Common use of Dispute Resolution and Arbitration Clause in Contracts

Dispute Resolution and Arbitration. 20.1 In the event of any dispute arising between the Parties concerning this Agreement, GENTA JAGO and KRYPTON agree that in the first place they shall meet for good faith discussions in an attempt to negotiate an amicable solution. 20.2 Any dispute arising between the Parties out of or in connection with this Agreement, or the interpretation, breach or enforcement thereof, which cannot be amicably resolved pursuant to Section 20.1 above within two (2) months as from the first appearance of such dispute, shall be finally resolved by binding arbitration. Whenever a Party shall decide to institute arbitration proceedings, it shall give written notice to that effect to all of the other Parties. Any arbitration hereunder shall be conducted under the Rules of Conciliation and Arbitration of the International Chamber of Commerce. Any such arbitration shall be conducted in the English language by a panel of three (3) arbitrators appointed in accordance with such rules, and shall be held in PARIS, FRANCE. The arbitrators shall have the authority to grant specific performance, and to allocate among the parties the costs of arbitration in such equitable manner as they determine. Judgment upon the award so rendered may be entered in any court having jurisdiction or application may be made to such court for judicial acceptance of any award so rendered and an order of enforcement, as the case may be. Whether a claim, dispute or other matter in question would be barred by the applicable statute of limitations, which also shall apply to any arbitration under this section, shall be determined by binding arbitration pursuant to this section. 20.3 Notwithstanding anything contained in this Article 20, either Party may seek preliminary or injunctive measures or relief in any competent court having jurisdiction.

Dispute Resolution and Arbitration. 20.1 In 1. Either Contracting Party may refer to the event of Joint Committee any dispute arising between relating to the Parties concerning application or interpretation of this Agreement, GENTA JAGO and KRYPTON agree that having not been resolved in accordance with Article 22. For the first place they purposes of this Article, the Association Council established under the Association Agreement shall meet for good faith discussions in an attempt to negotiate an amicable solutionact as Joint Committee. 20.2 Any 2. The Joint Committee may settle the dispute arising between by means of a decision. 3. The Contracting Parties shall take the necessary measures to implement the decision referred to in paragraph 2. 4. Should the Contracting Parties out be unable to settle the dispute in accordance with paragraph 2, the dispute shall, at the request of or either Contracting Party, be submitted to an arbitration panel of three arbitrators in connection accordance with this Agreementthe procedure laid down hereafter: (a) each Contracting Party shall appoint an arbitrator within sixty (60) days from the date of reception of the notification for the request for arbitration by the arbitration court addressed by the other Contracting Party through diplomatic channels; the third arbitrator should be appointed by the other two arbitrators within sixty (60) additional days. If one of the Contracting Parties has not appointed an arbitrator within the agreed period, or if the interpretationthird arbitrator is not appointed within the agreed period, breach or enforcement thereof, which cannot be amicably resolved pursuant to Section 20.1 above within two (2) months as from each Contracting Party may request the first appearance of such dispute, shall be finally resolved by binding arbitration. Whenever a Party shall decide to institute arbitration proceedings, it shall give written notice to that effect to all President of the other Parties. Any arbitration hereunder shall be conducted Council of the ICAO to appoint an arbitrator or arbitrators, whichever is applicable; (b) the third arbitrator appointed under the Rules terms of Conciliation paragraph a) above should be a national of a third State and Arbitration shall act as a President of the International Chamber arbitration court; (c) the arbitration court shall agree its rules of Commerce. Any such procedure; and (d) subject to the final decision of the arbitration court, the initial expenses of the arbitration shall be conducted in shared equally by the English language by a panel Contracting Parties. 5. Any provisional decision or final decision of three (3) arbitrators appointed in accordance with such rules, and the arbitration court shall be held in PARIS, FRANCE. The arbitrators shall have the authority to grant specific performance, and to allocate among the parties the costs of arbitration in such equitable manner as they determine. Judgment binding upon the award so rendered may be entered in any court having jurisdiction or application may be made to such court for judicial acceptance of any award so rendered and an order of enforcement, as the case may be. Whether a claim, dispute or other matter in question would be barred by the applicable statute of limitations, which also shall apply to any arbitration under this section, shall be determined by binding arbitration pursuant to this sectionContracting Parties. 20.3 Notwithstanding anything contained 6. If one of the Contracting Parties does not act in conformity with a decision of the arbitration court taken under the terms of this Article 20within thirty (30) days from the notification of the aforementioned decision, either the other Contracting Party may seek preliminary may, for as long as this failure endures, limit, suspend or injunctive measures revoke the rights or relief in any competent court having jurisdictionprivileges which it had granted under the terms of this Agreement from the Party at fault.

Dispute Resolution and Arbitration. 20.1 In the event of any 23.1 If a dispute arising arises between the Parties concerning relating to the existence, negotiation, validity, formation, interpretation, breach, performance or application of this Agreement, GENTA JAGO and KRYPTON agree that the Parties shall use the following procedure in the first place they shall meet for good faith discussions in an attempt prior to negotiate an amicable solutioneither Party pursuing judicial remedies. 20.2 23.2 Each Party shall notify the other Party of the dispute in accordance with Article 24, The Parties shall use good faith efforts to resolve such dispute within thirty (30) days after delivery of such notice, which good faith efforts shall include at least one in-person meeting between representatives of each Party having decision-making authority (subject only to Flexion’s Board of Directors’ or equivalent approval, if required). All discussions under this Article 23 are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 23.3 Any dispute arising between the Parties out of or in connection with this Agreementrelating to the existence, or the negotiation, validity, formation, interpretation, breach breach, performance or enforcement thereof, which cannot be amicably resolved pursuant to Section 20.1 above within two (2) months as from the first appearance application of such dispute, this Agreement shall be finally resolved settled by binding arbitration in accordance with the ICC rules of arbitration. Whenever a Party shall decide to institute arbitration proceedings, it shall give written notice to that effect to all of the other Parties. Any arbitration hereunder A sole arbitrator shall be conducted under the Rules of Conciliation and Arbitration of the International Chamber of Commerce. Any such arbitration shall be conducted in the English language by a panel of three (3) arbitrators appointed in accordance with such rules, and ICC rules of arbitration. The place of arbitration shall be held in PARIS, FRANCELondon. The arbitrators language used in the arbitration proceedings shall have be English. The arbitration shall be governed by the authority Arbitration ▇▇▇ ▇▇▇▇ to grant specific performance, the exclusion of any inconsistent state laws and to allocate among the parties the costs of arbitration in such equitable manner as they determine. Judgment upon judgment on the award so rendered by the arbitration may be entered in by any court having jurisdiction jurisdiction. Nothing in this Section 23.3 will preclude either Party from seeking equitable relief in accordance with Section 10.6 or application may be made to such interim or provisional relief from a court for judicial acceptance of any award so rendered and an order of enforcementcompetent jurisdiction, as the case may be. Whether including a claimtemporary restraining order, dispute preliminary injunction or other matter in question would be barred by interim equitable relief, concerning a dispute either prior to or during any arbitration if necessary to protect the applicable interests of such Party or to preserve the status quo pending the arbitration proceeding. The statute of limitations, which also limitations of England and Wales applicable to the commencement of a lawsuit shall apply to any the commencement of arbitration under this section, shall be determined by binding arbitration pursuant to this sectionSection 23.3. 20.3 Notwithstanding anything contained in this Article 20, either Party may seek preliminary or injunctive measures or relief in any competent court having jurisdiction.

Dispute Resolution and Arbitration. 20.1 In Except as provided in Section 26.3, in the event of any controversy or dispute arising between the Parties concerning this Agreement, GENTA JAGO and KRYPTON agree that in the first place they shall meet for good faith discussions in an attempt to negotiate an amicable solution. 20.2 Any dispute arising between the Parties out of or in connection with relating to any provision of this Agreement, or the interpretationconstruction, validity or breach or enforcement thereofthereof (a “Dispute”), which cannot be the Parties shall try to settle the Dispute amicably resolved pursuant between themselves, through the Steering Committee and/or Executive Sponsors. If the Parties fail to Section 20.1 above settle such Dispute within two thirty (230) months as from the first appearance days after written notice of such disputeDispute by one Party to the other Party, shall such matter may be referred by either Party to be exclusively and finally resolved by binding arbitration in accordance with the following provisions. Either Party may demand in writing such arbitration by sending a notice to arbitrate to the other Party and to the American Arbitration Association (the “AAA”), which shall administer the arbitration under its Commercial Arbitration Rules then in effect. In no event may any demand for arbitration be filed after the running of any applicable statute of limitation. The arbitration shall be held at the AAA’s offices located in the State of New York. The law applicable to the arbitration, including the administration and enforcement thereof, shall be the Federal Arbitration Act (9 USC §§1-16), as amended. Whenever a This agreement to arbitrate shall be specifically enforceable in any court of competent jurisdiction. For all Disputes, each Party shall decide select a neutral third party arbitrator, and the two Party-chosen arbitrators shall select a third neutral arbitrator who shall chair the arbitration panel. The arbitration shall be governed by the express terms of this Agreement and the laws of the State of Delaware. The arbitral panel shall have the power to institute grant monetary damages as well as injunctive or other specific relief. Notwithstanding the foregoing, each Party shall have the right to seek, without establishment of the arbitral panel, injunctive or other provisional relief from a court of competent jurisdiction that may be necessary to avoid irreparable harm or preserve the subject matter of a Dispute. Each Party shall bear its own costs and expenses and attorneys’ fees, and the arbitral panel may, in its discretion, require the non-prevailing Party to pay the arbitrators’ fees and any administrative fees of arbitration, reasonable attorneys’ fees and costs to the prevailing Party (in proportion to the extent to which the prevailing Party actually prevailed, given all of the monetary and non-monetary claims included within such arbitration), and the other Party shall pay the remainder of such arbitrators’ fees and administrative fees of arbitration; provided that, will respect to any claim brought by ▇▇▇▇▇ against Medtronic for breach of Section 3.1, 8.1, or 18.2(a) of this Agreement, the arbitral panel will require that the non-prevailing Party pay the arbitrators’ fees and any administrative fees of arbitration, reasonable attorneys’ fees and costs to the prevailing Party. Any award or portion thereof, whether preliminary or final, shall be in writing, signed by the arbitral panel, and shall state the reasons upon which the award or portion thereof is based. The award rendered by the arbitral panel shall be final and judgment may be entered upon it in accordance with applicable law in any court of competent jurisdiction. The Parties and the arbitral panel shall treat all aspects of the arbitration proceedings, it shall give written notice to that effect to all of the including discovery, testimony, other Parties. Any arbitration hereunder shall be conducted under the Rules of Conciliation and Arbitration of the International Chamber of Commerce. Any such arbitration shall be conducted in the English language by a panel of three (3) arbitrators appointed in accordance with such rulesevidence, briefs, and shall be held in PARISthe award, FRANCE. The arbitrators shall have as strictly confidential, not subject to disclosure to any third party or entity, other than to the authority to grant specific performanceParties, the arbitral panel, and to allocate among the parties AAA. These arbitration provisions shall survive the costs termination or expiration of arbitration in such equitable manner as they determine. Judgment upon the award so rendered may be entered in any court having jurisdiction or application may be made to such court for judicial acceptance of any award so rendered and an order of enforcement, as the case may be. Whether a claim, dispute or other matter in question would be barred by the applicable statute of limitations, which also shall apply to any arbitration under this section, shall be determined by binding arbitration pursuant to this sectionAgreement. 20.3 Notwithstanding anything contained in this Article 20, either Party may seek preliminary or injunctive measures or relief in any competent court having jurisdiction.

Dispute Resolution and Arbitration. 20.1 In Except as provided in Section 26.3, in the event of any controversy or dispute arising between the Parties concerning this Agreement, GENTA JAGO and KRYPTON agree that in the first place they shall meet for good faith discussions in an attempt to negotiate an amicable solution. 20.2 Any dispute arising between the Parties out of or in connection with relating to any provision of this Agreement, or the interpretationconstruction, validity or breach or enforcement thereofthereof (a “Dispute”), which cannot be the Parties shall try to settle the Dispute amicably resolved pursuant between themselves, through the Steering Committee and/or Executive Sponsors. If the Parties fail to Section 20.1 above settle such Dispute within two thirty (230) months as from the first appearance days after written notice of such disputeDispute by one Party to the other Party, shall such matter may be referred by either Party to be exclusively and finally resolved by binding arbitration in accordance with the following provisions. Either Party may demand in writing such arbitration by sending a notice to arbitrate to the other Party and to the American Arbitration Association (the “AAA”), which shall administer the arbitration under its Commercial Arbitration Rules then in effect. In no event may any demand for arbitration be filed after the running of any applicable statute of limitation. The arbitration shall be held at the AAA’s offices located in the State of New York. The law applicable to the arbitration, including the administration and enforcement thereof, shall be the Federal Arbitration Act (9 USC §§1-16), as amended. Whenever a This agreement to arbitrate shall be specifically enforceable in any court of competent jurisdiction. For all Disputes, each Party shall decide select a neutral third party arbitrator, and the two Party-chosen arbitrators shall select a third neutral arbitrator who shall chair the arbitration panel. The arbitration shall be governed by the express terms of this Agreement and the laws of the State of Delaware. The arbitral panel shall have the power to institute grant monetary damages as well as injunctive or other specific relief. Notwithstanding the foregoing, each Party shall have the right to seek, without establishment of the arbitral panel, injunctive or other provisional relief from a court of competent jurisdiction that may be necessary to avoid irreparable harm or preserve the subject matter of a Dispute. Each Party shall bear its own costs and expenses and attorneys’ fees, and the arbitral panel may, in its discretion, require the non-prevailing Party to pay the arbitrators’ fees and any administrative fees of arbitration, reasonable attorneys’ fees and costs to the prevailing Party (in proportion to the extent to which the prevailing Party actually prevailed, given all of the monetary and non-monetary claims included within such arbitration), and the other Party shall pay the remainder of such arbitrators’ fees and administrative fees of arbitration; provided that, will respect to any claim brought by M▇▇▇▇ against Medtronic for breach of Section 3.1, 8.1, or 18.2(a) of this Agreement, the arbitral panel will require that the non-prevailing Party pay the arbitrators’ fees and any administrative fees of arbitration, reasonable attorneys’ fees and costs to the prevailing Party. Any award or portion thereof, whether preliminary or final, shall be in writing, signed by the arbitral panel, and shall state the reasons upon which the award or portion thereof is based. The award rendered by the arbitral panel shall be final and judgment may be entered upon it in accordance with applicable law in any court of competent jurisdiction. The Parties and the arbitral panel shall treat all aspects of the arbitration proceedings, it shall give written notice to that effect to all of the including discovery, testimony, other Parties. Any arbitration hereunder shall be conducted under the Rules of Conciliation and Arbitration of the International Chamber of Commerce. Any such arbitration shall be conducted in the English language by a panel of three (3) arbitrators appointed in accordance with such rulesevidence, briefs, and shall be held in PARISthe award, FRANCE. The arbitrators shall have as strictly confidential, not subject to disclosure to any third party or entity, other than to the authority to grant specific performanceParties, the arbitral panel, and to allocate among the parties AAA. These arbitration provisions shall survive the costs termination or expiration of arbitration in such equitable manner as they determine. Judgment upon the award so rendered may be entered in any court having jurisdiction or application may be made to such court for judicial acceptance of any award so rendered and an order of enforcement, as the case may be. Whether a claim, dispute or other matter in question would be barred by the applicable statute of limitations, which also shall apply to any arbitration under this section, shall be determined by binding arbitration pursuant to this sectionAgreement. 20.3 Notwithstanding anything contained in this Article 20, either Party may seek preliminary or injunctive measures or relief in any competent court having jurisdiction.

Dispute Resolution and Arbitration. 20.1 In Any dispute between you and Tesla that is not resolved through negotiation will be resolved by binding, confidential arbitration. The governing law, location of arbitration, and exclusive venue for any litigation may vary depending on your region and are specified in the event of any dispute arising between the Parties concerning Region Addendum to this Agreement, GENTA JAGO . This Agreement (and KRYPTON agree that your access to and use of the Site and Content) is governed by the substantive laws of the jurisdiction indicated in the first place they shall meet Region Addendum for good faith discussions in an attempt your region, without regard to negotiate an amicable solution. 20.2 any provision relating to conflicts of laws. Any dispute arising between the Parties out of or in connection with this Agreementyou and Tesla that is not resolved through negotiation will be resolved by binding, or the interpretation, breach or enforcement thereof, which cannot be amicably resolved pursuant to Section 20.1 above within two (2) months as from the first appearance of such dispute, confidential arbitration . There shall be finally resolved by binding arbitrationa single arbitrator. Whenever a Party Arbitration shall decide to institute arbitration proceedings, it shall give written notice to that effect to all of the other Parties. Any arbitration hereunder shall be conducted under the Rules of Conciliation and Arbitration of the International Chamber of Commerce. Any such arbitration shall be conducted occur in the English language by a panel of three (3) arbitrators appointed language. Each party shall bear its own costs in accordance with such rules, and shall be held in PARIS, FRANCEthe arbitration unless the arbitrator awards costs to one party. The arbitrators arbitrator: (a) shall determine issues of arbitrability; (a) may award attorney fees to the prevailing party; (c) will not have any right or authority: (i) in excess of the authority that a court of competent jurisdiction in the venue indicated in the Region Addendum for your region would have absent this agreement to grant specific performancearbitrate; (ii) to award damages greater or different than the amounts and types permitted in this Agreement; (iii) to modify this Agreement; or (iv) to combine your claims together with the claims of any other person or class unless Tesla expressly consents in writing to such combination. Within 30 days after completion of the hearing, and to allocate among the parties arbitrator shall issue a written award which states the costs of arbitration in such equitable manner as they determinereasoning on which it is based. Judgment upon the award so rendered may be entered in any court having of competent jurisdiction. Subject to the agreement to arbitrate, the parties consent for all litigation and entry of judgment to the jurisdiction of the courts indicated in the Region Addendum for your region, and the parties waive objections to jurisdiction and venue in such courts. Any party may apply at any time to a court of competent jurisdiction for injunctive relief or application may be made interim or conservatory measures, and by doing so will not breach or waive its agreement to such court for judicial acceptance of any award so rendered and an order of enforcement, as arbitrate or impair the case may be. Whether a claim, dispute or other matter in question would be barred by the applicable statute of limitations, which also shall apply to any arbitration under this section, shall be determined by binding arbitration pursuant to this sectionarbitrator’s powers. 20.3 Notwithstanding anything contained in this Article 20, either Party may seek preliminary or injunctive measures or relief in any competent court having jurisdiction.