Binding Arbitration Procedure. The following binding arbitration procedure, except as provided in Subsection 18.4(G) below, shall serve as the exclusive method to resolve a dispute if any Party chooses not to accept the decision of the Neutral Evaluator. The Party requesting binding arbitration shall notify the Neutral Evaluator in writing within three Days of receipt of the Neutral Evaluator’s decision of a request for arbitration. If the Job Order Contractor requests arbitration it shall post a cash bond with the Neutral Evaluator in an amount agreed upon by the Parties or, in the event of no agreement, the Neutral Evaluator shall establish the amount of the cash bond to defray the cost of the arbitration as set forth in Subsection 18.4(M) and the proceeds from the bond shall be allocated in accordance with Subsection 18.4(M) by the Arbitration Panel.
Binding Arbitration Procedure. Following commencement of the WARRANTY PERIOD, any claim, controversy or dispute (hereafter collectively referred to as “dispute”) between YOU and US, or parties acting on YOUR or OUR behalf, including PWC, and any successor, or assign of either YOU or US, which relates to or arises from this LIMITED WARRANTY, or the design or construction of the HOME or the COMMON ELEMENTS, or the sale of the HOME or transfer of title to the COMMON ELEMENTS, will be resolved solely by binding arbitration and not through litigation in court before a judge or jury. This agreement to arbitrate is intended to inure to the benefit of, and be enforceable by, OUR contractor, subcontractors, agents, vendors, suppliers, design professionals, materialmen, and any of OUR direct or indirect subsidiaries or related entities alleged to be responsible for any CONSTRUCTION DEFECT. Disputes subject to binding arbitration include, but are not limited to:
Binding Arbitration Procedure. Unless the parties have agreed ----------------------------- upon the selection of the Arbitrator before then, the AAA shall appoint the Arbitrator as soon as practicable, but in any event within thirty (30) days after the submission to AAA for binding arbitration. The Arbitrator's award shall be a final and binding determination of the dispute and shall be fully enforceable as an arbitration award by the California courts in accordance with the California Arbitration Law. The prevailing party shall be entitled to recover its reasonable attorneys' fees and expenses, including arbitration administration fees, incurred in connection with such proceeding. Neither party nor the Arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
Binding Arbitration Procedure. Unless the parties have agreed upon ----------------------------- the selection of the Arbitrator before then, the AAA shall appoint the Arbitrator as soon as practicable, but in any event within thirty (30) days after the submission to AAA for binding arbitration. The arbitration hearings shall commence within forty-five (45) days after the selection of the Arbitrator. Unless the Arbitrator otherwise directs, each party shall be limited to three (3) pre-hearing depositions lasting no longer than six (6) hours each. The parties shall exchange documents to be used at the hearing no later than ten (10) days prior to the hearing date. Unless the Arbitrator otherwise directs, each party shall have no longer than three (3) days to present its position, the entire proceedings before the Arbitrator shall be on no more than eight (8) hearing days within a three (3) week period. The Arbitrator's award shall be made no more than thirty (30) days following the close of the proceeding. The Arbitrator's award may not include consequential, exemplary, or punitive damages. The Arbitrator's award shall be a final and binding determination of the dispute and shall be fully enforceable in any court of competent jurisdiction. The prevailing party shall be entitled to recover its reasonable attorneys' fees and expenses, including arbitration administration fees, incurred in connection with such proceeding. Except in a proceeding to enforce the results of the arbitration, neither party nor the Arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
Binding Arbitration Procedure a. PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES RESOLUTION OF DISPUTES THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT.
Binding Arbitration Procedure. Unless the parties have agreed upon the selection of the Arbitrator before then, the AAA shall appoint the Arbitrator as soon as practicable, but in any event within thirty (30) days after the submission to AAA for binding arbitration. The Arbitrator’s award shall be a final and binding determination of the dispute and shall be fully enforceable as an arbitration award by the New York courts in accordance with New York law. The prevailing party in such arbitration shall be entitled to recover its reasonable attorneys’ fees and expenses, including arbitration administration fees, incurred in connection with such proceeding. Neither party nor the Arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
Binding Arbitration Procedure. Unless the parties have agreed upon the selection of the Arbitrator before then, the AAA shall appoint the Arbitrator as soon as practicable, but in any event within thirty (30) days after the submission to AAA for binding arbitration. The arbitration hearings shall commence within forty-five (45) days after the selection of the Arbitrator. Unless the Arbitrator otherwise directs, each party shall be limited to two pre-hearing depositions each lasting no longer than 6 hours. The parties shall exchange documents to be used at the hearing no later than ten (10) days prior to the hearing date. Unless the Arbitrator otherwise directs, each party shall have no longer than ten (10) hours to present its position, the entire proceedings before the Arbitrator shall be on no more than three (3) hearing days within a two week period. At the close of evidence, each side shall submit a proposed award to the Arbitrator, one of which shall be selected by the Arbitrator. The
Binding Arbitration Procedure a. if the grievance has not been satisfactorily resolved in the above stages, either party to this agreement (the Board or the CTA and no other person) may, within five school days of the determinations required by 32.16 c.4 above, make a written demand for arbitration to the Public employment relations board in accordance with its rules and Procedures then prevailing. The arbitrator so appointed must be mutually approved by the parties to this agreement.
Binding Arbitration Procedure. 20.2.1 Subject to compliance with the meet and confer process stated above, either party may initiate binding arbitration to resolve any dispute regarding a term of this Agreement except for those disputes expressly excluded from arbitration, such as those so designated in Exhibit A, and any dispute regarding a Tribal Commercial Development Project arising out of a party's alleged failure to meet its obligations under this Agreement, including the duty to enter into an Intergovernmental Mitigation Agreement where required, unless expressly exempted from arbitration by the terms of this Agreement.
Binding Arbitration Procedure. 1. The Parties agree that disputes (other than those referred to in Section 17.4 (Dispute Resolution) shall be resolved solely and exclusively by final and binding arbitration (“Arbitration”) to be conducted before the International Chamber of Commerce (“ICC”) or its successor, and shall be conducted under the ICC Rules of Arbitration, as amended from time to time, except as provided in this Schedule 17.4. Arbitration shall be initiated by a Party by sending the other Party a written notice of Arbitration to the legal contacts identified on Schedule 17.11 (Notice).
