Arbitration in Lawsuits Sample Clauses

Arbitration in Lawsuits. When a dispute is the subject matter of a lawsuit pending in a court, both parties may agree to settlement of the dispute through arbitration in terms of the Act. The Indian Arbitration Xxx 0000 does not control the conduct of the owner and the contractor in deciding the form of the arbitration agreement. The Act does not prescribe the procedure to be adopted by the arbitrator for conducting the proceedings. The arbitrator thus enjoys flexibility in the procedure leading to expeditious settlement of disputes. The Act does not provide for interference with the award given by the arbitrator. The arbitrator is also not bound under the Act to state reasons in support of the award given by him. The award is, therefore, final and can only be challenged in a court of law on questions of law and / or misconduct of the arbitrator. Advantages of Arbitration The advantages of settling disputes through arbitration instead of litigation in the courts are as under: Cost: arbitration is less expensive than litigation. Speed: disputes are settled much faster (usually within 4 months) through arbitration as compared to lawsuit in the courts. Convenience: arbitration hearings are fixed considering the convenience of the concerned parties. Technical Knowledge: both parties have the distinct advantage of appointing arbitrator(s) having technical knowledge and expertise in construction. Informality: arbitration proceedings are conducted in a relatively informal atmosphere observing certain minimum prescribed legal formalities. Proceedings in Private Premises: Unlike proceedings in courts which are exposed to the general public, arbitration proceedings are held in private premises, Business interest and reputation of the parties will, therefore, not suffer. Finality of Award: the award given by the arbitrator is final. It can only be challenged on questions of law and / or misconduct or arbitrator(s). Arbitration Clause In view of the advantages of arbitration, most of the construction contracts incorporate a suitable arbitration clause in the agreement. Following are the main provisions of the arbitration clause.
Sample 1
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Arbitration in Lawsuits. When a dispute is the subject matter of a lawsuit pending in a court, both parties may agree to settlement of the dispute through arbitration in terms of the Act. The Indian Arbitration Xxx 0000 does not control the conduct of the owner and the contractor in deciding the form of the arbitration agreement. The Act does not prescribe the procedure to be adopted by the arbitrator for conducting the proceedings. The arbitrator thus enjoys flexibility in the procedure leading to expeditious settlement of disputes. The Act does not provide for interference with the award given by the arbitrator. The arbitrator is also not bound under the Act to state reasons in support of the award given by him. The award is, therefore, final and can only be challenged in a court of law on questions of law and / or misconduct of the arbitrator. Advantages of Arbitration The advantages of settling disputes through arbitration instead of litigation in the courts are as under: Cost: arbitration is less expensive than litigation. Speed: disputes are settled much faster (usually within 4 months) through arbitration as compared to lawsuit in the courts. Convenience: arbitration hearings are fixed considering the convenience of the concerned parties. xxx.xxxxxx.xx Technical Knowledge: both parties have the distinct advantage of appointing arbitrator(s) having technical knowledge and expertise in construction. Informality: arbitration proceedings are conducted in a relatively informal atmosphere observing certain minimum prescribed legal formalities. Proceedings in Private Premises: Unlike proceedings in courts which are exposed to the general public, arbitration proceedings are held in private premises, Business interest and reputation of the parties will, therefore, not suffer. Finality of Award: the award given by the arbitrator is final. It can only be challenged on questions of law and / or misconduct or arbitrator(s).
Sample 1

Related to Arbitration in Lawsuits

  • Arbitration Disputes arising under or in connection with this Agreement that are not resolved pursuant to Section 5.1, including requests for specific performance, will be resolved through binding arbitration conducted pursuant to the rules of the International Court of Arbitration of the International Chamber of Commerce. The arbitration will be conducted in the English language and will occur in Los Angeles County, California. Any arbitration will be in front of a single arbitrator, unless (i) ICANN is seeking punitive or exemplary damages, or operational sanctions, (ii) the parties agree in writing to a greater number of arbitrators, or (iii) the dispute arises under Section 7.6 or 7.7. In the case of clauses (i), (ii) or (iii) in the preceding sentence, the arbitration will be in front of three arbitrators with each party selecting one arbitrator and the two selected arbitrators selecting the third arbitrator. In order to expedite the arbitration and limit its cost, the arbitrator(s) shall establish page limits for the parties’ filings in conjunction with the arbitration, and should the arbitrator(s) determine that a hearing is necessary, the hearing shall be limited to one (1) calendar day, provided that in any arbitration in which ICANN is seeking punitive or exemplary damages, or operational sanctions, the hearing may be extended for one (1) additional calendar day if agreed upon by the parties or ordered by the arbitrator(s) based on the arbitrator(s) independent determination or the reasonable request of one of the parties thereto. The prevailing party in the arbitration will have the right to recover its costs and reasonable attorneys’ fees, which the arbitrator(s) shall include in the awards. In the event the arbitrators determine that Registry Operator has been repeatedly and willfully in fundamental and material breach of its obligations set forth in Article 2, Article 6 or Section 5.4 of this Agreement, ICANN may request the arbitrators award punitive or exemplary damages, or operational sanctions (including without limitation an order temporarily restricting Registry Operator’s right to sell new registrations). Each party shall treat information received from the other party pursuant to the arbitration that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15. In any litigation involving ICANN concerning this Agreement, jurisdiction and exclusive venue for such litigation will be in a court located in Los Angeles County, California; however, the parties will also have the right to enforce a judgment of such a court in any court of competent jurisdiction.

  • Arbitration Proceedings Arbitration between the parties will be subject to the following:

  • Arbitration of Grievances If a grievance brought under Division B (GRIEVANCES) of this Article is not resolved at Step Three of that procedure, the Association may submit the matter to arbitration. Notice of intent to arbitrate (Appendix D) must be filed with the President of the University within twenty (20) working days of the date of the decision at Step Three. If no notice of intent to arbitrate is filed within the time limit, the right to arbitrate is thereby waived.

  • LITIGATION OR ARBITRATION In the event that suit or arbitration is brought to enforce the terms of this agreement, the prevailing party shall be entitled to litigation costs and reasonable attorneys' fees. The Dispute Resolution provisions are set forth on Exhibit "B," ‘Dispute Resolution’ attached hereto and by this reference incorporated herein.

  • Applicable Law; Arbitration; Attorney Fees The laws of the State of Texas govern all disputes arising out of or relating to this Agreement. The parties hereto acknowledge that venue is proper in Fort Bend County, Texas, for all legal actions or proceedings arising out of or relating to this Agreement and waive the right to sue or be sued elsewhere. Nothing in the Agreement shall be construed to waive the County’s sovereign immunity. County does not agree to submit disputes arising out of the Agreement to binding arbitration. Therefore, any references to binding arbitration or the waiver of a right to litigate a dispute are hereby deleted. County does not agree to pay any and/or all attorney fees incurred by SHI in any way associated with the Agreement.

  • GRIEVANCE AND ARBITRATION Casual employees have access to the grievance and arbitration procedures. (Reference Article 9 - Grievances and Article 10 - Arbitration.)

  • COSTS OF ARBITRATION PROCEEDINGS In an arbitration proceeding under Articles 25A to 25H, the fees and expenses of the members of the arbitration panel, as well as any costs incurred in connection with the arbitration proceedings by the Contracting States, shall be borne by the Contracting States in a manner to be settled by mutual agreement between the competent authorities of the Contracting States. In the absence of such agreement, each Contracting State shall bear its own expenses and those of its appointed panel member. The cost of the chair of the arbitration panel and other expenses associated with the conduct of the arbitration proceedings shall be borne by the Contracting States in equal shares.

  • Alternative Arbitration Proceedings Alternatively, the Parties may refer the matter to the Nairobi Centre for International Arbitration (NCIA) which offers a neutral venue for the conduct of national and international arbitration with commitment to providing institutional support to the arbitral process.

  • GRIEVANCES AND ARBITRATION Section 1. Having a desire to create and maintain labor relations harmony between them, the parties hereto agree that they will promptly attempt to adjust all disputes involving the interpretation, application or alleged violation of a specific provision of this Agreement. Addendum B, attached hereto, shall be utilized to resolve grievances.

  • Arbitration Process Any arbitration will be conducted pursuant to the applicable rules (the “Arbitration Rules”) of the American Arbitration Association, as modified herein, to the extent such modifications are not prohibited by the Arbitration Rules. The arbitration will be conducted in Indianapolis, Indiana. The parties will select a single arbitrator, but in the event that the parties are unable to agree, the arbitrator will be appointed pursuant to the Arbitration Rules. The arbitrator will be a practicing attorney with significant expertise in litigating and/or presiding over cases involving the substantive legal areas involved in the dispute. The parties to the arbitration will not request, and the arbitrator will not order, that any discovery be taken or provided, including depositions, interrogatories or document requests, except to the extent the amount in controversy exceeds $50,000. The arbitration will be concluded within three months of the date the arbitrator is appointed. The arbitrator’s findings, reasoning, decision, and award will be stated in writing and based upon applicable law. Judgment on the arbitration award may be entered in any court having jurisdiction. In the event that the arbitration results in an award which imposes an injunction or contains a monetary award in excess of $100,000, the award will be reviewable on appeal initiated by filing notice of appeal with the AAA office within 30 days of the award, governed by the AAA Optional Appellate Arbitration Rules and conducted by a panel of three new arbitrators, ruling by majority, under the procedure for appointment from the national roster of arbitrators. Unless the applicable Arbitration Rules require otherwise, arbitration fees and costs will be shared equally by the claimant(s) and respondent(s), respectively, in any arbitration proceeding. Should the AAA be unavailable, unable or unwilling to accept and administer the arbitration of any claim under these arbitration provisions as written, the parties will agree on a substitute arbitration organization, such as JAMS, that will enforce the arbitration provisions as written. Because this Agreement memorializes a transaction in interstate commerce, the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. More information about arbitration, including the Arbitration Rules, is available at xxx.xxx.xxx or by calling 0-000-000-0000.

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