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Bibliothèque de clauses

Arbitration Exemples de clauses

A contractual provision requiring disputes to be resolved through binding arbitration rather than litigation in courts.

20 exemplesSource : SEC EDGAR

Arbitration Clause Overview

An arbitration clause requires disputes to be resolved by a private arbitrator or arbitration panel instead of in court, with the arbitrator's decision typically being final and binding rather than something either side can freely appeal.

Parties choose arbitration for reasons like confidentiality (court cases are often public, arbitration usually isn't), a faster process, or a neutral forum when the parties are based in different countries and don't want to litigate on the other side's home turf.

Check the arbitration rules and administering institution specified, the seat or location of arbitration, how arbitrators are selected, and whether arbitration is mandatory for all disputes or only certain types. Some agreements carve out specific claims, like emergency injunctive relief, that can still go to court.

Exemples de clauses - Arbitration

TIMBERLINE RESOURCES CORPLimited Liability Company Agreement2020-01-10DEGold 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.
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ONCOLIX, INC.Severance Agreement2017-08-29FLPharmaceutical 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.
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ABIOMED INCLease Amendment Agreement2018-02-06DESurgical & 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.
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ALBANY INTERNATIONAL CORP /DE/Executive Separation Agreement2020-02-28DEBroadwoven 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.
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APRIA, INC.Executive Employment Agreement2021-01-15DEServices-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.
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ASSETMARK FINANCIAL HOLDINGS, INC.Master Services Agreement2019-06-24DEInvestment 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.
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ASSETMARK FINANCIAL HOLDINGS, INC.Master Services Agreement2019-06-24DEInvestment Advice
Arbitration as described above to avoid the expiration of any applicable limitations of actions or other period.
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AVERY DENNISON CORPORATIONConfidential Separation and Release Agreement2018-02-21DEConverted 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.
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BLACKSTAR ENTERPRISE GROUP, INC.Client Agreement2018-09-05DEFinance 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.
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ACHAOGEN, INC.Collaborative Development and Commercialization Agreement2017-05-08DEPharmaceutical 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.
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ALBANY INTERNATIONAL CORP /DE/Executive Separation Agreement2020-02-28DEBroadwoven 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
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AMERIHOME, INC.Master Repurchase Agreement2020-10-16DEMortgage 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.
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APPLIED OPTOELECTRONICS, INC.Employment Agreement2018-02-28DESemiconductors & 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.
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ARKO CORP.Employment Agreement2021-03-25DERetail-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.
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ASSETMARK FINANCIAL HOLDINGS, INC.Master Services Agreement2019-06-24DEInvestment Advice
Arbitration as described above to avoid the expiration of any applicable limitations of actions or other period.
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AUDENTES THERAPEUTICS, INC.Retention Agreement2019-12-16DEBiological 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.
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AURORA MOBILE LTDSubscription Agreement
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.
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AUTOHOME INC.Exclusive Technology Consulting and Services Agreement
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.
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AUTOLIV INCEmployment Agreement2018-07-27DEMotor 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.
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AVROBIO, INC.License Agreement2018-05-25DEBiological 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.
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Tous les exemples de clauses proviennent de dépôts publics SEC EDGAR. Ces clauses sont fournies uniquement à des fins pédagogiques et de référence et ne constituent pas un avis juridique. Consultez toujours un avocat qualifié avant d'utiliser une clause dans vos contrats.

Foire aux questions

Qu'est-ce que la clause de Arbitration ?
A contractual provision requiring disputes to be resolved through binding arbitration rather than litigation in courts.
Quand un contrat inclurait-il la clause de Arbitration ?
En général, les parties ajoutent une clause comme celle-ci lorsque la question sous-jacente est suffisamment importante pour qu'elles souhaitent que l'accord lui-même énonce une position claire et négociée, plutôt que de la laisser à l'interprétation, à la coutume de l'industrie ou à toute autre règle par défaut qui s'appliquerait autrement. La spécificité de la formulation reflète généralement l'importance de ce point lors de la négociation.
À quoi dois-je faire attention lors de l'examen de la clause de Arbitration ?
La formulation de ce type de clause varie beaucoup d'un contrat à l'autre ; la portée, les conditions de déclenchement, les exceptions et les termes définis connexes sont souvent lourdement négociés. Lorsque vous en examinez une, comparez-la à vos propres priorités plutôt que de supposer qu'une version standard ou « du marché » s'applique, et vérifiez comment elle interagit avec les autres clauses du même accord.
Cette clause est-elle légalement requise, et puis-je simplement copier un exemple dans mon contrat ?
La nécessité d'une clause comme celle-ci, et la manière exacte dont elle doit être formulée, dépendent du contrat, de l'industrie et des lois applicables à cet accord spécifique. Les exemples sur cette page sont fournis à des fins d'éducation générale et de référence, et non de conseils juridiques. Par conséquent, pour un contrat que vous avez l'intention de signer, faites examiner la formulation spécifique par un avocat qualifié.

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