Construction; Arbitration Sample Clauses

The 'Construction; Arbitration' clause establishes how disputes related to the interpretation or enforcement of the contract will be resolved, specifically by requiring arbitration rather than litigation. Typically, this clause outlines the process for initiating arbitration, the selection of arbitrators, and the rules or forum that will govern the proceedings. By mandating arbitration, the clause aims to provide a private, often faster and less formal method for resolving conflicts, thereby reducing the time and costs associated with court litigation and ensuring a clear, agreed-upon process for dispute resolution.
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Construction; Arbitration. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina. All controversies relating to this Agreement, including but not limited to whether such controversy is subject to arbitration, shall be resolved by binding arbitration conducted in Greensboro, North Carolina under the North Carolina Revised Uniform Arbitration Act and, to the extent permitted by such Act, the Employment Arbitration Rules and Mediation Procedures of the American Arbitration Association in effect at the time a demand for arbitration is made. The arbitrator may award attorney’s fees and expenses. The arbitrator’s decision and award shall be exclusive, final, and binding on the parties, and their respective heirs, executors, administrators, successors, and assigns.
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Construction; Arbitration. This Agreement shall be construed and enforced under the laws of the State of Nevada, Clark County. Any controversy arising out of or rel▇▇▇▇▇ to the performance or interpretation of this Agreement shall be subject to arbitration, under the laws of the State of Nevada and in Las Vegas, Nevada. Notwithstanding the preceding paragraph, the designation of venue and choice of law is for the sole convenience of the parties hereto, and any such party may be represented during said arbitration by their corporate counsel or other such counsel of their choosing, regardless of whether they are a member of the State Bar of Nevada. Arbitration shall be conducted by a retired Nevada District Court Judge with experience in trying issues and disputes of similar kind to the dispute at issue herein, who may award any remedy that is just and equitable in his/her opinion and such judgement may be entered in a court of competent jurisdiction on any award rendered hereunder. If the parties cannot mutually agree on an arbitrator, then any court of competent jurisdiction, shall on upon application appoint an arbitrator consistent with qualifications required in this paragraph. Evidence presented at the arbitration shall be admitted or excluded in accordance with the NEVADA EVIDENCE CODE. If any party refuses or neglects to appear at or to participate in arbitration proceedings after reasonable notice, the arbitrator is empowered to decide the controversy in accordance with whatever evidence is presented by the party or parties who do participate. The arbitrator will award to the prevailing party or parties such sums as are proper to compensate for the time, expense and trouble of arbitration, including arbitrations fees plus attorney fees, which attorney's fee award shall not exceed ten percent (10%) of the arbitration award. The arbitrator will retain the jurisdiction of a controversy even if a party or parties to dispute will not or cannot be joined in the arbitration proceedings.
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Construction; Arbitration. (a) In any case where this Lease expressly provides for the resolution of a dispute by Construction Arbitration, either Owner or Tenant may, by notice to the other, require that the dispute in question be presented for resolution to the first available arbitrator set forth on Exhibit H to this Lease. In the event the first named arbitrator listed on that Exhibit is not available or is unwilling to serve, the arbitrator next set forth on the list shall be engaged, and so on, until arriving at an available arbitrator. (b) The parties shall make whatever presentations they wish and present whatever evidence they wish to the arbitrator with respect to the dispute in question, including whether or not such dispute is subject to the dispute resolution mechanism of this Section, within five (5) Business Days of receipt of an arbitration notice. Within three (3) Business Days thereafter, the arbitrator shall attempt to cause Owner and Tenant to agree on a resolution to the dispute and, failing that, the arbitrator shall make a decision in writing. The expenses of arbitration shall be shared equally by Owner and Tenant but each party shall be responsible for the fees and disbursements of its own attorneys and the expenses of its own proof; provided, however, the Prevailing Party’s reasonable costs and expenses (including attorneys’ fees and disbursements) shall be paid or reimbursed by the unsuccessful party. Owner and Tenant shall sign all documents and to do all other things necessary to submit any such matter to such arbitration and further shall, and hereby do, waive any and all rights they or either of them may at any time have to revoke their agreement hereunder to submit to such arbitration and to abide by the decision rendered thereunder. This arbitration procedure shall be the exclusive remedy under this Lease as to disputes to be resolved by Construction Arbitration and neither Owner nor Tenant shall have any right to seek any injunctive or other mandatory relief in connection therewith. (c) If at any time any of the named arbitrators, retires, is disqualified by Owner or Tenant for a legitimate reason reasonably determined by Owner or Tenant, or elects to withdraw from the list, Owner and Tenant shall agree on a replacement arbitrator within five (5) Business Days after notice thereof. If Owner and Tenant fail to so agree, either may apply to the President of the Real Estate Board of New York, Inc. to appoint a replacement arbitrator. All newly chosen ar...
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Construction; Arbitration. This Agreement shall be construed in accordance with and governed by the laws of the State of Ohio. Any controversy or claim arising out of or relating to this Agreement or the breach thereof, shall be settled by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association and judgment upon the award rendered by the arbitrator may be entered in any Court having jurisdiction thereof. Unless otherwise required by said rules, the arbitration shall be conducted by a single arbitrator who shall not be authorized to award punitive or exemplary damages to either party, The arbitration shall be held in Cincinnati, Ohio. The award of the arbitrator shall be final and binding. Each party shall bear its own attorney's fees associated with the arbitration and other costs and expenses of the arbitration shall be born as provided by the rules of the American Arbitration Association.
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Construction; Arbitration. This Agreement shall be governed and construed in accordance with the laws of the State of California. Any dispute or controversy between you on the one hand, and the Company, on the other hand, in any way arising out of, related to, or connected with this Agreement or subject matter thereof, or otherwise in any way arising out of, related to, or connected with your services hereunder with the Company shall be resolved through final binding arbitration in Los Angeles, California before a sole arbitrator selected from Judicial Arbitration and Mediation Services, Inc. or its successor (“JAMS”), or if JAMS is no longer able to supply the arbitrator, such arbitrator shall be selected from the American Arbitration Association. Final resolution of any dispute through arbitration may include any remedy or relief which the Arbitrator deems just and equitable, including any and all remedies provided by applicable state or federal statutes. At the conclusion of the arbitration, the Arbitrator shall issue a written decision that sets forth the essential findings and conclusions upon which the Arbitrator’s award or decision is based. Any award or relief granted by the Arbitrator hereunder shall be final and binding on the parties hereto and may be enforced by any court of competent jurisdiction. The parties agree that the Company shall be responsible for payment of all costs unique to arbitration, including the Arbitrator’s fee.
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Construction; Arbitration. (a) THIS AGREEMENT, THE OTHER PRINCIPAL DOCUMENTS AND THE LEGAL RELATIONS OF THE COMPANY AND THE LENDER HEREUNDER AND THEREUNDER SHALL IN ALL RESPECTS BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO PRINCIPLES REGARDING THE CHOICE OF LAW. THE COMPANY AND THE LENDER HEREBY CONSENT AND SUBMIT TO THE JURISDICTION OF THE COURTS OF THE STATE OF NEW YORK AND THE FEDERAL DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK FOR THE PURPOSES OF ANY SUIT, ACTION OR OTHER PROCEEDING ARISING OUT OF THEIR RESPECTIVE OBLIGATIONS HEREUNDER AND UNDER THE OTHER PRINCIPAL DOCUMENTS, AND EXPRESSLY WAIVE ANY OBJECTIONS THAT EITHER OF THEM MAY HAVE TO THE VENUE OF SUCH COURTS. THE COMPANY AND THE LENDER HEREBY EXPRESSLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION BROUGHT ON OR WITH RESPECT TO THIS AGREEMENT AND/OR THE OTHER PRINCIPAL DOCUMENTS. (b) Notwithstanding the foregoing provisions of Section 8.10(a), upon demand of any party hereto, whether made before or after institution of any judicial proceeding, any claim or controversy arising out of or relating to the Principal Documents between parties hereto (a “Dispute”) shall be resolved by binding arbitration conducted under and governed by the Commercial Financial Disputes Arbitration Rules (the “Arbitration Rules”) of the American Arbitration Association (the “AAA”) and the Federal Arbitration Act. The number of arbitrators shall be three. Each party shall nominate an arbitrator, who shall be neutral, independent, and disinterested, and the two so chosen shall appoint the third arbitrator, who shall be neutral, independent and disinterested and who shall act as the chairperson. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, then the third arbitrator shall be selected by the AAA. The place of the arbitration shall be New York, New York, provided however, that hearings may be held elsewhere for the convenience of the parties or to obtain evidence or testimony from any person, including without limitation, the testimony, documentary evidence, or deposition of any non-party. Disputes may include, without limitation, tort claims, counterclaims, a dispute as to whether a matter is subject to arbitration, claims brought as class actions, or claims arising from documents executed in the future. The arbitrators are not empowered and shall not have the authority to award damages such as punitive, exemplary, or statutory damage...
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Related to Construction; Arbitration

  • Mediation/Arbitration a. In the event of any dispute under this Agreement, the parties hereto desire to avoid litigation. Accordingly, the aggrieved party will give notice of the dispute to the other party and both parties will attempt to settle the dispute during the thirty (30) day period following such notice. If such dispute remains unsettled, the parties agree to then submit such dispute to mediation. If the parties cannot agree on a mediator, each will select a mediator and the two chosen mediators will select a third mediator who shall alone hear the dispute. Such mediation will, if possible, be conducted during the sixty (60) day period following expiration of the thirty (30) day period. If such mediation fails to resolve the dispute, the parties agree such dispute will be submitted to final and binding arbitration in accordance with the rules of the American Arbitration Association. Unless otherwise directed by the arbitrator, such arbitration must be concluded within ninety (90) days of the expiration of the sixty (60) day period previously specified for mediation. If the parties cannot agree on a single arbitrator, each will select an arbitrator, and the two chosen arbitrators will select a third arbitrator who shall alone decide the dispute. Any mediation or arbitration conducted hereunder will be conducted in Knoxville, Tennessee. The parties hereto shall equally share the costs of mediation (including the mediator’s fees and expenses and costs directly related to the conduct of the mediation, but excluding each party’s direct costs for transportation, attorneys, etc., for which each will be responsible). If any party fails to participate in mediation or arbitration after receipt of notice thereof, then each party hereto agrees that the other party shall have the right to proceed immediately to arbitration and that such other party shall be entitled to select the arbitrator in its sole discretion. Each party further agrees that, in such event, such arbitrator shall have the right to decide the dispute as if the non- participating party were participating in the arbitration and that such decision shall be final and binding upon each party hereto.

  • Dispute Resolution; Arbitration (a) At the option of Company or Executive, and to the extent permitted by applicable law, any dispute, controversy or question arising under, based on or relating to this Agreement, or any breach or failure to comply with the terms hereof (each a “Dispute”), shall be finally and exclusively resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules (the “AAA Rules”). Unless otherwise agreed by the Parties, arbitration of any Dispute shall be conducted before a single arbitrator selected by the Parties and the forum and venue for such arbitration shall be AAA’s Los Angeles Regional Center in Los Angeles, California. Each Party hereby submits to AAA and the selected forum for the arbitration of any Dispute, waives any objection to the venue of such arbitration, and agrees that service of process and other notices, pleadings and documents in any arbitration or proceeding hereunder may be delivered to a Party in accordance with the provisions governing “Notices” in this Agreement. (b) If the Parties are unable to agree upon a neutral arbitrator within thirty (30) days after a Party notifies the other Party in writing of its intent to submit a Dispute to arbitration, either Party may apply to AAA for the appointment of an arbitrator or, if AAA is not then in existence or declines to act, either Party may apply to the Presiding Judge of the Superior Court of any county in the State of California for the appointment of a neutral arbitrator to hear the Parties and settle the Dispute and such Judge is hereby authorized to make such appointment. (c) If the Parties so agree in writing, and subject to the consent of the single arbitrator, hearings and proceedings conducted in the arbitration of any Dispute hereunder may be conducted remotely by secure video conferencing technology that is acceptable to the Parties. (d) The decision or award of the arbitrator shall be in writing and shall set forth detailed reasoning for the award. Discovery shall be conducted expeditiously, bearing in mind the objective of limiting discovery and expediting the decision or award of the arbitrator at the most reasonable cost and expense to the Parties. The decision of the arbitrator shall be final, conclusive and binding on the Parties and no action at law or in equity shall be instituted or, if instituted, prosecuted by either Party other than to enforce the award of the arbitrator. Judgment upon an award rendered pursuant to such arbitration may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award and/or an order of enforcement, as the case may be.

  • Step 4 - Arbitration If a grievance is not satisfactorily resolved at Step 3, the Union may submit the grievance to Arbitration. If a written notice of intent to file under the Arbitration Procedure is not received by the Manager of Labor Relations (or designee) within fourteen

  • Expedited Arbitration (a) The parties may meet, to review outstanding grievances filed at arbitration to determine those grievances suitable for this process, and will set dates and locations for hearings of groups of grievances considered suitable for expedited arbitration. (b) All grievances will be considered suitable for and resolved by expedited arbitration except grievances in the nature of: (1) dismissals; (2) rejection on probation; (3) suspensions in excess of 20 workdays; (4) policy grievances; (5) grievances requiring substantial interpretation of a provision of the collective agreement; (6) grievances requiring presentation of extrinsic evidence; (7) grievances where a party intends to raise a preliminary objection;

  • Expedited Arbitration Procedure The expedited procedure shall be used for either grievances involving Articles exclusively applying to temporary workers or, with the mutual agreement of the Employer and Union, for other grievances. For grievances that do not involve Articles exclusively applying to temporary workers, either the Employer or Union may request in writing that the expedited arbitration procedure be used at the time the Parties are scheduling dates with the arbitrator. (a) The Employer and Union will develop a stipulation of facts and use affidavits and other time-saving methods whenever possible and when mutually agreed upon. (b) Case presentation will be limited to preliminary opening statements, brief recitation of facts, witness presentation and closing oral argument. No post hearing briefs shall be filed or transcripts made. The hearing will be completed within one (1) business day unless otherwise agreed upon by the Parties. (c) The hearing shall be conducted by the arbitrator in whatever manner will most expeditiously permit full presentation of the evidence and arguments of the Parties. (d) The arbitrator may issue, at their discretion, a bench decision at the conclusion of the hearing or may issue a written award no later than seven (7) calendar days from the close of the hearing excluding weekends and holidays. (e) All decisions shall be final and binding on the Employer and Union. An arbitration award will be non-precedential if mutually agreed upon by the Parties before the hearing starts. The arbitrator’s award shall be based on the record and shall include a brief explanation of the basis for the award.