Binding Arbitration Process Clause Samples

Binding Arbitration Process. 19.3.1 Any Dispute not resolved in accordance with 19.2 “Mediated Negotiation Process” shall be resolved by final and binding arbitration in accordance with the rules of the ISTAC according to the arbitration clause of Circular Nr.2016/25 published in the Official Gazette dated November 19th 2016 , Nr.29893. 19.3.2 The arbitration shall be held in Istanbul using a single arbitrator. In the event that the dispute is valued in excess of $100,000 USD, either Party shall have the right through notification of the other Party to invoke the use of a three arbitrator panel. When a three arbitrator panel is used, each Party shall appoint one arbitrator from the ISTAC provided list of arbitrators after which the appointed arbitrators shall select the neutral arbitrator. All arbitration proceedings shall be conducted in English. 19.3.3 Except in the case of a Party choosing to ignore the requirements of this Article 19 as further clarified in Article 19.4.3 below, the Party against whom a finding has been made shall bear all reasonable expenses relating to the arbitration procedure inclusive of the cost of the arbitrators, the other Party‘s legal expenses and any other costs that the arbitration panel decides upon. 19.3.4 The Parties agree that the dispute resolution priority set forth in this Article 19 is a material term of this Agreement and that the damages for failure to comply with the dispute resolution priority are and would be difficult to measure. Consequently, the Parties hereby agree that in the event a Party breaches this Agreement by taking actions that ignore the dispute resolution priority set forth in this Article 19, the other Party may notify the electing Party in writing within 10 business days of such action stating that said action is ignoring the dispute resolution priority identified herein. After such notification is delivered, the electing Party may cure the breach by immediately reverting to and continuing to follow the dispute resolution priority set forth in this Article 19. In the event that the Party continues to make such an election to ignore the dispute resolution priority after being notified of breach pursuant to the above requirements, the electing Party shall be obligated to pay for all (internal and external) costs, fees and expenses, including attorneys’ fees of the other Party regardless of how the dispute is ultimately decided. In other words, any Party electing to ignore the dispute resolution priority set forth in this Art...
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Binding Arbitration Process. Subject to prior compliance with the Meet and Confer process set forth in Section 19(D), and the Notice and Response process set forth in Sections 19(E) and (F), and except as provided in Section 19(G), either party has the right to initiate binding arbitration to resolve any dispute arising under this MOU. The arbitration shall be conducted in accordance with the following procedures: i) The arbitration will be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. ii) The arbitration will be held in Klamath, California, unless otherwise agreed. The arbitrator will be empowered to grant compensatory, equitable, and declaratory relief. The provisions of California Code of Civil Procedure § 1283.05 are incorporated into, and made part of, this MOU; provided, however, that no discovery authorized by said section may be conducted without leave of the arbitrator, who will decide to grant leave based on the need of the requesting party and the burden of such discovery and light of the nature and complexity of the dispute. iii) If either party requests an oral hearing, the arbitrator will set the matter for hearing. Otherwise, the arbitrator will decide whether to set the matter for hearing. iv) The resulting award will be issued in writing and set forth the reasons for the decision. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Costs and expenses of the American Arbitration Association and the arbitrator will be shared equally by the Parties.
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Binding Arbitration Process. In the event the parties are unable to reach agreement through the mediation process, the matter in dispute shall be submitted to binding arbitration. The parties agree that the order resulting from the arbitration process shall be deemed a final and conclusive resolution of the matter in dispute. The parties shall agree on the appointment of an arbitrator who shall be experienced in matters of local government and the legal obligations of local government entities. It is understood and agreed that the parties may agree upon the appointment of that person who conducted the mediation portion of this process as the arbitrator, but are not bound to do so. In the event the parties are unable to agree upon an arbitrator within fifteen (15) days, each party will appoint an independent third party, and the third parties so appointed shall select a mediator within fifteen (15) days of their appointment. Arbitration shall be completed no later than ninety (90) days after an arbitrator is selected by the parties or by the independent third parties. The procedures and methodology for binding arbitration shall be determined by the arbitrator, but shall be in compliance with applicable law.
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Binding Arbitration Process 
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Related to Binding Arbitration Process

  • Binding Arbitration If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website ▇▇▇.▇▇▇.▇▇▇. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. [If such costs are determined to by the arbitrator to be excessive, we will pay all arbitration fees and expenses.] The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in [name of county] County, [name of state]. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in [name of county] County, [name of state], and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions. In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

  • Mandatory Binding Arbitration The Parties agree to submit to binding arbitration any claims that they may have against each other, of any nature whatsoever, other than those prohibited by law, pursuant to the New Mexico Uniform Arbitration Act, and hereby waive any rights to file suit in a court of law on any such claims.

  • Final and Binding Arbitration If the grievance has not been resolved at Step 2, either party to this Agreement may refer unsettled grievances to final and binding arbitration.

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