MANDATORY BINDING ARBITRATION definition

MANDATORY BINDING ARBITRATION. Any disputes, claims, issues or controversies between any Owner and Declarant or between the Association and Declarant regarding any matters that arise out of or are in any way related to the Project, the relationship between Owner and Declarant or the relationship between the Association and Declarant, whether contractual or tort, including, but not limited to, the purchase, sale, condition, design, construction or materials used in construction of any portion of the Project or the agreement between Declarant and any Owner to purchase a Parcel or any related agreement, including, but not limited to warranties, disclosures, or alleged construction defects (latent or patent), (collectively "disputes") except as otherwise set forth herein, shall be resolved through the procedures established in this Declaration. The party who has a dispute with Declarant is referred to as the "Claimant" in this Section. If negotiations fail then all such disputes shall be resolved by neutral, binding arbitration and not by any court action except as provided for judicial review of arbitration proceedings by California law. Except as otherwise set forth herein, the arbitration proceedings shall be conducted by and in accordance with the rules of Judicial Arbitration and Mediation Services, Inc. (JAMS/Endispute) or any successor thereto and, except for procedural issues, the arbitration proceedings, the ultimate decisions of the arbitrator, and the arbitrator shall be subject to and bound by existing California case and statutory law including, but not limited, to applicable statutes of limitation such as California Code of Civil Procedure Sections 337, 337.15(a), 338(d), 340, and 340(3). Nothing herein shall toll, extend, shorten or otherwise affect any applicable statute of limitation. Should JAMS/Endispute cease to exist, as such, then all references herein to JAMS/Endispute shall be deemed to refer to its successor or, if none, to the American Arbitration Association (in which case its commercial arbitration rules shall be used).
Sample 1Sample 2Sample 3
MANDATORY BINDING ARBITRATION. As more fully set out in the Group Agreement I Evidence of Coverage/ Policy/ Certificate, we agree that binding arbitration is the final process for the resolution of any dispute arising out of or relating to the health plan or Policy / Certificate. This does not apply to malpractice claims brought against participating providers. By enrolling in any of these plans, Employer and Members waive their constitutional right to a trial before a jury or judge.
Sample 1

Examples of MANDATORY BINDING ARBITRATION in a sentence

  • Until such an agreement is reached, Article 19 (Mandatory Binding Arbitration) shall not apply with respect to such a Covered Tax Agreement.

  • Anyone may file comments or objections in favor of or in protest of an application with the division of financial institutions within ten business days after the date of publication as required in paragraph (E)(2)(a) of this rule.

  • Each competent authority shall appoint one panel member within 60 days of the date of the request for arbitration under paragraph 1 of Article 19 (Mandatory Binding Arbitration).

  • Notwithstanding paragraph 4 of Article 19 (Mandatory Binding Arbitration), an arbitration decision pursuant to this Part shall not be binding on the Contracting Jurisdictions to a Covered Tax Agreement and shall not be implemented if the competent authorities of the Contracting Jurisdictions agree on a different resolution of all unresolved issues within three calendar months after the arbitration decision has been delivered to them.

  • Notwithstanding paragraph 4 of Article 25A (Mandatory Binding Arbitration), an arbitration decision pursuant to Articles 25A to 25H shall not be binding on the Contracting States and shall not be implemented if the competent authorities of the Contracting States agree on a different resolution of all unresolved issues within three calendar months after the arbitration decision has been delivered to them.

  • Sternlight, Mandatory Binding Arbitration and the Demise of the Seventh Amendment Right to a Jury Trial, 16 OHIO ST.

  • Notwithstanding paragraph 4 of Article 24A (Mandatory Binding Arbitration), an arbitration decision pursuant to Articles 24A to 24H shall not be binding on the Contracting States and shall not be implemented if the competent authorities of the Contracting States agree on a different resolution of all unresolved issues within three calendar months after the arbitration decision has been delivered to them.

  • Sternlight, As Mandatory Binding Arbitration Meets the Class Action, Will the Class Action Survive?, 42 Wm. & Mary L.

  • Dispute Resolution by Mandatory, Binding Arbitration PLEASE READ THIS SECTION CAREFULLY.

  • Sternlight, Mandatory Binding Arbitration Clauses Prevent Consumers from Presenting Procedurally Difficult Claims, 42 SOUTHWESTERN L.

Related to MANDATORY BINDING ARBITRATION

  • Notice of Arbitration means the formal notice from the CONTRACTOR or the CUSTOMER to the other party referring a dispute to arbitration in accordance with the provisions of Schedule 2-9.

  • Voluntary arbitration means the procedure whereby parties involved in a labor dispute

  • Arbitrable Dispute means any dispute arising under or in connection with this Agreement.

  • Arbitration means any arbitration whether or not administered by a permanent arbitral institution;

  • Arbitration Notice has the meaning set forth in Section 9.13.

  • Alternative dispute resolution means mediation, arbitration, conciliation, or other nonjudicial procedure that involves a neutral party in the decisionmaking process. The form of alternative dispute resolution chosen pursuant to this article may be binding or nonbinding, with the voluntary consent of the parties.

  • Arbitration Panel shall have the meaning set forth in Section 3 hereof.

  • Arbitration Request shall have the meaning set forth in Section 7.3(a).

  • Arbitration Award shall have the meaning given such term in Section 22.5.

  • Dispute Resolution Procedure means the procedure for resolution of Disputes set forth in Article 26;

  • Arbitration Tribunal means an organ composed of an odd number of persons known as arbitrators, who decide on the solution of a conflict in which the parties have expressly waived recourse to the ordinary civil courts

  • Accounting Arbitrator has the meaning set forth in Section 2.6(c).

  • Compulsory arbitration means the procedure whereby parties involved in a labor dispute

  • Mediation means any process in which a mediator facilitates communication and negotiation between the parties to assist them in reaching a voluntary agreement regarding their dispute.

  • Expedited Dispute Timetable means the timetable set out in paragraph 164 of Call Off Schedule 11 (Dispute Resolution Procedure);

  • Arbitration Board has the meaning set forth in Section 9.10.

  • Dispute Resolution means the procedure set forth in this LGIP for resolution of a dispute between the Parties.

  • Dispute Resolution Process means the process described in clause 9

  • Dispute Resolution Procedures means the procedures outlined in Annexure A of the MSA Determination.

  • dispute resolution proceeding ’ means any process in which an alternative means of dispute resolution is used to resolve an issue in controversy in which a neutral is appointed and specified parties participate;

  • UNCITRAL Arbitration Rules means the arbitration rules of the United Nations Commission on International Trade Law.

  • arbitration agreement means an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not;

  • the decisions means the decisions of the CMA on the questions which it is required to answer by virtue of section 35 of the Act;

  • Arbitration Act means the Arbitration and Conciliation Act, 1996 and shall include modifications to or any re-enactment thereof, as in force from time to time;

  • ICC Rules means the Rules of Arbitration of the International Chamber of Commerce in effect on the date the applicable arbitration proceeding begins.

  • AAA Rules has the meaning set forth in Section 11.2.