Initiating Arbitration. Before beginning arbitration, you or we must first send a Claim Notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (“FAA”). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights.
Initiating Arbitration. To begin an arbitration proceeding, You must send a letter requesting arbitration and describing Your claim to Wheels at 0000 Xxxxxx Xxxx., Xxxxx 000, Xxx Xxxxxxx, Xxxxxxxxxx 00000. The arbitration will be conducted by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules. The arbitration shall take place in San Jose, California or at such other venue (and pursuant to such procedures) as is mutually agreed upon. You can obtain JAMS procedures, rules, and fee information as follows: JAMS: 800.352.5267 and xxxx://xxx.xxxxxxx.xxx.
Initiating Arbitration. To initiate arbitration, the party must submit a written arbitration demand and the party’s share of the arbitration filing fee (if any) to AAA. The arbitration demand must state: (1) the nature of the Dispute, (2) the date the acts giving rise to the Dispute occurred, (3) a summary of the factual and general legal basis for the claim, (4) the dollar amount thought to be involved (the best estimate possible), and (5) the remedy sought, or what the party desires to resolve the Dispute. A form copy of AAA’s demand for arbitration is attached as Exhibit A. The arbitration demand and filing fee must be delivered to the appropriate case management center of the AAA within the applicable statute of limitations for the Dispute that the party is seeking to arbitrate. Contact information for the appropriate case management center can be determined: (1) by visiting AAA’s website, xxx.xxx.xxx, or (2) by contacting AAA by mail at American Arbitration Association, Case Filing Services, 0000 Xxxxxx Xxx Xxxx, Xxxxx 000 Xxxxxxxx, XX 00000, by phone at 000-000-0000, by facsimile at 000-000-0000, or by email at xxxxxxxxxx@xxx.xxx, or (3) by contacting the Company’s Human Resources Department by mail at 0000 Xxxxxxxxxxxx Xxxx, Xxxxx 000, Xxxxxxxxx, XX 00000, by phone at 000-000-0000, or by email at xxxxxxxxxxxx@xxxxxxx.xxx. The arbitrator shall resolve all disputes regarding the timeliness or propriety of the demand for arbitration. For any arbitration that the Company initiates, the Company will pay the full arbitration filing fee. For any arbitration that you initiate, your share of the arbitration filing fee is the lesser of the amount of the arbitration filing fee or the amount of the filing fee required in the respective state or federal court in which your Dispute could otherwise have been brought in the absence of this Agreement; the Company will pay any arbitration filing fee in excess of the amount of the filing fee required in the respective state or federal court in which your Dispute could otherwise have been brought in the absence of this Agreement. For any arbitration that you initiate, send one copy of the written arbitration demand to the Company’s Human Resources Department by mail at 0000 Xxxxxxxxxxxx Xxxx, Xxxxx 000, Xxxxxxxxx, XX 00000. Notice sent to any other location will not be effective until the date it is received by the Company’s Human Resources Department. For any arbitration that the Company initiates, the Company will send one copy of the writt...
Initiating Arbitration. The arbitration proceedings (the “Arbitration Proceedings “) will be formally initiated by the execution of the Arbitration Agreement as provided in Section 5.1.2. Such Arbitration Agreement must be executed by the Objecting Franchisee and delivered to EPL within 30 days following the conclusion of the Mediation. Each Objecting Franchisee whose claim relates to the same Target Site is entitled to a separate Arbitration Session although the Arbitrator for each Arbitration Session will be the same.
Initiating Arbitration. A demand for arbitration shall be initiated by sending a registered or certified letter to each named party against whom the claim is made, with a notice of the existence and nature of the claim, the amount claimed and a demand for arbitration. Any Xxxxxx Permanente Parties shall be served by registered or certified letter, postage prepaid, addressed to the Xxxxxx Permanente Parties in care of the Health Plan at the address set forth in section 10-G of this Service Agreement. The arbitrators shall have jurisdiction only over persons and entities actually served.
Initiating Arbitration. Either party to a Dispute that has not been settled or resolved through mediation may initiate arbitration by filing a Demand and a copy of this Agreement (along with any copies thereof that may be required under the Arbitration Rules) with the CPR Regional Office within sixty (60) business days following the termination of the mediation proceedings and by delivering a copy of the Demand to the other party. Failure to file a Demand within such period shall constitute an absolute bar to the institution of any proceedings with respect to such Dispute and a waiver of all claims related thereto.
Initiating Arbitration. To initiate arbitration, a party shall notify the other party in writing of its desire to arbitrate, stating the nature of its dispute and the remedy sought. The receiving party shall acknowledge receipt of the notice in writing within 5 days, and thereafter the parties shall attempt in good faith to resolve the dispute within 15 days. If the dispute cannot be resolved within such 15-day period, any party may file a written demand for arbitration by filing a written notice with the AAA and with the other party, complying with the AAA's prescribed procedures for such notices. Within 15 days of delivery of such demand for arbitration, each party shall appoint one arbitrator, and the arbitrators so selected shall, within 15 days of their appointment, appoint an additional arbitrator. In the event that the arbitrators selected by the parties are unable to agree upon the selection of the additional arbitrator after reasonable efforts within such 15-day period, a list of 7 qualified and available persons shall be requested from the AAA. The parties shall take turns striking one person each from the list, with the last remaining person being the additional selected arbitrator. Once selected, the arbitration panel shall meet as expeditiously as possible, select a chairman, schedule the arbitration hearing, and notify the parties in writing of the date, time and place of the hearing.
Initiating Arbitration. To initiate the arbitration process, the aggrieved party must provide the other party or parties with: a written request to arbitrate any covered Claims which states the Claim or Claims for which arbitration is sought. The written request to arbitrate must be received within the limitations periods applicable under the law to such Claims.
Initiating Arbitration. 3.1 A Party may commence an arbitration under the Agreement and these Rules by giving notice in writing to the other Party of the Dispute and filing a written submission, containing the information set out in Section 5.1 below, to arbitrate under these Rules with an agreed upon Arbitrator; or where there is no agreed upon Arbitrator, applying to the superior court of the province to which the Dispute relates or which governs the contractual relationship between the Parties for the appointment of an Arbitrator.
Initiating Arbitration. 3(1) The Customer may commence an arbitration under the Agreement and these Rules by filing a written submission to arbitrate under these Rules, signed by the Customer: in accordance with the process agreed upon where the parties have agreed upon a list of potential arbitrators and a process for selecting an arbitrator from that list; or where there is no agreed upon list of potential arbitrators and a process for selecting an arbitrator from that list, with CP. The written submission shall contain a statement of the nature of the Dispute, the name and address of the Customer, any claim, the amount involved, if any, and the remedy sought.
