Xxxxxration. (i) If a dispute has not been resolved within 90 days after the written notice beginning the mediation process (or a longer period, if the Parties agree to extend the mediation), the mediation shall terminate and the dispute will be settled by arbitration. The arbitration will be conducted in the County and City of New York in accordance with the procedures in this Agreement and the Arbitration Rules for Commercial Disputes of the AAA as in effect on the date hereof ("AAA Rules"). In the event of a conflict, the provisions of this Agreement will control.
Xxxxxration. This Agreement shalx xx xxxxxxxx xx and construed in accordance with the laws of the State of New York without reference to the choice of law principles thereof. Except in the event of the need for immediate equitable relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration relief, and except for enforcement of a party's remedies to the extent such enforcement must be pursuant to court authorization or order under applicable law, any dispute between the parties hereto or under any other document, instrument or writing executed pursuant to this Agreement shall be settled, by arbitration before three arbitrators pursuant to the Commercial Arbitration Rules of the American Arbitration Association (the "Rules") in New York, New York or such other location as may be agreed upon by the parties. For purposes of this Agreement, the parties consent to jurisdiction in New York for any arbitration proceeding or any action to enforce an arbitration award. The arbitrators shall be selected by a joint agreement of the parties; provided that if they do not so agree within twenty (20) business days of the date of the request for arbitration, the selection shall be made pursuant to the Rules. Nothing in this Agreement shall prevent the parties hereto from settling any dispute by mutual agreement at any time. Any party or parties awarded a final determination or order in their favor by an arbitrator or court pursuant to this Section 13 shall be entitled to recover from the party or parties against whom such final determination or order is given all reasonable costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party or parties with respect to such arbitration or court proceeding, such award of costs and expenses to be determined by such arbitrator or court.
Xxxxxration. Xxx xxxxxxxxment, dispute, claim or controversy solely between Broker and Distributor arising out of or relating to this Agreement shall be subject to mandatory arbitration under the auspices, rules and bylaws of the NASD, to the full extent applicable and as may be amended from time to time.
Xxxxxration. Any dispute or conxxxxxxxx xxxxxxx Andrx and Lane, whether arising out of or relating to this Agreement and Release, the breach of this Agreement and Release, or otherwise, shall be settled by arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules then in effect, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any arbitration shall be held before a single arbitrator who shall be selected by the mutual agreement of Andrx and Lane, unless the parties are unable to agree to an arbitrator, in which case, the arbitrator will be selected under the procedures of the AAA. The arbitrator shall have the authority to award any remedy or relief that a court of competent jurisdiction could order or grant, including, without limitation, the issuance of an injunction. However, either party may, without inconsistency with this arbitration provision, apply to any court having jurisdiction over such dispute or controversy and seek interim provisional, injunctive or other equitable relief until the arbitration award is rendered or the controversy is otherwise resolved. Except as necessary in court proceedings to enforce this arbitration provision or an award rendered hereunder, or to obtain interim relief, neither a party nor an arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of Andrx and Lane. Notwithstanding any choice of law provision included in this Agreement, the United States Federal Arbitration Act shall govern the interpretation and enforcement of this arbitration provision. The arbitration proceeding shall be conducted in Dade or Broward County, Florida or such other location to which the parties may agree. With respect to a Non-Payment Claim as defined in Paragraph 16 below, Andrx shall pay the costs of any arbitrator appointed hereunder and the costs of such arbitration (together "Arbitration Costs"); provided, however, if Lane is not successful in such Non-Payment Claim, Lane is obligated to pay one-half of such Arbitration Costs. With respect to all other arbitrated disputes between the parties, each party shall pay one-half Arbitration Costs. This Agreement shall constitute a written agreement to submit any such dispute or controversy to arbitration within the meaning of the Florida Arbitration Code and shall confer jurisdiction on the Courts of the State of ...
Xxxxxration. In the event there is any controversy, claim or dispute between the parties arising out of this Agreement or any of the products or technology created under this Agreement or any breach or claim of breach of any obligation or duty under this Agreement the parties agree to submit it to binding arbitration which arbitration shall be conducted pursuant to the rules of California Code of Civil Procedure ss. 1280 and the decision of the arbitrator shall be final and not appealable.
Xxxxxration. (a) Any dispute, controversy or claim arising out of or relating to the Company's obligations to pay severance benefits under this Agreement, or the breach thereof, shall be settled and resolved solely by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") except as otherwise provided herein. The arbitration shall be the sole and exclusive forum for resolution of any such claim for severance benefits and the arbitrators' award shall be final and binding. The provisions of this Paragraph 5 are not intended to apply to any other disputes, claims or controversies arising out of or relating to Mr. Bowers' employment by the Company or the termination therxxx.
