration proceedings, including without limitation, discovery, testimony and other evidence, briefs and the award, as strictly confidential. The place of arbitration shall be Houston, Texas, U.S.A. unless otherwise agreed by the parties.
(e) The parties agree that discovery shall be limited and shall be handled expeditiously. Discovery procedures available in litigation before the courts shall not apply in an arbitration conducted pursuant to this Agreement. However, each party shall produce relevant and non-privileged documents or copies thereof requested by the other parties within the time limits set and to the extent required by order of the arbitrators. All disputes regarding discovery shall be promptly resolved by the arbitrators. No witness or party may be required to waive any privilege recognized at law. The parties hereby waive any claim to any damages in the nature of punitive, exemplary or statutory damages in excess of compensatory damages, or any form of damages in excess of compensatory damages, and the arbitration tribunal is specially divested of any power to award any damages in the nature of punitive, exemplary or statutory damages in excess of compensatory damages, or any form of damages in excess of compensatory damages. The party prevailing on substantially all of its claims shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Directorrecover its costs, as aforesaid should act as arbitrator and if for any reasonincluding attorneys’ fees, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaidarbitration proceedings, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard workany ancillary proceeding, which may be decided including a proceeding to be acceptedcompel arbitration, will be final and would not be open to arbitration. The arbitrator shall be deemed request interim measures or to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractconfirm or set aside an award.
Appears in 6 contracts
Sources: Employment Agreement (Tailored Brands Inc), Employment Agreement (Mens Wearhouse Inc), Employment Agreement (Mens Wearhouse Inc)
Arbitration. Except where otherwise provided for Any dispute or controversy arising under or in connection with this Agreement, Employee’s employment by the Contract, all questions Company or Employee’s compensation and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, benefits shall be referred to the sole settled exclusively by final and binding arbitration of the Chairman & Managing Director of Uranium Corporation of India Limitedin Dover, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed Delaware by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms Comprehensive Rules of the Contract. Such person shall be entitled to proceed with the reference from the stage Judicial Arbitration & Mediation Service, Inc. (“JAMS”) in effect at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open submission to arbitration. The rules can be found at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇.▇▇▇/rules-comprehensive-arbitration/. The following claims are excluded from this arbitration provision: claims arising under the National Labor Relations Act which are brought before the National Labor Relations Board, workers' compensation claims under applicable workers’ compensation laws, Employment Development Department claims, ERISA claims covered by an ERISA plan with a dispute resolution provision, or any other claims that are non-arbitrable under applicable state or federal law. Nothing herein shall prevent Employee from filing and pursuing proceedings before the Department of Fair Employment and Housing, the Division of Labor Standards Enforcement, or the United States Equal Employment Opportunity Commission (although if Employee chooses to pursue a claim following the exhaustion of such remedies, that claim would be subject to the provisions of this Agreement). The statutes of limitations otherwise applicable under law shall apply to all Claims made in arbitration. Judgment may be entered on the arbitrator’s award in any court having jurisdiction. The arbitration shall be conducted in a procedurally fair manner by a mutually agreed upon neutral arbitrator selected in accordance with the applicable JAMS rules (“Rules”) or if none can be mutually agreed upon, then by one arbitrator appointed pursuant to the Rules; the arbitration shall be conducted confidentially in accordance with the Rules unless provided otherwise by applicable law; the arbitration fees shall be paid by the Company; each party shall have the right to conduct reasonable discovery including depositions, requests for production of documents and such other discovery as permitted under the Rules or ordered by the arbitrator; the arbitrator shall have the authority to award any damages authorized by law for the claims presented, including punitive damages; the decision of the arbitrator shall be deemed to have entered final and binding on all parties and shall be the reference on the date he issues notice to both the parties fixing the date exclusive remedy of the first hearing. The venue of Arbitration parties; and the award shall be such place as may be fixed by in writing in accordance with the ArbitratorRules, in his sole discretion. The award of the Arbitrator and shall be final, conclusive subject to judicial enforcement and binding all the parties to this Contractreview in accordance with applicable law.
Appears in 6 contracts
Sources: Employment Agreement (Superior Group of Companies, Inc.), Employment Agreement (Superior Group of Companies, Inc.), Employment Agreement (Superior Group of Companies, Inc.)
Arbitration. Except where otherwise provided for in the Contract, all questions and disputes relating Subject to the meaning exceptions set forth below, Employee agrees that any and all claims or disputes that Employee has with the Company, or any of the specificationsits employees, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising which arise out of Employee’s employment or relating to under the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment terms thereof, shall be referred resolved through final and binding arbitration, as specified herein. This shall include, without limitation, disputes relating to this Agreement, Employee’s employment with the sole arbitration Company or the termination thereof, claims for breach of contract or breach of the Chairman & Managing Director covenant of Uranium Corporation good faith and fair dealing, and any claims of India Limiteddiscrimination or other claims under Title VII of the Civil Rights Act of 1964, Jaduguda the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Employee Retirement Income Securities Act, the Racketeer Influenced and if Corrupt Organizations Act, or any other federal, state or local law or regulation now in existence or hereinafter enacted and as amended from time to time concerning in any way the Chairman subject of Employee’s employment with the Company or its termination. The only claims or disputes not covered by this paragraph are disputes related to (i) claims for benefits under the unemployment insurance or workers’ compensation laws, and Managing Director is unable (ii) issues affecting the validity, infringement or unwilling to act to the sole arbitration, enforceability of some other person appointed any Trade Secret or patent rights held or sought by the Chairman & Managing Director, willing Company or which the Company could otherwise seek; in both of the foregoing cases such claims or disputes shall not be subject to act as such arbitrator. There arbitration and will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limitedresolved pursuant to applicable law. Binding arbitration will be conducted in Denver, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator Colorado in accordance with the terms rules and regulations of the ContractAmerican Arbitration Association (“AAA”), by an arbitrator selected from the AAA Commercial Disputes Panel with a minimum of five years experience in employment law. Such person If, at the time the dispute in question arose, Employee lives and works more than 100 miles from Denver, Colorado, then Employee has the option of requesting the arbitration take place in the county in which the Company has an office that is nearest to Employee’s place of residency. Employee understands and agrees that the arbitration shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms instead of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator any jury trial and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration arbitrator’s decision shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open binding to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed fullest extent permitted by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive law and binding all the parties to this Contractenforceable by any court having jurisdiction thereof.
Appears in 6 contracts
Sources: Employment Agreement (Global Employment Holdings, Inc.), Employment Agreement (Global Employment Holdings, Inc.), Employment Agreement (Global Employment Holdings, Inc.)
Arbitration. Except where otherwise provided for in the Contract(a) Any and all other disputes, all questions controversies and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way claims arising out of or relating to this Agreement, or with respect to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksinterpretation of this Agreement, or the execution rights or failure to execute obligations of the sameparties and their successors and permitted assigns, whether arising during the progress by operation of the work law or after the completion or abandonment thereofotherwise, shall be referred settled and determined by arbitration in New York City, New York pursuant to the sole arbitration then existing rules of the Chairman & Managing Director American Arbitration Association ("AAA") for commercial arbitration.
(b) In the event that the Executive disputes a determination that Cause exists for terminating his employment hereunder pursuant to Paragraph 7(b), or the Company disputes the determination that Good Reason exists for the Executive's termination of Uranium Corporation this Agreement pursuant to Paragraph 7(c), either party disputing this determination shall serve the other with written notice of India Limitedsuch dispute ("Dispute Notice") within thirty (30) days after the date the Executive is terminated for Cause or the date the Executive terminates this Agreement for Good Reason. Within fifteen (15) days thereafter, Jaduguda and if the Chairman and Managing Director is unable Executive or unwilling to act to the sole arbitrationCompany, of some other person appointed by as the Chairman & Managing Directorcase may be, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limitedshall, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms Rules of the ContractAAA, file a petition with the AAA for arbitration of the dispute, the costs thereof to be shared equally by the Executive and the Company unless an order of the AAA provides otherwise. Such person shall If the Executive serves a Dispute Notice upon the Company, an amount equal to the portion of the Base Salary Executive would be entitled to proceed with receive hereunder shall be placed by the reference from Company in an interest-bearing escrow account mutually agreeable to the stage at which his predecessor left itparties or the Company shall deliver an irrevocable letter of credit for such amount plus interest containing terms mutually agreeable to the parties. It is also a terms of this Contract If the AAA determines that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if Cause existed for any reason, that is not possiblethe termination, the matter is not escrowed funds and accrued interest shall be paid to the Company. However, in the event the AAA determines that the Executive was terminated without Cause or that Executive resigned for Good Reason, the escrowed funds and accrued interest shall be paid to the Executive.
(c) Any proceeding referred to arbitration at all. In in Paragraph 9(a) or (b) shall also determine Executive's entitlement to legal fees as well as all cases where other disputes between the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousandparties relating to Executive's employment.
(d) The parties covenant and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract agree that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will AAA shall be final and would not be open binding and hereby waive their right to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractappeal therefrom.
Appears in 6 contracts
Sources: Employment Agreement (Relocate 411 Com Inc /), Employment Agreement (Relocate 411 Com Inc /), Employment Agreement (Fantasy Sports Net Inc)
Arbitration. Except where otherwise provided for Any dispute or controversy arising under or in the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, connection with this Agreement shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole settled exclusively by arbitration, of some other person appointed by the Chairman & Managing Directorconducted before an arbitrator in Houston, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator Texas in accordance with the terms National Rules for the Resolution of Employment Disputes of the ContractAmerican Arbitration Association then in effect. Such person Judgment may be entered on the arbitration award in any court having jurisdiction; provided, however, that the Company shall be entitled to proceed with seek a restraining order or injunction in any court of competent jurisdiction to prevent any violation or continuation of any violation of the reference from provisions of Articles 11, 12, 13 or 15 of this Agreement and Employee hereby consents that such restraining order or injunction may be granted without requiring the stage at which his predecessor left itCompany to post a bond. Only individuals who are on the AAA register of arbitrators shall be selected as an arbitrator. Within 20 days of the conclusion of the arbitration hearing, the arbitrator(s) shall prepare written findings of fact and conclusions of law. It is also a terms mutually agreed that the written decision of this Contract that no person other than a person appointed by such Chairman & Managing Directorthe arbitrator(s) shall be valid, as aforesaid should act as arbitrator binding, final and if for any reasonnon-appealable; provided however, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, parties hereto agree that the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open empowered to award punitive damages against any party to such arbitration. The arbitrator Company shall bear all administrative fees and expenses of the arbitration and each party shall bear its own counsel fees and expenses except as otherwise provided in this paragraph. If Employee makes a claim against the Company relating to the performance of, or the rights and obligations of, the Company arising under, relating to or in connection with this Agreement (a “Covered Claim by the Employee”), the arbitrators shall award Employee his reasonable legal fees and expenses if Employee prevails on one material Covered Claim by the Employee (as determined by the arbitrator). If a claim is made by the Company against Employee relating to the performance of, or the rights and obligations of, Employee arising under, relating to or in connection with this Agreement (a “Covered Claim by the Company”), the arbitrators shall award Employee his reasonable legal fees and expenses; provided that if such Covered Claim by the Company relates to Employee’s performance or obligations under Articles 11, 12, 13 or 15, the arbitrators shall award Employee his legal fees and expenses only if the Company does not prevail on any Covered Claim by the Company relating to any such Section (as determined by the arbitrator). Any reimbursement of reasonable legal fees and expenses required under this Section 16.02 and any reimbursement of expenses included in the Accrued Obligations payable to Employee under Article 6 shall be deemed made not later than the close of Employee’s taxable year following the taxable year in which Employee incurs the expense; provided, however, that, upon Employee’s termination of employment with the Company, in no event shall any additional reimbursement be made prior to have entered on the reference on the date he issues notice to both the parties fixing that is six months after the date of Employee’s termination of employment to the first hearing. The venue of Arbitration shall be extent such place as may be fixed by the Arbitrator, in his sole discretion. The award payment delay is required under Section 409A(a)(2)(B)(i) of the Arbitrator Code. In no event shall any reimbursement be final, conclusive made to Employee for such fees and binding all expenses incurred after the parties to this Contractdate that is 10 years after the date of Employee’s termination of employment with the Company.
Appears in 6 contracts
Sources: Reorganization Agreement (Cobalt International Energy, Inc.), Employment Agreement (Cobalt International Energy, Inc.), Employment Agreement (Cobalt International Energy, Inc.)
Arbitration. Except where If any dispute arises under this Agreement or otherwise provided for which cannot be resolved by mutual discussion between the parties, then the Company and Executive each agree to resolve that dispute by binding arbitration before an arbitrator experienced in employment law. Said arbitration will be conducted in accordance with the Contract, all questions rules applicable to employment disputes of the Judicial Arbitration and disputes relating Mediation Services (“JAMS”) and the law applicable to the meaning claim. The parties shall have thirty (30) calendar days after notice of the specifications, designs, drawings and instructions herein before mentioned and as such arbitration has been given to the quality of workmanship or materials used attempt to agree on the work selection of an arbitrator from JAMS. In the event the parties are unable to agree in such time, JAMS will provide a list of five (5) available arbitrators and an arbitrator will be selected from such five member panel provided by JAMS by the parties alternately striking out one name of a potential arbitrator until only one name remains. The party entitled to strike an arbitrator first shall be selected by a toss of a coin. The parties agree that this agreement to arbitrate includes any such disputes that the Company may have against Executive, or as to any other questionExecutive may have against the Company and/or its related entities and/or employees, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksthis Agreement, or Executive’s employment or Executive’s termination, including any claims of discrimination or harassment in violation of applicable law and any other aspect of Executive’s compensation, employment, or Executive’s termination. The parties further agree that arbitration as provided for in this Section 16(g) is the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda exclusive and if the Chairman binding remedy for any such dispute and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed used instead of any court action, which is an employee of Uranium Corporation of India Limitedhereby expressly waived, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act except for any reasonsrequest by any party for temporary, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator preliminary or permanent injunctive relief pending arbitration in accordance with applicable law or for breaches by Executive of Executive’s obligations under Sections 11, 12, 14 or 15 hereof. The parties agree that the terms seat of the Contract. Such person arbitration shall be entitled Boston, Massachusetts. The Company shall pay the cost of any arbitration brought pursuant to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Directorparagraph, as aforesaid should act as arbitrator and if for any reasonexcluding, that is not possiblehowever, the matter cost of representation of Executive, unless such cost is not to be referred to arbitration at allawarded in accordance with law or otherwise awarded by the arbitrators. In all cases where Neither party nor an arbitrator may disclose the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and aboveexistence, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 content or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect results of any claim(s) in writing within 90 days of receiving arbitration hereunder without the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with prior written consent of the parties enlarge the timeboth parties, for making except (1) as provided by Section 10 and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place (2) as may be fixed required by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractlaw.
Appears in 6 contracts
Sources: Employment Agreement (American Well Corp), Employment Agreement (American Well Corp), Employment Agreement (American Well Corp)
Arbitration. Except where otherwise provided for Any dispute or controversy arising under or in the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, connection with this Agreement or the execution or failure to execute Executive’s employment by the same, whether arising during the progress of the work or after the completion or abandonment thereof, Company shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole settled exclusively by arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as conducted before a single neutral arbitrator in accordance with the terms American Arbitration Association’s National Rules for Resolution of Employment Disputes as then in effect. Judgment may be entered on the Contract. Such person arbitrator’s award in any court having jurisdiction; provided, however, that the Company shall be entitled to proceed with seek a restraining order or injunction in any court of competent jurisdiction to prevent any continuation of any violation of the reference from the stage at which his predecessor left it. It is also a terms provisions of Sections 7, 8 or 9 of this Contract Agreement and the Executive hereby consents that such restraining order or injunction may be granted without the necessity of the Company’s posting any bond, and provided, further, that the Executive shall be entitled to seek specific performance of his right to be paid until the date of employment termination during the pendency of any dispute or controversy arising under or in connection with this Agreement. The Executive expressly acknowledges and agrees that if the Company has a reasonable good faith belief that he is in violation of any of the restrictive covenants set forth in said Sections 7, 8 or 9, then the Company, following written notice to the Executive explaining the basis for its belief, may suspend any future payments scheduled to be made pursuant to Section 4, unless and until the Executive establishes to the Company’s reasonable good faith satisfaction that no person other than such violation has occurred. Each party shall pay its own attorneys’ fees and costs. If any party prevails on a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator statutory claim which affords attorneys’ fees and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and abovecosts, the arbitrator shall give reasons for may award reasonable attorneys’ fees and/or costs to the awardprevailing party. Subject as aforesaid, the provisions The fees and expenses of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof arbitrator and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed borne by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractCompany.
Appears in 6 contracts
Sources: Executive Employment Agreement (Apria, Inc.), Executive Employment Agreement (Apria, Inc.), Executive Employment Agreement
Arbitration. (a) Except where otherwise provided for as contemplated by Section 7(d) or Section 9(c) hereof, any dispute or controversy arising under or in connection with this Agreement that cannot be mutually resolved by the Contractparties to this Agreement and their respective advisors and representatives shall be settled exclusively by arbitration in Southfield, all questions Michigan, before one arbitrator of exemplary qualifications and disputes relating stature, who shall be selected jointly by an individual to be designated by the Company and an individual to be selected by Executive, or if such two individuals cannot agree on the selection of the arbitrator, who shall be selected pursuant to the meaning procedures of the specificationsAmerican Arbitration Association, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, such arbitration shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator conducted in accordance with the terms Employment Dispute Resolution Rules of the Contract. Such person American Arbitration Association then in effect.
(b) The parties agree to use their best efforts to cause (i) the two individuals set forth in the preceding Section 9(a), or, if applicable, the American Arbitration Association, to appoint the arbitrator within thirty (30) days of the date that a party hereto notifies the other party that a dispute or controversy exists that necessitates the appointment of an arbitrator, and (ii) any arbitration hearing to be held within thirty (30) days of the date of selection of the arbitrator, and, as a condition to his or her selection, such arbitrator must consent to be available for a hearing, at such time.
(c) Judgment may be entered on the arbitrator’s award in any court having jurisdiction, provided that Executive shall be entitled to proceed seek specific performance of Executive’s right to be paid and to participate in benefit programs during the pendency of any dispute or controversy arising under or in connection with this Agreement. The Company and Executive hereby agree that the reference from arbitrator shall be empowered to enter an equitable decree mandating specific performance of the stage at which his predecessor left it. It is also a terms of this Contract that no person other than Agreement. If any dispute under this Section 9 shall be pending, Executive shall continue to receive at a person appointed by such Chairman & Managing Director, as aforesaid should minimum the base salary which Executive was receiving immediately prior to the act as arbitrator and if or omission which forms the basis for any reason, that is not possible, the matter is not to be referred to arbitration at alldispute. In all cases where At the amount close of the claim in dispute arbitration, such continued base salary payments may be offset against any damages awarded to Executive or may be recovered from Executive if it is Rs. 50,000/-(Rupees Fifty Thousand) and above, determined that Executive was not entitled to the arbitrator shall give reasons for continued payment of base salary under the award. Subject as aforesaid, the other provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractAgreement.
Appears in 6 contracts
Sources: Employment Agreement (Lear Corp), Employment Agreement (Lear Corp), Employment Agreement (Lear Corp)
Arbitration. Except where otherwise provided for Any dispute or controversy arising under or in the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, connection with this Agreement shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole settled exclusively by arbitration, of some other person appointed by the Chairman & Managing Directorconducted before an arbitrator in New York, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator New York in accordance with the terms Employment Arbitration Rules of the ContractAmerican Arbitration Association then in effect. Such person Judgment may be entered on the arbitration award in any court having jurisdiction. Notwithstanding the foregoing, (a) the Company shall be entitled to proceed with seek a restraining order or injunction in any court of competent jurisdiction to prevent any continuation of any violation of the reference from the stage at which his predecessor left it. It is also a terms provisions of Articles VI or VII of this Contract Agreement and the Executive hereby consents that no person other than such restraining order or injunction may be granted without requiring the Company to post a person appointed by such Chairman & Managing Directorbond, as aforesaid should act as arbitrator and if for (b) the Executive shall be entitled to seek a restraining order or injunction in any reason, that is not possible, the matter is not court of competent jurisdiction to be referred to arbitration at all. In all cases where the amount prevent any continuation of any violation of the claim provisions of Section 7.4(b) of this Agreement and the Company hereby consents that such restraining order or injunction may be granted without requiring the Executive to post a bond. Only individuals who are: (i) lawyers engaged full-time in dispute is Rsthe practice of law and (ii) on the AAA register of arbitrators shall be selected as an arbitrator. 50,000/-(Rupees Fifty ThousandWithin twenty (20) and abovedays of the conclusion of the arbitration hearing, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions prepare written findings of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof fact and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clauseconclusions of law. It is a term of the Contract mutually agreed that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The written decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard workarbitrator shall be valid, which may be decided to be acceptedbinding, will be final and would non-appealable, provided, however, that the parties hereto agree that the arbitrator shall not be open empowered to award punitive damages against any party to such arbitration. The arbitrator shall require the non-prevailing party to pay the arbitrator’s full fees and expenses or, if in the arbitrator’s opinion there is no prevailing party, the arbitrator’s fees and expenses shall be deemed to have entered on the reference on the date he issues notice to both borne equally by the parties fixing thereto. In the date event action is brought to enforce the provisions of this Agreement pursuant to this Section 9.9, the non-prevailing parties shall be required to pay the reasonable attorney’s fees and expenses of the first hearing. The venue of Arbitration shall be such place as may be fixed by prevailing parties, except that if in the Arbitrator, in his sole discretion. The award opinion of the Arbitrator court or arbitrator deciding such action there is no prevailing party, each party shall be final, conclusive pay its own attorney’s fees and binding all the parties to this Contractexpenses.
Appears in 6 contracts
Sources: Employment Agreement (Container Store Group, Inc.), Employment Agreement (Container Store Group, Inc.), Employment Agreement (Container Store Group, Inc.)
Arbitration. Except where otherwise provided for in To the Contractmaximum extent permitted by law, all questions and disputes relating to the meaning of the specificationsdisputes, designscontroversies, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksclaims, or demands of any kind or nature arising between the execution or failure to execute the sameparties in connection with this Agreement, whether arising during at law or in equity or based upon common law or any federal or state statute, rule, or regulation, that cannot be resolved between the progress of the work or after the completion or abandonment thereofparties through NFM’s internal complaint resolution procedures, shall be referred submitted to binding arbitration by the sole American Arbitration Association; provided, however, that this arbitration requirement shall not apply to any action by either party to obtain injunctive relief to prevent any violation by the other party of the Chairman & Managing Director terms of Uranium Corporation this Agreement, which injunctive action may be brought in any court of India Limitedcompetent jurisdiction. The filing of a claim for injunctive relief shall not allow either party to raise any other claim outside arbitration. Any arbitration commenced hereunder shall be initiated in Boulder, Jaduguda Colorado and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed shall be governed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if AAA National Rules for the arbitrator so appointed is an employee Resolution of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or differenceEmployment Disputes. The arbitration shall occur before a single arbitrator to whom that shall be mutually agreed upon by the matter is originally referred being transferred or vacating his office or being unable to act for any reasonsparties hereto. If the parties cannot agree on a single arbitrator, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, then an arbitrator shall appoint another person to act as arbitrator be selected in accordance with the terms rules of AAA. The arbitration must be filed within six months of the Contractact or omission which gives rise to the claim. Such person Each party shall be entitled to proceed with take any discovery as is permitted by the reference from applicable rules and the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at allarbitrator. In all cases where determining the amount extent of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and abovediscovery, the arbitrator shall give reasons exercise discretion, but shall consider the expense of the desired discovery and the importance of the discovery to a just adjudication. The findings, conclusions, and award rendered in any arbitration shall be binding upon the parties and shall finally determine all questions of fact relating to the dispute. Judgment upon the arbitration award may be entered in the appropriate court, state or federal, having jurisdiction, and each party expressly waives any right to appeal any such judgment rendered by the court. Any party may apply to a court of competent jurisdiction for entry of judgment on the arbitration award. Subject as aforesaidThe costs of the arbitration shall be advanced equally by the parties, however the prevailing party in any arbitration or other legal action brought to enforce or defend the terms of this Agreement shall be entitled, in addition to any other remedies available to such party, to an award of reasonable attorney’s fees and costs. Any party may apply to a court of competent jurisdiction for entry of judgment on the arbitration award. The parties agree that failure to comply with the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and this paragraph shall constitute grounds for the time being dismissal of any suit, action, or proceeding instituted in forceany federal, state, or local court or before any administrative tribunal with respect to any dispute which arises during the period of this Agreement and which is subject to this arbitration agreement. The arbitration provisions of this Agreement are specifically enforceable by each party to the Agreement and shall apply survive the arbitration proceeding under this clause. It is a term termination or expiration of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such disputeAgreement. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractTHE EXECUTIVE UNDERSTANDS THAT THIS AGREEMENT TO ARBITRATE ALL ARBITRABLE DISPUTES MEANS THE EXECUTIVE IS AGREEING TO WAIVE TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY RIGHT THE EXECUTIVE MAY HAVE TO ASK FOR A JURY OR COURT TRIAL IN ANY DISPUTE WITH THE COMPANY.
Appears in 6 contracts
Sources: Employment Agreement (New Frontier Media Inc), Employment Agreement (New Frontier Media Inc), Employment Agreement (New Frontier Media Inc)
Arbitration. Except where otherwise provided for in (a) If any dispute arises between the ContractExecutive and the Company that the parties cannot resolve themselves, all questions and disputes relating to including any dispute over the meaning of the specificationsapplication, designsvalidity, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksconstruction, or the execution or failure to execute the sameinterpretation of this Agreement, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms then-applicable rules of the ContractAmerican Arbitration Association shall provide the exclusive remedy for resolving any such dispute, regardless of its nature; provided, however, that the Company may enforce the Executive's obligations under paragraphs 8 and 9 hereof by an action for injunctive relief and damages in a court of competent jurisdiction at any time prior or subsequent to the commencement of an arbitration proceeding as herein provided.
(b) This paragraph 19 shall apply to claims arising under state and federal statutes, local ordinances, and the common law. Such person The arbitrator shall be entitled to proceed apply the same substantive law that a court with jurisdiction over the reference from parties and their dispute would apply under the stage at which his predecessor left it. It is also a terms of this Contract Agreement. The arbitrator's remedial authority shall equal the remedial power that no person a court with jurisdiction over the parties and their dispute would have. The arbitrator shall, upon an appropriate motion, dismiss any claim brought in arbitration if he or she determines that the claim could not properly have been pursued through court litigation. If the then-applicable rules of the American Arbitration Association conflict with the procedures of this paragraph 19, the latter shall apply.
(c) If the parties cannot agree upon an arbitrator, the parties shall select a single arbitrator from a list of seven arbitrators provided by the New York, New York office of the American Arbitration Association. All seven listed arbitrators shall be retired judges experienced in employment law and/or persons actively involved in hearing private cases. If the parties cannot agree on selecting an arbitrator from that list, then the parties shall alternately strike names from the list, with the first party to strike being determined by lot. After each party has used three strikes, the remaining name on the list shall be the arbitrator.
(d) Each party may be represented by counsel or by another representative of the party's choice, and each party shall pay the costs and fees of its counsel or other than a person appointed representative and its own filing or administrative fees. The non-prevailing party (as determined by such Chairman & Managing Directorthe arbitrator) shall bear the fees and costs of the arbitrator.
(e) The arbitrator shall render an award and opinion in the form typical of those rendered in labor arbitrations, as aforesaid should act as arbitrator and if that award shall be final and binding and non-appealable. To the extent that any part of this paragraph 19 is found to be legally unenforceable for any reason, that is part shall be modified or deleted in such a manner as to render this paragraph 19 (or the remainder of this paragraph) legally enforceable and as to ensure that except as provided in clause (b) of this paragraph 19, all conflicts between the Company and the Executive shall be resolved by neutral, binding arbitration. The remainder of this paragraph 19 shall not possiblebe affected by any such modification or deletion but shall be construed as severable and independent. If a court finds that the arbitration procedures of this paragraph 19 are not absolutely binding, then the matter is not parties intend any arbitration decision to be referred fully admissible in evidence, given great weight by any finder of fact, and treated as determinative to the maximum extent permitted by law.
(f) Unless the parties agree otherwise, any arbitration at allshall take place in New York, New York in such location as agreed to by the Company and the Executive. In all cases where If the amount of parties cannot agree upon a location for the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and abovearbitration, the arbitrator shall give reasons for determine the award. Subject as aforesaidlocation within New York, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractNew York.
Appears in 5 contracts
Sources: Employment Agreement (Agency Com LTD), Employment Agreement (Agency Com LTD), Employment Agreement (Agency Com LTD)
Arbitration. Except where otherwise provided for If the grievance is not resolved in Step Three of the ContractGrievance Procedure, all questions and disputes relating either the Association or the District may submit the grievance to arbitration by notifying the other party within ten (10) days after the answer to Step Three. The submission to arbitration shall contain a statement of the issues to be arbitrated, reference to the meaning specific Article and Section allegedly violated, the contention of the specificationsparty filing for arbitration, designsand shall be signed by the Local Association President or his/her designee and the employee involved. Within the ten (10) days following receipt of the written notice of intent to arbitrate, drawings the Association or a representative of the District shall file a demand for arbitration with the American Arbitration Association, with a copy to the other party. The arbitrator shall then be selected according to the Rules of the American Arbitration Association. Failure to comply with any of these provisions shall render the grievance non-arbitrable. It shall be the function of the arbitrator, and instructions herein before mentioned he/she shall be empowered, except as his/her powers are limited by this Agreement, after due investigation, to make a decision in cases of alleged violation of a specific Article(s) and Section(s) of this Agreement. He/she shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement. He/ she shall have no power to establish salary structures or change any salary or wage. He/she shall not substitute his/her judgment for that of the District's as to the quality qualifications and ability of workmanship an employee, if such judgment was not arbitrary or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at allcapricious. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and aboverendering decisions, the arbitrator shall give reasons for due regard to the awardresponsibility of management as conditioned by this Agreement. Subject as aforesaidIf the District disputes the arbitrability of any grievance under the terms of this Agreement, the provisions arbitrator shall have to decide if the grievance is arbitrable before hearing the merits of the Arbitration Actgrievance. In the event that a case is appealed to an arbitrator on which he/ she has no power to rule, 1940 it shall be referred back to the parties without decision or any statutory modification or re-enactment thereof and recommendation on its merits. There shall be no appeal from an arbitrator's decision if within the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clausescope of his/her authority as set forth above. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitrationbinding on the Association, its members, the employee(s) involved, and the District. The fees and expenses of the arbitrator shall be deemed to have entered on shared equally by the reference on the date he issues notice to both the parties fixing the date parties. All other costs and expenses of the first hearing. The venue of Arbitration arbitration, including filing fees and witness expenses, shall be such place as may be fixed borne by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractparty incurring them.
Appears in 5 contracts
Sources: Professional Agreement, Professional Agreement, Professional Services
Arbitration. Except where otherwise to the extent provided for in Section 11, in the Contractevent that any dispute, all questions controversy or claim arises between the Company or National and disputes relating the Executive with respect to the meaning subject matter of this Agreement and the specificationsenforcement of rights hereunder, designssuch dispute, drawings and instructions herein before mentioned and as to the quality of workmanship controversy or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, claim shall be referred to the sole resolved by binding arbitration before a panel of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator three arbitrators selected in accordance with the terms American Arbitration Association (the “AAA”). The arbitration shall be conducted in accordance with the Expedited Employment Arbitration Rules of the Contract. Such person shall be entitled to proceed with American Arbitration Association then in effect at the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount time of the claim arbitration (or such other rules as the parties may agree to in dispute is Rswriting), and otherwise in accordance with principles which would be applied by a court of law or equity. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being The determination reached in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking such arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would binding on both parties without any right of appeal or further dispute. Execution of the determination by such arbitration panel may be sought in any court of competent jurisdiction. The arbitrators shall not be open to arbitrationbound by judicial formalities and may abstain from following the strict rules of evidence and shall interpret this Agreement as an honorable engagement and not merely as a legal obligation. The arbitrator Unless otherwise agreed by the parties, any such arbitration shall be deemed to have entered on take place in a location selected by the reference on Company which is a convenient forum for such arbitration (taking into account the date he issues notice to both availability of a sufficient pool of experienced arbitrators) and not more than 100 miles from the parties fixing Executive’s principal place of employment at the date of the first hearing. The venue of Arbitration shall be Effective Date (or at such place other location as may be fixed agreed upon by the Arbitratorparties), and shall be conducted in his sole discretion. The award accordance with the Rules of the Arbitrator AAA. In the event of the occurrence of any proceeding (including the appeal of an arbitration decision) between the Company or National and the Executive with respect to the subject matter of this Agreement and the enforcement of rights hereunder, the Company or National shall reimburse the Executive for all reasonable costs and expenses relating to such proceeding, including reasonable attorneys’ fees and expenses, regardless of the final outcome, unless the arbitration panel determines that recovery by the Executive of all or a part of such fees, costs and expenses would be final, conclusive unjust. In no event shall the Executive reimburse the Company for any of the costs and binding all the parties expenses relating to this Contractsuch litigation or other proceeding.
Appears in 5 contracts
Sources: Employment Agreement (National Fuel Gas Co), Employment Continuation and Noncompetition Agreement (National Fuel Gas Co), Employment Agreement (National Fuel Gas Co)
Arbitration. Except where otherwise provided for Any dispute or controversy arising under or in the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, connection with this Agreement shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole settled exclusively by arbitration, of some other person appointed by the Chairman & Managing Directorconducted before an arbitrator in Houston, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator Texas in accordance with the terms National Rules for the Resolution of Employment Disputes of the ContractAmerican Arbitration Association then in effect. Such person Judgment may be entered on the arbitration award in any court having jurisdiction; provided, however, that the Company shall be entitled to proceed with seek a restraining order or injunction in any court of competent jurisdiction to prevent any violation or continuation of any violation of the reference from provisions of Articles 9, 10, 11 or 13 of this Agreement and Employee hereby consents that such restraining order or injunction may be granted without requiring the stage at which his predecessor left itCompany to post a bond. Only individuals who are on the AAA register of arbitrators shall be selected as an arbitrator. Within 20 days of the conclusion of the arbitration hearing, the arbitrator(s) shall prepare written findings of fact and conclusions of law. It is also a terms mutually agreed that the written decision of this Contract that no person other than a person appointed by such Chairman & Managing Directorthe arbitrator(s) shall be valid, as aforesaid should act as arbitrator binding, final and if for any reasonnon-appealable; provided however, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, parties hereto agree that the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open empowered to award punitive damages against any party to such arbitration. The arbitrator Company shall bear all administrative fees and expenses of the arbitration and each party shall bear its own counsel fees and expenses except as otherwise provided in this paragraph. If Employee makes a claim against the Company relating to the performance of, or the rights and obligations of, the Company arising under, relating to or in connection with this Agreement (a “Covered Claim by the Employee”), the arbitrators shall award Employee his reasonable legal fees and expenses if Employee prevails on one material Covered Claim by the Employee (as determined by the arbitrator). If a claim is made by the Company against Employee relating to the performance of, or the rights and obligations of, Employee arising under, relating to or in connection with this Agreement (a “Covered Claim by the Company”), the arbitrators shall award Employee his reasonable legal fees and expenses; provided that if such Covered Claim by the Company relates to Employee’s performance or obligations under Articles 9, 10, 11 or 13, the arbitrators shall award Employee his legal fees and expenses only if the Company does not prevail on any Covered Claim by the Company relating to any such Section (as determined by the arbitrator). Any reimbursement of reasonable legal fees and expenses required under this Section 14.02 and any reimbursement of expenses included in the Accrued Obligations payable to Employee under Article 6 shall be deemed made not later than the close of Employee’s taxable year following the taxable year in which Employee incurs the expense; provided, however, that, upon Employee’s termination of employment with the Company, in no event shall any additional reimbursement be made prior to have entered on the reference on the date he issues notice to both the parties fixing that is six months after the date of Employee’s termination of employment to the first hearing. The venue of Arbitration shall be extent such place as may be fixed by the Arbitrator, in his sole discretion. The award payment delay is required under Section 409A(a)(2)(B)(i) of the Arbitrator Code. In no event shall any reimbursement be final, conclusive made to Employee for such fees and binding all expenses incurred after the parties to this Contractdate that is 10 years after the date of Employee’s termination of employment with the Company.
Appears in 5 contracts
Sources: Severance Agreement (Cobalt International Energy, Inc.), Reorganization Agreement (Cobalt International Energy, Inc.), Severance Agreement (Cobalt International Energy, Inc.)
Arbitration. 14.1 Except where otherwise provided for in the Contractwith regard to Paragraph 12.1 hereof and any other matters that are not a proper subject of arbitration, all questions and disputes relating to between the meaning parties hereto concerning the performance, breach, construction or interpretation of the specificationsthis Agreement or any portion thereof, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way manner arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, this Agreement or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment performance thereof, shall be referred submitted to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole binding arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms rules of the Contract. Such person American Arbitration Association, which arbitration shall be entitled carried out in the manner hereinafter set forth.
14.2 Within twenty (20) days after written notice by one party to proceed with the reference from other of its demand for arbitration, which demand shall set forth the stage at which his predecessor left itname and address of its arbitrator, the other party shall select its arbitrator and so notify the demanding party. It is also a terms Within twenty (20) days thereafter, the two arbitrators so selected shall select the third arbitrator. The decision of this Contract that no person other than a person appointed by such Chairman & Managing Director, any two (2) arbitrators shall be binding upon the parties. In default of either side naming its arbitrator as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount or in default of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, selection of the said third arbitrator shall give reasons for the award. Subject as aforesaid, the provisions American Arbitration Association shall designate such arbitrator upon the application of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the either party. The arbitration proceeding under this clause. It is shall take place at a term mutually agreeable location in Nassau County, New York or such other location as agreed to by the parties.
14.3 A party who files a notice of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration must assert in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation demand all claims then known to that the bill party on which arbitration is ready for acceptance of the Contractorpermitted to be demanded. When a party fails to include a claim through oversight, inadvertence or excusable neglect, or when a claim has matured or been acquired subsequently, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company arbitrators may permit amendment. A demand for arbitration shall be discharged made within a reasonable time after the claim has arisen, and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may no event shall it be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on made after the date he issues notice to both the parties fixing the date when institution of the first hearing. The venue of Arbitration shall legal or equitable proceedings based on such claim would be such place as may be fixed barred by the Arbitrator, in his sole discretion. applicable statute of limitations.
14.4 The award of rendered by the Arbitrator arbitrators shall be final, conclusive binding and binding conclusive, shall be specifically enforceable, and judgment may be entered upon it in accordance with applicable law in the appropriate court in the State of New York, with no right of appeal therefrom.
14.5 Each party shall pay its or his own expenses of arbitration, and the expenses of the arbitrators and the arbitration proceeding shall be equally shared; provided, however, that, if, in the opinion of a majority of the arbitrators, any claim or defense was unreasonable, the arbitrators may assess, as part of their award, all or any part of the parties arbitration expenses of the other party (including reasonable attorneys' fees) and of the arbitrators and the arbitration proceeding against the party raising such unreasonable claim or defense; provided, further, that, if the arbitration proceeding relates to this Contractthe issue of "cause" for termination of employment, (a) if, in the opinion of a majority of the arbitrators, "cause" existed, the arbitrators shall assess, as part of their award, all of the arbitration expenses of the Company (including reasonable attorneys' fees) and of the arbitrators and the arbitration proceeding against the Employee or (b) if, in the opinion of a majority of the arbitrators, "cause" did not exist, the arbitrators shall assess, as part of their award, all of the arbitration expenses of the Employee (including reasonable attorneys' fees) and of the arbitrators and the arbitration proceeding against the Company.
Appears in 4 contracts
Sources: Employment Agreement (Extech Corp), Employment Agreement (Extech Corp), Employment Agreement (Extech Corp)
Arbitration. Except where otherwise provided for (a) Subject to Sections 10.2 and 10.3, if the Parties fail to resolve their dispute within seven (7) days of the start of the mediation, the Parties will appoint an arbitrator having appropriate experience in the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole biopharmaceutical industry who will conduct an arbitration of the Chairman & Managing Director dispute. If the Parties cannot agree on a mutually acceptable arbitrator within seven (7) days of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling decision to act proceed to the sole arbitration, either Party may apply to a court of some other person appointed by the Chairman & Managing Director, willing competent jurisdiction to act as such arbitrator. There will be no objection if the appoint an qualified arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that having appropriate experience in the course of his duties as such he had expressed views on all or any of the matters in dispute or differencebiopharmaceutical industry. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, arbitration shall appoint another person to act as arbitrator be conducted in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing DirectorArbitration Act, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand1991 (Ontario) and abovethe arbitrator shall also be empowered to hear injunctive proceedings in accordance therewith.
(b) Notwithstanding Section 10.5 below, the arbitrator shall give reasons may include in its award an order as to the payment of the costs of the proceedings and reasonable counsel fees. Any Party ordered to pay costs may avail itself of any procedure for the award. Subject as aforesaidtaxing of costs, provided, however, that the provisions of Parties specifically agreed that the Arbitration Act, 1940 or officer taxing such costs need not be bound by any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term scale of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not costs.
(c) The arbitrator will make any demand for arbitration in respect of any claim(s) its decision in writing within 90 fifteen (15) days of receiving the intimation from hearing and, unless the Corporation that the bill is ready for acceptance of the ContractorParties otherwise agree, the claim of the Contractor arbitrator’s reasons will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract set out in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will award shall be final and would binding on the Parties and shall not be open subject to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date any appeal although either Party may request clarification of the first hearing. award and the arbitrator’s reasons.
(d) The venue of Arbitration shall be such place as may be fixed by Parties consent to the Arbitrator, in his sole discretion. The award of the Arbitrator arbitrator being entered in any court having jurisdiction for the purposes of enforcement. In addition, if it appears to any Party that the arbitrator lacks the power to give effective interim relief, such Party may apply to any appropriate court for such relief.
(e) All matters in dispute, all claims, submissions, evidence and findings, and the award itself shall be finalkept confidential by the arbitrator, conclusive and binding all no information regarding any of the parties foregoing will be released to any Third Party or otherwise made public without the written consent of the Parties, except as otherwise contemplated herein and except for such information which is not Confidential Information.
(f) The Parties may with mutual consent, expand or abridge the time periods provided for in this ContractArticle 10.
Appears in 4 contracts
Sources: Exclusive License Agreement (Med BioGene Inc.), Additional Exclusive License Agreement (Med BioGene Inc.), Additional Exclusive License Agreement (Med BioGene Inc.)
Arbitration. Except where otherwise provided for The parties shall endeavor to settle all disputes by ----------- amicable negotiations. Any claim, dispute, disagreement or controversy that arises among the parties relating to this Option Agreement (excluding enforcement by the Company of its rights under the Agreement Not to Compete) that is not amicably settled shall be resolved by arbitration, as follows:
(a) Any such arbitration shall be heard in the ContractDistrict of Columbia, before a panel consisting of one (1) to three (3) arbitrators, each of whom shall be impartial. Except as the parties may otherwise agree, all questions arbitrators shall be appointed in the first instance by the appropriate official in the District of Columbia office of the American Arbitration Association or, in the event of his or her unavailability by reason of disqualification or otherwise, by the appropriate official in the New York City office of the American Arbitration Association. In determining the number and disputes relating appropriate background of the arbitrators, the appointing authority shall give due consideration to the meaning of the specificationsissues to be resolved, designs, drawings and instructions herein before mentioned and but his or her decision as to the quality number of workmanship or materials used on the work or arbitrators and their identity shall be final. Except as to any other questionotherwise provided in this Section 26, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress all of the work or after the completion or abandonment thereof, arbitration proceedings shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator conducted in accordance with the terms rules of the Contractarbitrators.
(b) An arbitration may be commenced by any party to this Option Agreement by the service of a written request for arbitration upon the other affected parties. Such person request for arbitration shall summarize the controversy or claim to be arbitrated, and shall be entitled referred by the complaining party to proceed with the reference from appointing authority for appointment of arbitrators ten (10) days following such service or thereafter. If the stage at which his predecessor left itpanel of arbitrators is not appointed by the appointing authority within thirty (30) days following such reference, any party may apply to any court within the District of Columbia for an order appointing arbitrators qualified as set forth below.
(c) All attorneys' fees and costs of the arbitration shall in the first instance be borne by the respective party incurring such costs and fees, but the arbitrators shall have the discretion to award costs and/or attorneys' fees as they deem appropriate under the circumstances. The parties hereby expressly waive punitive damages, and under no circumstances shall an award contain any amount that in any way reflects punitive damages.
(d) Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
(e) It is also a terms of this Contract intended that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 controversies or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred claims submitted to arbitration under this Section 26 shall remain confidential, and to that end it is agreed by the clause together with parties that neither the amount for amounts claimed facts disclosed in respect of each such dispute. It is also a term of the Contract that if arbitration, the Contractor does not make any demand for arbitration in respect issues arbitrated, nor the views or opinions of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractorpersons concerning them, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time disclosed to time with consent of the parties enlarge the third persons at any time, for making and publishing except to the award. The decision of the Engineer-in-charge regarding the quantum of reduction extent necessary to enforce an award or judgment or as well as justification thereof required by law or in respect of rates for substandard work, which may be decided response to be accepted, will be final and would not be open to legal process or in connection with such arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contract.
Appears in 4 contracts
Sources: Stock Option Agreement (Corporate Executive Board Co), Stock Option Agreement (Corporate Executive Board Co), Stock Option Agreement (Corporate Executive Board Co)
Arbitration. Except where otherwise provided for in If either the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, Provider Party or the execution or failure Administrator Party wishes to execute pursue the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act Dispute as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that provided in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasonsSection 6.1, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability party shall submit it to act, shall appoint another person to act as arbitrator binding arbitration conducted in accordance with the terms Commercial Arbitration Rules of the ContractAmerican Arbitration Association (“AAA”). Such person In no event may any arbitration be initiated more than one (1) year following, as applicable, the end of the sixty (60) day negotiation period set forth in Section 6.1, or the date of notice of termination. Arbitration proceedings shall be entitled to proceed with the reference conducted by an arbitrator chosen from the stage National Healthcare Panel at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, mutually agreed upon location within the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitrationState. The arbitrator shall not award any punitive or exemplary damages of any kind, shall not vary or ignore the provisions of this Agreement, and shall be deemed bound by controlling law. The Parties, CCHN and the Contracted Providers, on behalf of themselves and those that they may now or hereafter represent, agree to and do hereby waive any right to pursue, on a class basis, any Dispute. Each of the Provider Party and the Administrator Party shall bear its own costs and attorneys’ fees related to the arbitration except that the AAA’s Administrative Fees, all Arbitrator Compensation and travel and other expenses, and all costs of any proof produced at the direct request of the arbitrator shall be borne equally by the applicable parties, and the arbitrator shall not have entered the authority to order otherwise. The existence of a Dispute or arbitration proceeding shall not in and of itself constitute cause for termination of this Agreement. Except as hereafter provided, during an arbitration proceeding, each of the Provider Party and the Administrator Party shall continue to perform its obligations under this Agreement pending the decision of the arbitrator. Nothing herein shall bar either the Provider Party or the Administrator Party from seeking emergency injunctive relief to preclude any actual or perceived breach of this Agreement, although such party shall be obligated to file and pursue arbitration at the earliest reasonable opportunity. Judgment on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as award rendered may be fixed by the Arbitrator, entered in his sole discretionany court having jurisdiction thereof. The award of the Arbitrator Nothing contained in this Article VI shall be final, conclusive and binding all the parties limit a Party’s right to terminate this ContractAgreement with or without cause in accordance with Section 7.2.
Appears in 4 contracts
Sources: Participating Provider Agreement, Participating Provider Agreement (Carolina Complete Health Network, Inc.), Participating Provider Agreement
Arbitration. Except where Any dispute, claim or controversy arising under or in connection with this Agreement or Executive’s employment hereunder or the termination thereof shall (except to the extent otherwise provided for in Section 4(D) with respect to injunctive relief) be settled exclusively by arbitration administered by the ContractAmerican Arbitration Association (the “AAA”) and carried out in Cleveland, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, Ohio. The arbitration shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator conducted in accordance with the terms AAA’s Commercial Arbitration Rules in effect at the time of the Contractarbitration (the “AAA Rules”), except as modified herein. Such person There shall be entitled to proceed one arbitrator mutually selected by the Company and Executive, within thirty (30) days of receipt by respondent of the demand for arbitration. If the Company and Executive cannot mutually agree on an arbitrator within thirty (30) days, then an arbitrator shall be promptly appointed by the AAA in accordance with the reference from AAA Rules.
i. The arbitration hearings shall (except to the stage at which his predecessor left itextent otherwise reasonably provided by the arbitrator for good cause or as otherwise mutually agreed by the parties) commence within forty-five (45) days after the appointment of the arbitrator; the arbitration shall (except to the extent otherwise reasonably provided by the arbitrator for good cause or as otherwise mutually agreed by the parties) be completed within sixty (60) days of commencement of the hearings; and the arbitrator’s award shall be made within thirty (30) days following such completion.
ii. It The arbitrator may award any form of relief permitted under this Agreement and applicable law, including damages and temporary or permanent injunctive relief, except that the arbitral tribunal is also a not empowered to award damages in excess of compensatory damages, and each party hereby irrevocably waives any right to recover punitive, exemplary or similar damages with respect to any dispute. The arbitrator shall have no jurisdiction to vary the express terms of this Contract that no person other than a person appointed by such Chairman & Managing DirectorAgreement. The Company and Executive shall equally bear all costs, as aforesaid should act as arbitrator fees and if for any reasonexpenses of the arbitration, provided, however, that is not possible, each party shall bear its own attorney’s fees. The arbitrator may award attorney’s fees. The award shall be in writing and shall state the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award.
iii. The decision of rendered by the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will arbitrator shall be final and would not binding on the parties and may be open to arbitrationentered in any court of competent jurisdiction. The arbitrator shall be deemed parties waive, to have entered on the reference on fullest extent permitted by law, any rights to appeal to, or to seek review of such award by, any court. The parties further agree to obtain the date he issues notice arbitral tribunal’s agreement to both preserve the parties fixing the date confidentiality of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractarbitration.
Appears in 4 contracts
Sources: Restrictive Covenants Agreement (Sotera Health Co), Restrictive Covenants Agreement (Sotera Health Co), Restrictive Covenants Agreement (Sotera Health Co)
Arbitration. Except where otherwise provided for in Any controversy, dispute or claim (collectively, a "DISPUTE") between the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way parties arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksthis Agreement, or the execution breach, termination or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment validity thereof, shall be referred to the sole finally settled by arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms commercial arbitration rules of the ContractAmerican Arbitration Association ("AAA") then pertaining. Such person However, in all events, these arbitration provisions shall govern over any conflicting rules that may now or hereafter be contained in the AAA rules. The arbitration shall be held in the State of New York unless the parties mutually agree to have the arbitration held elsewhere, and judgment upon the award made therein may be entered by any court having jurisdiction in the State of New York; provided however, that nothing contained in this Article XVII shall be construed to limit or preclude a party from bringing any action in any court of competent jurisdiction for injunctive or other provisional relief to compel another party to comply with its obligations under this Agreement during the pendency of the arbitration proceedings. Any judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction over the subject matter hereof. The arbitrator shall have the authority to grant any equitable and legal remedies that would be available in any judicial proceeding instituted to resolve any claim hereunder. Any such arbitration will be conducted before a single arbitrator who shall be chosen by agreement of the parties, or, if the parties cannot agree, in accordance with the rules of the AAA. The arbitrator shall permit such discovery as he shall determine is appropriate in the circumstances, taking into account the needs of the parties and the desirability of making discovery expeditious and cost-effective. Any such discovery shall be limited to information directly related to the controversy or claim in arbitration and shall be concluded within sixty (60) days after appointment of the third arbitrator. The substantially prevailing party in any arbitration hereunder, as determined by the arbitrator, shall be entitled to proceed with an award of a percentage of its reasonable costs incurred in connection therewith, including attorneys' fees, determined by dividing the reference from amount actually awarded to the stage at which his predecessor left itprevailing party by the amount claimed by the prevailing party. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for For any reason, that is not possibleDispute submitted to arbitration, the matter is not to burden of proof will be referred to arbitration at all. In all cases where the amount of as it would be if the claim were litigated in dispute is Rsa judicial proceeding. 50,000/-(Rupees Fifty Thousand) and aboveUpon the conclusion of any arbitration proceedings hereunder, the arbitrator shall give will render findings of fact and conclusions of law and a written opinion setting forth the basis and reasons for the award. Subject as aforesaid, the provisions any decision reached and will deliver such documents to each party to this Agreement along with a signed copy of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement and shall make his decision based on and in accordance with the provisions of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractAgreement.
Appears in 4 contracts
Sources: Asset Purchase Agreement (Dobson Communications Corp), Asset Purchase Agreement (Dobson Communications Corp), Asset Purchase Agreement (American Cellular Corp /De/)
Arbitration. Except where otherwise provided for in the ContractAny controversy, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship dispute or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way claim arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, this Agreement or the execution refusal by any party hereto to perform the whole or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment any part thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole determined by arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course City of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasonsColumbus, such Chairman & Managing Director as aforesaid at the transferFranklin County, vacation of the office of inability to actOhio, shall appoint another person to act as arbitrator in accordance with the terms Commercial Arbitration Rules of the ContractAmerican Arbitration Association or any successor organization, except as otherwise set forth in this Section 9.10. Such The party demanding arbitration shall serve notice in writing upon all other parties hereto, setting forth in detail the controversy, dispute or claim with respect to which arbitration is demanded, and the parties shall thereupon endeavor to agree upon an arbitration board, which shall consist of three members (“Arbitration Board”). If all the parties hereto fail so to agree within a period of thirty (30) days from the original notice, the party demanding arbitration may, by written notice to all other parties hereto, direct that any members of the Arbitration Board that have not been agreed to by the parties shall be selected by the American Arbitration Association, or any successor organization. No person shall be entitled eligible for appointment to proceed the Arbitration Board who is an officer, employee, shareholder of or otherwise interested in any of the parties hereto or in the matter sought to be arbitrated. The Arbitration Board shall afford adequate opportunity to all parties hereto to present information with respect to the reference controversy, dispute or claim submitted to arbitration and may request further information from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Directorany party hereto; provided, as aforesaid should act as arbitrator and if for any reasonhowever, that is not possiblethe parties hereto may, by mutual agreement, specify the matter is not rules which are to govern any proceeding before the Arbitration Board and limit the matters to be referred to arbitration at allconsidered by the Arbitration Board, in which event the Arbitration Board shall be governed by the terms and conditions of such agreement. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions The determination or award of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules Board shall be made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is upon a term determination of a majority of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such disputemembers thereof. It is also a term The findings and award of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company Arbitration Board shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open conclusive with respect to arbitration. The arbitrator the controversy, dispute or claim submitted for arbitration and shall be deemed to have entered on the reference on the date he issues notice to both binding upon the parties fixing the date of the first hearing. The venue of Arbitration shall be such place hereto, except as may be fixed otherwise provided by the Arbitrator, in his sole discretionlaw. The award of the Arbitrator Arbitration Board shall be final, conclusive specify the manner and binding all extent of the division of the costs of the arbitration proceeding among the parties to this Contract.hereto
Appears in 4 contracts
Sources: Inter Company Power Agreement (Ohio Power Co), Inter Company Power Agreement (Columbus Southern Power Co /Oh/), Inter Company Power Agreement (Indiana Michigan Power Co)
Arbitration. The parties to this Agreement reserve the right to seek equitable relief from any court authorized to issue an injunction or extraordinary writ with respect to any breach or threatened breach of this agreement. Except where as so reserved, the parties shall submit any disputes arising under the terms of this Agreement to arbitration as set forth in this paragraph. Except as otherwise provided for in the Contractthis Agreement, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, this Agreement shall be referred to the sole decided by arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms commercial rules and regulations of Judicial Arbitration and Mediation Services ("JAMS"), except to the extent such rules and regulations are inconsistent with the provisions of Section 20 of this document. All arbitration proceedings hereunder shall be conducted in Orange County California. The substantive law of the Contract. Such person State of California shall be entitled applied by the arbitrator to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount resolution of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, provided that the decision of the arbitrator shall give reasons be based upon the express terms, covenants and conditions of this Agreement. If the parties to the dispute agree on one arbitrator, the arbitration shall be conducted by such arbitrator. If the parties to the dispute do not so agree, they shall request JAMS to provide a list of three (3) potential arbitrators, each party shall notify JAMS of one (1) of the potential arbitrators on the list who is not acceptable to such party, and the potential arbitrator on the list who is not identified by the parties as unacceptable shall be the arbitrator who will conduct the arbitration. Each party to the dispute reserves the right to object to any individual arbitrator who is employed by or affiliated with another party. The parties to the dispute shall have the right to conduct discovery as specified for up to one month. Such discovery shall include the right to take depositions and subpoena witnesses. At the request of the Executive Director/CEO, arbitration proceedings shall be conducted in the utmost confidentiality. In such case, all documents, testimony and records shall be received, heard and maintained by the arbitrator in confidentiality under seal, available for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent inspection only of the parties enlarge to the time, for making dispute and publishing the awardtheir respective attorneys and experts who have agreed in advance in writing to receive and maintain all such information in confidence until such information becomes generally known. The decision arbitrator shall issue a written opinion of the Engineer-in-charge regarding the quantum arbitrator's findings of reduction as well as justification thereof in respect fact and conclusions of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitrationlaw. The arbitrator shall be deemed able to have entered on decree any and all relief of an equitable nature, including, without limitation, such relief as a temporary restraining order and a preliminary or permanent injunction, and shall also be able to award damages, with or without an accounting, and costs, except that the reference on prevailing party shall be entitled to its reasonable attorneys’ fees. The decrees or judgment of an award rendered by the date he issues notice to both arbitrators shall be binding upon the parties fixing the date and may be entered in any court having jurisdiction thereof. Reasonable notice of the first hearing. The venue time and place of Arbitration arbitration shall be given to all persons as required by law. Such persons and their authorized representative shall have the right to attend or participate in all the arbitration hearings in such place manner as may the law requires. Costs and expenses of arbitration shall be fixed borne by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractCharter School.
Appears in 4 contracts
Sources: Employment Agreement, Employment Agreement, Employment Agreement
Arbitration. Except where otherwise 1. If the grievance has not been satisfactorily resolved within the grievance procedure, the Association may request a review by an impartial arbitrator, provided such request is filed in writing with the Director of Labor Relations no later than fourteen (14) calendar days after the rendering of the decision, by the Director of the Department or designee. Upon receipt of a timely written request, the Director of Labor Relations will set forth in motion the necessary machinery to schedule the arbitration hearing. Matters that are not subject to review as grievances are non-arbitrable and shall not be scheduled for in arbitration.
2. The Parties to this Agreement will attempt to mutually agree upon an independent arbitrator. If this cannot be done, a panel or panels will be immediately requested from the Contract, all questions and disputes relating American Arbitration Association. Requests for arbitration shall not be unduly delayed.
3. The arbitration shall be conducted under the labor rules of the American Arbitration Association. Subject to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and abovefollowing, the arbitrator shall give reasons for the award. Subject have jurisdiction and authority to decide a grievance as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof defined and the rules made there under and for the time being submitted in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitrationAgreement. The arbitrator shall have no authority to change, amend, add to, subtract from, ignore, modify, nullify, or otherwise alter or supplement this Agreement or any part thereof or any amendment thereto. The arbitrator shall have no authority to consider or rule upon any matter which is not a grievance as defined in this Agreement and his authority shall be deemed limited to the interpretation of the terms of this Agreement.
4. The arbitrator may not issue declaratory or advisory opinions and shall confine himself exclusively to the question which is presented to him, which question must be actual and existing.
5. At the request of either party there shall be a certified court reporter at the hearing.
6. The parties shall bear equally the expenses and fees of the mutually agreed upon court reporter, the expenses and fees of the arbitrator and all other expenses connected with a hearing. Each party shall bear the expense of its own witnesses, representatives, attorneys and all other individual expenses. Employees required to testify will be made available, however, whenever possible, they shall be placed on call to minimize time lost from work. Employees who have entered on completed their testimony shall return to work unless they are the reference on grievant or are directly required to assist the date he issues notice to both principal Association Representative in the conduct of the case. In class grievances, the class shall be represented by the Association President. The intent of the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretionis to minimize time lost from work.
7. The award of the Arbitrator arbitrator shall be final, conclusive final and binding all when made in accordance with the parties jurisdiction and authority of this Agreement. The arbitrator shall make his award within 30 days of the close of the hearing and shall promptly furnish copies to this Contractboth parties.
8. Matters excluded from the Grievance Procedure under Article 7, Section 3, shall be excluded from Arbitration.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Arbitration. Except where otherwise provided for The parties shall endeavor to settle all disputes by ----------- amicable negotiations. Any claim, dispute, disagreement or controversy that arises among the parties relating to this Option Agreement (excluding enforcement by the Company of its rights under the Agreement Not to Compete) that is not amicably settled shall be resolved by arbitration, as follows:
(a) Any such arbitration shall be heard in the ContractDistrict of Columbia, before a panel consisting of one (1) to three (3) arbitrators, each of whom shall be impartial. Except as the parties may otherwise agree, all questions arbitrators shall be appointed in the first instance by the appropriate official in the District of Columbia office of the American Arbitration Association or, in the event of his or her unavailability by reason of disqualification or otherwise, by the appropriate official in the New York City office of the American Arbitration Association. In determining the number and disputes relating appropriate background of the arbitrators, the appointing authority shall give due consideration to the meaning of the specificationsissues to be resolved, designs, drawings and instructions herein before mentioned and but his or her decision as to the quality number of workmanship or materials used on the work or arbitrators and their identity shall be final. Except as to any other questionotherwise provided in this Section 25, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress all of the work or after the completion or abandonment thereof, arbitration proceedings shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator conducted in accordance with the terms rules of the Contractarbitrators.
(b) An arbitration may be commenced by any party to this Option Agreement by the service of a written request for arbitration upon the other affected parties. Such person request for arbitration shall summarize the controversy or claim to be arbitrated, and shall be entitled referred by the complaining party to proceed with the reference from appointing authority for appointment of arbitrators ten (10) days following such service or thereafter. If the stage at which his predecessor left itpanel of arbitrators is not appointed by the appointing authority within thirty (30) days following such reference, any party may apply to any court within the District of Columbia for an order appointing arbitrators qualified as set forth below.
(c) All attorneys' fees and costs of the arbitration shall in the first instance be borne by the respective party incurring such costs and fees, but the arbitrators shall have the discretion to award costs and/or attorneys' fees as they deem appropriate under the circumstances. The parties hereby expressly waive punitive damages, and under no circumstances shall an award contain any amount that in any way reflects punitive damages.
(d) Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
(e) It is also a terms of this Contract intended that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 controversies or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred claims submitted to arbitration under this Section 25 shall remain confidential, and to that end it is agreed by the clause together with parties that neither the amount for amounts claimed facts disclosed in respect of each such dispute. It is also a term of the Contract that if arbitration, the Contractor does not make any demand for arbitration in respect issues arbitrated, nor the views or opinions of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractorpersons concerning them, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time disclosed to time with consent of the parties enlarge the third persons at any time, for making and publishing except to the award. The decision of the Engineer-in-charge regarding the quantum of reduction extent necessary to enforce an award or judgment or as well as justification thereof required by law or in respect of rates for substandard work, which may be decided response to be accepted, will be final and would not be open to legal process or in connection with such arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contract.
Appears in 4 contracts
Sources: Stock Option Agreement (Corporate Executive Board Co), Stock Option Agreement (Corporate Executive Board Co), Stock Option Agreement (Corporate Executive Board Co)
Arbitration. Except where otherwise provided for If the Claim is not resolved by negotiation by the conclusion of the negotiation period referred to above, such Claim shall be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and Title 9 of the Contract, all questions and disputes relating U.S. Code. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
(a) Any Participating Party desiring to commence arbitration shall send a written notice (an "Arbitration Notice") to the meaning of the specifications, designs, drawings other Participating Parties and instructions herein before mentioned and as to the quality of workmanship or materials used on AAA describing the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda dispute and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with setting forth the matters to which be resolved by the Contract relates and that in the course of his duties as such he had expressed views on all or any arbitration. Within ten Business Days of the date of such notice (the "Notice Period"), any other Participating Party may, if such Participating Party does not agree with the description or statement of matters in to be resolved, send an Arbitration Notice to the other Participating Parties and to the AAA describing the dispute or differenceand setting forth the matters to be resolved by the arbitration. The Within ten Business Days of the end of the Notice Period, the Participating Parties shall, if they can agree, select an arbitrator to whom resolve the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at dispute. In the transfer, vacation event that the Participating Parties have not selected an arbitrator within ten Business Days of the office end of inability to actthe Notice Period, then the dispute shall appoint another person to act as arbitrator be resolved by majority decision of a panel of three arbitrators, selected by the AAA in accordance with its rules.
(b) In selecting arbitrators, the Participating Parties or the AAA shall select persons who are experienced in and knowledgeable about the information technology and telecommunications industries and are rendering no advice or services to, and within the past two years have rendered no material advice or services to, any party to this Agreement.
(c) The place of arbitration shall be Austin, Texas.
(d) The arbitrator(s) shall have no authority to award punitive damages or any other damages not measured by the prevailing party's actual damages, and may not, in any event, make any ruling, finding or award that does not conform to the terms and conditions of this Agreement.
(e) At any time after the Contractcommencement of a proceeding hereunder, any Party may make an application to the arbitrators seeking injunctive relief until such time as the arbitration award is rendered or the controversy is otherwise resolved. Such person Any Participating Party may also apply to any court having jurisdiction hereof at any time to seek injunctive relief until such time as the arbitration award is rendered or the controversy is otherwise resolved.
(f) The award shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms made within one month of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions filing of the Arbitration ActNotice, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) shall agree to comply with this schedule before accepting appointment. However, this time limit may from time to time with consent be extended by agreement of the parties enlarge or by the time, for making and publishing the awardarbitrator(s) if necessary. The decision failure to meet these time limits shall not invalidate the award when rendered.
(g) Except as required by law or by regulation, or with the consent of all parties involved in the proceeding, no party hereto shall disclose or disseminate any information relating to a Claim or to the dispute resolution proceedings called for hereby except for disclosure to those of its officers, employees, accountants, attorneys and agents whose duties reasonably require them to have access to such information.
(h) The Participating Parties in the arbitration shall share equally the costs and expenses of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator Each Participating Party shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive otherwise bear its own fees and binding all the parties to this Contractexpenses.
Appears in 4 contracts
Sources: Internet Service Resale Agreement (SBC Communications Inc), Internet Service Resale Agreement (Prodigy Communications Corp), Sales Agency Agreement (SBC Communications Inc)
Arbitration. Except where otherwise provided (a) If a grievance alleging that a disciplinary action (reduction in base pay, demotion, involuntary transfer of more than 50 miles by highway, suspension, or dismissal) was taken without cause, is not resolved at Step 2, the PBA representative may appeal the grievance in writing to arbitration on the appropriate form as contained in Appendix C of this Agreement within 10 days following receipt of the decision at Step 2. If a contract language dispute as described in (3), above, is not resolved at Step 3, the PBA representative may appeal the grievance in writing to arbitration on the appropriate form as contained in Appendix C of this Agreement within 10 days following receipt of the decision at Step 3. If, at the initial written step, the PBA declined to represent the grievant because he was not a member of the PBA, the grievant may appeal the grievance to arbitration. The appeal to arbitration shall be filed with the Department of Management Services on the form contained in Appendix C of this Agreement and shall include a copy of the grievance forms submitted at Steps 1, 2, and 3 (if applicable) together with all written responses and documents in support of the grievance.
(b) The arbitrator shall be one person from a panel of four arbitrators selected by the Parties. The Department of Management Services’ Arbitration Coordinator shall schedule the arbitration hearing with the state and PBA representatives and the arbitrator listed next on the panel in rotation and shall coordinate the arbitration hearing time, date, and location.
(c) At least fifteen days before the scheduled date of the arbitration hearing, the parties shall file with the arbitrator, and provide to each other, a list of witnesses to be called at the hearing, except rebuttal witnesses, and a brief statement of the material facts or matters relevant to the grievance about which each witness will testify. A party may file a written request with the arbitrator, with a concurrent copy to the other party, for an exception to the filing time limits for good cause. If such exception is granted, the other party may request that the hearing be rescheduled if necessary for the party to respond to the late filed witness information.
(d) The parties may, by agreement in writing, submit related grievances for hearing before the Contractsame arbitrator. Arbitration hearings shall be scheduled as soon as feasible but not more than five months following the receipt of the Request for Arbitration Form. If the arbitrator initially selected is not available to schedule within this period, the Arbitration Coordinator shall contact succeeding arbitrators on the panel until an arbitrator is identified who can schedule within the prescribed period. A party may request of the arbitrator, with notice to the other party and the Arbitration Coordinator, an extension of time/continuance based on documented unusual and compelling circumstances. The parties may agree to schedule a hearing beyond the five-month deadline. The Arbitration Coordinator shall schedule arbitration hearings at times and locations agreed to by the parties, taking into account the availability of evidence, location of witnesses and existence of appropriate facilities, as well as other relevant factors; however, unless agreed otherwise, all questions and disputes relating to the meaning hearings shall be held within 50 miles of the specificationsgrievant(s)’ place of work.
(e) Where there is a threshold issue regarding arbitrability, designsincluding timeliness, drawings of a grievance raised by either party, an expedited arbitration hearing shall be conducted to address only the arbitrability issue. In such cases, the parties shall choose an arbitrator from the panel of arbitrators (see (5)(b) above), who is available to schedule a hearing and instructions herein before mentioned render a decision within 15 days of an arbitrator being chosen for this limited purpose. The hearing on this issue shall be limited to one day, and as the arbitrator shall be required to decide the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress issue within five business days of the work or after the completion or abandonment thereof, hearing. The hearing shall be referred to conducted by telephone upon the sole arbitration agreement of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda parties and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if The party losing the arbitrability issue shall pay the fees and expenses of the expedited arbitration. If the arbitrator so appointed determines that the issue is an employee of Uranium Corporation of India Limitedarbitrable, Jaduguda and that he had to deal with another arbitrator shall be chosen from the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator parties’ regular arbitration panel in accordance with the terms provisions of (5)(b) of this Article to conduct a hearing on the Contract. Such person substantive issue(s).
(f) The arbitrator may fashion an appropriate remedy to resolve the grievance and, provided the decision is in accordance with his jurisdiction and authority under this Agreement, shall be entitled to proceed with final and binding on the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possiblestate, the matter is not to be referred to arbitration at allPBA, the grievant(s), and the employees in the bargaining unit. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, considering a grievance the arbitrator shall give reasons for be governed by the awardfollowing provisions and limitations:
1. Subject as aforesaidThe arbitrator shall issue a decision not later than 22 days from the date of the closing of the hearing or the submission of briefs, whichever is later.
2. The arbitrator’s decision shall be in writing, shall be determined by applying a preponderance of the evidence standard, and shall set forth the arbitrator’s opinion and conclusions on the issue(s) submitted.
3. The arbitrator shall have no authority to determine any other issue, and shall refrain from issuing any statement of opinion or conclusion not essential to the determination of the issues submitted.
4. The arbitrator shall limit the decision strictly to the application and interpretation of the specific provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitrationAgreement.
5. The arbitrator shall be deemed without power or authority to make any decisions that are:
a. Contrary to or inconsistent with, adding to, subtracting from, or modifying, altering or ignoring in any way, the terms of this Agreement, or of applicable law or rules or regulations having the force and effect of law.
b. Limiting or interfering in any way with the power, duties and responsibilities of the state under its Constitution, applicable law, and rules and regulations having the force and effect of law, except as such powers, duties and responsibilities have entered on been abridged, delegated or modified by the reference on express provisions of this Agreement.
6. The arbitrator’s award may include back pay, to the Grievant(s); however, the following limitations shall apply to such monetary awards:
a. An award of back pay shall not exceed the amount of pay the grievant would otherwise have earned at his regular rate of pay, shall be reduced by the amount of wages earned from other sources or monies received as reemployment assistance benefits during the back pay period, shall not include punitive damages, shall not be retroactive to a date earlier than 15 days prior to the date he issues notice the grievance was initially filed.
b. If the Association is granted a continuance to both reschedule an arbitration hearing over the parties fixing the date objection of the first agency, the agency will not be responsible for back pay for the period between the original hearing date or the end of the five month period described in (5)(d), above, whichever is later, and the rescheduled date.
(g) The fees and expenses of the arbitrator shall be borne solely by the party who fails to prevail in the hearing; however, each party shall be responsible for compensating and paying the expenses of its own representatives, attorneys and witnesses. The venue arbitrator shall submit his fee and expense statement to the Arbitration Coordinator for processing in accordance with the arbitrator’s contract. Should the arbitrator fashion an award in such a manner that the grievance is sustained in part and denied in part, the state and the PBA will evenly split the arbitrator’s fee and expenses.
(h) A party may schedule a stenotype reporter to record the proceedings. Such party is responsible for paying the appearance fee of Arbitration the reporter. If either party orders a transcript of the proceedings, the party shall be such place as may be fixed by pay for the Arbitrator, in his sole discretioncost of the transcript and provide a photocopy to the arbitrator. The award party shall also provide a photocopy of the Arbitrator shall transcript to the other party upon written request and payment of copying expenses ($.15 per page).
(i) The PBA will not be final, conclusive and binding all the parties responsible for costs of an arbitration to this Contractwhich it was not a Party.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Arbitration. 10.1 After exhausting the Grievance Procedure, either party may request that a grievance be submitted to arbitration. A Notice to Arbitrate shall be made, in writing, to the other party within ten (10) regular workdays after the date of the Step 4 decision. The Notice to Arbitrate will indicate the arbitrator for that grievance from the following list: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Arbitrators will be selected in the order they appear on the list above; starting with the top of the list and moving to the bottom in the order that written Notices to Arbitrate are received. In the event that the arbitrator is no longer available to arbitrate, that particular case will be referred to the next arbitrator on the list. Should the schedule of the selected arbitrator be such that he is not available for a significant period of time, the parties may mutually agree, in writing, to move to the next arbitrator on the list. The expense of the arbitrator shall be equally divided between the Company and the Union.
10.2 The parties recognize those rights to expedited arbitration that exist under the Ontario Labour Relations Act.
10.3 The Arbitrators shall act as sole arbitrators with respect to each grievance that is referred to Arbitration.
10.4 Except where otherwise provided for in the Contractthis Agreement, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the awardhereto will bear its own expense with respect to any arbitration proceedings. The decision parties hereto will bear jointly the expenses of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would Arbitrator on an equal basis.
10.5 The Arbitrator shall not be open authorized, nor shall the Arbitrator assume authority, to arbitration. alter, modify, or amend any part of this Agreement, or to make any decision inconsistent with the provisions thereof except in the case of suspension and discharge, where the arbitrator will have the right to modify, or deal with any matter not covered by this Agreement.
10.6 The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award decision of the Arbitrator shall be final, conclusive final and binding all on the parties and any employee affected by it.
10.7 Hearings will be held at locations by mutual agreement.
10.8 All time limits referred to this Contractunder the Grievance and Arbitration Procedures herein may, at any time, be extended by written agreement between the Company and the Union.
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration. Except where otherwise provided for in It shall be the Contract, all questions and disputes relating to the meaning function of the specificationsarbitrator, designsand he/she shall be empowered, drawings and instructions herein before mentioned and except as his/her powers are limited below, after due investigation, to the quality make a decision in cases of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress alleged violation of the work specific articles and sections of this Agreement. The Arbitrator:
a. Shall have no power to add to, subtract from, disregard, alter or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or modify any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that agreement.
b. Shall have no person other than a person appointed by such Chairman & Managing Directorpower to establish salary schedules or fringe benefits or change any salary schedules or fringe benefits.
c. Shall have no power to rule on any prohibited subjects of bargaining.
d. His/her powers shall be limited to deciding whether the District or the MABA or the building administrator has violated the express written articles or sections of this Agreement, and shall not imply obligations and conditions binding upon the District or the MABA from this agreement.
e. There shall be no appeal from an arbitrator’s decision, if within the scope of his/her authority, as aforesaid should act as arbitrator and if for any reasonset forth above. It shall be binding on the MABA, that is not possibleits building administrators, the matter employee or employees involved, and the District.
f. The fees and expenses of the arbitrator shall be shared equally by the District and the MABA. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other.
g. All grievances must be filed in writing within five (5) working days from the time the member knew or should have known that the alleged violation had occurred. The District shall not be required to pay back wages more than five (5) days prior to the date a grievance is not filed.
1. All claims for back compensation shall be limited to be referred to arbitration at all. In all cases where the amount of wages that the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and abovebuilding administrator would otherwise have earned, less any compensation that he/she may have received from any source during the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions period of the Arbitration Act, 1940 or back pay claim.
2. No decision in any statutory modification or re-enactment thereof and the rules made there under and for the time being one case shall require a retroactive wage adjustment in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractother case.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Arbitration. Except where otherwise provided for as expressly set forth elsewhere in this Agreement or the ContractNon-Competition Agreement, all questions it is mutually agreed between the parties that arbitration shall be the sole and disputes relating exclusive remedy to redress any dispute, claim or controversy (hereinafter referred to as "grievance") involving the meaning interpretation of this Agreement or the terms or conditions of this Agreement or the terms, conditions or termination of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal Executive's employment with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all Company or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left itBank. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount intention of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply parties that the arbitration proceeding under this clauseaward shall be final and binding and that a judgment on the award may be entered in any court of competent jurisdiction and enforcement may be had according to its terms. It is Arbitration shall be initiated by one party filing a term of written demand on the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such disputeother party. It is also a term of the Contract that if the Contractor does not make any Any demand for arbitration in respect of any claim(s) in writing by the Executive shall be made within 90 20 days of receiving the intimation from the Corporation that the bill is ready for acceptance after receipt of the Contractor, the claim Notice of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitrationTermination. The arbitrator shall be deemed to have entered on chosen in accordance with the reference on the date he issues notice to both the parties fixing the date voluntary labor arbitration rules of the first American Arbitration Association. The place of the arbitration shall be the offices of the American Arbitration Association in Chicago, Illinois. The arbitrator shall not have jurisdiction or authority to change any of the provisions of this Agreement but shall interpret or apply any clause or clauses of this Agreement. The arbitrator shall have the power to compel the attendance of witnesses at the hearing. The venue parties stipulate that the provisions hereof, and the decision of Arbitration the arbitrator with respect to any grievance, shall be such place as may the sole and exclusive remedy for any alleged breach of the employment relationship in which event the Company or Bank shall be fixed by the Arbitrator, entitled to seek relief in his sole discretionany court having jurisdiction thereof. The award parties hereby acknowledge that subject to the foregoing exception, neither party has the right to resort to any federal, state or local court or administrative agency concerning breaches of this Agreement and that the decision of the Arbitrator arbitrator shall be finala complete defense to any suit, conclusive and binding all action or proceeding instituted in any federal, state or local court or before any administration agency with respect to any grievance which is arbitrable as herein set forth. The arbitration provisions hereof shall, with respect to any grievance, survive the parties to termination or expiration of the Executive's employment under this ContractAgreement.
Appears in 3 contracts
Sources: Employment Agreement (Covest Bancshares Inc), Employment Agreement (Covest Bancshares Inc), Employment Agreement (Covest Bancshares Inc)
Arbitration. (a) Except where otherwise as provided for in Section 7(c) below, both the Contract, all questions Company and disputes relating to the meaning of the specifications, designs, drawings you acknowledge and instructions herein before mentioned and as to the quality of workmanship agree that any dispute or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way controversy arising out of of, relating to, or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksin connection with this Agreement, or the execution interpretation, validity, construction, performance, breach, or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment termination thereof, shall be referred settled by binding arbitration unless otherwise required by law, to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limitedbe held in Richmond, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator Virginia in accordance with the terms National Rules for the Resolution of Employment Disputes then in effect of the ContractAmerican Arbitration Association. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person The arbitrator may grant injunctions or other than a person appointed by relief in such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the awardcontroversy. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. The party against whom the arbitrator(s) shall render an award shall pay the other party’s reasonable attorneys’ fees and other reasonable costs and expenses in connection with the enforcement of its rights under this ContractAgreement (including the enforcement of any arbitration award in court), unless and to the extent the arbitrator(s) shall determine that under the circumstances recovery by the prevailing party of all or a part of any such fees and costs and expenses would be unjust.
(b) The arbitrator(s) shall apply Virginia law to the merits of any dispute or claim, without reference to rules of conflicts of law. You hereby consent to the personal jurisdiction of the state and federal courts located in Virginia for any action or proceeding arising from or relating to this Agreement or relating to any arbitration in which the parties are participants.
(c) The parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, without breach of this arbitration agreement and without abridgment of the powers of the arbitrator.
(d) YOU HEREBY CONFIRM YOU HAVE READ AND UNDERSTAND THIS SECTION 7, WHICH DISCUSSES ARBITRATION, AND UNDERSTAND THAT BY SIGNING THIS AGREEMENT, YOU AGREE, EXCEPT AS PROVIDED IN SECTION 7(c), TO SUBMIT ANY CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH OR TERMINATION THEREOF TO BINDING ARBITRATION, UNLESS OTHERWISE REQUIRED BY LAW, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF YOUR RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF YOUR RELATIONSHIP WITH THE COMPANY.
Appears in 3 contracts
Sources: Employment Agreement (Union Bankshares Corp), Employment Agreement (Union First Market Bankshares Corp), Employment Agreement (Union First Market Bankshares Corp)
Arbitration. Except where as provided in Section 13, if any legally actionable dispute arises under this Agreement or otherwise provided for which cannot be resolved by mutual discussion between the parties, then the Company and Executive each agree to resolve that dispute by binding arbitration before an arbitrator experienced in employment law. Any arbitration hereunder shall be conducted in accordance with the Judicial Arbitration and Mediation Services (“JAMS”) Employment Arbitration Rules in effect at the time of the arbitration (the “JAMS Rules”) and the law applicable to the claim(s) asserted therein. The parties shall have fifteen (15) calendar days after JAMS issues a Commencement Letter (as defined in the Contract, all questions and disputes relating JAMS Rules) to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as attempt to the quality of workmanship or materials used agree on the work selection of an arbitrator from the JAMS roster. In the event the parties are unable to agree in such time, JAMS will provide a list of five (5) qualified and available arbitrators, and an arbitrator will be selected from that list by the parties alternately striking out one name of a potential arbitrator until only one name remains. The party entitled to strike an arbitrator first shall be selected by a coin toss. The parties agree that this agreement to arbitrate includes any claims that the Company may have against Executive, or as to any other questionthat Executive may have against the Company and/or its related entities and/or employees, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contractthis Agreement, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksExecutive’s employment, or Executive’s termination, including but not limited to any claims of discrimination or harassment in violation of applicable law and any other aspect of Executive’s compensation, employment, or termination. The parties further agree that arbitration as provided for in this Section 16(g) is the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda exclusive and if the Chairman binding remedy for any such dispute and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if used instead of any court action, and the arbitrator so appointed is an employee of Uranium Corporation of India Limitedparties hereby expressly waive any rights to litigate claims covered by this agreement to arbitrate in a court or other venue, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all except for (i) a request by any party for temporary, preliminary or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator permanent injunctive relief pending arbitration in accordance with applicable law; (ii) breaches by Executive of Executive’s obligations under Sections 11, 12, 14 or 15 hereof; or (iii) an administrative claim with an administrative agency. The parties agree that the terms arbitrator shall have the authority to and shall determine all gateway issues related to any dispute submitted to arbitration hereunder, including but not limited to the jurisdiction of the Contractarbitrator, the arbitrability of any dispute (including the scope, validity, or enforceability of this agreement to arbitrate), and the proper or permissible parties to any such arbitration. Such person The parties further agree that the arbitrator shall be entitled empowered to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Directoraward damages and/or equitable relief, as aforesaid should act as arbitrator and if appropriate. Any arbitration provided for herein shall be conducted in or around Morristown, New Jersey, unless otherwise mutually agreed. The Company shall pay the cost of any reasonarbitration brought pursuant to this paragraph, that is not possibleexcluding, however, the matter costs of Executive’s representation in the arbitration (including but not limited to the fees and costs of Executive’s attorneys, advisors, experts, and other service providers), unless such cost is not to be referred to arbitration at allawarded in accordance with law or otherwise awarded by the arbitrator. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and Except as otherwise provided above, the arbitrator may award legal fees to the prevailing party in the arbitrator’s sole discretion; provided that the percentage of fees so awarded shall give reasons for not exceed 1% of the award. Subject as aforesaidnet worth of the paying party (i.e., the provisions Company or Executive). Judgment upon any resulting arbitration award may be entered in any federal or state court of competent jurisdiction. Neither a party nor the Arbitration Actarbitrator may disclose the existence, 1940 content, or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect outcome of any claim(s) in writing within 90 days of receiving arbitration hereunder without the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released prior written consent of all liabilities under parties to the Contract in respect of these claims. The arbitrator(sarbitration, except (1) may from time to time with consent of the parties enlarge the time, for making as provided by Section 10 hereof; and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place (2) as may be fixed required by law, including for purposes of entering judgment upon or enforcing the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractarbitrator’s award.
Appears in 3 contracts
Sources: Employment Agreement (Bausch & Lomb Corp), Employment Agreement (Bausch & Lomb Corp), Employment Agreement (Bausch & Lomb Corp)
Arbitration. Except where otherwise provided for in the Contract(a) Any dispute, all questions and disputes relating to the meaning of the specificationscontroversy, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way claim arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksthis Agreement, or the execution breach, termination or failure to execute the sameinvalidity hereof, whether including claims for tortious interference or other tortious or statutory claims arising before, during the progress of the work or after the completion or abandonment thereoftermination, providing only that such claim touches upon matters covered by this contract, shall be referred finally settled by arbitration administered by the American Arbitration Association (“AAA”) pursuant to the Commercial Arbitration Rules as presently in force, except as modified by the specific provisions of this Agreement. The parties expressly agree that nothing in this Agreement shall prevent the parties from applying to a court that would otherwise have jurisdiction over the parties for provisional or interim measures, including injunctive relief. After the arbitration panel is empaneled, it shall have sole jurisdiction to hear such applications, except that the parties agree that any measures ordered by the arbitrators may be immediately and specifically enforced by a court otherwise having jurisdiction over the parties. The parties agree that judgment on the arbitration award may be entered by any court having jurisdiction thereof.
(b) The parties agree that the federal and state courts located in Houston, Texas shall have exclusive jurisdiction over an action brought to enforce the rights and obligations created in or arising from this Agreement to arbitrate, and each of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act parties hereto irrevocably submits to the sole arbitrationjurisdiction of said courts. Notwithstanding the above, application may be made by a party to any court of some other competent jurisdiction wherever situated for enforcement of any judgment and the entry of whatever orders are necessary for such enforcement. Process in any action arising out of or relating to this Agreement may be served on any party to the Agreement anywhere in the world by delivery in person appointed against receipt or by registered or certified mail, return receipt requested.
(c) The arbitration shall be conducted before a tribunal composed of three neutral arbitrators drawn from, in the first instance, the Texas Large Complex Claims panel and then, if necessary, from the Commercial panel. Each arbitrator shall sign an oath agreeing to be bound by the Chairman & Managing DirectorCode of Ethics for Arbitrators in Commercial Disputes promulgated by the AAA for Neutral Arbitrators. It is the intent of the parties to avoid the appearance of impropriety due to bias or partiality on the part of any arbitrator. Prior to his or her formal appointment, willing each arbitrator shall disclose to act the parties and to the other members of the tribunal, any financial, fiduciary, kinship or other relationship between that arbitrator and any party or its counsel, or between that arbitrator and any individual or entity with any financial, fiduciary, kinship or other relationship with any party. For the purposes of this Agreement, “appearance of impropriety” shall be defined as such arbitrator. There will be no objection if relationship or behavior as would cause a reasonable person to believe that bias or partiality on the part of the arbitrator so appointed is an employee may exist in favor of Uranium Corporation any party. Any award or portion thereof, whether preliminary or final, shall be in a written opinion containing findings of India Limited, Jaduguda fact and that he had to deal with the matters to which the Contract relates and that in the course conclusions of his duties as such he had expressed views on all or any of the matters in dispute or differencelaw signed by each arbitrator. The arbitrator dissenting from an award or portion thereof shall issue a dissent from the award or portion thereof in writing, stating the reasons for his or her dissent. The arbitrators shall hear and determine any preliminary issue of law asserted by a party to whom be dispositive of any claim, in whole or part, in the matter manner of a court hearing a motion to dismiss for failure to state a claim or for summary judgment, pursuant to such terms and procedures as the arbitrators deem appropriate.
(d) It is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation intent of the office of inability to actparties that, barring extraordinary circumstances, any arbitration hearing shall appoint another person to act as arbitrator in accordance with the terms be concluded within two months of the Contractdate the statement of claim is received by the AAA. Such person Unless the parties otherwise agree, once commenced, hearings shall be held 5 days a week, with each hearing day to begin at 9:00 A.M. and to conclude at 5:00 P.M. The parties may upon agreement extend these time limits, or the chairman of the panel may extend them if he or she determines that the interests of justice otherwise require. The arbitrators shall use their best efforts to issue the final award or awards within a period of 30 days after closure of the proceedings. Failure to do so shall not be a basis for challenging the award. The parties and arbitrators shall treat all aspects of the arbitration proceedings, including without limitation, discovery, testimony and other evidence, briefs and the award, as strictly confidential. The place of arbitration shall be Houston, Texas, U.S.A. unless otherwise agreed by the parties.
(e) The parties agree that discovery shall be limited and shall be handled expeditiously. Discovery procedures available in litigation before the courts shall not apply in an arbitration conducted pursuant to this Agreement. However, each party shall produce relevant and non-privileged documents or copies thereof requested by the other parties within the time limits set and to the extent required by order of the arbitrators. All disputes regarding discovery shall be promptly resolved by the arbitrators. No witness or party may be required to waive any privilege recognized at law. The parties hereby waive any claim to any damages in the nature of punitive, exemplary or statutory damages in excess of compensatory damages, or any form of damages in excess of compensatory damages, and the arbitration tribunal is specially divested of any power to award any damages in the nature of punitive, exemplary or statutory damages in excess of compensatory damages, or any form of damages in excess of compensatory damages. Except as provided in Section 5(d), the party prevailing on substantially all of its claims shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Directorrecover its costs, as aforesaid should act as arbitrator and if for any reasonincluding attorneys’ fees, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaidarbitration proceedings, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard workany ancillary proceeding, which may be decided including a proceeding to be acceptedcompel arbitration, will be final and would not be open to arbitration. The arbitrator shall be deemed request interim measures or to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractconfirm or set aside an award.
Appears in 3 contracts
Sources: Employment Agreement (Mens Wearhouse Inc), Employment Agreement (Mens Wearhouse Inc), Employment Agreement (Mens Wearhouse Inc)
Arbitration. Except where otherwise provided for in the ContractAny dispute, all questions and disputes relating to the meaning of the specificationsclaim or controversy based on, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders Consultant’s service or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, this Agreement shall be referred to the sole settled by final and binding arbitration of the Chairman & Managing Director of Uranium Corporation of India Limitedin San Diego, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitrationCalifornia, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as before a single neutral arbitrator in accordance with the terms of JAMS Employment Arbitration Rules and Procedures (the Contract“Rules”), and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. Such person The Rules may be found online at ▇▇▇.▇▇▇▇▇▇▇.▇▇▇. If the parties are unable to agree upon an arbitrator, one shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possibleJAMS in accordance with its Rules. Each party shall pay the fees of its own attorneys, the matter is not expenses of its witnesses and all other expenses connected with presenting its case; provided, however, Consultant and the Company agree that, to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and aboveextent permitted by law, the arbitrator may, in his or her discretion, award reasonable attorneys’ fees to the prevailing party; provided, further, that the prevailing party shall give reasons be reimbursed for such fees, costs and expenses within forty-five (45) days following any such award, but in no event later than the awardlast day of Consultant’s taxable year following the taxable year in which the fees, costs and expenses were incurred; provided, further, that the parties’ obligations pursuant to this sentence shall terminate on the tenth (10th) anniversary of the date of Consultant’s termination of service. Subject as aforesaidOther costs of the arbitration, including the cost of any record or transcripts of the arbitration, JAMS administrative fees, the provisions fee of the Arbitration Actarbitrator, 1940 or any statutory modification or re-enactment thereof and the rules made there under all other fees and for the time being in forcecosts, shall apply be borne by the arbitration proceeding Company. This Section 7 is intended to be the exclusive method for resolving any and all claims by the parties against each other for payment of damages under this clauseAgreement or relating to Consultant’s service. It is a term This Agreement shall not limit either party’s right to obtain any provisional remedy, including, without limitation, injunctive or similar relief, from any court of competent jurisdiction as may be necessary to protect their rights and interests pending the Contract that the party invoking arbitration outcome of arbitration, including without limitation injunctive relief, in any court of competent jurisdiction. Seeking any such relief shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred be a waiver of such party’s right to compel arbitration. Both Consultant and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time Company expressly waive their right to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contracta jury trial.
Appears in 3 contracts
Sources: Consulting Agreement (Zentalis Pharmaceuticals, Inc.), Consulting Agreement (Zentalis Pharmaceuticals, LLC), Consulting Agreement (Zentalis Pharmaceuticals, LLC)
Arbitration. Except where otherwise provided for in the ContractAny dispute, all questions and disputes relating to the meaning of the specificationsclaim or controversy based on, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders Executive’s employment or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, this Agreement shall be referred to the sole settled by final and binding arbitration of the Chairman & Managing Director of Uranium Corporation of India Limitedin San Diego, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitrationCalifornia, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as before a single neutral arbitrator in accordance with the JAMS Employment Arbitration Rules and Procedures (the “Rules”), and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. The Rules may be found online at ▇▇▇.▇▇▇▇▇▇▇.▇▇▇. If the parties are unable to agree upon an arbitrator, one shall be appointed by JAMS in accordance with its Rules. Each party shall pay the fees of its own attorneys, the expenses of its witnesses and all other expenses connected with presenting its case; provided, however, Executive and the Company agree that, to the extent permitted by law, the arbitrator may, in his or her discretion, award reasonable attorneys’ fees to the prevailing party; provided, further, that the prevailing party shall be reimbursed for such fees, costs and expenses within forty-five (45) days following any such award, but in no event later than the last day of Executive’s taxable year following the taxable year in which the fees, costs and expenses were incurred; provided, further, that the parties’ obligations pursuant to this sentence shall terminate on the tenth (10th) anniversary of the date of Executive’s termination of employment. Other costs of the arbitration, including the cost of any record or transcripts of the arbitration, JAMS administrative fees, the fee of the arbitrator, and all other fees and costs, shall be borne by the Company. This Section 7 is intended to be the exclusive method for resolving any and all claims by the parties against each other for payment of damages under this Agreement or relating to Executive’s employment; provided, however, that Executive shall retain the right to file administrative charges with or seek relief through any government agency of competent jurisdiction, and to participate in any government investigation, including but not limited to (a) claims for workers’ compensation, state disability insurance or unemployment insurance; (b) administrative claims brought before any state or federal governmental authority; provided, however, that any appeal from an award or from denial of an award of wages and/or waiting time penalties shall be arbitrated pursuant to the terms of this Agreement; and (c) claims for administrative relief from the Contract. Such person United States Equal Employment Opportunity Commission and/or any similar state agency in any applicable jurisdiction); provided, further, that Executive shall not be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person obtain any monetary relief through such agencies other than a person appointed by workers’ compensation benefits or unemployment insurance benefits. This Agreement shall not limit either party’s right to obtain any provisional remedy, including, without limitation, injunctive or similar relief, from any court of competent jurisdiction as may be necessary to protect their rights and interests pending the outcome of arbitration, including without limitation injunctive relief, in any court of competent jurisdiction. Seeking any such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is relief shall not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred be a waiver of such party’s right to compel arbitration. Both Executive and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time Company expressly waive their right to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contracta jury trial.
Appears in 3 contracts
Sources: Employment Agreement (Zentalis Pharmaceuticals, Inc.), Employment Agreement (Zentalis Pharmaceuticals, LLC), Employment Agreement (Zentalis Pharmaceuticals, LLC)
Arbitration. Except where otherwise provided for All appeals from determinations of a Units Award Dispute by the EB Committee as described in the Contractsubsection (b) above, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereofUnits Damages Dispute, shall be referred fully and finally settled by arbitration administered by the American Arbitration Association (“AAA”) on an individual basis (and not on a collective or class action basis) before a single arbitrator pursuant to the sole AAA’s Commercial Arbitration Rules in effect at the time any such arbitration is initiated. Any such arbitration must be initiated in writing pursuant to the aforesaid rules of the Chairman & Managing Director AAA no later than one year from the date that the claim accrues. Decisions about the applicability of Uranium Corporation the limitations period contained herein are for the arbitrator to decide. A copy of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to AAA’s Commercial Arbitration Rules may be obtained from Human Resources. The Participant agrees that the sole arbitration, arbitration shall be held at the office of some other person appointed the AAA nearest the place of the Participant’s most recent employment by the Chairman & Managing DirectorCompany or a Related Company, willing unless the parties agree to act as such arbitratora different location. There will be no objection if All claims by the arbitrator so appointed is an employee Company or a Related Company against the Participant, except for breaches of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters Participant’s Obligations contained in Exhibit A hereto, shall also be raised in such arbitration proceedings.
(i) The arbitrator shall have the authority to determine whether this arbitration agreement is enforceable and whether any dispute or differencesubmitted for arbitration hereunder is arbitrable. The arbitrator shall decide all issues submitted for arbitration according to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the ContractPlan, this Agreement, existing Company policy, and applicable substantive New York State and U.S. federal law and shall have the authority to award any remedy or relief permitted by such laws. Such person The final decision of the EB Committee with respect to a Units Award Dispute shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by upheld unless such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 decision was arbitrary or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the awardcapricious. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will arbitrator shall be final and would binding and enforceable in any applicable court.
(ii) The Participant understands and agrees that, pursuant to this Agreement, both the Participant and the Company or a Related Company waive any right to ▇▇▇ each other in a court of law or equity, to have a trial by jury, or to resolve disputes on a collective, or class, basis, and that the sole forum available for the resolution of Units Award Disputes and Units Damages Disputes is arbitration as provided herein. This dispute resolution procedure shall not be open prevent either the Participant or the Company or a Related Company from commencing an action in any court of competent jurisdiction for the purpose of obtaining injunctive relief to arbitrationprevent irreparable harm pending arbitration hereunder; in such event, both the Participant and the Company or a Related Company agree that the party who commences the action may proceed without necessity of posting a bond.
(iii) In consideration of the Participant’s agreement in subsection (ii) above, the Company or a Related Company will pay all filing, administrative and arbitrator’s fees incurred in connection with the arbitration proceedings. If the AAA requires the Participant to pay the initial filing fee, the Company or a Related Company will reimburse the Participant for that fee.
(iv) The arbitrator parties intend that the arbitration procedure to which they hereby agree shall be deemed the exclusive means for resolving all Units Award Disputes (subject to have entered on the reference on mandatory EB Committee procedure provided for in Paragraph 25(b) above) and Units Damages Disputes. Their agreement in this regard shall be interpreted as broadly and inclusively as reason permits to realize that intent.
(v) Notwithstanding any other provision of this Agreement, any dispute arising under this Agreement or subject to this dispute resolution provision shall be governed by and construed in accordance with the date he issues notice to both the parties fixing the date laws of the first hearing. The venue State of Arbitration shall be such place as may be fixed by New York, without giving effect to the Arbitrator, in his sole discretion. The award conflicts of the Arbitrator shall be final, conclusive and binding all the parties to this Contractlaws provisions thereof.
Appears in 3 contracts
Sources: Performance Stock Unit Agreement (Verizon Communications Inc), Special Restricted Stock Unit Agreement (Verizon Communications Inc), Restricted Stock Unit Agreement (Verizon Communications Inc)
Arbitration. Except where otherwise provided for (a) In the event of any dispute, a party may seek conciliation proceedings. The conciliation proceedings will be in accordance with the ContractArbitration and Conciliation Act, all questions 1996 and the rules made there under read in conjunction with Amendment Act 2015 and any statutory modification thereof.
(b) The standard clause of arbitration is enumerated below :-
(i) All disputes relating to or differences arising out of or in connection with the meaning present contract including the one connected with the validity of the specificationspresent contract or any part thereof should be settled by bilateral discussions.
(ii) Any dispute, designs, drawings and instructions herein before mentioned and as to the quality disagreement of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way question arising out of or relating to this contract or relating to construction or performance (except as to any matter the Contractdecision or determination whereof is provided for by these conditions), designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereofwhich cannot be settled amicable, shall within sixty (60) days or such longer period as may be mutually agreed upon, from the date on which either party informs the other in writing by a notice that such dispute, disagreement or question exists, will be referred to as sole Arbitrator.
(iii) Within sixty (60) days of the receipt of the said notice, an arbitrator of the rank of serving Lt Col and above shall be nominated in writing by the contract sanctioning or authority agreed upon by the parties. The award of the arbitrator shall be final and binding on the parties to this contract.
(iv) The venue of the arbitration shall be the location of the HoD/ Buyer/ Consignee or such other place that the Officer sanctioning the contract or arbitrator at his discretion may determine.
(v) The arbitration proceedings shall be conducted under the Indian Arbitration and Conciliation Act, 1996 and the rules made there under read in conjunction with Amendment Act 2015 and any statutory modification thereof.
(vi) Each party shall bear its own cost of preparing and presenting its case. The cost of arbitration including the fees and expenses shall be shared equally by the parties, unless otherwise awarded by the sole arbitration arbitrator.
(vii) The parties shall continue to perform their respective obligations under this contract during the pendency of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act arbitration proceedings except in so far as such arbitrator. There will be no objection if obligations are the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any subject matter of the matters in dispute or difference. The said arbitration proceedings.
(viii) In the event of the arbitrator to whom the matter is originally referred being transferred denying, neglecting or vacating his office refusing to act or resigning or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint including transfer to another person to act as arbitrator in accordance with place or his award being set aside by the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if court for any reason, it shall be lawful for the contract sanctioning officer to appoint another arbitrator in place of outgoing arbitrator in the matter aforesaid.
(ix) It will be no objection that the arbitrator is a Government servant provided that such arbitrator had not been associated with a dispute or difference in question nor had expressed his views on any of the matter in such dispute or difference.
(x) The arbitrator may from time to time without the consent of the parties to the contract but with the approval of competent financial authority choose to enlarge the time of making award.
(xi) The arbitrator shall state the reason upon which the award is based irrespective of the amount involved.
(xii) The parties shall not initiate during the conciliation proceedings, any arbitral or judicial proceedings in respect of a dispute that is not possiblethe subject matter or the conciliation proceedings except that a party may initiate arbitral or judicial proceedings where, the matter is not in his/their opinion, such proceedings are necessary for preserving his/their rights.
(xiii) Any dispute/ clarification with regard to any clause of arbitration shall be referred to arbitration at all. In all cases where the amount of the claim resolved in dispute is Rs. 50,000/-(Rupees Fifty Thousand) accordance with Indian Arbitration and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Conciliation Act, 1940 or any statutory modification or re-enactment thereof 1996 and the rules made there under read in conjunction with Amendment Act 2015 and for any statutory modification thereof. (Note – In the time being in force, shall apply the arbitration proceeding under this clause. It is a term event of the Contract that parties deciding to refer the dispute/s for adjudication to an Arbitral Tribunal then one arbitrator each will be appointed by each party invoking arbitration shall specify and the dispute or disputes to case will be referred to arbitration under the clause together with the amount Indian Council of Arbitration (ICADR) for amounts claimed in respect of each such dispute. It is also a term nomination of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance third arbitrator. The fees of the Contractor, arbitrator appointed by the claim parties shall be borne by each party and the fees of the Contractor will be deemed to have been waived and absolutely barred and the company third arbitrator, if appointed, shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed equally shared by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive buyer and binding all the parties to this Contractseller.
Appears in 3 contracts
Sources: Contract for Supply of Refined Iodized Salt, Contract for Supply of Refined Iodized Salt, Contract for Supply of Refined Iodized Salt
Arbitration. Except where otherwise provided for in the Contracti. Any controversy, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship dispute or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way claim arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, this Agreement or the execution or failure to execute breach hereof which cannot be settled by mutual agreement will be finally settled by binding arbitration in the sameCommonwealth of Massachusetts, whether arising during under the progress jurisdiction of the work American Arbitration Association or after the completion or abandonment thereofother mutually agreeable alternative arbitration dispute resolution service, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person before a single arbitrator appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms arbitration rules of the ContractAmerican Arbitration Association or other selected service, modified only as herein expressly provided. Such person shall be entitled The arbitrator may enter a default decision against any party who fails to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim participate in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the awardproceedings.
ii. The decision of the Engineerarbitrator on the points in dispute will be final, non-in-charge regarding appealable and binding, and judgment on the quantum of reduction as well as justification thereof in respect of rates for substandard work, which award may be decided to be accepted, entered in any court having jurisdiction thereof.
iii. The fees and expenses of the arbitrator will be final shared equally by the parties, and would not be open each party will bear the fees and expenses of its own attorney; provided that, to arbitrationthe extent the arbitrator determines you have prevailed on at least one material issue involved in any dispute commencing during the Change in Control Protection Period, the Company shall reimburse you for all reasonable attorneys’ fees in connection with such Dispute.
iv. The arbitrator shall parties agree that this Section 13(f) has been included to resolve any disputes between them with respect to this Agreement, and that this Section 13(f) will be deemed grounds for dismissal of any court action commenced by either party with respect to have entered on this Agreement, other than post-arbitration actions seeking to enforce an arbitration award or actions seeking an injunction or temporary restraining order. In the reference on the date he issues notice event that any court determines that this arbitration procedure is not binding, or otherwise allows any litigation regarding a dispute, claim, or controversy covered by this Agreement to both proceed, the parties fixing hereto hereby waive, to the date of the first hearing. maximum extent allowed by law, any and all right to a trial by jury in or with respect to such litigation.
v. The venue of Arbitration shall be such place parties will keep confidential, and will not disclose to any person, except as may be fixed required by law or the Arbitrator, in his sole discretion. The award rules and regulations of the Arbitrator shall be finalSecurities and Exchange Commission or other government agencies, conclusive and binding all the parties existence of any controversy hereunder, the referral of any such controversy to this Contractarbitration or the status or resolution thereof.
Appears in 3 contracts
Sources: Employment Agreement (Marimed Inc.), Employment Agreement (Marimed Inc.), Employment Agreement (Marimed Inc.)
Arbitration. Except where otherwise provided for in the Contract, all questions and disputes relating Subject to the meaning right of the specificationseach party to seek specific performance (which right shall not be subject to arbitration), designs, drawings and instructions herein before mentioned and as to the quality if a dispute arises out of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever is in any way arising out of or relating related to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, this Agreement or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment asserted breach thereof, such dispute shall be referred to arbitration before the sole American Arbitration Association the (“AAA”) pursuant to the AAA’s National Rules for the Resolution of Employment Disputes (the “Arbitration Rules”). A dispute subject to the provisions of this section will exist if either party notifies the other party in writing that a dispute subject to arbitration exists and states, with reasonable specificity, the issue subject to arbitration (the "Arbitration Notice"). The parties agree that, after the issuance of the Chairman & Managing Director of Uranium Corporation of India LimitedArbitration Notice, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to parties will try in good faith between the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any date of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation issuance of the office of inability Arbitration Notice and the date the dispute is set for arbitration to act, shall appoint another person to act as arbitrator resolve the dispute by mediation in accordance with the terms Arbitration Rules. If the dispute is not resolved by the date set for arbitration, then any controversy or claim arising out of this Agreement or the Contract. Such person asserted breach hereof shall be entitled resolved by binding arbitration and judgment upon any award rendered by arbitrator(s) may be entered in a court having jurisdiction. In the event any claim or dispute involves an amount in excess of $100,000, either party may request that the matter be heard and resolved by a single arbitrator. The arbitrator shall have the same power to proceed with compel the reference from attendance of witnesses and to order the stage at which his predecessor left itproduction of documents or other materials and to enforce discovery as could be exercised by a United States District Court judge sitting in the Northern District of New York. It is also In the event of any arbitration, each party shall have a terms reasonable right to conduct discovery to the same extent permitted by the Federal Rules of this Contract Civil Procedure, provided that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, discovery shall be concluded within 90 days after the date the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons set for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator or arbitrators shall have the power to award reasonable attorneys’ fees to the prevailing party. Any provisions in this Agreement to the contrary notwithstanding, this section shall be deemed to governed by the Federal Arbitration Act and the parties have entered on the reference on the date he issues notice into this Agreement pursuant to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractAct.
Appears in 3 contracts
Sources: Employment Agreement (NBT Bancorp Inc), Employment Agreement (NBT Bancorp Inc), Employment Agreement (NBT Bancorp Inc)
Arbitration. Except where otherwise provided 11.1 Each party shall designate a project manager to coordinate such party's activities under this Agreement. Such project managers shall also, when necessary, confer in order to resolve problems or disputes that may arise in connection with each party's performance hereunder. If the project managers cannot resolve such problems or disputes, such problems or disputes shall be referred to each party's respective senior management for in the Contractdiscussion and resolution.
11.2 Subject to Paragraph 11.4, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship any controversy or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way claim arising out of or relating to the Contractthis Agreement, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall and which cannot be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator resolved in accordance with the terms procedure set forth in the preceding paragraph, shall be submitted to arbitration before a panel of three (3) arbitrators. The arbitrators shall be selected and the arbitration conducted in accordance with the _________________________. An award shall be conclusive and binding if concurred in by two (2) of the Contractarbitrators, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Such person The arbitrators shall be entitled required to proceed deliver a written decision setting forth their findings of fact and basis for their award. The arbitrators' award shall provide for the payment of the arbitrators' expenses and fees, together with other expenses incurred in the reference from conduct of the stage at which his predecessor left it. It is also a terms of this Contract that no person arbitration proceeding other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator legal fees and if for any reason, that is not possibleexpenses. However, the matter is not arbitrators shall award the prevailing party reasonable attorneys' fees and other expenses incurred in the arbitration proceeding in the event that the arbitrators determine that either party acted in bad faith in connection with either asserting a claim or a defense in the arbitration proceeding itself.
11.3 The parties hereby agree to be referred submit to arbitration at all. In all cases where the amount exclusive personal jurisdiction and venue of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) _______________________________ for purposes of enforcing the agreement to arbitrate, providing provisional relief pending the award, and above, the arbitrator shall give reasons for entering judgment on the award. Subject as aforesaidIf for any reason the aforesaid court does not have subject matter jurisdiction, the parties alternatively agree to submit to the exclusive personal jurisdiction and venue of the applicable court of the _____________________ for the foregoing purposes. Nothing contained in this paragraph shall preclude the arbitrators from granting, where appropriate, injunctive or other provisional relief pending a final award.
11.4 Notwithstanding the provisions of Paragraphs 11.2 and 11.3, any party hereto may pursue any provisional remedy (including but not limited to preliminary injunctive relief) to enforce its rights hereunder in the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being courts designated in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractParagraph 11.
Appears in 3 contracts
Sources: Cross License Agreement (Synavant Inc), Cross License Agreement (Synavant Inc), Cross License Agreement (Ims Health Inc)
Arbitration. Except where as otherwise provided for set forth in Section 6 hereof, any dispute or controversy between the Contract, all questions Company or its respective affiliates (including the Partnership and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used Parent) on the work or as to any one hand, and the Executive on the other questionhand, claim, right, matter or thing whatsoever in any way whether arising out of or relating to this Agreement, the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksbreach of this Agreement, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereofotherwise, shall be referred to the sole settled by final and binding arbitration of the Chairman & Managing Director of Uranium Corporation of India Limitedin ▇▇▇▇ County, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed Illinois administered by the Chairman & Managing DirectorAmerican Arbitration Association, willing to act as with any such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred controversy arising under this Agreement being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator so administered in accordance with its Commercial Rules then in effect, and judgment on the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed award rendered by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitrationentered in any court having jurisdiction thereof. The arbitrator shall be deemed have the authority to have entered on award any remedy or relief that a court of competent jurisdiction could order or grant, including, without limitation, the reference on issuance of an injunction. Except as necessary in court proceedings to enforce this arbitration provision or an award rendered hereunder, or to obtain interim relief, neither a party nor an arbitrator may disclose the date he issues notice to both existence, content or results of any arbitration hereunder without the parties fixing the date prior written consent of the first hearingCompany and the Executive. The venue Company and the Executive acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding any choice of law provision included in this Agreement, the United States Federal Arbitration Act shall govern the interpretation and enforcement of this arbitration provision. In the event action is brought to enforce the provisions of this Agreement pursuant to this Section 9, the non-prevailing parties shall be such place as may be fixed by required to pay the Arbitrator, in his sole discretion. The award reasonable attorney’s fees and expenses of the Arbitrator prevailing parties, except that if in the opinion of the arbitrator deciding such action there is no prevailing party, each party shall be finalpay its own attorney’s fees and expenses. For purposes of complying with the requirements of Section 409A of the Internal Revenue Code of 1986, conclusive and binding all as amended (the parties “Code”):
(a) The right of the Executive to reimbursement of attorney’s fees or expenses pursuant to this ContractSection 9 shall apply until the tenth (10th) anniversary of the expiration of the Employment Period.
(b) The amount of expenses eligible for reimbursement during a calendar year shall not affect the expenses eligible for reimbursement in any other calendar year.
(c) The reimbursement of an expense must be paid to the Executive on or before the last day of the calendar year following the calendar year in which the expense was incurred.
(d) The right to reimbursement is not subject to liquidation or exchange for another benefit.
Appears in 3 contracts
Sources: Employment Agreement (Aviv REIT, Inc.), Employment Agreement (Aviv REIT, Inc.), Employment Agreement (Aviv REIT, Inc.)
Arbitration. Except where otherwise provided for in I hereby agree to submit all claims against the Contract, all questions and disputes relating to the meaning manufacturers or distributors of the specifications, designs, drawings and instructions herein before mentioned and as rental equipment rented and/or used by me at Mohawk to the quality of workmanship or materials used on the work or as binding arbitration. I further agree to submit any other questiondispute with Mohawk, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress which arises from use of the work or after the completion or abandonment thereofequipment and/or skiing at Mohawk Mountain Ski Area, Inc. to binding arbitration. For any dispute submitted to binding arbitration pursuant to this agreement, there shall be referred a three-member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the sole arbitration of “Panel”), to be chosen by the Chairman & Managing Director of Uranium Corporation of India Limitedparty-appointed arbitrators. In the event that the two party-appointed arbitrators are not able to agree on a third, Jaduguda and if neutral arbitrator, the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person neutral arbitrator shall be appointed by the Chairman & Managing DirectorUnited States District Court, willing to act as such for the District of Connecticut. Each party shall pay its own costs, including the costs associated with the party-appointed arbitrators, and the parties shall share equally the costs associated with the neutral arbitrator. There will The arbitration proceeding shall proceed in West Hartford, Connecticut and shall be no objection governed by the Federal Rules of Evidence. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter. With regard to disputes between me and Mohawk, if the arbitrator so appointed is an employee of Uranium Corporation of India Limiteddispute arises from a personal injury or death, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any first phase of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person arbitration shall be entitled to proceed with the reference determine whether said injury or death arose from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at allhazard/risk inherent in skiing. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract event that the party invoking arbitration shall specify Panel determines the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed alleged injury/death arose from a hazard/risk inherent in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractorskiing, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered barred, as a matter of law, and the Participant shall be barred from recovering any compensation from Mohawk. In the event that the Panel determines the alleged injury did not arise from a hazard/risk inherent in skiing, the Panel may, at its discretion, allow for additional discovery and evidence, and then it shall decide any remaining issues on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractmerits.
Appears in 3 contracts
Sources: Rental Agreement, Rental Agreement, Rental Agreement
Arbitration. Except where otherwise provided for All appeals from determinations by the EB Committee as described in the Contractparagraph (b) above, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereofUnits Damages Dispute, shall be referred fully and finally settled by arbitration administered by the American Arbitration Association (“AAA”) on an individual basis (and not on a collective or class action basis) before a single arbitrator pursuant to the sole AAA’s Commercial Arbitration Rules in effect at the time any such arbitration is initiated. Any such arbitration must be initiated in writing pursuant to the aforesaid rules of the Chairman & Managing Director AAA no later than one year from the date that the claim accrues, except where a longer limitations period is required by applicable law. Decisions about the applicability of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed limitations period contained herein shall be made by the Chairman & Managing Director, willing to act as such arbitrator. There will A copy of the AAA’s Commercial Arbitration Rules may be no objection if obtained from Human Resources. The Participant agrees that the arbitrator so appointed is an employee arbitration shall be held at the office of Uranium Corporation the AAA nearest the place of India Limitedthe Participant’s most recent employment by the Company or a Related Company, Jaduguda and that he had unless the parties agree in writing to deal with a different location. All claims by the matters to which Company or a Related Company against the Contract relates and that in the course Participant, except for breaches of his duties as such he had expressed views on all or any of the matters Participant’s Obligations, may also be raised in such arbitration proceedings.
(i) The arbitrator shall have the authority to determine whether any dispute or differencesubmitted for arbitration hereunder is arbitrable. The arbitrator shall decide all issues submitted for arbitration according to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the ContractPlan, this Agreement (except for breaches of any of the Participant’s Obligations), existing Company policy, and applicable substantive New York State and U.S. federal law and shall have the authority to award any remedy or relief permitted by such laws. Such person The final decision of the EB Committee with respect to a Plan Dispute shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by upheld unless such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 decision was arbitrary or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the awardcapricious. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive conclusive, not subject to appeal, and binding all the parties and enforceable in any applicable court.
(ii) The Participant understands and agrees that, pursuant to this ContractAgreement, both the Participant and the Company or a Related Company waive any right to ▇▇▇ each other in a court of law or equity, to have a trial by jury, or to resolve disputes on a collective, or class, basis (except for breaches of any of the Participant’s Obligations), and that the sole forum available for the resolution of Units Award Disputes and Units Damages Disputes is arbitration as provided in this paragraph 25. If an arbitrator or court finds that the arbitration provisions of this Agreement are not enforceable, both Participant and the Company or a Related Company understand and agree to waive their right to trial by jury of any Units Award Dispute or Units Damages Dispute. This dispute resolution procedure shall not prevent either the Participant or the Company or a Related Company from commencing an action in any court of competent jurisdiction for the purpose of obtaining injunctive relief to prevent irreparable harm pending and in aid of arbitration hereunder; in such event, both the Participant and the Company or a Related Company agree that the party who commences the action may proceed without necessity of posting a bond.
(iii) In consideration of the Participant’s agreement in paragraph (ii) above, the Company or a Related Company will pay all filing, administrative and arbitrator’s fees incurred in connection with the arbitration proceedings. If the AAA requires the Participant to pay the initial filing fee, the Company or a Related Company will reimburse the Participant for that fee. All other fees incurred in connection with the arbitration proceedings, including but not limited to each party’s attorney’s fees, will be the responsibility of such party.
(iv) The parties intend that the arbitration procedure to which they hereby agree shall be the exclusive means for resolving all Units Award Disputes (subject to the mandatory EB Committee procedure provided for in paragraph 25(b) above) and Units Damages Disputes. Their agreement in this regard shall be interpreted as broadly and inclusively as reason permits to realize that intent.
(v) The Federal Arbitration Act (“FAA”) shall govern the enforceability of this paragraph 25. If for any reason the FAA is held not to apply, or if application of the FAA requires consideration of state law in any dispute arising under this Agreement or subject to this dispute resolution provision, the laws of the State of New York shall apply without giving effect to the conflicts of laws provisions thereof.
(vi) To the extent an arbitrator determines that the Participant was not terminated for Cause and is entitled to the RSUs or any other benefits under the Plan pursuant to the provisions applicable to an involuntary termination without Cause, the Participant’s obligation to execute a release satisfactory to Verizon as provided under paragraph 7(b)(2) shall remain applicable in order to receive the benefit of any RSUs pursuant to this Agreement.
Appears in 3 contracts
Sources: Restricted Stock Unit Agreement, Restricted Stock Unit Agreement (Verizon Communications Inc), Restricted Stock Unit Agreement (Verizon Communications Inc)
Arbitration. Except where otherwise provided for a. All disputes under this Agreement shall be settled by arbitration in the ContractMiami, all questions and disputes relating Florida, before a single arbitrator pursuant to the meaning employment rules of arbitration (the “AAA Rules”) of the specifications, designs, drawings and instructions herein before mentioned and as American Arbitration Association (the “AAA”). Arbitration may be commenced at any time by any party hereto giving written notice (the “Arbitration Notice”) to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be party that such dispute has been referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or differenceunder this Section 7. The arbitrator to whom shall be selected by the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation joint agreement of the office of inability to actCorporation and Officer, shall appoint another person to act as arbitrator in accordance with but if they do not so agree within 20 days after the terms date of the Contract. Such person giving of the Arbitration Notice, the selection shall be entitled made pursuant to proceed with the reference AAA Rules from the stage at which his predecessor left itpanels of arbitrators maintained by the AAA. It is also a terms of this Contract that no person other than a person appointed Any award rendered by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give be conclusive and binding upon the parties hereto and not subject to appeal; provided, however, that any such award shall be accompanied by a written opinion of the arbitrator giving the reasons for the award. Subject as aforesaid, This provision for arbitration shall be specifically enforceable by the provisions parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The expenses of the Arbitration Actarbitrator shall initially be shared equally by the parties; provided, 1940 however, that the arbitrator shall award to the prevailing party all fees and expenses (including, without limitation, attorneys’ fees and expenses and expenses of the arbitrator) incurred by such prevailing party in connection with the arbitration. The prevailing party shall also be entitled to recover from the non-prevailing party reasonable attorneys’ fees (including, without limitation, all such fees, costs and expenses incident to appellate, bankruptcy and post-judgment proceedings) incurred as a result of any judicial proceedings relating to the specific enforcement of this Section 7 or judgment upon the award rendered by the arbitrator hereunder, in addition to any statutory modification or re-enactment thereof other relief to which the prevailing party may be entitled. For purposes of this Section 7, “attorneys’ fees” shall include, without limitation, paralegal fees, investigative fees, administrative costs and all other charges billed by the rules made there under and for attorney to the prevailing party.
b. Notwithstanding subsection a. of this Section 7, to the extent that arbitration of a dispute hereunder is not legally permitted such that the parties to such dispute are prohibited at the time being of such dispute from mutually agreeing to submit such dispute to arbitration, either party may commence a civil action in force, shall apply the arbitration proceeding under this clause. It is a term court of the Contract that the party invoking arbitration shall specify the dispute or disputes appropriate jurisdiction to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each resolve such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration The prevailing party in respect of any claim(s) in writing within 90 days of receiving the intimation such proceedings shall be entitled to recover from the Corporation non-prevailing party reasonable attorneys’ fees (including, without limitation, all such fees, costs and expenses incident to appellate, bankruptcy and post-judgment proceedings) incurred in that the bill is ready for acceptance of the Contractoraction or proceeding, the claim of the Contractor will in addition to any other relief to which such party may be deemed to have been waived and absolutely barred and the company entitled.
c. Nothing contained in this Section 7 shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of prevent the parties enlarge the from settling any dispute by mutual agreement at any time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contract.
Appears in 3 contracts
Sources: Change in Control Agreement (Bankunited Financial Corp), Change in Control Agreement (Bankunited Financial Corp), Change in Control Agreement (Bankunited Financial Corp)
Arbitration. Except where otherwise provided for in (a) If the Contract, all questions and disputes relating parties are unable to resolve any dispute arising under this Agreement within sixty (60) days following the date one party sent written notice of the Dispute to the meaning of the specificationsother party, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if either party wishes to pursue the Chairman and Managing Director is unable or unwilling dispute, it shall thereafter be submitted to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator binding arbitration in accordance with the terms Commercial Dispute Procedures of the ContractAmerican Arbitration Association, as they may be amended from time to time (see ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇). Such person Unless otherwise agreed to in writing by the parties, the party wishing to pursue the dispute must initiate the arbitration within one (1) year after the date on which notice of the dispute was given or shall be entitled deemed to proceed with have waived its right to pursue the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for dispute in any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousandforum.
(b) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the Any arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company Agreement shall be discharged and released of all liabilities under the Contract conducted in respect of these claimsRhode Island. The arbitrator(s) may from time construe or interpret but shall not vary or ignore the terms of this Agreement and shall be bound by controlling law. The arbitrator(s) shall have no authority to time award punitive, exemplary, indirect or special damages, except in connection with consent a statutory claim that explicitly provides for such relief.
(c) The parties expressly intend that any dispute relating to the business relationship between them be resolved on an individual basis so that no other dispute with any third party(ies) may be consolidated or joined with the dispute related to this Agreement. The parties agree that any arbitration ruling by an arbitrator allowing class action arbitration or requiring consolidated arbitration involving any third party(ies) would be contrary to their intent and would require immediate judicial review of the parties enlarge the time, for making and publishing the award. such ruling.
(d) The decision of the Engineer-in-charge regarding arbitrator(s) on the quantum of reduction as well as justification thereof points in respect of rates for substandard workdispute will be binding, which and judgment on the award may be decided to be accepted, will be final and would not be open to entered in any court having jurisdiction thereof. The parties acknowledge that because this Agreement affects interstate commerce the Federal Arbitration Act applies.
(e) In the event any court determines that this arbitration. The arbitrator shall be deemed procedure is not binding or otherwise allows litigation involving a dispute to have entered on the reference on the date he issues notice to both proceed, the parties fixing hereby waive any and all right to trial by jury in, or with respect to, such litigation. Such litigation would instead proceed with the date judge as the finder of fact. This Section shall govern any dispute between the parties arising before or after execution of this Agreement and shall survive any termination of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractAgreement.
Appears in 3 contracts
Sources: Health Services Agreement, Health Services Agreement, Health Services Agreement
Arbitration. Except where otherwise provided for (A) Any dispute or disagreement arising between the Parties in connection with any interpretation of any provision of the Contract, all questions and disputes relating to or the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship compliance or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksnon-compliance therewith, or the execution validity or failure enforceability thereof, or any other dispute under any Article hereof which is not settled to execute the same, whether arising during the progress mutual satisfaction of the work Parties within thirty (30) Days (or after such longer period as may be mutually agreed) from the completion date that either Party informs the other in writing that such dispute or abandonment thereofdisagreement exists, shall be referred to settled by arbitration administered by the sole American Arbitration Association under its Commercial Arbitration Rules and the Supplementary Procedures for Large, Complex Disputes in effect on the date that such notice is given, except as otherwise specified herein.
(B) The Party which demands arbitration of the Chairman & Managing Director controversy shall in writing specify the matter to be submitted to arbitration, and at the same time, choose and nominate an arbitrator; thereupon, within fifteen (15) Days after receipt of Uranium Corporation such written notice, the other Party shall in writing choose and nominate a second arbitrator. The two arbitrators so chosen shall forthwith select a third arbitrator, giving written notice to both Parties of India Limitedthe choice so made and fixing a time and place in New York City, Jaduguda at which both Parties may appear and be heard with respect to such controversy. In case the two arbitrators shall fail to agree upon a third arbitrator within a period of seven (7) Days, or if for any other reason there shall be a lapse in the Chairman and Managing Director is unable naming of an arbitrator or unwilling arbitrators, or in the filling of a vacancy, or in the failure or refusal of any arbitrator or arbitrators to act attend or fulfill his or their duties, then upon application by either Party to the sole arbitrationcontroversy, of some other person appointed arbitrators shall be named by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator American Arbitration Association in accordance with its Arbitration Rules. The arbitrators shall control discovery as they shall determine is appropriate in the circumstances, taking into account the needs of the Parties and the desirability of having the discovery take place in an expeditious and cost-effective manner. Any discovery shall be limited to information directly relevant to the controversy or claim in arbitration and shall be concluded within ninety (90) Days after the arbitrators are appointed, unless good cause for an extension of such deadline is shown.
(C) The arbitrators shall not alter or modify the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms and conditions of this Contract that no person other than but shall consider the pertinent facts and circumstances and be guided by the terms and conditions of this Contract. If a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that solution is not possiblefound in the terms and conditions of this Contract, the matter is not to arbitrators shall be referred to arbitration at all. In all cases where guided by the amount substantive laws of the claim in dispute is RsState of New York, excluding all conflict of law rules. 50,000/-(Rupees Fifty Thousand) The arbitration award made shall be final and abovebinding upon the Parties, their successors and assignees, and judgment may be entered thereon, upon the application of either Party, by any court having jurisdiction. Each Party shall bear the cost of preparing and presenting its case including its own attorneys’ fees; and the cost of arbitration, including the fees and expenses of the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be acceptedarbitrators, will be final and would not be open to arbitration. shared equally by the Parties.
(D) The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as relief that may be fixed awarded by the Arbitrator, arbitrators under any arbitration arising from this Contract may not exceed actual compensatory damages. In no event may the arbitrators award punitive damages or otherwise disregard the limitations of liability set forth in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contract.
Appears in 3 contracts
Sources: Contract for the Construction of the Globalstar Satellite (Globalstar, Inc.), Contract for the Construction of the Globalstar Satellite (Globalstar, Inc.), Construction Contract (Globalstar, Inc.)
Arbitration. Except where otherwise provided 1. On the written demand of either party there shall be submitted to arbitration (the procedure for in the Contract, which is set forth below) all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating the application of this Agreement, provided, however, that nothing in this Agreement shall obligate the Employer to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arbitrate any issue arising during the progress out of the Employer’s sole responsibility to determine the size and composition of its staff, assignment or reassignment, promotion or demotion of personnel, including correspondents, within the Employer’s office or offices in the same city or town as long as the employee’s salary and classification are not changed; provided further, however, this does not preclude arbitration of disputes which may arise under Article 8 insofar as that article relates to “no imposition of any unreasonable amount or type of work on any employee,” or under Article 6, Section 3.
2. No grievance or dispute may be submitted to arbitration more than 45 days after the completion or abandonment thereofwritten notice of denial on the national grievance level (as described in Article 4, Section 4). In no case, however (rules of the American Arbitration Association notwithstanding), shall an arbitrator be referred appointed to rule on the sole arbitration issue of arbitrability of any matter arising out of the Chairman & Managing Director application of Uranium Corporation of India Limited, Jaduguda and this Agreement if the Chairman and Managing Director demand for arbitration is unable or unwilling to act to filed after the sole arbitrationabove time limit is expired. This time limit may be extended by mutual consent.
3. In the event either party raises an issue of arbitrability, of some other person appointed by excepting the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that stipulation in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms Section 2 of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and abovearticle, the arbitrator appointed shall give reasons for first rule on the award. Subject as aforesaid, arbitrability issue before proceeding to determine the provisions merits of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and dispute if he/she determines the rules made there under and for the time being in force, shall apply the arbitration proceeding issue to be arbitrable.
4. A grievance under this clause. It is a term article shall be submitted for arbitration only by written notice from the complaining party setting forth the grounds of the Contract that the party invoking complaint. Such arbitration shall specify be conducted according to the dispute or disputes to be referred to voluntary labor arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term rules of the Contract that if American Arbitration Association, excepting the Contractor does not make any demand for arbitration stipulations in respect Sections 2 and 3 of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the awardthis article. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof arbitrator in respect of rates for substandard work, which may be decided to be accepted, will any such arbitration shall be final and would not binding, and the expenses of such arbitration shall be open borne equally by the parties, except that no party shall be obligated to arbitrationpay any part of the cost of a stenographic transcript without express consent.
5. All arbitration demands shall be filed with and administered by the New York City office of the American Arbitration Association. The arbitrator Association shall provide the parties with a panel of qualified arbitrators from that location and office. After discussion, the parties shall determine the most appropriate and efficient location for the hearing. In the absence of agreement, the hearing shall be deemed to have entered on conducted in the reference on city that serves as the date he issues notice to both control bureau for the parties fixing location where the date grievance arose. Any subsequent days of the first hearing. The venue of Arbitration hearing shall be such place as may be fixed conducted on an alternating basis between the location preferred by the Arbitrator, in his sole discretion. The award of Guild and the Arbitrator shall be final, conclusive and binding all location preferred by the parties to this ContractEmployer.
Appears in 3 contracts
Sources: Technology Unit Agreement, Editorial Unit Agreement, Editorial Unit Agreement
Arbitration. Except where otherwise (a) In the event the answer at Step Two of the Grievance Procedure does not resolve the grievance, the Union may appeal the grievance to arbitration by filing a Demand for Arbitration with the American Arbitration Association no later than thirty (30) calendar days after the Union's Chief ▇▇▇▇▇▇▇ or ▇▇▇▇▇▇▇ receives the Employer's answer at Step Two. Concurrent notification of such appeal shall be provided for in the Contract, all questions and disputes relating to the meaning County's Human Resources Director. Notification to the County's Human Resources Director shall be subject to the same time limitations set forth for filing with the American Arbitration Association and shall include a copy of the specifications, designs, drawings Union's Demand for Arbitration and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress identification of the work or after grievance, the completion or abandonment thereof, shall be referred to issue(s) and the sole arbitration provisions of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if Agreement involved. If the Chairman and Managing Director grievance is unable or unwilling not submitted to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator Arbitration in accordance with the terms procedure and time limits herein provided, the Step Two disposition of the Contract. Such person grievance shall be entitled to proceed final. Selection of the arbitrator and the arbitration hearing shall be governed by the Voluntary Labor Arbitration Rules of the American Arbitration Association in effect at the time the Union's Demand for Arbitration is filed with the reference Association. The arbitrator shall have the authority to issue a subpoena for a witness to attend the arbitration hearing. Grievances shall be arbitrated separately unless otherwise agreed in writing between the Employer and the Union. The fees and approved expenses of the arbitrator shall be shared equally by the Union and the Employer. Each party shall be responsible for compensating its own representatives and witnesses. The cost (if any) of any room or other facility needed for the arbitration shall be shared equally by the Employer and the Union. All hearings shall be held at a mutually agreeable site. Employee witnesses, except the grievant and Chief ▇▇▇▇▇▇▇ or ▇▇▇▇▇▇▇, who are scheduled to work on the day of an arbitration hearing, shall be excused from work only to testify and shall return to work immediately thereafter. The grievant(s) and the stage at which his predecessor left itChief ▇▇▇▇▇▇▇ or ▇▇▇▇▇▇▇ shall be excused from work to attend the entire arbitration hearing and shall return to work immediately thereafter. It is also a The arbitrator shall have authority to hear and determine any grievance involving the application or interpretation of the express terms or conditions of this Contract that no person other than a person appointed by such Chairman & Managing DirectorAgreement, as aforesaid should act as arbitrator provided the grievance has been processed timely through the Grievance Procedure and if for any reason, that is not possible, the matter is not to be referred to arbitration at allproperly before him. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and abovefulfilling his duties under this Agreement, the arbitrator shall give reasons for have authority to apply and interpret the awardexpress terms or conditions of this Agreement but shall not have the authority to add to, subtract from, or modify this Agreement or resolve any dispute under any section of this Agreement which is expressly excluded from arbitration, or imply a provision which is not otherwise specifically provided herein. Subject as aforesaidIf the arbitrator issues his decision within his jurisdiction, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will arbitrator shall be final and binding upon the employee(s), the Union, and the Employer. No claim for back wages shall exceed the amount of wages the employee would otherwise have earned at his base rate as set forth in Appendix A, less any unemployment or other money including any compensation he may have received from any source of employment (not previously approved in writing as supplemental employment by the Employer) during the period in question.
(b) Grievances processed to arbitration may be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date withdrawn only upon written agreement of the first hearing. The venue of Arbitration shall be such place as may be fixed by Employer and the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractUnion.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Arbitration. Except where otherwise provided for (a) Any dispute or controversy arising under or in connection with this Agreement or Executive's employment relationship with Company, irrespective of whether this Agreement or Executive's employment relationship with Company has terminated, will be settled exclusively by binding arbitration to be held in the Contract, all questions metropolitan area in which Executive is then employed and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator conducted in accordance with the terms National Rules for the Resolution of Employment Disputes of the ContractAmerican Arbitration Association ("AAA"), or the corresponding rules of such other entity as may be mutually agreed upon by the parties, as then in effect.
(b) After either party submits a request for arbitration, AAA or such other entity mutually agreed upon by the parties (either, hereinafter referred to as the "ADR Entity"), the ADR Entity will be requested to appoint a single, neutral arbitrator from a panel of former or retired judges, within ten business days after such request, to preside over the arbitration and resolve the dispute. Such person The parties agree to raise any objections to such appointment within ten business days after it is made and to limit those objections to the arbitrator's actual conflict of interest. The ADR Entity, in its sole discretion, will determine within ten business days the validity of any objection to the appointment of the arbitrator based on the arbitrator's actual conflict of interest. The arbitrator will be directed to render a full decision on all issues properly before the arbitrator within 60 days after being appointed to serve as arbitrator, unless the parties otherwise agree in writing or the arbitrator makes a finding that a party has carried the burden of showing good cause for a longer period.
(c) The parties will use their best efforts to cooperate with each other in causing the arbitration to be held in as efficient and expeditious a manner as practicable, including but not limited to, providing such documents and making available such of their personnel and agents as the arbitrator may request. The parties direct the arbitrator to take into account their stated goal of expedited proceedings in determining whether to authorize discovery and, if so, the scope of permissible discovery and other hearing and pre-hearing procedures.
(d) The arbitrator will not have the authority to add to, detract from or modify any provision of this Agreement or to award punitive damages to any injured party. Judgment may be entered on the arbitrator's award in any court having jurisdiction. Company will bear all expenses of any such arbitration proceeding, except that each party will bear its own counsel fees unless the arbitrator decides to award counsel fees to one of the parties.
(e) Notwithstanding the foregoing, each party shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person seek injunctive or other than a person appointed by such Chairman & Managing Directorequitable relief, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousandcontemplated by SECTION 12(F) and above, from any court of competent jurisdiction, without the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes need to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open resort to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contract.
Appears in 3 contracts
Sources: Employment Agreement (Fti Consulting Inc), Employment Agreement (Fti Consulting Inc), Employment Agreement (Fti Consulting Inc)
Arbitration. Except where otherwise provided as set forth in Section 3.1, any disputes arising under or in connection with this Agreement, including, without limitation, those involving claims for in specific performance or other equitable relief, will be submitted to binding arbitration under the Contract, all questions and disputes relating to the meaning Commercial Arbitration Rules of the specificationsAmerican Arbitration Association (the "AAA Rules") under the authority of federal and state arbitration statutes, designs, drawings and instructions herein before mentioned and as to shall not be the quality subject of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever litigation in any way arising out of or relating to forum. EXCEPT AS SET FORTH IN SECTION 3.1, EACH PARTY, BY SIGNING THIS AGREEMENT, VOLUNTARILY, KNOWINGLY AND INTELLIGENTLY WAIVES ANY RIGHTS SUCH PARTY MAY OTHERWISE HAVE TO SEEK REMEDIES IN COURT OR OTHER FORUMS, INCLUDING THE RIGHT TO JURY TRIAL. The arbitration will be conducted only in Denver, Colorado, before a single arbitrator from the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress staff of the work or after the completion or abandonment thereofJudicial Arbiter Group, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed Inc. ("JAG") selected by the Chairman & Managing Directorparties to such arbitration (or, willing to act as such arbitrator. There will be if JAG is no objection if longer in existence, before a single arbitrator selected by the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator parties in accordance with the terms AAA Rules) or, if they are unable to agree on an arbitrator, before a panel of three arbitrators selected from the Contract. Such person shall be entitled to proceed staff of JAG (or, if JAG is no longer in existence, before a panel of three arbitrators selected in accordance with the reference from AAA Rules), one selected by the stage at which his predecessor left itEmployee, one selected by the Employer and the third selected by the other two arbitrators. It is also a The arbitrators shall have full authority to order specific performance and award damages and other relief available under this Agreement or applicable law, but shall have no authority to add to, detract from, change or amend the terms of this Contract that no person other than a person appointed Agreement (except as otherwise contemplated by such Chairman & Managing DirectorSection 3.5) or existing law. All arbitration proceedings, as aforesaid should act as arbitrator including settlements and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in forceawards, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the awardconfidential. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, arbitrators will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered binding, and judgment on the reference on award by the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as arbitrators may be fixed by the Arbitrator, entered in his sole discretionany court of competent jurisdiction. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractTHIS SUBMISSION AND AGREEMENT TO ARBITRATE WILL BE SPECIFICALLY ENFORCEABLE.
Appears in 3 contracts
Sources: Nonqualified Stock Option Agreement (Rentx Industries Inc), Nonqualified Stock Option Agreement (Rentx Industries Inc), Nonqualified Stock Option Agreement (Rentx Industries Inc)
Arbitration. Except where otherwise provided for in If the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in parties have not resolved a dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving after written notice beginning mediation (or a longer period, if the intimation from parties agree to extend the Corporation that the bill is ready for acceptance of the Contractormediation), the claim of mediation shall terminate and the Contractor will dispute shall be deemed settled by arbitration. In addition, if a party initiates litigation, arbitration, or other binding dispute resolution process without initiating mediation, or before the mediation process has terminated, an opposing party may deem the mediation requirement to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time proceed with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall arbitration will be deemed to have entered on conducted in accordance with the reference on procedures contained in this document and the date he issues notice to both arbitration rules established by the parties fixing “Centro” and effective as of the date of the first hearingengagement letter. In the event of a conflict, the provisions of this document will control. The venue arbitration will be conducted before a panel of Arbitration three arbitrators, notwithstanding the importance of the dispute, to be appointed as established by the “Centro”. Any issue concerning the dispute or the applicability, interpretation or enforceability of any of these procedures, including any dispute concerning whether all or part of these procedures are not valid or enforceable, shall be such place as resolved by the arbitrators. No potential arbitrator may be fixed appointed unless he or she had agreed in writing to be bound and comply with these procedures. The arbitration panel shall have no power to award non-monetary or equitable relief of any sort. They shall have no power to award punitive damages or any other damages exceeding the actual direct damages that affected the party in favor of whom the award was issued, and the parties expressly waive their right to obtain such damages in arbitration or in any other forum. In no event, even if any other portion of these provisions is held to be invalid or unenforceable, shall the arbitrators have power to grant an award or impose a remedy that could not be granted or imposed by a court deciding on the matter in the same jurisdiction. Neither party shall be allowed to reveal any information related to the arbitration process, unless expressly authorized by the Arbitrator, in his sole discretion. The award arbitration panel when the party requesting such disclosure of the Arbitrator shall be final, conclusive and binding all the parties information demonstrates substantial need to this Contractdo so.
Appears in 3 contracts
Sources: Terms of Use, Terms of Use, Terms of Use
Arbitration. Except where otherwise provided for If any dispute or controversy arises under or in connection with this Agreement, is not resolved within a commercially reasonable time not to exceed sixty (60) days, then such dispute or controversy shall be settled exclusively by arbitration, conducted before a single neutral arbitrator at a location mutually agreed between the Contract, all questions Company and disputes relating to Executive within the meaning state of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as Company’s headquarters at such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator time in accordance with the terms Employment Arbitration Rules & Procedures of JAMS (“JAMS”) then in effect, in accordance with this Section 13(h), except as otherwise prohibited by any nonwaivable provision of applicable law or regulation. The parties hereby agree that the Contractarbitrator shall construe, interpret and enforce this Agreement in accordance with its express terms, and otherwise in accordance with the governing law as set forth in Section 13(a). Such person Judgment may be entered on the arbitration award in any court having jurisdiction, provided, however, that the either Party shall be entitled to proceed with seek a restraining order or injunction in any court of competent jurisdiction to prevent any continuation of any violation of the reference from the stage at which his predecessor left it. It is also a terms provisions of this Contract Agreement and Executive hereby consents that such restraining order or injunction may be granted without requiring the other Party to post a bond. Unless the parties otherwise agree, only individuals who are on the JAMS register of arbitrators shall be selected as an arbitrator. Additionally, except upon showing of cause each party shall have the right to propound no person more than 10 special interrogatories and requests for admission, and to take the deposition of one individual and any expert witness designated by the other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at allparty. In all cases where the amount Within 20 days of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and aboveconclusion of the arbitration hearing, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions prepare written findings of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof fact and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clauseconclusions of law. It is a term of the Contract mutually agreed that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The written decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard workarbitrator shall be valid, which may be decided to be acceptedbinding, will be final and would not enforceable by any court of competent jurisdiction. In the event action is brought pursuant to this Section 13(h), the arbitrator shall have authority to award fees and costs to the prevailing party, in accordance with applicable law. If in the opinion of the arbitrator there is no prevailing party, then each party shall pay its own attorney’s fees and expenses. Both Executive and the Company expressly waive their right to a jury trial. Nothing in this subsection shall be open construed as precluding the bringing of an action for injunctive relief or specific performance as provided in this Agreement. This dispute resolution process and any arbitration hereunder shall be confidential and neither any Party nor the arbitrator shall disclose the existence, contents or results of such process without the prior written consent of all Parties, except where necessary or compelled in a Court to enforce this arbitration provision or an award from such arbitration or otherwise in a legal proceeding. Notwithstanding the foregoing, Executive and the Company each have the right to resolve any issue or dispute over intellectual property rights by Court action instead of arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date Company may also enjoin by Court action any breach of the first hearing. The venue of Arbitration shall be such place Sections 5-6 or 7 as may be fixed permitted by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractSection 8.
Appears in 3 contracts
Sources: Employment Agreement (DENTSPLY SIRONA Inc.), Employment Agreement (Dentsply International Inc /De/), Employment Agreement (Sirona Dental Systems, Inc.)
Arbitration. Except where otherwise provided for The parties shall endeavor to settle all disputes by amicable negotiations. Any claim, dispute, disagreement or controversy that arises among the parties relating to this Agreement that is not amicably settled shall be resolved by arbitration, as follows:
(a) Any such arbitration shall be heard in the ContractDistrict of Columbia, all questions before a panel consisting of one arbitrator, who shall be impartial. Except as the parties may otherwise agree, the arbitrator shall be appointed in the first instance by the appropriate official in the District of Columbia office of the American Arbitration Association or, in the event of his or her unavailability by reason of disqualification or otherwise, by the appropriate official in the New York City office of the American Arbitration Association. In determining the number and disputes relating appropriate background of the arbitrator, the appointing authority shall give due consideration to the meaning of the specificationsissues to be resolved, designs, drawings and instructions herein before mentioned and but his or her decision as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress identity of the work or after the completion or abandonment thereof, arbitrator shall be referred to the sole arbitration final. Except as otherwise provided in this Section 12, all of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will arbitration proceedings shall be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator conducted in accordance with the terms rules of the Contractarbitrator.
(b) An arbitration may be commenced by any party to this Agreement by the service of a written request for arbitration upon the other affected parties. Such person request for arbitration shall summarize the controversy or claim to be arbitrated, and shall be referred by the complaining party to the appointing authority for appointment of arbitrator ten days following such service or thereafter. If the arbitrator is not appointed by the appointing authority within 30 days following such reference, any party may apply to any court within the District of Columbia for an order appointing an arbitrator qualified as set forth below.
(c) The prevailing party in any arbitration under this Section 12 shall be entitled to proceed with the reference reimbursement from the stage at which his predecessor left itlosing party of all reasonable attorneys’ fees and costs in connection with such arbitration. The parties hereby expressly waive punitive damages, and under no circumstances shall an award contain any amount that in any way reflects punitive damages.
(d) Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
(e) It is also a terms of this Contract intended that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 controversies or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred claims submitted to arbitration under this Section 12 shall remain confidential, and to that end it is agreed by the clause together with parties that neither the amount for amounts claimed facts disclosed in respect of each such dispute. It is also a term of the Contract that if arbitration, the Contractor does not make any demand for arbitration in respect issues arbitrated, nor the views or opinions of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractorpersons concerning them, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time disclosed to time with consent of the parties enlarge the third persons at any time, for making and publishing except to the award. The decision of the Engineer-in-charge regarding the quantum of reduction extent necessary to enforce an award or judgment or as well as justification thereof required by law or in respect of rates for substandard work, which may be decided response to be accepted, will be final and would not be open to legal process or in connection with such arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contract.
Appears in 3 contracts
Sources: Employment Agreement (Advisory Board Co), Employment Agreement (Advisory Board Co), Employment Agreement (Advisory Board Co)
Arbitration. Except where otherwise provided for If the Senior Managements are not able to resolve such dispute referred to them under Section 11.2 within such [***] day period, then such dispute shall be resolved by final and binding arbitration as follows: The Parties shall select a mutually agreeable arbitrator who has significant relevant experience in the Contract, all questions and disputes relating to the meaning subject matter of the specifications, designs, drawings disputed issue and instructions herein before mentioned and as to no affiliation or pre-existing relationship with either Party. If the quality of workmanship or materials used Parties cannot agree on an arbitrator within [***] days after the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress end of the work [***] day period referred in Section 11.2 (or with respect to a Disputed Matter described in Section 11.4, after referral by a Party of such Disputed Matter to arbitration), either Party may request the completion or abandonment thereofJudicial and Mediation Services (“JAMS”) in San Francisco, shall be referred CA to the sole arbitration appoint an arbitrator on behalf of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator Parties in accordance with the terms commercial arbitration rules of JAMS, and the Contract. Such person proceeding shall be entitled conducted in accordance with JAMS rules. The arbitrator may decide any issue as to proceed with whether, or as to the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Directorextent to which, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rssubject to the arbitration and other dispute resolution provisions in this Supply Agreement. 50,000/-(Rupees Fifty Thousand) and above, The arbitrator must base the arbitrator shall give reasons for the award. Subject as aforesaid, award on the provisions of this Supply Agreement and must render the Arbitration Actaward in a writing which must include an explanation of the reasons for such award. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. The arbitrator’s fees and expenses shall be shared equally by the Parties, 1940 unless the arbitrator in the award assesses such fees and expenses against one of the Parties or allocates such fees and expenses other than equally between the Parties. Each Party shall bear and pay its own expenses incurred in connection with any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding dispute resolution under this clauseSection 11.3. It Notwithstanding the foregoing, either Party shall have the right, without waiving any right or remedy available to such Party under this Supply Agreement or otherwise, to seek and obtain from any court of competent jurisdiction any interim or provisional relief that is a term necessary or desirable to protect the rights or property of such Party, pending the selection of the Contract that arbitrator hereunder or pending the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The arbitrator’s decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open dispute subject to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contract.
Appears in 3 contracts
Sources: Supply Agreement (Vaxcyte, Inc.), Supply Agreement (Vaxcyte, Inc.), Supply Agreement (SutroVax, Inc.)
Arbitration. Except where otherwise provided for If a dispute arises out of or relates to this Agreement, or the breach thereof, and if said dispute cannot be settled through negotiation, the Parties agree first to try in good faith to settle the Contractdispute by mediation under the Commercial Mediation Rules of the American Arbitration Association, all questions and disputes before resorting to arbitration, litigation, or some other dispute resolution procedure as required by this (S) 9(N). Failing an adequate resolution by mediation, any controversy or claim arising out of or relating to this Agreement or the meaning of the specificationstransactions contemplated hereby, designs, drawings and instructions herein before mentioned and as to the quality of workmanship including any controversy or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way claim arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure Parties' decision to execute the same, whether arising during the progress of the work or after the completion or abandonment thereofenter into this Agreement, shall be referred settled by binding arbitration. There shall be one arbitrator to be mutually agreed upon by the sole arbitration Parties involved in the controversy and to be selected from the National Panel of Commercial Arbitrators (or successor panel, if any). If within 45 days after service of the Chairman & Managing Director of Uranium Corporation of India Limiteddemand for arbitration the Parties are unable to agree upon such an arbitrator who is willing to serve, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person then an arbitrator shall be appointed by the Chairman & Managing DirectorAmerican Arbitration Association in accordance with its rules. Except as specifically provided in this (S) 9(N), willing to act as such arbitrator. There will the arbitration shall be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator conducted in accordance with the terms Commercial Arbitration Rules of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the American Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitrationAssociation. The arbitrator shall not render an award of punitive damages. Any arbitration hereunder shall be deemed held in Orange County, California. Expenses related to have entered on the reference on arbitration, including counsel fees, shall be borne by the date he issues notice Party incurring such expenses except to both the parties fixing the date extent otherwise provided herein. The fees of the first hearingarbitrator and of the American Arbitration Association, if any, shall be divided equally among the Parties involved in the controversy. Judgment upon the award rendered by the arbitrator (which may, if deemed appropriate by the arbitrator, include equitable or mandatory relief with respect to performance of obligations hereunder) may be entered in any court of competent jurisdiction. The venue arbitrator shall award the prevailing Party in any arbitration proceeding recovery of Arbitration shall be such place as may be fixed by its attorneys' fees and other costs in connection with the Arbitrator, in his sole discretion. The award of arbitration from the Arbitrator shall be final, conclusive and binding all the parties to this Contractnon-prevailing Party.
Appears in 3 contracts
Sources: Stock Purchase Agreement (Us Legal Support Inc), Stock Purchase Agreement (Us Legal Support Inc), Stock Purchase Agreement (Us Legal Support Inc)
Arbitration. Except where otherwise provided for in the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship Employee shall submit any dispute or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way claim arising out of from or relating to the ContractAgreement that cannot be resolved to mandatory and binding arbitration administered by the American Arbitration Association (“AAA”) to be held in Houston, designsTexas, drawingsU.S.A., specifications, estimates, instructions, orders or these conditions or except as otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, required by law. The arbitration shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the ContractPlan and the Commercial Arbitration Procedures of the AAA (the “Rules”). Such person The arbitration shall be conducted before a panel of three (3) arbitrators from the AAA National Roster of approved arbitrators who each have at least fifteen (15) years of employment law experience, of which each of the parties shall select one and the third of which shall be mutually selected by the two (2) arbitrators; provided, that if the two (2) arbitrators are unable to agree to the selection of the third arbitrator within a period of fifteen (15) days following the date in which the two (2) arbitrators are selected by the parties pursuant to this Section, the third arbitrator shall instead be selected by the AAA pursuant to the Rules. Each party in such an arbitration proceeding shall be responsible for the costs and expenses incurred by such party in connection therewith (including attorneys’ fees) which shall not be subject to recovery from the other party in the arbitration except that any and all charges that may be made for the cost of the arbitration and the fees of the arbitrators which shall in all circumstances be paid by the Company. Any court having jurisdiction may enter a judgment upon the award rendered by the arbitrator. In the event of litigation to enforce an arbitration award in connection with or concerning the subject matter of this Agreement, the prevailing party shall be entitled to proceed with the reference recover from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed non-prevailing party all reasonable out-of-pocket costs and disbursements incurred by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at allparty in connection therewith (including reasonable attorneys’ fees). In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, Notwithstanding the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the ContractorSection 7, the claim Company may, if it so chooses, bring an action in any court of the Contractor will be deemed competent jurisdiction for injunctive relief to have been waived and absolutely barred and the company shall be discharged and released of all liabilities enforce Employee’s obligations under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractSection 5.
Appears in 3 contracts
Sources: Employment Agreement (Superior Energy Services Inc), Employment Agreement (Superior Energy Services Inc), Employment Agreement (Superior Energy Services Inc)
Arbitration. Except where otherwise provided for All appeals from determinations by the EB Committee as described in the Contractparagraph (b) above, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereofUnits Damages Dispute, shall be referred fully and finally settled by arbitration administered by the American Arbitration Association (“AAA”) on an individual basis (and not on a collective or class action basis) before a single arbitrator pursuant to the sole AAA’s Commercial Arbitration Rules in effect at the time any such arbitration is initiated. Any such arbitration must be initiated in writing pursuant to the aforesaid rules of the Chairman & Managing Director AAA no later than one year from the date that the claim accrues, except where a longer limitations period is required by applicable law. Decisions about the applicability of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed limitations period contained herein shall be made by the Chairman & Managing Director, willing to act as such arbitrator. There will A copy of the AAA’s Commercial Arbitration Rules may be no objection if obtained from Human Resources. The Participant agrees that the arbitrator so appointed is an employee arbitration shall be held at the office of Uranium Corporation the AAA nearest the place of India Limitedthe Participant’s most recent employment by the Company or a Related Company, Jaduguda and that he had unless the parties agree in writing to deal with a different location. All claims by the matters to which Company or a Related Company against the Contract relates and that in the course Participant, except for breaches of his duties as such he had expressed views on all or any of the matters Participant’s Obligations, may also be raised in such arbitration proceedings.
(i) The arbitrator shall have the authority to determine whether any dispute or differencesubmitted for arbitration hereunder is arbitrable. The arbitrator shall decide all issues submitted for arbitration according to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the ContractPlan, this Agreement (except for breaches of any of the Participant’s Obligations), existing Company policy, and applicable substantive New York State and U.S. federal law and shall have the authority to award any remedy or relief permitted by such laws. Such person The final decision of the EB Committee with respect to a Plan Dispute shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by upheld unless such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 decision was arbitrary or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the awardcapricious. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive conclusive, not subject to appeal, and binding all the parties and enforceable in any applicable court.
(ii) The Participant understands and agrees that, pursuant to this ContractAgreement, both the Participant and the Company or a Related Company waive any right to ▇▇▇ each other in a court of law or equity, to have a trial by jury, or to resolve disputes on a collective, or class, basis (except for breaches of any of the Participant’s Obligations), and that the sole forum available for the resolution of Units Award Disputes and Units Damages Disputes is arbitration as provided in this paragraph 25. If an arbitrator or court finds that the arbitration provisions of this Agreement are not enforceable, both Participant and the Company or a Related Company understand and agree to waive their right to trial by jury of any Units Award Dispute or Units Damages Dispute. This dispute resolution procedure shall not prevent either the Participant or the Company or a Related Company from commencing an action in any court of competent jurisdiction for the purpose of obtaining injunctive relief to prevent irreparable harm pending and in aid of arbitration hereunder; in such event, both the Participant and the Company or a Related Company agree that the party who commences the action may proceed without necessity of posting a bond.
(iii) In consideration of the Participant’s agreement in paragraph (ii) above, the Company or a Related Company will pay all filing, administrative and arbitrator’s fees incurred in connection with the arbitration proceedings. If the AAA requires the Participant to pay the initial filing fee, the Company or a Related Company will reimburse the Participant for that fee. All other fees incurred in connection with the arbitration proceedings, including but not limited to each party’s attorney’s fees, will be the responsibility of such party.
(iv) The parties intend that the arbitration procedure to which they hereby agree shall be the exclusive means for resolving all Units Award Disputes (subject to the mandatory EB Committee procedure provided for in paragraph 25(b) above) and Units Damages Disputes. Their agreement in this regard shall be interpreted as broadly and inclusively as reason permits to realize that intent.
(v) The Federal Arbitration Act (“FAA”) shall govern the enforceability of this paragraph 25. If for any reason the FAA is held not to apply, or if application of the FAA requires consideration of state law in any dispute arising under this Agreement or subject to this dispute resolution provision, the laws of the State of New York shall apply without giving effect to the conflicts of laws provisions thereof.
(vi) To the extent an arbitrator determines that the Participant was not terminated for Cause and is entitled to the PSUs or any other benefits under the Plan pursuant to the provisions applicable to an involuntary termination without Cause, the Participant’s obligation to execute a release satisfactory to Verizon as provided under paragraph 7(b)(2) shall remain applicable in order to receive the benefit of any PSUs pursuant to this Agreement.
Appears in 3 contracts
Sources: Performance Stock Unit Agreement, Performance Stock Unit Agreement (Verizon Communications Inc), Performance Stock Unit Agreement (Verizon Communications Inc)
Arbitration. Except where otherwise as provided for in Section 8 of this Agreement, any dispute arising between the ContractParties under this Agreement, all questions and disputes under any statute, regulation, or ordinance, under any other agreement between the Parties, and/or in way relating to my engagement by the meaning of the specificationsCompany (other than sexual harassment or sexual assault claims, designs, drawings and instructions herein before mentioned and as unless agreed to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereofby all parties), shall be referred submitted to binding arbitration before the sole American Arbitration Association (“AAA”) (or local arbitration body for disputes outside of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or differenceU.S.) for resolution. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, arbitration shall appoint another person to act as arbitrator be conducted in accordance with the terms AAA’s Employment Arbitration Rules, as modified herein, including, without limitation, the AAA Employment/Workplace Fee Schedule and Costs of Arbitration, as in effect from time-to-time (or the rules of the Contractlocal arbitration body for disputes outside of the U.S.). Such person The arbitration shall be entitled to proceed with conducted in the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Directorstate/jurisdiction where I work, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of unless the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided mutually agree to be accepted, will be final and would not be open to arbitrationanother location. The arbitrator shall be deemed to have entered apply the applicable state/local jurisdiction law, depending on the reference on the date he issues notice to both the parties fixing the date nature of the first hearingclaim(s) at issue, including federal law as applied in such state where applicable. The venue of Arbitration arbitration shall be such place as may conducted by a single arbitrator, who shall be fixed by an attorney who specializes in the Arbitratorfield of employment law and who shall have prior experience arbitrating employment disputes. However, if any disputes arising between the Parties under the Agreement concern any Inventions or Intellectual Property Rights, the single arbitrator shall be an attorney who specializes in his sole discretionthe field of intellectual property law and who shall have prior experience arbitrating intellectual property disputes. The award of the Arbitrator arbitrator shall be final, conclusive final and binding on the Parties, and judgment on the award may be confirmed and entered in any state or federal court of the applicable jurisdiction. In the event of any court proceeding to challenge or enforce an arbitrator’s award, the Parties hereby consent to the exclusive jurisdiction of the state and federal courts in the applicable jurisdiction and agree to venue in that jurisdiction. To the fullest extent allowable under applicable, the arbitration shall be conducted on a strictly confidential basis. This means that I shall not disclose the existence of a claim, the nature of a claim, any documents, exhibits, or information exchanged or presented in connection with such a claim, or the result of any action (collectively, “Arbitration Materials”), to any third party, with the sole exception of my legal counsel, who also shall be bound by these confidentiality terms. The Parties agree to take all steps necessary to protect the parties confidentiality of the Arbitration Materials in connection with any such proceeding; agree to file all Confidential Information (and documents containing Confidential Information) under seal; and agree to the entry of an appropriate protective order encompassing the confidentiality terms of this ContractAgreement, all to the extent allowable under the laws of that jurisdiction. The Company shall pay the costs of the arbitration and the arbitrators.
Appears in 2 contracts
Sources: Employment Agreement (Nasdaq, Inc.), Employment Agreement (Nasdaq, Inc.)
Arbitration. Except where otherwise provided for in If the Contract, all questions and disputes relating to grievance is not settled on the meaning basis of the specificationsforegoing procedures, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman grievant and Managing Director is unable the Union have complied with the specific time limitations specified in Steps 1, 2, 3 and 4 herein, the Union may submit the issue in writing to arbitration within fourteen (14) calendar days following the receipt of the written reply from the Hospital Administrator or unwilling designee. If the Hospital and the Union fail to act to agree on an arbitrator, a list of eleven (11) arbitrators from Washington and/or Oregon shall be requested from the sole arbitration, of some other Federal Mediation and Conciliation Service. The parties shall thereupon alternate in striking a name from the panel until one (1) name remains. The person appointed by whose name remains shall be the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the Any arbitrator so appointed is accepting an employee of Uranium Corporation of India Limited, Jaduguda and that he had assignment under this Article agrees to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any issue an award within sixty (60) calendar days of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation close of the office hearing or the receipt of inability to actpost-hearing briefs, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It whichever is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Directorlater, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for have no jurisdiction to decide the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract issue after that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(ssixty (60) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claimsday period. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The arbitrator’s decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will shall be final and would not be open to arbitrationbinding on all parties. The arbitrator shall have no authority to add to, subtract from, or otherwise change or modify the provisions of this Agreement, but shall be deemed authorized only to have entered on interpret existing provisions of this Agreement as they may apply to the reference on the date he issues notice to both the parties fixing the date specific facts of the issue in dispute. The Arbitrator shall have no authority to award punitive damages, nor shall the arbitrator be authorized to make a back pay award for any period earlier than the beginning of the pay period prior to the pay period in effect in which the grievance was first presented to the Hospital at Step 1 of this grievance procedure. Each party shall bear one-half (1/2) of the fee of the arbitrator for an Award issued on a timely basis and any other expense jointly incurred incident to the arbitration hearing. The venue All other expenses, including but not limited to legal fees, deposition costs, witness fees, and any and every other cost related to the presentation of Arbitration a party’s case in this or any other forum, shall be such place as may be fixed borne by the Arbitratorparty incurring them, in his sole discretion. The award of the Arbitrator and neither party shall be final, conclusive and binding all responsible for the parties to this Contractexpenses of witnesses called by the other party.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Arbitration. Except where otherwise provided (a) If a grievance alleging that a disciplinary action (reduction in base pay, demotion, involuntary transfer of more than 50 miles by highway, suspension, or dismissal) was taken without cause, is not resolved at Step 2, the PBA representative may appeal the grievance in writing to arbitration on the appropriate form as contained in Appendix C of this Agreement within 10 days following receipt of the decision at Step 2. If a contract language dispute as described in (3), above, is not resolved at Step 3, the PBA representative may appeal the grievance in writing to arbitration on the appropriate form as contained in Appendix C of this Agreement within 10 days following receipt of the decision at Step 3. If, at the initial written step, the PBA declined to represent the grievant because he was not a member of the PBA, the grievant may appeal the grievance to arbitration. The appeal to arbitration shall be filed with the Department of Management Services on the form contained in Appendix C of this Agreement and shall include a copy of the grievance forms submitted at Steps 1, 2, and 3 (if applicable) together with all written responses and documents in support of the grievance.
(b) The arbitrator shall be one person from a panel of four arbitrators selected by the Parties. The Department of Management Services’ Arbitration Coordinator shall schedule the arbitration hearing with the state and PBA representatives and the arbitrator listed next on the panel in rotation and shall coordinate the arbitration hearing time, date, and location.
(c) At least fifteen days before the scheduled date of the arbitration hearing, the parties shall file with the arbitrator, and provide to each other, a list of witnesses to be called at the hearing, except rebuttal witnesses, and a brief statement of the material facts or matters relevant to the grievance about which each witness will testify. A party may file a written request with the arbitrator, with a concurrent copy to the other party, for an exception to the filing time limits for good cause. If such exception is granted, the other party may request that the hearing be rescheduled if necessary for the party to respond to the late filed witness information.
(d) The parties may, by agreement in writing, submit related grievances for hearing before the Contractsame arbitrator. Arbitration hearings shall be scheduled as soon as feasible but not more than five months following the receipt of the Request for Arbitration Form. If the arbitrator initially selected is not available to schedule within this period, the Arbitration Coordinator shall contact succeeding arbitrators on the panel until an arbitrator is identified who can schedule within the prescribed period. A party may request of the arbitrator, with notice to the other party and the Arbitration Coordinator, an extension of time/continuance based on documented unusual and compelling circumstances. The parties may agree to schedule a hearing beyond the five-month deadline. The Arbitration Coordinator shall schedule arbitration hearings at times and locations agreed to by the parties, taking into account the availability of evidence, location of witnesses and existence of appropriate facilities, as well as other relevant factors; however, unless agreed otherwise, all questions and disputes relating to the meaning hearings shall be held within 50 miles of the specificationsgrievant(s)’ place of work.
(e) Where there is a threshold issue regarding arbitrability, designsincluding timeliness, drawings of a grievance raised by either party, an expedited arbitration hearing shall be conducted to address only the arbitrability issue. In such cases, the parties shall choose an arbitrator from the panel of arbitrators (see (5)(b) above), who is available to schedule a hearing and instructions herein before mentioned render a decision within 15 days of an arbitrator being chosen for this limited purpose. The hearing on this issue shall be limited to one day, and as the arbitrator shall be required to decide the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress issue within five business days of the work or after the completion or abandonment thereof, hearing. The hearing shall be referred to conducted by telephone upon the sole arbitration agreement of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda parties and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if The party losing the arbitrability issue shall pay the fees and expenses of the expedited arbitration. If the arbitrator so appointed determines that the issue is an employee of Uranium Corporation of India Limitedarbitrable, Jaduguda and that he had to deal with another arbitrator shall be chosen from the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator parties’ regular arbitration panel in accordance with the terms provisions of (5)(b) of this Article to conduct a hearing on the Contract. Such person substantive issue(s).
(f) The arbitrator may fashion an appropriate remedy to resolve the grievance and, provided the decision is in accordance with his jurisdiction and authority under this Agreement, shall be entitled to proceed with final and binding on the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possiblestate, the matter is not to be referred to arbitration at allPBA, the grievant(s), and the employees in the bargaining unit. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, considering a grievance the arbitrator shall give reasons for be governed by the award. Subject as aforesaid, the following provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitrationlimitations:
1. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing issue a decision not later than 22 days from the date of the first hearingclosing of the hearing or the submission of briefs, whichever is later.
2. The venue of Arbitration arbitrator’s decision shall be such place as may in writing, shall be fixed determined by applying a preponderance of the Arbitratorevidence standard, in his sole discretionand shall set forth the arbitrator’s opinion and conclusions on the issue(s) submitted.
3. The award arbitrator shall have no authority to determine any other issue, and shall refrain from issuing any statement of opinion or conclusion not essential to the determination of the Arbitrator issues submitted.
4. The arbitrator shall be finallimit the decision strictly to the application and interpretation of the specific provisions of this Agreement. any decisions that are: subtracting from, conclusive or modifying, altering or ignoring in any way, the terms of this Agreement, or of applicable law or rules or regulations having the force and binding all the parties to this Contracteffect of law.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Arbitration. Except where otherwise provided (a) Any and all disputes regarding the Indemnitee’s entitlement to indemnification or advancement of expenses that cannot be settled amicably, including any ancillary claims of any party arising out of, relating to or in connection with the validity, negotiation, execution, interpretation, performance or non-performance of this Agreement (including without limitation the arbitrability of any issue under this Agreement and the validity, scope and enforceability of this arbitration provision) may, at the Indemnitee’s option, be finally settled by arbitration conducted by a single arbitrator in New York, New York in accordance with the then-existing CPR Administered Employment Arbitration Rules of the International Institute for Conflict Prevention & Resolution. If the parties to the dispute fail to agree on the selection of an arbitrator within 30 days of the receipt of the request for arbitration, the International Chamber of Commerce shall make the appointment. The arbitrator shall be a lawyer with substantial experience in the Contractalternative asset management industry and shall conduct the proceedings in the English language. Performance under this Agreement shall continue if reasonably possible during any arbitration proceedings. Except as required by law or as may be reasonably required in connection with ancillary judicial proceedings to compel arbitration, all questions to obtain temporary or preliminary judicial relief in aid of arbitration, or to confirm or challenge an arbitration award, the arbitration proceedings, including any hearings, shall be confidential, and disputes relating to the meaning parties shall not disclose any awards, any materials produced in the proceedings created for the purpose of the specificationsarbitration, designs, drawings and instructions herein before mentioned and as to or any documents produced by another party in the quality of workmanship or materials used on proceedings not otherwise in the work or as public domain.
(b) Except with respect to any other questiondispute regarding an Indemnitee’s entitlement to indemnification or advancement of expenses or related claims that may be settled in arbitration pursuant to Section 15(a), claimeach party hereby (i) irrevocably agrees that any claims, rightsuits, matter actions or thing whatsoever proceedings arising out of or relating in any way to this Agreement (including any claims, suits or actions to interpret, apply or enforce this Section 15 or any judicial proceeding ancillary to an arbitration or contemplated arbitration arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereofthis Agreement), shall be referred exclusively brought in the Court of Chancery of the State of Delaware or, if such court does not have subject matter jurisdiction thereof, any other court in the State of Delaware with subject matter jurisdiction; (ii) irrevocably submits to the sole arbitration exclusive jurisdiction of such courts in connection with any such claim, suit, action or proceeding; (iii) irrevocably agrees not to, and waives any right to, assert in any such claim, suit, action or proceeding that (A) it is not personally subject to the jurisdiction of such courts or any other court to which proceedings in such courts may be appealed, (B) such claim, suit, action or proceeding is brought in an inconvenient forum, or (C) the venue of such claim, suit, action or proceeding is improper; (iv) expressly waives any requirement for the posting of a bond by a party bringing such claim, suit, action or proceeding; (v) consents to process being served in any such claim, suit, action or proceeding by mailing, certified mail, return receipt requested, a copy thereof to such party at the address in effect for notices hereunder, and agrees that such service shall constitute good and sufficient service of process and notice thereof; provided, that, nothing in clause (v) hereof shall affect or limit any right to serve process in any other manner permitted by law; and (vi) IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY SUCH CLAIM, SUIT, ACTION OR PROCEEDING.
(c) Notwithstanding any provision of this Agreement to the contrary, this Section 15 shall be construed to the maximum extent possible to comply with the laws of the Chairman & Managing Director State of Uranium Corporation Delaware, including the Delaware Uniform Arbitration Act (10 Del. C. § 5701 et seq.) (the “Delaware Arbitration Act”). If, nevertheless, it shall be determined by an arbitral tribunal or court of India Limitedcompetent jurisdiction that any provision or wording of this Section 15, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or including any rules of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation International Chamber of the office of inability to actCommerce, shall appoint another person to act as arbitrator in accordance with be invalid or unenforceable under the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Delaware Arbitration Act, 1940 or other applicable law, such invalidity shall not invalidate all of this Section 15. In that case, this Section 15 shall be construed so as to limit any statutory modification term or re-enactment thereof and provision so as to make it valid or enforceable within the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term requirements of the Contract that Delaware Arbitration Act or other applicable law, and, in the party invoking arbitration shall specify the dispute event such term or disputes to provision cannot be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractorso limited, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company this Section 15 shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time construed to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be omit such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractinvalid or unenforceable provision.
Appears in 2 contracts
Sources: Indemnification Agreement (KKR Infrastructure Conglomerate LLC), Indemnification Agreement (KKR Private Equity Conglomerate LLC)
Arbitration. Except where otherwise as provided for in Section 7(b), the Contract, all questions Company and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship Executive agree that any claim or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way controversy arising out of or relating to this Agreement or any breach thereof ("Arbitrable Dispute") shall be settled by arbitration if such claim or controversy is not otherwise settled; provided, however that nothing set forth herein shall in any way limit the ContractCompany's ability to seek and obtain injunctive relief in aid of arbitration from any court of competent jurisdiction. This arbitration agreement applies to, designsamong others, drawingsdisputes about the validity, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksinterpretation, or the execution effect of this Agreement. The arbitration shall take place in New York, New York, or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some such other person appointed by the Chairman & Managing Director, willing to act location as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties parties may mutually agree. Except as such he had expressed views on expressly set forth herein, all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, arbitration proceedings under this Section 12(h) shall appoint another person to act as arbitrator be undertaken in accordance with the terms Commercial Arbitration Rules of the ContractAmerican Arbitration Association (the "AAA") then in force only before individuals who are (i) lawyers engaged full-time in the practice of law and (ii) on the AAA register of arbitrators. Such person There shall be one arbitrator who shall be chosen in accordance with the rules of the AAA. The arbitrator may not modify or change this Agreement in any way and shall not be empowered to award punitive damages against any party to such arbitration. Each party shall pay the fees of such party's attorneys, the expenses of such party's witnesses, and any other expenses that such party incurs in connection with the arbitration, but all other costs of the arbitration, including the fees of the arbitrator, the cost of any record or transcript of the arbitration, administrative fees, and other fees and costs shall be paid in equal shares by Executive and the Company. Except as provided for in Section 7(b), arbitration in this manner shall be the exclusive remedy for any Arbitrable Dispute. Should Executive or the Company attempt to resolve an Arbitrable Dispute by any method other than arbitration pursuant to this Section, the responding party will be entitled to proceed with the reference recover from the stage at which his predecessor left it. It is also initiating party all damages, expenses, and attorneys' fees incurred as a terms result of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractbreach.
Appears in 2 contracts
Sources: Employment Agreement (American Bank Note Holographics Inc), Employment Agreement (American Bank Note Holographics Inc)
Arbitration. Except where otherwise provided for in the Contract, all questions The Company and disputes relating Executive agree to the meaning resolution by binding arbitration of the specificationsall claims, designsdemands, drawings and instructions herein before mentioned and as to the quality causes of workmanship action, disputes, controversies or materials used on the work or as to any other question, claim, right, matter or thing whatsoever matters in any way question (“claims”) arising out of this Agreement or relating to the ContractExecutive’s employment (or its termination), designswhether in contract, drawings, specifications, estimates, instructions, orders or these conditions tort or otherwise concerning and whether provided by statute or common law, that the worksCompany may have against Executive or that Executive may have against the Company or its parents, or the execution or failure to execute the samesubsidiaries and affiliates, whether arising during the progress and each of the work foregoing entities’ respective officers, directors, employees or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act agents in their capacity as such arbitratoror otherwise; except that this agreement to arbitrate shall not limit the Company’s right to seek equitable relief, including injunctive relief and specific performance, as provided in Section 12(i). There will be no objection if Notwithstanding the arbitrator so appointed is an employee of Uranium Corporation of India Limitedforegoing, Jaduguda and that he had to deal with the matters to which the Contract relates and that however, this Section 12(h) shall not apply in the course of his duties as such he had expressed views on all event Executive asserts any claim arising under or any of the matters in dispute or differencerelated to ERISA. The arbitrator may make an interim award granting equitable relief to whom the matter is originally referred being transferred either party and such award may be enforced like a final award. Claims covered by this agreement to arbitrate also include claims by Executive for breach of this Agreement or vacating other claims arising out of his office employment, including but not limited to, wrongful termination, discrimination (based on age, race, sex, disability, national origin, religion or being unable to act for any reasonsother factor), such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, statutory leave entitlements and retaliation. The Company and Executive agree that any arbitration shall appoint another person to act as arbitrator be in accordance with the terms Federal Arbitration Act (“FAA”) and, to the extent an issue is not addressed by the FAA, with the then-current National Rules for the Resolution of Employment Disputes of the ContractAmerican Arbitration Association (“AAA”) or such other rules of the AAA as applicable to the claims being arbitrated. Such person The arbitration shall be entitled conducted by a single arbitrator, who shall be selected by agreement of the parties or if they do not agree on an arbitrator within 15 days after either the Company or Executive has made a demand for arbitration then the arbitrator will be selected pursuant to proceed with the reference from rules of the stage at which his predecessor left itAAA. It is also If a terms of party refuses to honor its obligations under this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possibleAgreement to arbitrate, the matter is not to be referred to other party may compel arbitration at allin either federal or state court. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the The arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term substantive law of the Contract State of Texas (excluding Texas choice-of-law principles that might call for the party invoking arbitration shall specify application of some other state’s law), or federal law, or both as applicable to the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claimsclaims asserted. The arbitrator(s) may from time arbitrator shall have exclusive authority to time with consent resolve any dispute relating to the interpretation, applicability, enforceability or formation of the parties enlarge the timethis Agreement to arbitrate, for making including any claim that all or part of this Agreement is void or voidable and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would any claim that an issue is not be open subject to arbitration. The parties agree that the exclusive venue for arbitration will be in the county in which the Company’s headquarters are then located, and that any arbitration commenced in any other venue will be transferred to such county upon the written request of any party to this Agreement. If permitted by law, the party in whose favor the arbitrator shall be deemed to have entered on renders the reference on award may, in the date he issues notice to both the parties fixing the date discretion of the first hearingarbitrator, also be awarded all costs and expenses actually incurred, including reasonable attorneys’ fees, and costs, but excluding expert witness fees. The venue Any and all of Arbitration shall be such place as the arbitrator’s orders, decisions and awards may be fixed enforceable in, and judgment upon any award rendered by the Arbitratorarbitrator may be confirmed and entered by, in his sole discretionany federal or state court having jurisdiction. The All proceedings conducted pursuant to this agreement to arbitrate, including any order, decision or award of the Arbitrator arbitrator, shall be finalkept confidential by all parties except to the extent such disclosure is required by law, conclusive and binding all or in a proceeding to enforce the parties to this Contractrights hereunder. THE PARTIES ACKNOWLEDGE THAT, BY SIGNING THIS AGREEMENT, THEY ARE WAIVING ANY RIGHT THAT THEY MAY HAVE TO A JURY TRIAL OR A COURT TRIAL OF ANY EMPLOYMENT-RELATED CLAIM.
Appears in 2 contracts
Sources: Executive Employment Agreement (Regency Energy Partners LP), Executive Employment Agreement (Regency Energy Partners LP)
Arbitration. Except where otherwise provided The Participant hereby agrees to submit any dispute arising from participation in Racing and/or as a Season Pass Holder, to arbitration, for the sole purpose of determining whether the alleged injury arises from a risk inherent in the Contractactivities engaged in by the Participant while participating in Racing and/or as a Season Pass Holder. For such disputes, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, there shall be referred a three-member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the sole arbitration of “Panel”), to be chosen by the Chairman & Managing Director of Uranium Corporation of India Limitedparty-appointed arbitrators. In the event that the two party-appointed arbitrators are not able to agree on a third, Jaduguda and if neutral arbitrator, the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person neutral arbitrator shall be appointed by the Chairman & Managing DirectorUnited States District Court, willing to act as such for the District of Connecticut. Each party shall pay its own costs, including the costs associated with the party-appointed arbitrators, and the parties shall share equally the costs associated with the neutral arbitrator. There will The arbitration proceeding shall proceed in Hartford, Connecticut and shall be no objection if governed by the arbitrator so appointed is an employee Federal Rules of Uranium Corporation of India Limited, Jaduguda Evidence. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter. In the event that he had to deal with the matters to which Panel determines the Contract relates and that alleged injury arises from a risk inherent in the course of his duties Participant’s participation in Racing and/or as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the ContractorSeason Pass Holder, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on barred, as a matter of law, and the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration Participant shall be such place barred from recovering any compensation from the Facility, the Partnership, and/or the Lounge. In the event that the Panel determines the alleged injury did not arise from a risk inherent in the activities engaged in while Racing and/or as may be fixed by a Season Pass Holder, the ArbitratorParticipant shall proceed to the Superior Court of Connecticut, in his sole discretionor if appropriate, the United States District Court, for the District of Connecticut, for a trial de novo. The award of the Arbitrator shall be finalI HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, conclusive and binding all the parties to this ContractINCLUDING THE RIGHT TO ▇▇▇.
Appears in 2 contracts
Sources: Racer Waiver and Release Agreement, Racer Waiver, Season Pass Holder Waiver, and Assumption of Risk, Release & Arbitration Agreement
Arbitration. Except where otherwise provided for in the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to (i) User agrees that any other question, claim, right, matter or thing whatsoever in any way dispute arising out of or relating in any way to the ContractService or this Agreement requires that such claim be resolved exclusively by confidential binding arbitration; provided, designsthat to the extent User has in any manner violated or threatened to violate confidentiality or intellectual property rights, drawings, specifications, estimates, instructions, orders Company may seek injunctive or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, other appropriate relief. The arbitration shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limitedconducted before three neutral arbitrators in Nashville, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitrationTennessee, of some other person appointed by the Chairman & Managing DirectorU.S.A., willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms rules of the ContractAmerican Arbitration Association (“AAA”), as then in effect. Such person No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to this Agreement, the arbitrators shall be entitled authorized to proceed award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the reference from arbitration.
(ii) BECAUSE THE USE OF THE SERVICE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
(iii) The award of the stage arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents (A) to the non-exclusive jurisdiction of the courts of the State of Tennessee or to any federal court located within the State of Tennessee for any action (i) to compel arbitration; (ii) to enforce any award of the arbitrators; or (iii) at which his predecessor left itany time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies; and (B) to service of process in any such action by registered mail or any other means provided by law. It is also a terms of Should this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if Section 14(h) be deemed invalid or otherwise unenforceable for any reason, that is not possible, the matter is not to it shall be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof severed and the rules made there under parties agree that exclusive jurisdiction and venue for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor claims will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the timestate or federal courts in Nashville, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractTennessee.
Appears in 2 contracts
Sources: Terms of Service, Terms of Service
Arbitration. Except where otherwise Nothing contained in this Agreement shall preclude BROKER from commencing any action in any court having jurisdiction thereof with respect to any matter arising out of, relating to or pertaining to this Agreement. However at the sole option of BROKER, any controversy, claim or dispute, whether in contract, tort or otherwise, arising out of, relating to or pertaining to this Agreement or the interpretation, breach, enforcement or subject matter thereof, that cannot be settled by mutual agreement of the parties may at the sole option of the BROKER: (i) be submitted to arbitration by one (1) arbitrator (unless the BROKER determines to have multiple arbitrators) in Miami-Dade County by the Transportation ADR Council, in accordance with its rules then in effect, or conducted by any other recognized arbitration association or entity in accordance with similar rules (“Arbitration”); or (ii) be determined through any alternative dispute resolution (“ADR”) procedure provided for under the laws of the state of Florida, with such ADR procedure to be selected by BROKER. Judgment upon any Arbitration award or ADR determination may be entered in any court of any state or county or application may be made to such court through judicial acceptance of the award or determination and on order of enforcement, as the law of the jurisdiction may require or allow. The Arbitration award or ADR determination shall be final and no appeal shall be taken by either party. The costs of any such Arbitration or ADR shall be borne equally by the SHIPPER and the BROKER, unless the arbitrator(s) or ADR decision-maker deems such division of costs to be inequitable, in which event the arbitrator(s) or ADR decision-maker may allocate the costs of Arbitration or ADR among the parties thereto as he or she deems just and equitable under the circumstances. THE SHIPPER AND BROKER HEREBY WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY OR AGAINST EACH OTHER ON, OR IN RESPECT OF, ANY MATTER ARISING OUT OF, RELATING TO OR PERTAINING TO THIS AGREEMENT, OR THE INTERPRETATION, BREACH, ENFORCEMENT OR SUBJECT MATTER THEREOF. All claims for arbitration under this Agreement must be brought in the Contract, all questions Party’s individual capacity and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and not as to the quality of workmanship a plaintiff or materials used on the work or as to any other question, claim, right, matter or thing whatsoever class member in any way arising out of or relating to the Contractpurported class, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the workscollective action, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or differencerepresentative proceeding. The arbitrator to whom may not consolidate the matter is originally referred being transferred claims, and may not otherwise preside over any form of a representative or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractclass proceeding.
Appears in 2 contracts
Arbitration. Except where otherwise provided for in (a) If any dispute arises between Executive and the ContractCompany that the parties cannot resolve themselves, all questions and disputes relating to including any dispute over the meaning of the specificationsapplication, designsvalidity, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksconstruction, or the execution or failure to execute the sameinterpretation of this Agreement, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms then-applicable employment law rules of the ContractAmerican Arbitration Association shall provide the exclusive remedy for resolving any such dispute, regardless of its nature; provided, however, that the Company may enforce may enforce Executive’s obligation to provide services under this Agreement and Executive’s obligations under Sections 5 through 7 of this Agreement by an action for injunctive relief and damages in a court of competent jurisdiction at any time prior or subsequent to the commencement of an arbitration proceeding as herein provided. Such person This Section 9.6 shall apply to any and all claims arising out of Executive’s employment and its termination, under state and federal statutes, local ordinances, and the common law including, without limitation Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, the Equal Pay Act, the Employee Retirement Income Security Act, as amended, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990, the Family and Medical Leave Act of 1993, the Fair Labor Standards Act, the New Jersey Family Leave Act, the New Jersey Conscientious Employee Protection Act, the New Jersey Civil Rights Act and the New Jersey Law Against Discrimination.
(b) Executive has read and understand this Section 9.7 which discusses arbitration. Executive understands that by signing this Agreement, Executive agrees to submit any claims arising out of, relating to, or in connection with this Agreement, or the interpretation, validity, construction, performance, breach or termination thereof, or Executive’s employment or the termination thereof, to binding arbitration, and that this arbitration provision constitutes a waiver of Executive’s right to a jury trial and relates to the resolution of all disputes relating to all aspects of the employer/employee relationship. Executive further understands that other options such as federal and state administrative remedies and judicial remedies exist and know that by signing this Agreement those remedies are forever precluded and that regardless of the nature of Executive’s complaint, Executive knows that it can only be resolved by arbitration.
(c) Unless the parties agree otherwise, any arbitration shall be entitled to proceed with administered by and take place in the reference from offices of the stage at which his predecessor left itAmerican Arbitration Association in Essex County, New Jersey. It is also a terms of this Contract If that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that office is not possibleavailable, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, then the arbitrator shall give reasons for determine the award. Subject as aforesaid, the provisions location of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractNew Jersey.
Appears in 2 contracts
Sources: Employment Agreement (Nephros Inc), Employment Agreement (Nephros Inc)
Arbitration. Except where otherwise provided for in the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship Employee shall submit any dispute or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way claim arising out of from or relating to the ContractAgreement that cannot be resolved to mandatory and binding arbitration administered by the American Arbitration Association (“AAA”) to be held in Houston, designsTexas, drawingsU.S.A., specifications, estimates, instructions, orders or these conditions or except as otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, required by law. The arbitration shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the ContractPlan and the Commercial Arbitration Procedures of the AAA (the “Rules”). Such person The arbitration shall be conducted before a panel of three (3) arbitrators from the AAA National Roster of approved arbitrators who each have at least fifteen (15) years of employment law experience, of which each of the parties shall select one and the third of which shall be mutually selected by the two (2) arbitrators; provided, that if the two (2) arbitrators are unable to agree to the selection of the third arbitrator within a period of fifteen (15) days following the date in which the two (2) arbitrators are selected by the parties pursuant to this Section, the third arbitrator shall instead be selected by the AAA pursuant to the Rules. Each party in such an arbitration proceeding shall be responsible for the costs and expenses incurred by such party in connection therewith (including attorneys’ fees) which shall not be subject to recovery from the other party in the arbitration except that any and all charges that may be made for the cost of the arbitration and the fees of the arbitrators which shall in all circumstances be paid by the Company. Any court having jurisdiction may enter a judgment upon the award rendered by the arbitrator. In the event of litigation to enforce an arbitration award in connection with or concerning the subject matter of this Agreement, the prevailing party shall be entitled to proceed with the reference recover from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed non-prevailing party all reasonable out-of-pocket costs and disbursements incurred by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at allparty in connection therewith (including reasonable attorneys’ fees). In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, Notwithstanding the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the ContractorSection 9, the claim Company may, if it so chooses, bring an action in any court of the Contractor will be deemed competent jurisdiction for injunctive relief to have been waived and absolutely barred and the company shall be discharged and released of all liabilities enforce Employee’s obligations under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractSection 7.
Appears in 2 contracts
Sources: Employment Agreement (Superior Energy Services Inc), Employment Agreement (Superior Energy Services Inc)
Arbitration. Except where otherwise provided for All appeals from determinations of a Units Award Dispute by the EB Committee as described in the Contractparagraph (b) above, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereofUnits Damages Dispute, shall be referred fully and finally settled by arbitration administered by the American Arbitration Association (“AAA”) on an individual basis (and not on a collective or class action basis) before a single arbitrator pursuant to the sole AAA’s Commercial Arbitration Rules in effect at the time any such arbitration is initiated. Any such arbitration must be initiated in writing pursuant to the aforesaid rules of the Chairman & Managing Director AAA no later than one year from the date that the claim accrues, except where a longer limitations period is required by applicable law. Decisions about the applicability of Uranium Corporation the limitations period contained herein are for the arbitrator to decide. A copy of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to AAA’s Commercial Arbitration Rules may be obtained from Human Resources. The Participant agrees that the sole arbitration, arbitration shall be held at the office of some other person appointed the AAA nearest the place of the Participant’s most recent employment by the Chairman & Managing DirectorCompany or a Related Company, willing unless the parties agree in writing to act as such arbitratora different location. There will be no objection if All claims by the arbitrator so appointed is an employee Company or a Related Company against the Participant, except for breaches of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters Participant’s Obligations contained in Exhibit A hereto, shall also be raised in such arbitration proceedings.
(i) The arbitrator shall have the authority to determine whether any dispute or differencesubmitted for arbitration hereunder is arbitrable. The arbitrator shall decide all issues submitted for arbitration according to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the ContractPlan, this Agreement, existing Company policy, and applicable substantive New York State and U.S. federal law and shall have the authority to award any remedy or relief permitted by such laws. Such person The final decision of the EB Committee with respect to a Units Award Dispute shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by upheld unless such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 decision was arbitrary or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the awardcapricious. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties and enforceable in any applicable court.
(ii) The Participant understands and agrees that, pursuant to this ContractAgreement, both the Participant and the Company or a Related Company waive any right to ▇▇▇ each other in a court of law or equity, to have a trial by jury, or to resolve disputes on a collective, or class, basis, and that the sole forum available for the resolution of Units Award Disputes and Units Damages Disputes is arbitration as provided in this paragraph 25. If an arbitrator or court finds that the arbitration provisions of this Agreement are not enforceable, both Participant and the Company or a Related Company understand and agree to waive their right to trial by jury of any Units Award Dispute or Units Damages Dispute. This dispute resolution procedure shall not prevent either the Participant or the Company or a Related Company from commencing an action in any court of competent jurisdiction for the purpose of obtaining injunctive relief to prevent irreparable harm pending and in aid of arbitration hereunder; in such event, both the Participant and the Company or a Related Company agree that the party who commences the action may proceed without necessity of posting a bond.
(iii) In consideration of the Participant’s agreement in paragraph (ii) above, the Company or a Related Company will pay all filing, administrative and arbitrator’s fees incurred in connection with the arbitration proceedings. If the AAA requires the Participant to pay the initial filing fee, the Company or a Related Company will reimburse the Participant for that fee. All other fees incurred in connection with the arbitration proceedings, including but not limited to individual attorney’s fees, will be the responsibility of each party.
(iv) The parties intend that the arbitration procedure to which they hereby agree shall be the exclusive means for resolving all Units Award Disputes (subject to the mandatory EB Committee procedure provided for in paragraph 25(b) above) and Units Damages Disputes. Their agreement in this regard shall be interpreted as broadly and inclusively as reason permits to realize that intent.
(v) The Federal Arbitration Act (“FAA”) shall govern the enforceability of this paragraph 25. If for any reason the FAA is held not to apply, or if application of the FAA requires consideration of state law in any dispute arising under this Agreement or subject to this dispute resolution provision, the laws of the State of New York shall apply without giving effect to the conflicts of laws provisions thereof.
Appears in 2 contracts
Sources: Restricted Stock Unit Agreement (Verizon Communications Inc), Performance Stock Unit Agreement (Verizon Communications Inc)
Arbitration. 12.1 Except where otherwise provided for unpaid invoices owed by Client to Administaff, Administaff and Client agree and stipulate that all claims, disputes and other matters in the Contractquestion between Administaff and Client arising out of, all questions and disputes or relating to this Agreement or the meaning breach thereof, will be decided by arbitration in accordance with the Federal Arbitration Act (9 U.S.C. §§ 10 and 11) and the Commercial Arbitration Rules of the specifications, designs, drawings and instructions herein before mentioned and as American Arbitration Association subject to the quality limitations of workmanship or materials used on the work or as this Article XII. This Agreement to so arbitrate and any other question, agreement or consent to arbitrate entered into in accordance herewith as provided in this Article XII will be specifically enforceable under the prevailing law of any court having jurisdiction.
12.2 Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association. The demand for arbitration shall be made within a reasonable time after the claim, rightdispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter or thing whatsoever in any way question would be barred by the applicable statute of limitations.
12.3 No arbitration arising out of or relating to, this Agreement shall include by consolidation, joinder or in any other manner any other person or entity ·who is not a party to this contract unless:
a. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the Contractarbitration, designs, drawings, specifications, estimates, instructions, orders and/or such other person or these conditions entity is substantially involved in a question of law or otherwise concerning fact which is common to those who are already parties to the works, or arbitration and which will arise in such proceedings; and
b. the execution or failure to execute the same, whether arising during the progress written consents of the work other person or after the completion or abandonment thereofentity sought to be included and Administaff and Client have been obtained for such inclusion, which consent shall be referred make specific reference to the sole this paragraph 12.3, but no such consent shall constitute consent to arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable any dispute not specifically described in such consent or unwilling to act to the sole arbitration, of some other person appointed arbitration with any party not specifically identified in such consent.
12.4 The award rendered by the Chairman & Managing Director, willing to act as such arbitrator. There arbitrators will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive judgment may be entered upon it in any court having jurisdiction thereof, and binding all will not be subject to modification or appeal except to the parties to this Contractextent permitted by §§ 10 and 11 of the Federal Arbitration Act (9 U.S.C. §§ 10 and 11).
Appears in 2 contracts
Sources: Client Service Agreement, Client Service Agreement (Flagship Credit Corp.)
Arbitration. Except where The Company and the Employee agree to the resolution by binding arbitration of all claims, demands, causes of action, disputes, controversies, or other matters in question ("Claims") arising out of this Agreement or the Employee's employment (or its termination), whether sounding in contract, tort, or otherwise and whether provided by statute or common law, that the Company may have against the Employee or that the Employee may have against the Company or any Affiliate or any benefit plans of the Company or any Affiliate or any fiduciaries, administrators, and affiliates of any of such benefit plans, or their respective officers, directors, employees, or agents in their capacity as such. This agreement to arbitrate shall not limit the Company's or the Employee's right to seek equitable relief, including, but not limited to, injunctive relief and specific performance in a court of competent jurisdiction. Claims covered by this agreement to arbitrate include, but are not limited to, claims by the Employee for breach of this Agreement, wrongful termination, discrimination (based on age, race, sex, disability, national origin or other factor), and retaliation. The only Claims otherwise within the definition of Claims that are not covered by this Section 26 are: (1) any administrative actions that the Employee is permitted to pursue under applicable law that are not precluded by virtue of the Employee having entered into this Section 26; (2) any Claim by the Employee for workers' compensation benefits or unemployment compensation benefits; or (3) any Claim by the Employee for benefits under a Company or Affiliate pension or benefit plan that provides its own non-judicial dispute resolution procedure. Claims shall be submitted to arbitration and finally settled under the Employment Dispute Resolution Rules of the American Arbitration Association ("AAA") in effect at the time the written notice of the Claim is received. An arbitrator shall be selected in the manner provided for in the ContractEmployment Dispute Resolution Rules of the AAA, all questions and disputes except that the parties agree that the arbitrator shall be an attorney licensed in the state where the arbitration is being conducted. If any party refuses to honor its obligations under this agreement to arbitrate, the other party may compel arbitration in either federal or state court. The arbitrator will have exclusive authority to resolve any dispute relating to the meaning of the specificationsinterpretation, designsapplicability, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksenforceability, or the execution or failure formation of this agreement to execute the samearbitrate, whether arising during the progress of the work or after the completion or abandonment thereofincluding, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limitedbut not limited to, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and any claim that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms part of this Contract Agreement is void or voidable and any claim that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that an issue is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open subject to arbitration. The arbitration will be held in Dallas County, Texas. The arbitrator shall issue a written decision that identifies the factual findings and principles of law upon which any award is based. The award and findings of such arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding upon the parties. Any and all of the parties arbitrator's orders, decisions, and awards may be enforceable in, and judgment upon any award rendered by the arbitrator may be confirmed and entered by, any federal or state court having jurisdiction. The Company shall pay all costs and expenses of its advisors and expert witnesses, and Employee shall pay all costs and expenses of his advisors and expert witnesses. The costs and expenses of the arbitration proceedings will be paid by the non-prevailing party or as the arbitrator otherwise determines. Discovery will be permitted to this Contractthe extent directed by the arbitrator. EACH PARTY UNDERSTANDS THAT BY AGREEING TO SUBMIT CLAIMS TO ARBITRATION, SUCH PARTY GIVES UP THE RIGHT TO SEEK A TRIAL BY COURT OR JURY AND THE RIGHT TO AN APPEAL A COURT OR JURY DECISION AND FORGOES ANY AND ALL RELATED RIGHTS SUCH PARTY MAY OTHERWISE HAVE UNDER FEDERAL AND STATE LAWS.
Appears in 2 contracts
Sources: Employment Agreement (Zixit Corp), Employment Agreement (Zix Corp)
Arbitration. This Agreement is subject to Section 2 of the separate “Amendment to Agreements and Disclosures,” furnished to you previously, and which supplements the Agreements and Disclosures/Commercial Agreements and Disclosures, also furnished to you separately. Section 2 of the Amendment to Agreements and Disclosures provides important information about and governs arbitration in connection with this Agreement. Except where as may otherwise be provided for in Section 2 of the Contract, all questions separate “Amendment to Agreements and disputes relating Disclosures,” you are liable to the meaning Credit Union for any liability, loss, or expense as provided in this Agreement that the Credit Union incurs as a result of any dispute involving your accounts or services. You authorize the Credit Union to deduct any such liability, loss, or expense from your account without prior notice to you. This Agreement shall be governed by and construed under the laws of the specificationsstate of Michigan as applied to contracts entered into solely between residents of, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasonsperformed entirely in, such Chairman & Managing Director as aforesaid at state. In the transferevent either party brings a legal action to enforce the Agreement or collect any overdrawn funds on accounts accessed under this Agreement, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person prevailing party shall be entitled to, subject to proceed with Michigan law, payment by the reference from the stage at which his predecessor left it. It is also a terms other party of its reasonable attorney's fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions, if applicable If you are in breach of this Contract that no person other than a person appointed Agreement or any Related Agreement, or we suspect fraudulent activity on your account, we may, without prior notice, restrict access to your accounts or suspend your Electronic Services or access devices, including ATM or debit cards. Such restrictions may continue until you cure any breach, condition or any fraud condition is resolved. Should any one or more provisions of this Agreement be determined illegal or unenforceable in any relevant jurisdiction, then such provision be modified by such Chairman & Managing Directorthe proper court, as aforesaid should act as arbitrator and if for any reason, that is not possible, but only to the matter is extent necessary to make the provision enforceable and such modification shall not to be referred to arbitration at allaffect any other provision of this Agreement. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator We shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived any rights or remedies hereunder unless such waiver is in writing and absolutely barred and the company signed by one of our authorized representatives. No delay or omission on our part in exercising any rights or remedies shall be discharged and released operate as a waiver of all liabilities under the Contract in respect of these claimssuch rights or remedies or any other rights or remedies. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would A waiver on any one occasion shall not be open to arbitration. The arbitrator shall be deemed to have entered construed as a bar or waiver of any rights or remedies on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractfuture occasions.
Appears in 2 contracts
Sources: Online and Mobile Banking Agreement, Commercial Online and Mobile Banking Agreement
Arbitration. Except where otherwise provided for in the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, Any claim, rightdispute, matter or thing whatsoever in any way controversy ("Claim") between Varo and you (each a “Party” and together “Parties”) arising out of or relating in any way to: i) this General Terms Agreement; ii) any Varo Products provided by Varo to you; iii) your establishment of any Varo Products; iv) your use of any Varo Products; v) advertisements, promotions or oral or written statements related to any Varo Products; vi) the Contractbenefits and services related to any Varo Products; or vii) transactions made using any Varo Products, designswhether they arose in the past, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksmay currently exist, or may arise in the execution future, no matter how described, pleaded or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereofstyled, shall be referred governed exclusively by this Arbitration Clause (the “Arbitration Clause”) which is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16) notwithstanding any state law to the sole arbitration contrary and regardless of the Chairman & Managing Director nature of Uranium Corporation the Claims at issue. All Claims must be filed within one year of India Limitedthe date on which the incidents giving rise to the Claim(s) first took place, Jaduguda otherwise such Claims are permanently barred. Before starting a lawsuit or arbitration, the complaining party must give the other party written notice describing in reasonable detail the Claim and the supporting facts (the “Claim Notice”). The Claim Notice must be mailed to Varo at: ATTN: Legal Department, at PO ▇▇▇ ▇▇▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. Please include your account number and phone number where you (or your attorney) can be reached. We will mail any Claim Notice to you at the physical address we have on file for you. Once a Claim Notice is sent, the complaining party must give the other party a reasonable opportunity over the next 30 days to resolve the Claim on an individual basis. Any unresolved Claim must be resolved FINALLY and EXCLUSIVELY by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (except for matters that may be taken to a small claims court). Further, if a Party brings a Claim in arbitration, the other Party may also remove that Claim to small claims court (or the equivalent court with jurisdiction over the Claim) if the Chairman amount at issue (exclusive of attorneys’ fees and Managing Director costs if applicable law so provides) is unable properly within the jurisdiction of such court. In such case, the opposing Party must provide notice of intent to remove to small claims (or unwilling to act to equivalent) court within 30 days after the sole arbitration, of some other person appointed arbitration demand is acknowledged by the Chairman & Managing DirectorAAA. In any event, willing to act as such arbitrator. There will be no objection if the arbitrator Claim is removed, appealed or transferred from small claims (or equivalent) court to another court, it shall be subject to arbitration at the election of either Party. The Parties also reserve the right to demand arbitration if the small claims (or equivalent) court case contains any class or representative claims. Arbitration will proceed on an INDIVIDUAL BASIS, so appointed is an employee of Uranium Corporation of India Limited, Jaduguda class actions and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or differencesimilar proceedings will NOT be available. The arbitrator shall have no authority to whom entertain any Claim as a class action or on any similar representative basis, nor shall the matter is originally referred being transferred or vacating his office or being unable arbitrator have any authority to act consolidate Claims brought by separate claimants. The arbitrator shall have the authority to award all remedies available in an individual lawsuit under applicable law, including, for any reasonsexample, such Chairman & Managing Director compensatory, statutory and punitive damages (which shall be governed by the same standards that would apply in court), declaratory, injunctive and other equitable relief, and attorneys’ fees and costs. All determinations as aforesaid at to the transferscope, vacation interpretation, enforceability and validity of the office of inability to actGeneral Terms Agreement shall be made final exclusively by the arbitrator, which award shall appoint another person to act as arbitrator in accordance with be binding and Final; provided, however, the terms enforceability of the Contract. Such person waiver of the right to bring a Claim on behalf of a class or in a representative capacity shall be entitled determined exclusively by a court of competent jurisdiction. Judgment on the arbitration award may be entered in any court having jurisdiction. For a copy of the procedures, to proceed with file a Claim, or for other information about this organization, contact the reference from the stage association at: AAA, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, or at which his predecessor left it▇▇▇.▇▇▇.▇▇▇. It is also a terms You may opt out of this Contract that no person other than Arbitration Clause for all purposes by mailing a person appointed by such Chairman & Managing Directorwritten arbitration opt out notice to ATTN: Legal Department, as aforesaid should act as arbitrator PO Box ▇▇▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ via Certified U.S. Mail, Return Receipt Requested. The opt out notice will not be effective and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor you will be deemed to have consented to this Arbitration Clause unless the notice is received by us within 60 days of the date the Arbitration Clause was provided to you. The opt out notice must clearly state that you are rejecting arbitration; identify the Agreement to which it applies by date; provide your name, address, and social security number; and be signed by you. You must present the return receipt received from the U.S. Postal Service in the event there is a dispute over whether your opt out notice was sent, or whether it was sent and received in a timely manner, in accordance with this Arbitration Clause. No other methods can be used to opt out of this Arbitration Clause. Rejection notices sent to any other address, or sent by electronic mail or sent in a manner without return receipt proof of delivery or communicated orally, will not be accepted or effective. Opting out will not affect the other provisions of this Agreement. If you opt out of this Arbitration Clause, it will not operate to reject any prior or future Arbitration Clause between you and us. UNLESS YOU OPT OUT OF THIS AGREEMENT TO ARBITRATE AS PROVIDED HEREIN, YOU ARE WAIVING THE RIGHTS TO (I) HAVE A CLAIM DECIDED BY A COURT (EXCEPT SMALL CLAIMS COURT); AND (II) ASSERT OR PARTICIPATE IN A CLASS ACTION, OR ANY REPRESENTATIVE OR CONSOLIDATED PROCEEDING IN COURT. Varo will pay any filing, administration, and arbitrator fees imposed by the AAA. Each Party shall bear the expense of its own attorneys' fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein. Where applicable, if you are covered by the Military Lending Act, then you are not bound by this Arbitration Clause, and to the extent required by the Military Lending Act, nothing in this Agreement will be deemed a waiver of the right to legal recourse under any otherwise applicable provision of state or federal law. This arbitration provision shall survive: i) the termination of this General Terms Agreement; ii) the bankruptcy of any party; iii) any transfer, sale or assignment of any Varo Products and Services, or any amounts owed in relation to any Varo Products you use, to any other person or entity; or iv) closing of any Varo Products offered to you. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force except that if the waiver of the right to proceed as a class or in a representative capacity is declared unenforceable in a proceeding between you and us, and that determination becomes final after all appeals have been waived and absolutely barred and the company exhausted, this entire Arbitration Clause (except for this one sentence) shall be discharged null and released of all liabilities under the Contract void in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractproceeding.
Appears in 2 contracts
Arbitration. Except where otherwise provided for as set forth in the ContractSection 6.7.2 or this Section 8.3, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way claims arising out of or relating related to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksthis Agreement, or a breach hereof, that are not otherwise resolved by the execution parties by negotiation or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, voluntary mediation shall be referred to the sole settled by binding arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contractprocedures set forth in this Section 8.3. Such person shall All arbitrations will be entitled to proceed with the reference from the stage conducted in Tampa, Florida, or at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed another location mutually approved by such Chairman & Managing Directorparties, as aforesaid should act as arbitrator and if for any reasonpursuant to the AAA Rules, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitrationby one arbitrator. The arbitrator shall be deemed to have entered on a lawyer who is disinterested in the reference on the date he issues notice to both the parties fixing the date controversy, shall be independent of the first hearingparties, shall have training and experience as an arbitrator and shall have a demonstrated reputation for fairness and integrity as an arbitrator. The venue of Arbitration arbitrator is directed by this Agreement to conduct the arbitration hearing expeditiously after demand for arbitration has been filed with the AAA. Depositions shall be such place permitted only as may be fixed deemed appropriate by the Arbitratorarbitrator, in his sole discretionupon motion of the party seeking deposition discovery, but shall be limited to no more than two (2) for each party. The parties to the arbitration will be entitled to conduct document discovery as deemed appropriate by the arbitrator. The arbitrator will resolve any discovery disputes. All parties hereto and the Company agree that the arbitrator shall have the power to subpoena documents or parties as provided by law. The award of the Arbitrator arbitrator shall provide for an allocation among the parties of all costs and expenses of the arbitration on a basis that is just and equitable under the circumstances and shall award reasonable attorney’s fees to the prevailing party. The arbitrator shall have no power to award punitive damages except to the extent authorized by any applicable statute. Notices of demand for arbitration must be given in writing to the Company and the other Shareholders in accordance with Section 9.3 within a reasonable time after the claim has arisen but in no event later than the date when institution of legal or equitable proceedings based on such claim would be barred by the applicable statute of limitations. The award of the arbitrator shall be finalin writing, conclusive shall be based on the evidence admitted and the applicable law as determined by the arbitrator and shall contain a reasoned award for each claim. The award rendered by the arbitrator is final and binding on all the parties to this Contractparties, and judgment may be entered upon it by any court of competent jurisdiction.
Appears in 2 contracts
Sources: Stock Purchase and Shareholders Agreement, Stock Purchase and Shareholders Agreement (Earthfirst Technologies Inc)
Arbitration. Except where otherwise provided for in Either the Contract, all questions and disputes relating Company or Executive may require that any dispute under this Agreement be submitted to arbitration pursuant to this Section 11. To the meaning extent the provisions of this Section 11 vary from or are inconsistent with the Commercial Arbitration Rules of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship American Arbitration Association or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaidtribunal, the provisions of this Section 11 shall govern. All arbitrations shall occur at a location in Austin, Texas chosen by the arbitrators and shall be conducted pursuant to the Commercial Arbitration Act, 1940 Rules of the American Arbitration Association (or any statutory modification successor organization, of if no such successor organization exists, then from an organization composed of persons of similar professional qualifications). The party desiring arbitration shall give notice that effect to the other party and simultaneously therewith also shall give notice to the director of the Dallas, Texas regional office of the American Arbitration Association (or re-enactment thereof and any successor organization, or if no such successor organization exists, then to an organization composed of persons of similar professional qualifications), requesting such organization to select, as soon as possible but in any event within the rules made there under and next thirty (30) days, three (3) arbitrators with, if reasonably possible, recognized expertise in the subject matter of the arbitration. At the request of either party, the arbitrators shall authorize the service of subpoenas for the time being in forceproduction of documents or attendance of witnesses. Within thirty (30) days after their appointment, the arbitrators so chosen shall apply the arbitration proceeding under this clause. It is hold a term hearing at which each party may submit evidence, be heard and cross-examine witnesses, with each party having at least ten (10) days advance notice of the Contract hearing. The hearing shall be conducted such that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if Company and Executive shall have reasonably adequate time to present oral evidence or argument, but either party may present whatever written evidence it deems appropriate prior to the Contractor does not make any demand for arbitration in respect hearing (with copies of any claim(s) in writing within 90 days of receiving such written evidence being sent to the intimation from other party). In the Corporation that the bill is ready for acceptance event of the Contractorfailure, the claim refusal or inability of the Contractor will be deemed any arbitrator to have been waived and absolutely barred and the company act, a new arbitrator shall be discharged and released of all liabilities under appointed in his stead, which appointment shall be made in the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the awardsame manner as hereinbefore provided. The decision of the Engineer-in-charge regarding arbitrators so chosen shall be given within a period of thirty (30) days after the quantum conclusion of reduction such hearing, and shall be accompanied by conclusions of law and findings of fact. The decision in which any two arbitrators so appointed and acting hereunder concur shall in all cases be binding and conclusive upon the parties and shall be the basis for a judgment entered in any court of competent jurisdiction. The fees and expenses of arbitration under this Section 11 shall be apportioned to the Company and Executive in such a manner as well as justification thereof in respect of rates for substandard work, which decided by the arbitrators. The Company and Executive may be decided to be accepted, will be final at any time by mutual written agreement discontinue arbitration proceedings and would not be open themselves agree upon any such matter submitted to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contract.
Appears in 2 contracts
Sources: Employment Agreement (Capstar Broadcasting Partners Inc), Employment Agreement (Capstar Broadcasting Partners Inc)
Arbitration. Except where otherwise provided for in At the Contractelection of either you or us, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, rightdispute or controversy (“Claim”) by either you or us against the other, matter arising from or thing whatsoever relating in any way arising out of to this Agreement or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksyour Account, or their establishment, or any transaction or activity on your Account, including (without limitation) Claims based on contract, tort (including intentional torts), fraud, agency, negligence, statutory or regulatory provisions or any other source of law and (except as otherwise specifically provided in this Agreement) Claims regarding the execution applicability of this arbitration provision or failure to execute the same, whether arising during the progress validity of the work or after the completion or abandonment thereofentire Agreement, shall be referred resolved exclusively by arbitration. For purposes of this provision, “you” includes yourself, any authorized user on the Account, and any of your agents, beneficiaries or assigns, or anyone acting on behalf of the foregoing, and “we” or “us” includes our employees, parents, subsidiaries, affiliates, beneficiaries, agents and assigns, and to the sole arbitration extent included in a proceeding in which Farm Bureau Bank, FSB, is a party, its service providers and marketing partners. Any Claims sought to be made or remedies sought to be obtained as part of any class action, private attorney general or other representative action (hereafter all included in the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling term “class action”) shall be subject to act to the sole arbitration, of some and arbitrated on an individual basis between you and us, not on a class or representative or other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or differencecollective basis. The arbitrator shall not have any authority to whom the matter is originally referred being transferred entertain a claim, or vacating his office to award any relief, on behalf of or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person against anyone other than a person appointed by such Chairman & Managing Directornamed party to the arbitration proceeding. If any Claim is advanced in a court, as aforesaid should act as arbitrator and if for any reasonarbitration may be elected under this provision instead, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking right to elect arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and if the company shall be discharged and released election is made at any time before commencement of all liabilities under the Contract in respect of these claimstrial. The arbitrator(s) may from time to time with consent of the parties enlarge the timeARBITRATION WITH RESPECT TO A CLAIM IS BINDING AND NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION YOU AND WE WILL NOT HAVE THE RIGHTS THAT ARE PROVIDED IN COURT INCLUDING THE RIGHT TO A TRIAL BY JUDGE OR JURY AND THE RIGHT TO PARTICIPATE OR BE REPRESENTED IN PROCEEDINGS BROUGHT BY OTHERS SUCH AS CLASS ACTIONS OR SIMILAR PROCEEDINGS. IN ADDITION, THE RIGHT TO DISCOVERY AND THE RIGHT TO APPEAL ARE ALSO LIMITED OR ELIMINATED BY ARBITRATION. ALL OF THESE RIGHTS ARE WAIVED AND ALL CLAIMS MUST BE RESOLVED THROUGH ARBITRATION. Your Billing Rights: Keep this Document for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractFuture Use.
Appears in 2 contracts
Sources: Cardholder Agreement, Cardholder Agreement
Arbitration. Except where otherwise provided for as set forth in Section 8, Employee and Company agree that in the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of event a dispute arises concerning or relating to the Contractinterpretation, designsapplication or enforcement of this Agreement, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, such dispute shall be referred submitted to the sole binding arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms employment arbitration rules of American Arbitration Association (“AAA”) by a single impartial arbitrator experienced in employment law selected as follows: if Company and Employee are unable to agree upon an impartial arbitrator within ten days of a request for arbitration, the parties shall request a panel of employment arbitrators from AAA and alternatively strike names until a single arbitrator remains. The arbitration shall take place in Chicago, Illinois, and both Employee and Company agree to submit to the jurisdiction of the Contractarbitrator selected in accordance with AAA’s rules and procedures. Such person shall Employee and Company further agree that arbitration as provided for in this section will be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if exclusive remedy for any reasonsuch dispute and will be used instead of any court action, which is hereby expressly waived, except for any request by either Party hereto for temporary or preliminary injunctive relief pending arbitration in accordance with applicable law, or an administrative claim with an administrative agency. The Parties further agree that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount award of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitrationbinding on both parties. The arbitrator shall have discretion to award monetary and other damages, or no damages, and to fashion such other relief as the arbitrator deems appropriate. Company will be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date responsible for paying any filing fees and costs of the first hearing. The venue of Arbitration arbitration proceeding itself (for example, arbitrators’ fees, conference room, transcripts), but each Party shall be such place responsible for its own attorneys’ fees (except as may be fixed by the Arbitratorset forth in Section 10(g) below). COMPANY AND EMPLOYEE ACKNOWLEDGE AND AGREE THAT BY AGREEING TO ARBITRATE, in his sole discretion. The award of the Arbitrator shall be finalTHEY ARE WAIVING ANY RIGHT TO BRING AN ACTION AGAINST THE OTHER IN A COURT OF LAW, conclusive and binding all the parties to this ContractEITHER STATE OR FEDERAL, AND ARE WAIVING THE RIGHT TO HAVE CLAIMS AND DAMAGES, IF ANY, DETERMINED BY A JURY.
Appears in 2 contracts
Sources: Employment Agreement (Coeur Mining, Inc.), Employment Agreement (Coeur Mining, Inc.)
Arbitration. Except where Any dispute, claim or controversy arising under or in connection with this Agreement or Executive’s employment hereunder or the termination thereof shall (except to the extent otherwise provided for in Section 3(d) with respect to injunctive relief) be settled exclusively by arbitration administered by the ContractAmerican Arbitration Association (the “AAA”) and carried out in Cleveland, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, Ohio. The arbitration shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator conducted in accordance with the terms AAA’s Commercial Arbitration Rules in effect at the time of the Contractarbitration (the “AAA Rules”), except as modified herein. Such person There shall be entitled to proceed one arbitrator mutually selected by the Company and Executive, within thirty (30) days of receipt by respondent of the demand for arbitration. If the Company and Executive cannot mutually agree on an arbitrator within thirty (30) days, then an arbitrator shall be promptly appointed by the AAA in accordance with the reference from AAA Rules.
(i) The arbitration hearings shall (except to the stage at which his predecessor left itextent otherwise reasonably provided by the arbitrator for good cause or as otherwise mutually agreed by the parties) commence within forty-five (45) days after the appointment of the arbitrator; the arbitration shall (except to the extent otherwise reasonably provided by the arbitrator for good cause or as otherwise mutually agreed by the parties) be completed within sixty (60) days of commencement of the hearings; and the arbitrator’s award shall be made within thirty (30) days following such completion.
(ii) The arbitrator may award any form of relief permitted under this Agreement and applicable law, including damages and temporary or permanent injunctive relief, except that the arbitral tribunal is not empowered to award damages in excess of compensatory damages, and each party hereby irrevocably waives any right to recover punitive, exemplary or similar damages with respect to any dispute. It is also a The arbitrator shall have no jurisdiction to vary the express terms of this Contract that no person other than a person appointed by such Chairman & Managing DirectorAgreement. The Company and Executive shall equally bear all costs, as aforesaid should act as arbitrator fees and if for any reasonexpenses of the arbitration, provided, however, that is not possible, each party shall bear its own attorney’s fees. The arbitrator may award attorney’s fees. The award shall be in writing and shall state the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s.
(iii) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of rendered by the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will arbitrator shall be final and would not binding on the parties and may be open to arbitrationentered in any court of competent jurisdiction. The arbitrator shall be deemed parties waive, to have entered on the reference on fullest extent permitted by law, any rights to appeal to, or to seek review of such award by, any court. The parties further agree to obtain the date he issues notice arbitral tribunal’s agreement to both preserve the parties fixing the date confidentiality of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractarbitration.
Appears in 2 contracts
Sources: Senior Management Agreement (Sotera Health Co), Senior Management Agreement (Sotera Health Co)
Arbitration. Except where otherwise provided for in the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship Any controversy or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way claim arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksthis Agreement, or any alleged breach hereof shall be finally determined by a single arbitrator, jointly selected by Employee and Employer, provided that if Employee and Employer are unable to agree upon a single arbitrator after reasonable efforts, the execution or failure to execute arbitrator shall be an impartial arbitrator selected by the same, whether arising during American Arbitration Association. Each party hereto shall share equally the progress costs of the work arbitrator, and the parties agree that the costs of arbitration shall not be subject to reapportionment by the arbitrator; provided, however, that if following a termination of Employee’s employment that follows a Change in Control or after if following a termination of Employee’s employment for Good Reason that follows any person other than R▇▇▇▇ ▇. ▇▇▇▇▇ commencing service as the completion or abandonment thereofsenior most executive officer of MEDNAX, Employee seeks arbitration to enforce the terms of this Agreement, Employer shall bear all costs associated with such arbitration, including but not limited to all costs of the arbitrator, and shall reimburse Employee on a monthly basis for his reasonable legal and other expenses, including all fees, incurred in connection with any such arbitration. The arbitration proceedings shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limitedheld in Sunrise, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitrationFlorida, of some other person appointed unless otherwise mutually agreed by the Chairman & Managing Directorparties, willing to act as such arbitrator. There will and shall be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator conducted in accordance with the terms American Arbitration Association National Rules for the Resolution of Employment Disputes then in effect. Judgment on the Contractaward rendered by the arbitration panel may be entered and enforced by any court having jurisdiction thereof. Such person Any such arbitration shall be treated as confidential by all parties thereto, except as otherwise provided by law or as otherwise necessary to enforce any judgment or order issued by the arbitrators. Notwithstanding anything herein to the contrary, if Employer or Employee shall require immediate injunctive relief, then the party shall be entitled to proceed with seek such relief in any court having jurisdiction, and if the reference party elects to do so, the other party hereby consents to the jurisdiction of the state and federal courts sitting in the State of Florida and to the applicable service of process. Employee and Employer hereby waive and agree not to assert, to the fullest extent permitted by applicable law, any claim that (i) they are not subject to the jurisdiction of such courts, (ii) they are immune from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed any legal process issued by such Chairman & Managing Directorcourts and (iii) any litigation or other proceeding commenced in such courts is brought in an inconvenient forum. In the event that either party hereto brings suit seeking injunctive relief, as aforesaid should act as arbitrator the party found to be at fault shall pay all reasonable court costs and if for any reasonattorneys' fees of the other, whether such costs and fees are incurred in a court of original jurisdiction or one or more courts of appellate jurisdiction. Notwithstanding the foregoing, in the event that Employer brings suit against Employee seeking injunctive relief, Employer agrees to advance all of Employee’s reasonable legal and other expenses, including all fees, incurred by Employee in connection with such action, provided, however, that is not possibleif Employer ultimately prevails in seeking injunctive relief, the matter is not to be referred to arbitration at all. In Employee shall reimburse Employer all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) such advanced legal fees and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractother expenses.
Appears in 2 contracts
Sources: Employment Agreement (Mednax, Inc.), Employment Agreement (Mednax, Inc.)