A rbitration. If there is any dispute arising out of this Submission Agreement, or the Program, including a dispute about the validity, operation, meaning or breach hereof, the dispute between the parties (the “Dispute”) shall be submitted to final and binding arbitration, which shall constitute the sole dispute resolution mechanism hereunder and Writer irrevocably waives any rights to seek other relief at law or equity. The arbitration shall be controlled by the terms of this agreement, on an individual and not class basis only, and any award favorable to Writer shall be limited to the fixing of compensation for Company’s use of the submitted Material, which shall bear a reasonable relation to compensation normally paid to persons of Writer’s present stature and experience for Company’s use of similar material. The arbitration shall be initiated and conducted according to the JAMS Streamlined (for claims under $250,000) Arbitration Rules and Procedures, except as modified herein and except that the arbitrator shall be an arbitrator experienced in the entertainment industry and licensed to practice law in California or a retired judge, including the Optional Appeal Procedure, at the Los Angeles office of JAMS, or its successor (“JAMS”) in effect at the time the request for arbitration is made (the “Arbitration Rules”). The arbitration shall be conducted in Los Angeles County before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator shall follow California law and the Federal Rules of Evidence in adjudicating the Dispute. The parties waive the right to seek punitive damages and the arbitrator shall have no authority to award such damages. The arbitrator's decision and authority shall be controlled by the terms of this agreement. No award may exceed the minimum rate that would be due, if any, under the Writers Guild of America Theatrical and Television Basic Agreement in effect as of the date hereof (the “WGA Agreement”), for the relevant network, time period, and type of program (so-called "bargain rates," and not to include minimums payable for pilot scripts, back-up scripts or spin-offs). Writer agrees that Writer can suffer no damages in excess of these amounts from Company’s use of the Material or for any other claim with respect to it. Writer understands that Writer’s sole remedy in any arbitration or any other proceeding relating to this agreement or the Material is money damages; in particular, Writer expressly waives th...
A rbitration. Any disputes, differences or questions, which may arise at any time hereafter between the Company and the Subscriber touching the true construction of this Agreement or performance of the obligations or enforcing any rights and/or liabilities of the Parties hereunder, shall be first amicably resolved between the Parties within 30 (thirty) days from the date on which such dispute was raised by a Party and communicated to the other Party in writing failing which the dispute shall be referred to a sole arbitrator of the Indian Council of Arbitration (ICA). The arbitration shall be conducted in accordance with the Rules of Arbitration of the Indian Council of Arbitration and shall be subject to the provisions of the Arbitration and Conciliation Act, 1996, as amended or any statutory modifications or re-enactment thereof for the time being in force. The venue of such arbitration shall be at Mumbai and the Courts at Mumbai alone shall have exclusive jurisdiction to deal with the arbitration proceedings and the awards in accordance with law. The arbitration proceedings shall be conducted in English language. The award passed by the arbitrators shall be final and binding upon the Parties.
A rbitration. Any dispute concerning the interpretation or application of the provisions of this Sideletter, including the alleged breach of its terms, shall be subject to the dispute resolution procedures set forth in Attachment 2 (“Rules Governing Arbitration”) to the Franchise Agreement.
A rbitration. If the parties are unable to resolve a dispute arising under the terms of this EPA, either party may submit the unresolved dispute about compliance with or construction of this EPA for final and binding resolution by a mutually agreed permanent arbitrator selected for deciding any dispute under the EPA. The Arbitrator shall have discretion to establish procedures for the resolution of such disputes that may include submission of evidence by the parties, and is authorized to develop and order remedies. All such disputes shall be resolved within fourteen days of submission of the issue, unless the issue concerns an alleged violation pertaining to conduct raised before the election, in which case the Arbitrator shall rule within twenty-four hours of the submission of the issue to the Arbitrator. The parties waive any and all rights they might otherwise have to appeal or in any way contest the decision of the Arbitrator.
A rbitration. If the Association is not satisfied with the disposition of the Assistant Superintendent, the grievance may be submitted to its Voluntary Labor Arbitration Association in accordance with its Voluntary Labor Arbitration Rules, provided such request is made within thirty (30) calendar days of receipt of the Assistant Superintendent’s disposition.
A rbitration a. In the case of dispute arising upon or in relation to or in connection with the contract between ASDM/Authority and the TP, which has not been settled amicably, any party can refer the dispute for Arbitration under (Indian) Arbitration and Conciliation Act, 1996. The arbitral proceedings shall be conducted by the sole arbitrator – highest secretary of the SEED, Govt. of Assam. The Arbitration and Conciliation Act, 1996 and any statutory modification or re-enactment thereof, shall apply to these arbitration proceedings. The decision of the arbitrator shall be final and binding upon both parties and the parties agree to be bound thereby and act accordingly. The Arbitration proceedings shall be held in Guwahati, Assam.
A rbitration. Within 45 days of receipt of the Employer’s written Step 3 response, the Union must notify the Employer in writing of whether it wishes to advance the grievance to arbitration. The Union shall request the Federal Mediation and Conciliation Service (FMCS) to furnish a panel of seven (7) arbitrators. Within seven (7) calendar days of receipt of the panel of arbitrators from the FMCS, the Union shall provide written notification to the Employer’s Legal Director of such receipt and its desire to commence the process to select the arbitrator. This notification to the Employer shall include a copy of the panel of arbitrators provided by the FMCS. The arbitrator selection process shall be as follows. Within seven (7) calendar days of the Legal Director’s receipt of the Union’s written notification of its desire to commence the process to select the arbitrator, the Union and the Employer shall alternately strike three (3) names each from the panel of arbitrators provided by the FMCS. The first party to strike shall be determined by lot. The remaining name on panel shall be that of the arbitrator. Should either party be delinquent in the striking of names process within the seven (7) calendar days allotted, the other party may provide the delinquent party written notice of its intent to unilaterally select an arbitrator from the panel provided by the FMCS. If within three (3) calendar days of receipt of such notice the delinquent party still has not participated in the striking process, the notifying party may unilaterally select an arbitrator from the panel provided by the FMCS, and set the date, time and location for an expedited arbitration. The expense of the arbitrator so selected and the court reporter (if mutually agreed upon) shall be borne equally to the Employer and the Union. Failure of either party to process the grievance within the time period specified above shall be deemed to be a waiver of that grievance.
A rbitration. Any dispute, difference, controversy or claim touching or arising out of or relating to any contract for the sale of Deliverables hereunder or a breach thereof, which cannot be resolved over a period of at least ninety days shall be resolved by arbitration conducted in the English language in Seattle, Washington and administered by American Arbitration Association ("AAA") or Judicial Arbitration and Mediation Service ("JAMS"). There shall be a single arbitrator appointed by the AAA/JAMS. The prevailing party in any such proceeding shall be entitled to an award of its reasonable attorneys' fees and other costs, including the fees and expenses of the arbitrator and AAA/JAMS, provided that the same may be apportioned by the arbitrator if he or she determines that each party has prevailed in part. The arbitrator's decision shall be final and binding upon the parties, and the award made by the arbitrator may be filed in any court of competent jurisdiction and execution issued thereof. Nothing in this paragraph shall limit the right of Company to exercise at any time self-help remedies under the UCC as adopted in Washington.
A rbitration. IN THE EVENT THAT A DISPUTE BETWEEN THE PARTIES CANNOT BE SETTLED THROUGH DIRECT DISPUTE RESOLUTION, AS DESCRIBED ABOVE, THE PARTIES AGREE TO SUBMIT THE DISPUTE TO BINDING ARBITRATION. BY AGREEING TO ARBITRATE, THE PARTIES AGREE TO WAIVE THEIR RIGHT TO A JURY TRIAL. The arbitration shall be conducted before a single neutral arbitrator, before JAMS in New York, NY. The arbitration shall be administered by JAMS in accordance with this document and the JAMS Streamlined Rules and Procedures for the Arbitration, with one addition: The limitation of one discovery deposition per side shall be applied by the arbitrator, unless it is determined, based on all relevant circumstances, that more depositions are warranted. The arbitrator shall consider the amount in controversy, the complexity of the factual issues, the number of parties and the diversity of their interests and whether any or all of the claims appear, on the basis of the pleadings, to have sufficient merit to justify the time and expense associated with the requested discovery. The arbitration will occur in New York, NY, but the parties may choose to appear by person, by phone, by another virtual means, or through the submission of documents. The arbitrator will issue a ruling in writing. Any issue concerning the extent to which any dispute is subject to arbitration, the applicability, interpretation, or enforceability of this agreement shall be resolved by the arbitrator. To the extent state law is applicable, the arbitrator shall apply the substantive law of New York. All aspects of the arbitration shall be treated as confidential and neither the parties nor the arbitrators may disclose the content or results of the arbitration, except as necessary to comply with legal or regulatory requirements. The result of the arbitration shall be binding on the parties and judgment on the arbitrator's award may be entered in any court having jurisdiction. The arbitrator shall award to the prevailing party, if any, the costs and attorneys' fees reasonably incurred by the prevailing party in connection with the arbitration.
A rbitration. Any controversy or claim arising out of, or relating to, this AGREEMENT, XXXXXXX XXXXXX’XXXXXX XXXXX’X employment with the AUTHORITY, or the termination of N APOLES LORETO’XXXXXX XXXXX’X employment relationship with the AUTHORITY, shall be adjudicated in binding arbitration administered in full compliance with the requirements of California law by the American Arbitration Association and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
