Binding Arbitration of Disputes. 603 a) Any matter so referred to arbitration, including any question as to whether a matter is arbitrable, shall be heard by an independent arbitrator. The notice of the party referring the decision to arbitration shall contain the names of three neutral persons, any of whom it is prepared to accept as Arbitrator. The recipient o the notice shall within fourteen days advise the other party of either its acceptance of one of the proposed persons as the arbitrator or shall suggest the names of other neutral persons it proposes to act as Arbitrator. If the recipient of the notice fails to respond, or if the two parties fail to agree upon a neutral person to act as Arbitrator within the time limits, the appointment shall be made by the Minister of Labour upon the request of either party. The Arbitrator shall hear and determine the matter and shall issue a decision. The decision shall be final and binding upon the parties and upon any employee affected by it.
Binding Arbitration of Disputes. Any dispute or controversy between Executive, on the one hand, and Alaska (or any other Releasee), on the other hand, in any way arising out of, related to, or connected with this Agreement or the subject matter thereof, or otherwise in any way arising out of, related to, or connected with Executive’s employment with Alaska or the conclusion of Executive’s employment with Alaska, shall be resolved through final and binding arbitration before an arbitrator in King County, Washington. The arbitrator shall be selected by mutual agreement of the parties; if none, then by striking from a panel of seven arbitrators provided by the American Arbitration Association. By entering into this agreement to arbitrate, the parties voluntarily waive any right to have covered disputes decided by a court of law and/or jury. In the event of such arbitration, the prevailing party shall be entitled to recover all reasonable costs and expenses incurred by such party in connection therewith, including attorneys’ fees. The nonprevailing party shall also be solely responsible for all costs of the arbitration, including, but not limited to, the arbitrator’s fees, court reporter fees, and any and all other administrative costs of the arbitration, and promptly shall reimburse the prevailing party for any portion of such costs previously paid by the prevailing party. Any dispute as to the reasonableness of costs and expenses shall be determined by the arbitrator. Except as may be necessary to enter judgment upon the award or to the extent required by applicable law, all claims, defenses and proceedings (including, without limiting the generality of the foregoing, the existence of the controversy and the fact that there is an arbitration proceeding) shall be treated in a confidential manner by the arbitrator, the parties and their counsel, and each of their agents, and employees and all others acting on behalf of or in concert with them. Without limiting the generality of the foregoing, no one shall divulge to any third party or person not directly involved in the arbitration the contents of the pleadings, papers, orders, hearings, trials, or awards in the arbitration, except as may be necessary to enter judgment upon an award as required by applicable law. Any court proceedings relating to the arbitration hereunder, including, without limiting the generality of the foregoing, to prevent or compel arbitration or to confirm, correct, vacate or otherwise enforce an arbitration award, shal...
Binding Arbitration of Disputes. UNLESS OTHERWISE WAIVED BY THE PARTNERS, AND EXCEPT FOR ANY DEADLOCK OF THE MANAGEMENT COMMITTEE, ANY DISPUTE, CONTROVERSY OR CLAIM BETWEEN THE PARTNERS ARISING OUT OF OR RELATING TO THIS AGREEMENT EITHER DURING OR AFTER THE TERM HEREOF (INCLUDING THE QUESTION AS TO WHETHER ANY PARTICULAR MATTER IS ARBITRABLE) SHALL BE SOLELY AND FINALLY SETTLED BY ARBITRATION CONDUCTED IN LOS ANGELES COUNTY, CALIFORNIA, IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION THEN IN FORCE (THE "RULES"). THE PARTNER REQUESTING ARBITRATION SHALL SERVE UPON THE OTHER PARTNERS TO THE CONTROVERSY, DISPUTE OR CLAIM A WRITTEN DEMAND FOR ARBITRATION STATING THE SUBSTANCE OF THE CONTROVERSY, DISPUTE OR CLAIM, THE CONTENTION OF THE PARTNER REQUESTING ARBITRATION, AND THE NAME AND ADDRESS OF THE ARBITRATOR APPOINTED BY IT. THE RECIPIENTS OF SUCH DEMAND SHALL WITHIN TWENTY (20) DAYS AFTER SUCH RECEIPT APPOINT AN ARBITRATOR AND NOTIFY THE PARTNER REQUESTING ARBITRATION OF THE IDENTITY OF THE ARBITRATOR SO SELECTED, AND THE TWO ARBITRATORS SHALL APPOINT A THIRD, AND THE DECISION OR AWARD OF ANY TWO ARBITRATORS SHALL BE FINAL AND BINDING UPON THE PARTIES. IN THE EVENT THAT THE TWO ARBITRATORS FAIL TO APPOINT A THIRD ARBITRATOR WITHIN TWENTY (20) DAYS OF THE APPOINTMENT OF THE SECOND ARBITRATOR, EITHER ARBITRATOR, OR ANY PARTY TO THE ARBITRATION, MAY APPLY TO A JUDGE OF THE UNITED STATES DISTRICT COURT IN AND FOR THE CENTRAL DISTRICT OF THE STATE OF CALIFORNIA FOR THE APPOINTMENT OF THE THIRD ARBITRATOR, AND THE APPOINTMENT OF SUCH ARBITRATOR BY SUCH JUDGE ON SUCH APPLICATION SHALL HAVE PRECISELY THE SAME FORCE AND EFFECT AS IF SUCH ARBITRATOR HAD BEEN APPOINTED BY THE TWO ARBITRATORS. IF FOR ANY REASON THE THIRD ARBITRATOR CANNOT BE APPOINTED IN THE MANNER PRESCRIBED BY THE PRECEDING SENTENCE, EITHER REGULARLY APPOINTED ARBITRATOR OR EITHER PARTY TO THE ARBITRATION, MAY APPLY TO THE AMERICAN ARBITRATION ASSOCIATION FOR APPOINTMENT OF THE THIRD ARBITRATOR IN ACCORDANCE WITH THE RULES. SHOULD THE PARTIES UPON WHOM THE DEMAND FOR ARBITRATION HAS BEEN SERVED FAIL OR REFUSE TO APPOINT AN ARBITRATOR WITHIN 20 DAYS, THE SINGLE ARBITRATOR SHALL HAVE THE RIGHT TO DECIDE ALONE. THE ARBITRATORS SHALL HAVE THE POWER TO GRANT ALL LEGAL AND EQUITABLE REMEDIES AND AWARD COMPENSATORY DAMAGES PROVIDED BY CALIFORNIA LAW, BUT SPECIFICALLY SHALL NOT HAVE THE POWER TO AWARD PUNITIVE DAMAGES. THE PARTIES TO THE ARBITRATION SHALL BE ENTITLED TO CONDUCT DISCOVERY, AS MAY BE ...
Binding Arbitration of Disputes. (i) Any controversy, claim, or dispute between the parties (each, a “Dispute”), including any claim based on contract, tort or statute, arising out of or relating to the rights or obligations of the parties under this Agreement shall be resolved in accordance with this Section. Venue or location for any arbitration pursuant to this Agreement shall be referred to the office of American Arbitration Association (“AAA”) closest to the principal office of the Company in Palm Beach County, Florida. Any and all arbitration shall be conducted by a single arbitrator appointed in accordance with the rules of the AAA, as modified herein, and in accordance with its Commercial (or other) Arbitration Rules.
Binding Arbitration of Disputes. Any dispute between the parties hereto, whether arising out of contract, tort or otherwise, or law, equity or otherwise, shall be submitted to binding arbitration before the American Arbitration Association in Ventura County, California under the rules relating to commercial arbitrations. Each party to any such dispute shall be entitled to serve one set of pre-arbitration requests for production of documents, containing not more that ten categories of documents to be produced, which shall be described with particularity therein, and shall be entitled to notice and take no more than two pre-arbitration depositions. Any disputes relating to such pre-arbitration discovery shall be submitted to the arbitrator.
Binding Arbitration of Disputes. Any Dispute which is not settled in accordance with the provisions of Section 4.1 of this Agreement shall be submitted to binding arbitration to be conducted in accordance with the following procedure:
Binding Arbitration of Disputes. Any dispute or controversy relating to this Agreement or any services or charges by BetterSea (including, but not limited to, disputes or claims regarding breach of contract, fraud, or violation of any rule or statute) that cannot be resolved by discussion or negotiation, will be resolved exclusively through final and binding arbitration rather than by litigation in court. Such binding arbitration will take place in Los Angeles County, California in accordance with California substantive and procedural law, other than choice-of-law principles, under the auspices of J.A.M.S and before a retired judge or justice. If the parties are unable to agree upon a retired superior court judge or appellate judge or justice, the matter will be submitted to J.A.M.S. and the administrator will select three names for submission to the parties. Each party will have a right to strike one name and the remaining judge listed will be the arbitrator for all purposes. The fees of the arbitrator will be paid initially equally by Aura and BetterSea. However, the arbitrator shall have the right to order either party to pay all fees and costs as part of an award. All aspects of the arbitration shall be treated as confidential and neither the parties nor the arbitrator(s) may disclose the content or result of the arbitration, except as necessary to comply with legal or regulatory requirements. The result of the arbitration shall be binding on the parties and judgment on the arbitrator’s award may be entered in any court having jurisdiction. The prevailing party in any arbitration or legal proceeding arising from or relating to this Agreement or the services provided hereunder will be entitled to recover as costs the reasonable expenses incurred therewith, including, without limitation, reasonable attorneys’ fees, arbitrator fees, expert fees, court reporter fees, filing fees, and deposition fees, whether or not such costs are otherwise recoverable pursuant to the California Code of Civil Procedure.
Binding Arbitration of Disputes. Client understands and agrees that any dispute between the parties to this Agreement, arising out of or in any way related to any provision of this Agreement and/or Services of Provider, including, but not limited to, disputes over fees or claims of malpractice, negligence, breach of contract, breach of fiduciary duty, fraud, or any other claim, shall be submitted to BINDING ARBITRATION. Such binding arbitration shall be undertaken by JAMS San Francisco, and the outcome of which shall be binding upon the parties. The prevailing party to any such binding arbitration shall be entitled, in addition to such other relief as may be granted, to reasonable attorneys’ fees and necessary costs and expenses as a result of such binding arbitration. The decision of the arbitrator shall be final and binding on the parties, and may be entered as a binding judgment of the parties by any court of competent jurisdiction. The prevailing party shall also be entitled to reasonable attorneys’ fees, costs and expenses related to the enforcement of the arbitration decision, whether or not suit is filed. CLIENT UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT ANY AND ALL DISPUTES HEREUNDER SHALL BE SUBMITTED TO FINAL, BINDING ARBITRATION. AS SUCH, CLIENT UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT, BY SUBMITTING ANY AND ALL DISPUTES TO BINDING ARBITRATION, CLIENT UNCONDITIONALLY WAIVES, FULLY AND FINALLY, ANY AND ALL CONSTITUTIONAL RIGHTS CLIENT MAY HAVE OTHERWISE HAD TO A JURY OR COURT TRIAL OF SAID DISPUTE ARBITRATION CLAUSE UNDERSTOOD, ACCEPTED AND AGREED TO: CLIENT DATE
Binding Arbitration of Disputes. As the exclusive means of initiating adversarial proceedings to resolve any dispute arising out of this JDA (“DISPUTE”) that the PARTIES are unable to resolve within 90 days after written notice by one PARTY to the other of the existence of such DISPUTE, either PARTY may demand that any such DISPUTE be resolved by arbitration administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s commercial arbitration rules. Each PARTY hereby consents to any such DISPUTE being so resolved. The arbitration will be conducted in New York, U.S.A. except as may otherwise be agreed by the PARTIES. Each DISPUTE will be submitted to a single impartial arbitrator mutually selected by the PARTIES. No discovery by either PARTY will be permitted unless the arbitrator determines that the PARTY requesting such discovery has a substantial, demonstrable need. The arbitrator will make final determinations as to any discovery disputes and all other procedural matters. If any PARTY fails to comply with the procedures in any arbitration in a manner deemed material by the arbitrator, then the arbitrator will fix a reasonable time for compliance, and if the PARTY does not comply within such period, then a remedy deemed just by the arbitrator, including an award of default, may be imposed. The decision of the arbitrator will be rendered no later than 120 days after commencement of the arbitration period. The costs of arbitration will be borne by the PARTY against whom the arbitral decision is made. Judgment on any award rendered in any such arbitration will be binding upon the PARTIES and will be enforceable by any court of competent jurisdiction. [*] INDICATES CONFIDENTIAL PORTION HAS BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT AND HAS BEEN FILED SEPARATELY WITH THE COMMISSION
Binding Arbitration of Disputes. Except as is necessary to specifically enforce, or enjoin the breach of, this Agreement (to the extent such remedies are otherwise available), the Parties agree that any disputes that may arise in connection with, arising out of or relating to this Agreement, or any dispute that relates in any way, in whole or in part, to Employee's employment with the Company, the cessation of that employment or any other dispute by and between the Parties, including any and all claims Employee or the Company may later attempt to assert against any of Company Released Parties or Employee Released Parties, respectively, as defined in Section 3, above, shall be submitted to binding arbitration in Tucson, Arizona pursuant to the National Rules for the Resolution of Employment Disputes of the American Arbitration Association. This arbitration provision shall be governed by and construed and enforced pursuant to the Federal Arbitration Act. The Parties agree that each shall bear his or its own attorneys' fees and costs in connection with any such arbitration, though the arbitrator or arbitration panel may (as part of the arbitration award or determination) otherwise allocate such attorneys' fees and costs. Should either Party pursue any other legal or administrative action with respect to any matter included within this binding arbitration provision, the responding Party shall be entitled to recover its costs, expenses and attorneys' fees incurred as a result of such action.
