Governing Law; Arbitration; Jurisdiction. This Agreement and all disputes arising out of or related to this Agreement, whether in contract, tort or otherwise (each, an “Agreement Dispute”), will be governed by and construed in accordance with, the laws of the State of Delaware, without regard to any applicable principles of conflicts of law that might require the application of the laws of any other jurisdiction. Any Agreement Dispute shall be resolved by binding arbitration in Chicago, Illinois, before one arbitrator independent of the parties (each, an “Arbitration Proceeding”). Such arbitrator shall be selected in accordance with, and the Arbitration Proceeding shall be administered by JAMS pursuant to, the JAMS Comprehensive Arbitration Rules and Procedures excluding its optional Arbitration Appeal procedures. Any arbitrator designated pursuant to this Section 5(d) shall be a lawyer experienced in commercial and business affairs. All Arbitration Proceedings will be closed to the public and kept confidential, except to the extent necessary to (i) seek an injunction in aid of arbitration, (ii) obtain court confirmation of the judgment of the arbitrator, or (iii) give effect to res judicata and collateral estoppel, in which case, all filings with any court shall be sealed to the extent permissible by the court. Nothing in this Section 5(d) is intended to, or shall, preclude a party to an Arbitration Proceeding from communicating with, or making disclosures to his, her or its lawyers, tax advisors, auditors and insurers, or from making such other disclosures as may be required by any applicable law. To the maximum extent permitted by applicable law, the decision of the arbitrator shall be final and binding and not be subject to appeal. If any party to an Arbitration Proceeding fails to abide by a judgment rendered in such Arbitration Proceeding, the other party may seek to enforce such judgment in any court of competent jurisdiction. EACH OF THE PARTIES TO THIS AGREEMENT IRREVOCABLY WAIVES ANY AND ALL RIGHTS TO TRIAL BY JURY IN ANY AGREEMENT DISPUTE. Notwithstanding anything contained in this Agreement to the contrary, no party shall have the right to institute any proceedings in any court against the other party or any person acting by, through or under such other party to adjudicate an Agreement Dispute, except that any party shall be permitted to seek an injunction in aid of arbitration with respect to an Agreement Proceeding, and any such injunction proceeding shall be sought and determined ex...
Governing Law; Arbitration; Jurisdiction. This Agreement shall be ---------------------------------------- enforced, governed and construed in all respects in accordance with the laws of the State of New York, without regard to its principles of conflicts of laws. Any dispute arising hereunder shall be resolved by arbitration before the American Arbitration Association in the City of New York, pursuant to the rules of said body then obtaining; provided that any party may seek injunctive or -------- other equitable relief pursuant to the terms hereof and for such purpose, the parties hereto irrevocably submit to the exclusive personal jurisdiction of any state or Federal court located in New York County. The parties irrevocably waive, to the fullest extent permitted by law, any objection to which they may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in such a court and any claim that any such suit, action or proceeding has been brought in an inconvenient forum.
Governing Law; Arbitration; Jurisdiction. 10.10.1. This Agreement shall be governed by and construed in accordance with the laws of the State of New York without reference to such state’s principles of conflicts of law, provided, however, that any matter involving the internal corporate affairs of the any party hereto shall be governed by the provisions of the jurisdictions of its incorporation.
Governing Law; Arbitration; Jurisdiction. These T&Cs shall be construed according to the laws of the State of Michigan without regard to conflict of laws principles. For the avoidance of doubt, the UN Convention for the International Sale of Goods (CISG) does not apply. The parties hereby submit and consent to the exclusive jurisdiction and venue of state courts sitting in Xxxxx County, Michigan or the United States District Court for the Eastern District of Michigan for the purpose of hearing and determining any disputes. At DADCO’s option, exercised by written notice any time before or within 30 days following the service of process in a legal action, any dispute arising from and/or relating to the Goods, these DADCO T&Cs, or any other matter between the parties (other than requests for injunctive relief) will be resolved by binding arbitration using a single arbitrator selected by the parties. The arbitration will be conducted under the commercial arbitration rules of the American Arbitration Association (AAA) in a location agreed by the parties; if the parties cannot agree on a location within 30 days of either party’s written request for arbitration, the arbitration will be conducted in metropolitan Detroit, MI USA; and (c) if the parties cannot agree on an arbitrator within 30 days of the selection of the arbitration location, each party will select a person from the AAA-approved commercial arbitrator list and those two people will jointly select a third person from such list who will conduct the arbitration as the sole arbitrator. The arbitrator will issue written findings of fact and conclusions of law, and may award attorneys’ fees and costs to the substantially prevailing party. In no event will any party be awarded punitive or exemplary damages. The award of the arbitrator will be enforceable in any court of competent jurisdiction, provided that either party may appeal to the U.S. District Court for the Eastern District of Michigan, for correction of any clear error of fact or law by the arbitrator (provided that the appealing party must first post an appropriate bond and that the prevailing party in any such action will be entitled to its attorneys’ fees and costs). Any request for injunctive relief may be brought by DADCO in any court(s) having jurisdiction over Supplier or, at DADCO’s option, in the applicable court closest to the place from which the Order was issued by DADCO, in which event Supplier consents to the jurisdiction of such court. Any request for injunctive relief again...
Governing Law; Arbitration; Jurisdiction. (a) This Agreement shall in all respects be governed, enforced and construed according to the internal laws of the State of New Jersey without regard to the principles of the conflict of laws thereof.
Governing Law; Arbitration; Jurisdiction. The Agreement will be governed by and construed in accordance with the laws of the State of California. The provisions of the United Nations Convention on Contracts for the International Sale of Goods, and any conflict-of-laws provisions that would require application of another choice of law, are excluded. Any action hereunder brought by Seller will be subject to the exclusive jurisdiction of the appropriate state court in Orange County, California or the U.S. District Court for the Central District of California, as applicable. Buyer may elect to bring an action against Seller in any court having jurisdiction over Seller. The arbitration provisions of this Section will be governed by the United States Federal Arbitration Act. At Buyer's option, exercised by written notice any time before or within 30 days following the service of process in a legal action, any dispute regarding the Material, the Agreement, the validity of the Agreement or any of this T&C, or any other matter between the parties (other than requests for equitable or injunctive relief or specific performance) will be resolved by binding arbitration, conducted in the English language using a single arbitrator. The location and rules of the arbitration will be as stated in the applicable Country Supplement. If such location and/or rules are not identified: (a) the arbitration will be conducted under the commercial arbitration rules of the American Arbitration Association (AAA) and under Rules 26 through 37 of the U.S. Federal Rules of Civil Procedure, in a location agreed by the parties; (b) if the parties cannot agree on a location within 30 days of Buyer's written request for arbitration, the arbitration will be conducted in Orange County, California, USA; and (c) the arbitrator will be selected from an AAA list using the AAA-recommended selection method. The arbitrator will issue written findings of fact and conclusions of law. Each policy will bear equally the costs and expenses of AAA and of the arbitrator, and each party will bear its own costs and expenses - provided, however, (1) that the failure by one party to pay its share of arbitration fees constitutes a waiver of such policy claim or defense in the arbitration, and (2) that the arbitrator may award attorneys' fees and costs to the substantially prevailing party. In no event will any party be awarded punitive or exemplary damages or any other damages not measured by the prevailing party's actual damages. All arbitration proceedi...
Governing Law; Arbitration; Jurisdiction. This Agreement shall be governed by, and construed and interpreted in accordance with, the laws of the State of Florida applicable to contracts executed and to be wholly performed in the State, without giving effect to the conflicts of law principles thereof.
Governing Law; Arbitration; Jurisdiction. (a) This Agreement and the legal relations among the parties hereto shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of laws. Any provision of this Agreement prohibited by the laws of the State of New York shall be ineffective to the extent of such prohibition without invalidating the remaining provisions of this Agreement.
Governing Law; Arbitration; Jurisdiction. (a) All issues and questions concerning the application, construction, validity, interpretation and enforcement of this Agreement will be governed by, and construed in accordance with, the internal laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the State of Delaware.
Governing Law; Arbitration; Jurisdiction. All questions concerning the construction, validity, enforcement and interpretation of this Agreement shall, in accordance with Section 51401 of the New York General Obligations Law, be governed by the internal laws of the State of New York, without giving effect to any choice of law or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of New York. Any dispute between the parties under or related to any Transaction Agreement shall be submitted to confidential arbitration pursuant to the expedited commercial arbitration rules of Pan Pacific Arbitration. The venue of any such arbitration shall be Los Angeles County, California. Each party hereby irrevocably waives personal service of process and consents to process being served in any such proceeding by mailing a copy thereof to such party at the address for such notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing contained herein shall be deemed to limit in any way any right to serve process in any manner permitted by law. EACH PARTY HEREBY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE, AND AGREES NOT TO REQUEST, THAT A COURT HEAR ANY DISPUTE HEREUNDER OR IN CONNECTION HEREWITH OR ARISING OUT OF THIS AGREEMENT, ANY TRANSACTION DOCUMENT OR ANY TRANSACTION CONTEMPLATED HEREBY OR THEREBY.
