DRAA definition
Examples of DRAA in a sentence
The parties may mutually agree on the rules governing such arbitration, provided that such rules, and any additional or different rules, are consistent with the DRAA.
If (A) this limitation on Collective Proceedings is held by an arbitrator or court of competent jurisdiction to be unenforceable or interpreted to not prevent a Collective Proceeding, and/or (B) any arbitrator or court renders a decision regarding the question of arbitrability under the DRAA such that the Dispute is not arbitrated in accordance with the DRAA, then such Dispute will proceed in a court of law as provided below and not arbitration.
If (A) this limitation on Collective Proceedings is held by an arbitrator or court of competent jurisdiction to be unenforceable or interpreted to not prevent a Collective Proceeding, and/or (B) any arbitrator or court renders a decision regarding the question of arbitrability under the DRAA such that the Dispute is not arbitrated in accordance with the DRAA, then such Dispute will proceed in a court of law as provided in this Section.
In the event that the Tribunal retains counsel in consultation with the parties hereto under Section 5806 of the DRAA, then such counsel shall be impartial and shall be knowledgeable about and experienced with the practice of law and have had at least fifteen (15) years of legal experience in the area of mergers and acquisitions or complex commercial transactions.
Each member of the Tribunal must be a former judge of the Delaware Supreme Court and/or Delaware Court of Chancery; provided, that in the event a former Delaware judge is unavailable to serve as arbitrator for one or more of the positions on the Tribunal, then the Parties shall submit a petition for the appointment of one or more arbitrators (as needed to complete the three-member Tribunal) to the Court of Chancery of the State of Delaware under Section 5805 of the DRAA.
Judgment upon the arbitral award may be entered by the Court of Chancery of the State of Delaware or the Superior Court of the State of Delaware in accordance with the DRAA, and enforced in any court of competent jurisdiction.
The parties knowingly and voluntarily consent to the waiver of any rights resulting from this Arbitration Provision or application of the DRAA or the Arbitration Rules.
The parties agree to take all steps necessary or advisable to submit any Dispute that cannot be resolved by the parties for arbitration under the DRAA (the “Arbitration”) in accordance with this Section 7.16, and each party represents and warrants that it is not a “consumer” as such term is defined in 6 Del.
To the extent permitted under the DRAA, all hearings relating to the arbitration, along with the arbitration itself, will take place in either San Diego, California or the State of Delaware, per the sole election of the Manager.
The parties hereto further agree that any and all claims, disputes or controversies arising from or related to this Agreement, existing at or arising after the effective date of this Agreement, will be submitted to binding arbitration under the Delaware Rapid Arbitration Act, as amended from time to time (the “DRAA”), and the rules for DRAA arbitrations adopted by the DRAA and the Delaware courts (the “Arbitration Rules”) shall govern all aspects of the arbitration.