Procedure; Decision Final and Binding Sample Clauses

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Procedure; Decision Final and Binding. Except as to issues relating to the validity, construction or effect of any patent right licensed hereunder, any and all claims, disputes or controversies arising under, out of, or in connection with this Agreement, which have not been resolved by good faith negotiations between the parties may be referred by either party to arbitration and finally settled in accordance with the UNCITRAL Arbitration Rules (as supplemented or modified by this Section 18.1) in effect on the date hereof (hereinafter, the "Rules"), by three arbitrators appointed in accordance with said Rules. The appointing authority shall be the Court of Arbitration of the International Chamber of Commerce ("ICC") located in Paris, France. The place of arbitration shall be London, England. All arbitrators shall be fully conversant with the English language and the opinion shall be rendered in English. The English language shall be used in all documents, briefs, evidence and any other writings submitted. All proceedings shall be in the English language. Except as provided in Section 18.3 the procedures set forth in this Section 18.1 shall be the sole and exclusive means of settling or resolving any dispute hereunder. Accordingly, each party covenants and agrees with the other party that except as expressly provided in Section 18.3, it will not seek to have any such dispute adjudicated (except to enforce the provisions of this Section 18.1 as provided below and except for the limited right to seek injunctive relief where appropriate) in any court or other official forum of any government, or otherwise seek to invalidate or circumvent the procedures set forth in this Section 18.1 as the sole and exclusive means of settling or resolving any such dispute. The decision of the arbitrators contemplated by this Section 18.1 shall be final and binding on the parties and may be presented by either party for enforcement in any court of competent jurisdiction; provided, however, that if such enforcement is sought in the United States, it may only be sought in the state courts of the Commonwealth of Massachusetts, or a United States federal court in the Commonwealth of Massachusetts. The parties understand and agree that the provisions of this Article 18 may be specifically enforced by injunction or otherwise in any court of competent jurisdiction.
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Related to Procedure; Decision Final and Binding

  • 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 Decisions Unless otherwise agreed by the Parties, the arbitrator(s) shall render a decision within ninety (90) Calendar Days of appointment and shall notify the Parties in writing of such decision and the reasons therefor. The arbitrator(s) shall be authorized only to interpret and apply the provisions of this Agreement and shall have no power to modify or change any provision of this Agreement in any manner. The decision of the arbitrator(s) shall be final and binding upon the Parties, and judgment on the award may be entered in any court having jurisdiction. The decision of the arbitrator(s) may be appealed solely on the grounds that the conduct of the arbitrator(s), or the decision itself, violated the standards set forth in the Federal Arbitration Act or the Administrative Dispute Resolution Act. The final decision of the arbitrator must also be filed with FERC if it affects jurisdictional rates, terms and conditions of service, Attachment Facilities, System Upgrade Facilities, or System Deliverability Upgrades.

  • The Decision If mediation fails, or is not appropriate, and if the decision can be rendered after a short deliberation, the Arbitrator will do so. By meeting first with counsel to explain the framework of the Arbitrator’s decision, the parties are provided with an opportunity to influence the exact terms of resolution. Within the framework of settlement as outlined by the Arbitrator, the parties can work out exact terms which best suit the specifics of the case. Such an opportunity should not be wasted by continuing to argue the merits of the case.

  • Arbitrator’s Decision Within thirty (30) days after the appointment of the third arbitrator, the three (3) arbitrators shall decide whether the parties will use Landlord’s or Tenant’s submitted Fair Market Rental Value and shall notify Landlord and Tenant of their decision. The decision of the majority the three (3) arbitrators shall be binding on Landlord and Tenant.

  • Arbitration Decision The arbitrator’s decision will be final and binding. The arbitrator shall issue a written arbitration decision revealing the essential findings and conclusions upon which the decision and/or award is based. A party’s right to appeal the decision is limited to grounds provided under applicable federal or state law.