Fill and Sign the 09 Arbitrationlong Form Provision

§ 23.09 Arbitration—Long -Form Provision Page 674 Article X—AR BITRATION Section X.01. Scope of Arbitration. Any controversy or claim arising out of or relating to this Agreement is to be resolved by arbitration. Section X.02. Administration of Arbitration. The arbitration is to be administered by the American Arbitration Association and is to be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Section X.03. Appoint ment of Arbitrato rs. The arbitration is to be held before a panel of three arbitrators, each of whom must be independent of the parties. No later than 15 days after the arbitration begins, each party shall select an arbitrator and request the two selected arbitrators to select a third neutral arbitrator. If the two arbitrators fail to select a third on or before the tenth day after the second arbitrator was selected, either party is entitled to request the American Arbitration Association to appoint the third neutral arbitrator in accordance with its rules. Before beginning the hearings, each arbitrator must take an oath or provide an undertaking of impartiality. Section X.04. Scope o f Arbitrator’s Au thority. (a) Interim Relief. Either party is entitled to seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party. By doing so, that party does not waive any right or remedy under this Agreement. The interim or provisional relief is to remain in effect until [an arbitral tribunal is established] [the arbitration award is rendered or the controversy is resolved]. (c) Punitive Damages. The arbitrators have no authority to award punitive damages or other damages not measured by the prevailing party’s actual damages, and may not, in any event, make any ruling, finding or award that does not conform to the provisions of this Agreement. Page 675 Section X.05. Time Limitation. Any arbitration proceeding under this Agreement must be commenced no later than one year after the controversy or claim arose. Failure timely to commence an arbitration proceeding constitutes both an absolute bar to the commencement of any arbitration proceedings with respect to the controversy or claim, and a waiver of the controversy or claim. Section X.06. Choice of Law. The arbitrators are to interpret all controversies and claims arising under or relating to this Agreement in accordance with the laws of ___________, without regard to its conflict of laws principles. Section X.07. Venue. The arbitration is to be conducted in _______________. Section X.08. Submission to Jurisdiction. Each party shall submit to any court of competent jurisdiction for purposes of the enforcement of any award, order or judgment. Any award, order or judgment pursuant to arbitration is final and may be entered and enforced in any court of competent jurisdiction.