Sample Clauses

Arbitration

Specifies that disputes between the parties will be resolved through arbitration rather than through litigation in courts, detailing the process and rules to be followed.

Drafting Tips

Define the arbitration process, including the rules to be used, the seat of arbitration, and how arbitrators are selected. Consider whether arbitration limits legal rights or remedies.
Sample Clauses
Source Limited Liability Company Agreement [TIMBERLINE RESOURCES CORP]
(2020-01-10) - DE - Gold and Silver Ores

An arbitration under this Article XI shall be administered by the American Arbitration Association (the 'AAA') under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrators may be entered in any court of competent jurisdiction. In connection with any proceedings concerning the recognition or enforcement of the arbitral award, each Dispute Party consents to personal jurisdiction and venue in the federal and state courts in Reno, Nevada and waives any objection that it otherwise might have as to whether these courts are a sufficiently convenient forum.
Source Severance Agreement [ONCOLIX, INC.]
(2017-08-29) - FL - Pharmaceutical Preparations

Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity hereof, (collectively, a "Claim") shall be settled by arbitration pursuant to the rules of the American Arbitration Association. Any such arbitration shall be conducted by one arbitrator, with experience in the matters covered by this Agreement, mutually acceptable to the parties. If the parties are unable to agree on the arbitrator within thirty (30) days of one party giving the other party written notice of intent to arbitrate a Claim, the American Arbitration Association shall appoint an arbitrator with such qualifications to conduct such arbitration. The decision of the arbitrator in any such arbitration shall be conclusive and binding on the parties. Any such arbitration shall be conducted in Houston, Texas, unless the Executive consents to a different location.
Source Lease Amendment Agreement [ABIOMED INC]
(2018-02-06) - DE - Surgical & Medical Instruments & Apparatus

If, after the completion of Tenant's review in compliance with the preceding paragraph, Landlord and Tenant fail to resolve any discrepancy between Landlord's statement and Tenant's review, then either party may submit such dispute to arbitration conducted in [Location] administered by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules. Prior written notice of application by either party for arbitration shall be given to the other at least ten (10) days before submission of the application to the said AAA's office, in the City of [Location]. The arbitrator shall hear the parties and their evidence. The decision of the arbitrator shall be binding and conclusive, and judgment upon the award or decision of the arbitrator may be entered in the applicable Superior Court of the [State]. Each party shall bear their respective costs incurred in connection with any such arbitration.
Source Executive Separation Agreement [ALBANY INTERNATIONAL CORP /DE/]
(2020-02-28) - DE - Broadwoven Fabric Mills, Man Made Fiber & Silk

The Parties agree that any and all disputes arising out of the terms of this Agreement, Executive's employment by the Company, Executive's service as an officer or director of the Company, or Executive's compensation and benefits, their interpretation, and any of the matters herein released, will be subject to binding arbitration in New York, New York under the American Arbitration Association's National Rules for the Resolution of Employment Disputes. The Parties agree that the prevailing party in any arbitration will be entitled to injunctive relief in any court of competent jurisdiction.
Source Executive Employment Agreement [APRIA, INC.]
(2021-01-15) - DE - Services-Home Health Care Services

Any dispute or controversy between the parties shall be submitted for resolution by arbitration in accordance with the provisions of the Employment Agreement.
Source Master Services Agreement [ASSETMARK FINANCIAL HOLDINGS, INC.]
(2019-06-24) - DE - Investment Advice

Administered Arbitration, and judgment upon the award rendered by the arbitrators may be entered by any court having jurisdiction thereof. Arbitration proceedings shall take place in the city of [Company.Location] or such other location designated by Company. Except as may be required by law, neither party nor an arbitrator may disclose the existence, content, status or results of any arbitration hereunder without the prior written consent of both parties. The procedures specified in this Section shall be the sole and exclusive procedures for the resolution of disputes between the parties arising out of or relating to this Agreement or any SOW hereunder except as otherwise expressly provided in this Agreement. If each of the countries in which Supplier will be performing the Agreement is a signatory to the New York Convention on the Recognition and Enforcement of Arbitral Awards, the arbitration award shall be enforceable under the convention in all relevant foreign jurisdictions.
Source Master Services Agreement [ASSETMARK FINANCIAL HOLDINGS, INC.]
(2019-06-24) - DE - Investment Advice

Arbitration as described above to avoid the expiration of any applicable limitations of actions or other period.
Source Confidential Separation and Release Agreement [AVERY DENNISON CORPORATION]
(2018-02-21) - DE - Converted Paper & Paperboard Prods (No Contaners/Boxes)

Any aspect of Your employment shall be finally determined by arbitration administered by the American Arbitration Association and governed by its commercial arbitration rules in effect as of the date of this Agreement. The seat and place of arbitration shall be and all hearings shall take place in [Location], and any and all awards and other decisions shall be deemed to have been made there. All hearings shall take place in [Location]. The language of the arbitration shall be English. The number of arbitrators shall be one. All orders, decisions, and awards rendered by the arbitral tribunal will be final, binding, and enforceable by any court of competent jurisdiction.
Source Client Agreement [BLACKSTAR ENTERPRISE GROUP, INC.]
(2018-09-05) - DE - Finance Services

In the event that any Disputes between the Parties have not been resolved through conciliation or mediation, they shall be submitted to final and binding arbitration under the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (rather than any state law arbitration statute or rule), before a single arbitrator in accordance with this section of the Agreement and the terms of the American Arbitration Association's (AAA) then-applicable commercial arbitration rules.
Source Collaborative Development and Commercialization Agreement [ACHAOGEN, INC.]
(2017-05-08) - DE - Pharmaceutical Preparations

Arbitration will be conducted exclusively in the State of Delaware by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and Supplementary Procedures for Large Complex Disputes, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. [***]. Notwithstanding anything in this Agreement to the contrary, each Party shall have the right, at its election, to seek injunctive or other equitable relief in any court of competent jurisdiction to enforce or obtain compliance with any provision of this Agreement without first submitting such matter to arbitration. All rights and remedies hereunder shall be cumulative, may be exercised singularly or concurrently and, unless otherwise stated herein, shall not be deemed exclusive.
Source Executive Separation Agreement [ALBANY INTERNATIONAL CORP /DE/]
(2020-02-28) - DE - Broadwoven Fabric Mills, Man Made Fiber & Silk

The Parties agree that any and all disputes arising out of the terms of this Agreement, Executive's employment by the Company, Executive's service as an officer or director of the Company, or Executive's compensation and benefits, their interpretation, and any of the matters herein released, will be subject to binding arbitration in New York, New York under the American Arbitration Association's National Rules for the Resolution of Employment Disputes. The Parties agree that the prevailing party in any arbitration will be entitled to injunctive relief in any court of competent jurisdiction
Source Master Repurchase Agreement [AMERIHOME, INC.]
(2020-10-16) - DE - Mortgage Bankers & Loan Correspondents

The Mortgagor is not subject to mandatory arbitration to resolve any dispute arising out of or relating in any way to the mortgage loan transaction.
Source Employment Agreement [APPLIED OPTOELECTRONICS, INC.]
(2018-02-28) - DE - Semiconductors & Related Devices

Any dispute or controversy arising under or in connection with this Agreement or otherwise in connection with the Executive's employment by the Company that cannot be mutually resolved by the parties to this Agreement and their respective advisors and representatives shall be settled exclusively by arbitration in Harris County, Houston, Texas in accordance with the rules of the American Arbitration Association before one arbitrator of exemplary qualifications and stature, who shall be selected jointly by an individual to be designated by the Company and an individual to be selected by the Executive, or if such two individuals cannot agree on the selection of the arbitrator, who shall be selected by the American Arbitration Association.
Source Employment Agreement [ARKO CORP.]
(2021-03-25) - DE - Retail-Convenience Stores

Any dispute, controversy, or claim arising out of or related to this Agreement or any breach of this Agreement shall be submitted to and decided by binding arbitration to be held in Richmond, Virginia. The Company shall pay all arbitration related fees and costs, but not attorney's fees subject to the provision below. Arbitration shall be administered exclusively by the American Arbitration Association and shall be conducted consistent with the rules, regulations, and requirements thereof as well as any requirements imposed by state law. Any arbitral award determination shall be final and binding upon the parties. The parties further agree that if the arbitral award concludes that either party is in violation, breach or nonperformance of any of the terms of this Agreement, the non-prevailing party shall pay the reasonable attorneys' fees of the prevailing party.
Source Master Services Agreement [ASSETMARK FINANCIAL HOLDINGS, INC.]
(2019-06-24) - DE - Investment Advice

Arbitration as described above to avoid the expiration of any applicable limitations of actions or other period.
Source Development and Manufacturing Services Agreement [ATARA BIOTHERAPEUTICS, INC.]
(2018-08-01) - DE - Biological Products, (No Diagnostic Substances)

20.2Arbitration. Any Dispute referred for arbitration shall be finally settled under the Rules of the International Centre for Dispute Resolution (the "Rules of Arbitration") then in force, by one arbitrator appointed in accordance with such Rules of Arbitration. The Arbitral Tribunal shall be guided by the IBA Rules on the Taking of Evidence in International Arbitration, and there shall be no depositions. The place of the arbitration shall be New York, New York, United States of America. The language of the arbitration shall be English.
Source Retention Agreement [AUDENTES THERAPEUTICS, INC.]
(2019-12-16) - DE - Biological Products, (No Diagnostic Substances)

Except for an action for injunctive relief to enforce the terms of this release, any disputes arising out of this release or the matters released by its terms, including questions as to arbitrability, will be heard in San Francisco, before a single neutral arbitrator selected from a list provided by and in accordance with JAMS rules, or as the parties may otherwise agree. The arbitrator's decision and/or award will be final and binding, and a party may request a court to enter judgment on any award. Unless otherwise provided by law, the arbitrator's fees and expenses shall be borne equally by the parties, and all other fees and expenses relating to arbitration shall be borne by the party incurring them.
Source Subscription Agreement [AURORA MOBILE LTD]
(2018-06-01) - E9 - Services-Computer Programming, Data Processing, Etc.

Any dispute or claim arising out of or in connection with or relating to this Agreement or any other Transaction Document, or the breach, termination or invalidity hereof or thereof (including the validity, scope and enforceability of this arbitration provision) (a "Dispute"), shall be finally resolved by arbitration.
Source Exclusive Technology Consulting and Services Agreement [AUTOHOME INC.]
(2021-03-02) - Services-Computer Processing & Data Preparation

If any dispute arises in connection with this Agreement, the parties shall attempt in the first instance to resolve such dispute through friendly consultation or mediation. If the dispute cannot be resolved in the above manner within [Arbitration.Timeframe] after the commencement of the consultation or mediation, either party may submit the dispute to arbitration as follows: all disputes arising out of or in connection with this Agreement shall be submitted to the [Arbitration.Commission] for arbitration in accordance with the Commission's then-current rules; and the arbitration shall be held in [Arbitration.Location] and conducted in the [Arbitration.Language] language, with the arbitral award being final and binding upon the parties.
Source Employment Agreement [AUTOLIV INC]
(2018-07-27) - DE - Motor Vehicle Parts & Accessories

The arbitration shall take place in [Location] and, unless otherwise agreed to by both parties, there shall be [Number.Arbitrators] arbitrators. Each party has the right to name one of the arbitrators, the third arbitrator has to be named by the arbitrators, named by the parties. All costs and expenses for the arbitration, whether initiated by the Company or by the Executive, including the Executive's costs for solicitor, shall be borne by the Company, unless the arbitrators determine the Executive's claim(s) to be frivolous and in bad faith, in which case the arbitrators may allocate costs as they deem fit. Any payments due to the Executive pursuant to the preceding sentence shall be made within fifteen (15) business days after delivery of the Executive's written request for payment accompanied with such evidence of costs and expenses incurred as the Company reasonably may require.
Source License Agreement [AVROBIO, INC.]
(2018-05-25) - DE - Biological Products, (No Diagnostic Substances)

In the event that any Dispute is not resolved as provided in Section 11.3.2 within the relevant time period, then such Dispute will be finally settled by arbitration in accordance with this Section 11.3. The arbitration will be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (or its successor organization) ('AAA') and as further provided below, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.