TO ARBITRATION Sample Clauses

TO ARBITRATION. You and the Released Parties agree to submit any and all claims arising out of or related to the Activity (if for any reason not waived) to final and binding individual arbitration pursuant to the Commercial Dispute Resolution Procedures of the American Arbitration Association but excluding the AAA’s Supplementary Rules for Class Arbitration or any other amendment to those Procedures related to class arbitration. Without limiting the generality of this bilateral agreement to arbitrate, you and the Released Parties agree to arbitrate all statutory and common law claims arising out of or related to the Activity, including but not limited to any negligence or other tort claims, any claims for breach of express or implied contract, any claims for wages or other compensation, any claims alleging discrimination on any basis, and any other claims arising from or related to the Activity. You and the Released Parties agree that arbitration shall be conducted on an individual, non-collective, non-class, and non- representative basis (the “Class Action Waiver”). You understand that you and the Released Parties are waiving the right to a jury trial in court in favor of final and binding arbitration. The arbitration shall proceed in the county where the conduct giving rise to the dispute occurred. In the event that the foregoing Class Action Waiver is found to be unenforceable or contrary to law, then any claim brought on such a basis must be filed in a court of competent jurisdiction, and such court, and not arbitration, shall be the exclusive forum for such claims. Nothing in this Agreement shall interfere with any right you may have to file an administrative charge before a governmental agency.
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TO ARBITRATION. You and the Released Parties agree to submit any and all claims arising out of or related to the Activity (if for any reason not waived) to final and binding arbitration pursuant to the Commercial Dispute Resolution Procedures of the American Arbitration Association but excluding the AAA’s Supplementary Rules for Class Arbitration. Without limiting the generality of this bilateral agreement to arbitrate, you and the Released Parties agree to arbitrate all statutory and common law claims arising out of or related to the Activity, including but not limited to any negligence or other tort claims, any claims for breach of express or implied contract, any claims for wages or other compensation, and any other claims arising from or related to the Activity. You and the Released Parties agree that arbitration shall be conducted on an individual, non-collective, non-class, and non-representative basis (the “Class Action Waiver”). You understand that you and the Released Parties are waiving the right to a jury trial in court in favor of arbitration. The arbitration shall proceed in the county where the conduct giving rise to the dispute occurred. Nothing in this Agreement shall interfere with any right you may have to file an administrative charge before a governmental agency.
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TO ARBITRATION. When a grievance has been presented and has not been dealt with to the satisfaction of the Union, the Union may refer such grievance to arbitration if it is a complaint concerning the interpretation, application, or alleged violation of the Collective Agreement, including any disciplinary measure or termination. When the Union decides to refer a grievance to arbitration, it shall the Company in writing. This notice shall be given not later than the thirtieth (30th) working day after the Union has received the reply of the Company. The time limits stipulated in this procedure may be extended by mutual agreement in writing between the Company and the Union. An arbitrator may the time for referring a grievance to arbitration, notwithstanding the expiration of such time, where the arbitrator or arbitration board is satisfied that there are reasonable grounds for the extension and that the other party not be prejudiced by the extension. Grievances referred to arbitration shall be heard by a sole arbitrator. The following persons shall act in rotation to hear grievances:
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TO ARBITRATION. If CSEA’s final decision is to not submit the matter to 12 Arbitration, the grievant may appeal the grievance to the Board of
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TO ARBITRATION. In the alternative, the City may elect to submit the unresolved issue(s) to Arbitration and maintain the status quo until the arbitration award is issued. The Arbitrator shall be selected and the hearing conducted in accordance with the provisions outlined below. If the City elects to maintain the status quo pending arbitration and the Union then elects to decline arbitration of the dispute, the City may implement its last offer to the Union.
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TO ARBITRATION appearing in the fifth line of the third full paragraph thereof on page 29 of the Amherst Lease and substituting therefor the words "... for resolution..."
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TO ARBITRATION appearing on lines 11 and 12 on page 43 of the Amherst Lease and substituting therefor the words "...
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Related to TO ARBITRATION

  • No Arbitration Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York.

  • Mediation and Arbitration Any controversy, dispute or claim arising out of or relating to this Agreement or the performance, enforcement, breach, termination or validity thereof, including the determination of the scope of this Agreement to arbitrate, shall first be submitted to non-binding mediation and shall thereafter be determined by final binding arbitration, and not litigation, the agreed venue for mediation and arbitration being in Houston, Texas. The mediation process shall be administered by a mutually acceptable mediator selected in accordance with the Commercial Mediation Rules of the American Arbitration Association (“AAA”). If any dispute remains unresolved between the parties after the mediation process has been completed, either party may then submit any such unresolved dispute to final and binding arbitration pursuant to the Commercial Arbitration rules of AAA, with all matters related to the enforceability of this arbitration agreement and any award rendered pursuant to this agreement to be governed by the Federal Arbitration Act, 9 U.S.C. Section 1-16. The Arbitration Tribunal shall be formed of three (3) arbitrators each of which shall have at least five (5) years’ experience in hotel operation, management, ownership or leasing, one (1) to be appointed by each party and the third (3rd) to be appointed by the American Arbitration Association. The arbitration panel may require and facilitate such discovery as it shall determine is appropriate in the circumstances, taking into account the needs of the parties and the desirability of making discovery expeditious and cost-effective. The arbitration panel shall be empowered to subpoena non-party and party witnesses for deposition and hearing to the full extent provided under the AAA Rules and the Federal Arbitration Act (or the applicable state arbitration statute if the arbitration panel is appointed pursuant to a petition filed in state court). The arbitration panel may also direct the production of documents and other information and the advance identification of witnesses to be called and documents to be admitted. The arbitration panel may issue orders to protect the confidentiality of proprietary information, trade secrets and other sensitive information before it is required to be disclosed in discovery. In addition to monetary damages, or in lieu thereof, the arbitration panel shall have the power to grant all equitable relief (both by way of interim relief and as a part of its final award) as may be granted by any court in the state where the Hotel is located. Monetary damage liability shall be limited to actual damages; the parties hereby waive the right to claim and/or receive punitive damages or exemplary relief. The arbitration panel shall determine whether and to what extent any party is a prevailing party and shall award attorneys’ fees and expenses associated with the arbitration proceeding to the “prevailing party, if any. All proceedings shall be reported by a certified shorthand court reporter and written transcripts of the proceedings shall be prepared and made available to the parties. The fees of the arbitration panel, together with all costs and expenses incurred in conducting the arbitration (but excluding the parties’ respective attorney, witness and related costs and expenses) shall be borne by the party against whom the arbitral award is made and shall be a (the) component of the arbitral award. The arbitration shall take place in Orlando, Florida, and shall be conducted in the English language. The arbitration award shall be final and binding upon the parties hereto and subject to no appeal. Arbitration expenses shall not be an expense in determining House Profit. Judgment upon the award rendered maybe entered into any court having jurisdiction, or applications may be made to such court for an order of enforcement.

  • Expedited Arbitration (a) The Parties may by mutual agreement refer to expedited arbitration any outstanding grievances considered suitable for this process, and shall set dates and locations for hearings of groups of grievances considered suitable for expedited arbitration.

  • Mediation/Arbitration 1. If a dispute arises out of or relates to this warranty, or the breach thereof, and if said dispute cannot be settle through direct discussions, the parties agree to first endeavor to settle the dispute in an amicable manner by mediation administered by the American Arbitration Association under its Commercial Mediation Rules in Atlanta, Georgia before resorting to arbitration. Thereafter, any unresolved controversy or claim arising out of or relating to this warranty, or breach thereof, shall be finally settled by arbitration administered by the American Arbitration Association in Atlanta, Georgia and in accordance with its Commercial Arbitration Rules and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

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