Dispute Resolution Clause Example with 4 Variations from Business Contracts

This page contains Dispute Resolution clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
Dispute Resolution. To ensure the timely and economical resolution of disputes that arise in connection with this Agreement, Executive and the Company agree that, except as excluded herein, any and all controversies, claims and disputes arising out of or relating to this Agreement, including without limitation any alleged violation of its terms or otherwise arising out of the Parties' relationship, shall be resolved solely and exclusively by final and binding arbitration held in Alameda County, California through J...AMS in conformity with California law and the then-existing JAMS employment arbitration rules, which can be found at https://www.jamsadr.com/rules-employment-arbitration/. The Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. shall govern the interpretation and enforcement of this arbitration clause. All remedies available from a court of competent jurisdiction shall be available in the arbitration; provided, however, in the event of a breach of Sections 12(a) or 12(b), the Company may request relief from a court of competent jurisdiction if such relief is not available or not available in a timely fashion through arbitration as determined by the Company. The arbitrator shall: (a) provide adequate discovery for the resolution of the dispute; and (b) issue a written arbitration decision, to include the arbitrator's essential findings and conclusions and a statement of the award. The arbitrator shall award the prevailing Party attorneys' fees and expert fees, if any. Notwithstanding the foregoing, it is acknowledged that it will be impossible to measure in money the damages that would be suffered if the Parties fail to comply with any of the obligations imposed on them under Sections 12(a) and 12(b), and that in the -7- event of any such failure, an aggrieved person will be irreparably damaged and will not have an adequate remedy at law. Any such person shall, therefore, be entitled to seek injunctive relief, including specific performance, to enforce such obligations, and if any action shall be brought in equity to enforce any of the provisions of Sections 12(a) and 12(b), none of the Parties shall raise the defense, without a good faith basis for raising such defense, that there is an adequate remedy at law. Executive and the Company understand that by agreement to arbitrate any claim pursuant to this Section 13, they will not have the right to have any claim decided by a jury or a court, but shall instead have any claim decided through arbitration. Executive and the Company waive any constitutional or other right to bring claims covered by this Agreement other than in their individual capacities. Except as may be prohibited by applicable law, the foregoing waiver includes the ability to assert claims as a plaintiff or class member in any purported class or collective action or representative proceeding. Nothing herein shall limit Executive's ability to pursue claims for workers compensation or unemployment benefits or pursue other claims which by law cannot be subject to mandatory arbitration. View More

Variations of a "Dispute Resolution" Clause from Business Contracts

Dispute Resolution. To ensure the timely and economical resolution of disputes that arise in connection with this Agreement, Executive agreement, you and the Company agree that, except as excluded herein, that any and all controversies, claims and disputes arising out of or relating to this Agreement, agreement, including without limitation any alleged violation of its terms or otherwise arising out of the Parties' relationship, terms, shall be resolved be resolved solely and exclusively by final and binding arbitr...ation held in Alameda County, [San Mateo County], California through JAMS in conformity with California law and the then-existing JAMS employment arbitration rules, which can be found at https://www.jamsadr.com/rules-employment-arbitration/. The Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. shall govern the interpretation and enforcement of this arbitration clause. All remedies available from a court of competent jurisdiction shall be available in the arbitration; provided, however, in the event of a breach of Sections 12(a) or 12(b), the Company may request relief from a court of competent jurisdiction if such relief is not available or not available in a timely fashion through arbitration as determined by the Company. The arbitrator shall: (a) provide adequate discovery for the resolution of the dispute; and (b) issue a written arbitration decision, to include the arbitrator's essential findings and conclusions and a statement of the award. The arbitrator shall award the prevailing Party party attorneys' fees and expert fees, if any. Notwithstanding the foregoing, it is acknowledged that it will be impossible to measure in money the damages that would be suffered if the Parties parties fail to comply with any of the obligations imposed on them under Sections 12(a) and 12(b), Section 3, and that in the -7- event of any such failure, an aggrieved person will be irreparably damaged and will not have an adequate remedy at law. Any such person shall, therefore, be entitled to seek injunctive relief, including specific performance, to enforce such obligations, and if any action shall be brought in equity to enforce any of the provisions of Sections 12(a) and 12(b), Section 3, none of the Parties parties shall raise the defense, without a good faith basis for raising such defense, defense that there is an adequate remedy at law. Executive You and the Company understand that by agreement to arbitrate any claim pursuant to this Section 13, they 7, you will not have the right to have any claim decided by a jury or a court, but shall instead have any claim decided through arbitration. Executive You and the Company waive any constitutional or other right to bring claims covered by this Agreement agreement other than in their your individual capacities. Except as may be prohibited by applicable law, the foregoing waiver includes the ability to assert claims as a plaintiff or class member in any purported class or collective action or representative proceeding. Nothing herein shall limit Executive's ability to pursue claims for workers compensation or unemployment benefits or pursue other claims which by law cannot be subject to mandatory arbitration. View More
Dispute Resolution. To ensure the timely and economical resolution of disputes that arise in connection with this Agreement, Executive agreement, you and the Company agree that, except as excluded herein, that any and all controversies, claims and disputes arising out of or relating to this Agreement, agreement, including without limitation any alleged violation of its terms or otherwise arising out of the Parties' relationship, terms, shall be resolved be resolved solely and exclusively by final and binding arbitr...ation held in Alameda San Mateo County, California through JAMS in conformity with California law and the then-existing JAMS employment arbitration rules, which can be found at https://www.jamsadr.com/rules-employment-arbitration/. The Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. shall govern the interpretation and enforcement of this arbitration clause. All remedies available from a court of competent jurisdiction shall be available in the arbitration; provided, however, in the event of a breach of Sections 12(a) or 12(b), the Company may request relief from a court of competent jurisdiction if such relief is not available or not available in a timely fashion through arbitration as determined by the Company. The arbitrator shall: (a) provide adequate discovery for the resolution of the dispute; and (b) issue a written arbitration decision, to include the arbitrator's essential findings and conclusions and a statement of the award. The arbitrator shall award the prevailing Party party attorneys' fees and expert fees, if any. Notwithstanding the foregoing, it is acknowledged that it will be impossible to measure in money the damages that would be suffered if the Parties parties fail to comply with any of the obligations imposed on them under Sections 12(a) and 12(b), Section 3, and that in the -7- event of any such failure, an aggrieved person will be irreparably damaged and will not have an adequate remedy at law. Any such person shall, therefore, be entitled to seek injunctive relief, including specific performance, to enforce such obligations, and if any action shall be brought in equity to enforce any of the provisions of Sections 12(a) and 12(b), Section 3, none of the Parties parties shall raise the defense, without a good faith basis for raising such defense, defense that there is an adequate remedy at law. Executive You and the Company understand that by agreement to arbitrate any claim pursuant to this Section 13, they 7, you will not have the right to have any claim decided by a jury or a court, but shall instead have any claim decided through arbitration. Executive You and the Company waive any constitutional or other right to bring claims covered by this Agreement agreement other than in their your individual capacities. Except as may be prohibited by applicable law, the foregoing waiver includes the ability to assert claims as a plaintiff or class member in any purported class or collective action or representative proceeding. Nothing herein shall limit Executive's ability to pursue claims for workers compensation or unemployment benefits or pursue other claims which by law cannot be subject to mandatory arbitration. View More
Dispute Resolution. To ensure the timely and economical resolution of disputes that arise in connection with this Agreement, Executive agreement, you and the Company agree that, except as excluded herein, that any and all controversies, claims and disputes arising out of or relating to this Agreement, agreement, including without limitation any alleged violation of its terms or otherwise arising out of the Parties' relationship, terms, shall be resolved be resolved solely and exclusively by final and binding arbitr...ation held in Alameda San Mateo County, California through JAMS in conformity with California law and the then-existing JAMS employment arbitration rules, which can be found at https://www.jamsadr.com/rules-employment-arbitration/. The Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. shall govern the interpretation and enforcement of this arbitration clause. All remedies available from a court of competent jurisdiction shall be available in the arbitration; provided, however, in the event of a breach of Sections 12(a) or 12(b), the Company may request relief from a court of competent jurisdiction if such relief is not available or not available in a timely fashion through arbitration as determined by the Company. The arbitrator shall: (a) provide adequate discovery for the resolution of the dispute; and (b) issue a written arbitration decision, to include the arbitrator's essential findings and conclusions and a statement of the award. The arbitrator shall award the prevailing Party party attorneys' fees and expert fees, if any. Notwithstanding the foregoing, it is acknowledged that it will be impossible to measure in money the damages that would be suffered if the Parties parties fail to comply with any of the obligations imposed on them under Sections 12(a) and 12(b), Section 3, and that in the -7- event of any such failure, an aggrieved person will be irreparably damaged and will not have an adequate remedy at law. Any such person shall, therefore, be entitled to seek injunctive relief, including specific performance, to enforce such obligations, and if any action shall be brought in equity to enforce any of the provisions of Sections 12(a) and 12(b), Section 3, none of the Parties parties shall raise the defense, without a good faith basis for raising such defense, defense that there is an adequate remedy at law. Executive You and the Company understand that by agreement to arbitrate any claim pursuant to this Section 13, they 7, you will not have the right to have any claim decided by a jury or a court, but shall instead have any claim decided through arbitration. Executive arbitration; provided, however, in Page 9 the event of a breach of Sections 3, the Company may request relief from a court of competent jurisdiction if such relief is not available or not available in a timely fashion through arbitration as determined by the Company. You and the Company waive any constitutional or other right to bring claims covered by this Agreement agreement other than in their your individual capacities. Except as may be prohibited by applicable law, the foregoing waiver includes the ability to assert claims as a plaintiff or class member in any purported class or collective action or representative proceeding. Nothing herein shall limit Executive's ability to pursue claims for workers compensation or unemployment benefits or pursue other claims which by law cannot be subject to mandatory arbitration. View More
Dispute Resolution. To ensure the timely and economical resolution of disputes that arise in connection with this Agreement, Executive agreement, you and the Company agree that, except as excluded herein, that any and all controversies, claims and disputes arising out of or relating to this Agreement, agreement, including without limitation any alleged violation of its terms or otherwise arising out of the Parties' relationship, terms, shall be resolved be resolved solely and exclusively by final and binding arbitr...ation held in Alameda San Mateo County, California through JAMS in conformity with California law and the then-existing JAMS employment arbitration rules, which can be found at https://www.jamsadr.com/rules-employment-arbitration/. The Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. shall govern the interpretation and enforcement of this arbitration clause. All remedies available from a court of competent jurisdiction shall be available in the arbitration; provided, however, in the event of a breach of Sections 12(a) or 12(b), the Company may request relief from a court of competent jurisdiction if such relief is not available or not available in a timely fashion through arbitration as determined by the Company. The arbitrator shall: (a) provide adequate discovery for the resolution of the dispute; and (b) issue a written arbitration decision, to include the arbitrator's essential findings and conclusions and a statement of the award. The arbitrator shall award the prevailing Party party attorneys' fees and expert fees, if any. Notwithstanding the foregoing, it is acknowledged that it will be impossible to measure in money the damages that would be suffered if the Parties parties fail to comply with any of the obligations imposed on them under Sections 12(a) and 12(b), Section 3, and that in the -7- event of any such failure, an aggrieved person will be irreparably damaged and will not have an adequate remedy at law. Any such person shall, therefore, be entitled to seek injunctive relief, including specific performance, to enforce such obligations, and if any action shall be brought in equity to enforce any of the provisions of Sections 12(a) and 12(b), Section 3, none of the Parties parties shall raise the defense, without a good faith basis for raising such defense, defense that there is an adequate remedy at law. Executive You and the Company understand that by agreement to arbitrate any claim pursuant to this Section 13, they 7, you will not have the right to have any claim decided by a jury or a court, but shall instead have any claim decided through arbitration. Executive arbitration; provided, however, in the event of a breach of Section 3, the Company may request relief from a court of competent jurisdiction if such relief is not available or not available in a timely fashion through arbitration as determined by the Company. You and the Company waive any constitutional or other right to bring claims covered by this Agreement agreement other than in their your individual capacities. Except as may be prohibited by applicable law, the foregoing waiver includes the ability to assert claims as a plaintiff or class member in any purported class or collective action or representative proceeding. Nothing herein shall limit Executive's ability to pursue claims for workers compensation or unemployment benefits or pursue other claims which by law cannot be subject to mandatory arbitration. View More