Ex Aequo et Xxxx Arbitration Sample Clauses

Ex Aequo et Xxxx Arbitration. Each and every one of the Technical Disputes that cannot be settled directly by the Parties within the term provided for direct negotiation shall be submitted to an ex aequo et xxxx arbitration, in accordance with Section 57, Subsection 3 of Legislative Order No. 1071, in which the arbitrators shall rule in accordance with their knowledge and their best understanding. The arbitrators may be Peruvian or foreign experts, but in all cases, they must have ample experience in the subject matter of the respective Technical Dispute, and shall not have any conflict of interest with either of the Parties at the time of and after their appointment as such. The Arbitration Court may ask the Parties to provide the information it deems necessary to settle the Technical Dispute it is hearing, as a consequence of which it may present to the Parties a conciliation proposal, which they shall have the option to accept or not. The Arbitration Court may call for all kinds of evidence and ask the Parties or third parties to provide the evidence it deems necessary to rule on the claims filed. The Arbitration Court shall prepare a preliminary ruling to be notified to Parties within thirty
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Ex Aequo et Xxxx Arbitration. Any and all Technical Disputes that cannot be directly settled by the Parties within the direct negotiation period must be submitted to ex aequo et xxxx arbitration, in accordance with Section 3 of Article 57 in Legislative Decree 1071, in which the arbitrators will resolve according to their knowledge and faithful judgment and understanding. The arbitrators may be national or foreign experts, but in all cases they must have extensive experience regarding the Technical Controversy, and should have no conflict of interest with any of the Parties at the time and after their designation as such. The Arbitral Tribunal may request from the Parties such information as it may deem necessary to resolve the Technical Controversy known to it, and as a consequence may submit to the Parties a conciliation proposal, which may or may not be accepted by the Parties. The Arbitral Tribunal may exercise all evidentiary means and may request to submit the evidentiary means it deems necessary to resolve the claims raised. The Arbitral Tribunal shall prepare a preliminary decision to notify the Parties within thirty
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Ex Aequo et Xxxx Arbitration. Each and every one of the Technical Disputes that cannot be settled directly by the Parties within the term provided for direct negotiation shall be submitted to an ex aequo et xxxx arbitration, in accordance with Section 57, Subsection 3 of Legislative Order No. 1071, in which the arbitrators shall rule in accordance with their knowledge and their best understanding. The arbitrators may be Peruvian or foreign experts, but in all cases, they must have ample experience in the subject matter of the respective Technical Dispute, and shall not have any conflict of interest with either of the Parties at the time of and after their appointment as such. The Arbitration Court may ask the Parties to provide the information it deems necessary to settle the Technical Dispute it is hearing, as a consequence of which it may present to the Parties a conciliation proposal, which they shall have the option to accept or not. The Arbitration Court may call for all kinds of evidence and ask the Parties or third parties to provide the evidence it deems necessary to rule on the claims filed. The Arbitration Court shall prepare a preliminary ruling to be notified to Parties within thirty (30) Days following its creation, after which the Parties shall have a term of five (5) Days to prepare and submit to the Court their comments on said preliminary ruling. The Arbitration Court shall issue its final ruling on the Technical Dispute within ten (10) Days following the reception of the Parties’ comments, its preliminary ruling, or the deadline for the submission of said comments, whichever occurs first. The proceeding for the settlement of a Technical Dispute shall be held in the city of Lima, Peru. On an exceptional basis, due to the nature of the specific case, the Arbitration Court may travel to another location solely for the purpose of gathering evidence, such as the performance of an expert evaluation, a visual inspection, or any other means of proof that must be gathered at a different location, for a term not to exceed ten (10) Days. The members of the Arbitration Court shall maintain absolute secrecy and confidentiality regarding the information to which they are privy based on their participation in the settlement of a Technical Dispute. The dispute shall be settled via a national arbitration and shall be overseen by the Arbitration Center of the Lima Chamber of Commerce. The regulations of said institution shall apply in all matters not provided for in this Contract.
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Related to Ex Aequo et Xxxx Arbitration

  • Step 4 - Arbitration If the grievance is not settled on the basis of the foregoing procedures, the Association may submit the issue in writing to final and binding arbitration within ten (10) calendar days following receipt of the Chief Operating Officer or Chief Administrative Officer’s or designee’s response. Within ten (10) calendar days of the notification that the dispute is submitted for arbitration, the Association shall request the Federal Mediation and Conciliation Service to supply a list of eleven (11) arbitrators and the parties shall alternatively strike names from such list until the name of one (1) arbitrator remains who shall be the arbitrator. The party to strike the first name shall be determined by coin toss. In consultation with the arbitrator the Parties shall choose a date for the hearing. The arbitrator’s decision shall be final and binding, subject to limits of authority stated herein. The arbitrator shall have no authority or power to add to, delete from, disregard, or alter any of the provisions of this Agreement, but shall be authorized only to interpret the existing provisions of this Agreement as they may apply to the specific facts of the issue in dispute. The arbitrator shall base his or her decision solely on the contractual obligations expressed in this Agreement. If the arbitrator should find that the Employer was not prohibited by this Agreement from taking, or not taking, the action grieved, he or she shall have no authority to change or restrict the Employer’s action. The arbitrator shall not reverse the Employer’s exercise of discretion in any particular instance and substitute his or her own judgment or determination for that of the Employer. If a nurse feels the Employer’s determination is based upon bad faith, is arbitrary and capricious, is based on irrelevant information or favoritism, the nurse shall have recourse to the grievance procedure. Any dispute as to procedure shall be heard and decided by the arbitrator in a separate proceeding prior to any hearing on the merits. Any dismissal of a grievance by the arbitrator, whether on the merits or on procedural grounds, shall bar any further arbitration. Each party shall bear one-half (½) of the fee of the arbitrator and any other expense jointly incurred by mutual agreement incident to the arbitration hearing. All other expenses, including any costs or attorneys’ fees, shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other party.

  • Step 3 - Arbitration If the grievance is not settled on the basis of the foregoing procedures, and if the grievant and the Union have complied with the specific time limitations specified in Steps 1 and 2 herein, the Union may submit the issue in writing to arbitration within fourteen (14) calendar days following the receipt of the written reply from the Director of Employee Relations and Employment or designee. After notification that the dispute is submitted for arbitration, the Employer and the Union shall attempt to agree on an arbitrator. If the Employer and the Union fail to agree on an arbitrator, the Union shall promptly request a list of seven (7) arbitrators from the Federal Mediation and Conciliation Service. The parties shall thereupon alternate in striking a name from the panel until one (1) name remains. The person whose name remains shall be the arbitrator.

  • Level IV - Arbitration Should the grievance remain unresolved at Level III, the UFO may, within twenty (20) days following conclusion of Level III, provide written notice to the District to submit the matter to arbitration.

  • Mediation/Arbitration Employee agrees that prior to filing any motion or claim against the Company or any of its employees, Employee will offer to engage in informal mediation. Each party shall bear its own costs of mediation and one-half of the cost of the mediator. Additionally, any claim by either party arising out of or related to this Agreement, or its breach, or related in any way to Employee's employment or its termination (except claims of employment discrimination under local, state or federal laws, and requests for equitable relief under Section 9 above), shall be settled by arbitration using a single arbitrator and administered by the American Arbitration Association under its Employment Dispute Resolution Rules. Any arbitration shall take place in Seattle, Washington, and the parties waive the right to a trial de novo or appeal, excepting only for the purpose of enforcing the arbitrator's decision, for which purpose the parties agree that the Superior Court for King County, Washington shall have jurisdiction. The nature, proceedings and results of the mediation or arbitration shall be kept confidential and kept from public disclosure to the extent possible.

  • Level Four - Arbitration A. If the Association is not satisfied with the disposition of the grievance at the Board level, it may within ten (10) days after the decision of the Board refer the matter for arbitration to the American Arbitration Association by filing a written demand for arbitration and request the appointment of an arbitrator to hear the grievance. If the parties cannot agree upon an arbitrator, he shall be selected in accordance with the rules of the American Arbitration Association.

  • Dispute Resolution; Arbitration This Agreement evidences a transaction involving interstate commerce. Any disputes arising from this Agreement shall be decided by binding arbitration which shall be conducted, at the request of any party, in New York, New York, before one arbitrator designated by the American Arbitration Association (the "AAA"), in accordance with the Commercial Arbitration Rules of the AAA, and to the maximum extent applicable, the United States Arbitration Act (Title 9 of the United States Code). Notwithstanding anything in this Agreement to the contrary, any party may proceed to a court of competent jurisdiction to obtain equitable relief at any time. An arbitrator shall have no authority to award punitive damages or other damages not measured by the prevailing party's actual damages. To the maximum extent practicable, an arbitration proceeding under this Agreement shall be concluded within 180 days of the filing of the dispute with the AAA. This arbitration clause shall survive any termination, amendment, or expiration of the Agreement and if any provision of this arbitration clause is found to be unenforceable, the remaining parts of the arbitration clause shall not be affected and shall remain fully enforceable.

  • Step Four - Arbitration 15.6.1. If a grievance is not resolved at Step Three, the Association may request a hearing before an arbitrator. The request shall be filed in the Human Resource Services Division or designee within fifteen (15) workdays after the written decision of the division representative becomes effective.

  • Expedited Arbitration (a) The Parties may by mutual agreement refer to expedited arbitration any outstanding grievances considered suitable for this process, and shall set dates and locations for hearings of groups of grievances considered suitable for expedited arbitration.

  • Mediation and Arbitration Any controversy, dispute or claim arising out of or relating to this Agreement or the performance, enforcement, breach, termination or validity thereof, including the determination of the scope of this Agreement to arbitrate, shall first be submitted to non-binding mediation and shall thereafter be determined by final binding arbitration, and not litigation, the agreed venue for mediation and arbitration being in Houston, Texas. The mediation process shall be administered by a mutually acceptable mediator selected in accordance with the Commercial Mediation Rules of the American Arbitration Association (“AAA”). If any dispute remains unresolved between the parties after the mediation process has been completed, either party may then submit any such unresolved dispute to final and binding arbitration pursuant to the Commercial Arbitration rules of AAA, with all matters related to the enforceability of this arbitration agreement and any award rendered pursuant to this agreement to be governed by the Federal Arbitration Act, 9 U.S.C. Section 1-16. The Arbitration Tribunal shall be formed of three (3) arbitrators each of which shall have at least five (5) years’ experience in hotel operation, management, ownership or leasing, one (1) to be appointed by each party and the third (3rd) to be appointed by the American Arbitration Association. The arbitration panel may require and facilitate such discovery as it shall determine is appropriate in the circumstances, taking into account the needs of the parties and the desirability of making discovery expeditious and cost-effective. The arbitration panel shall be empowered to subpoena non-party and party witnesses for deposition and hearing to the full extent provided under the AAA Rules and the Federal Arbitration Act (or the applicable state arbitration statute if the arbitration panel is appointed pursuant to a petition filed in state court). The arbitration panel may also direct the production of documents and other information and the advance identification of witnesses to be called and documents to be admitted. The arbitration panel may issue orders to protect the confidentiality of proprietary information, trade secrets and other sensitive information before it is required to be disclosed in discovery. In addition to monetary damages, or in lieu thereof, the arbitration panel shall have the power to grant all equitable relief (both by way of interim relief and as a part of its final award) as may be granted by any court in the state where the Hotel is located. Monetary damage liability shall be limited to actual damages; the parties hereby waive the right to claim and/or receive punitive damages or exemplary relief. The arbitration panel shall determine whether and to what extent any party is a prevailing party and shall award attorneys’ fees and expenses associated with the arbitration proceeding to the “prevailing party, if any. All proceedings shall be reported by a certified shorthand court reporter and written transcripts of the proceedings shall be prepared and made available to the parties. The fees of the arbitration panel, together with all costs and expenses incurred in conducting the arbitration (but excluding the parties’ respective attorney, witness and related costs and expenses) shall be borne by the party against whom the arbitral award is made and shall be a (the) component of the arbitral award. The arbitration shall take place in Orlando, Florida, and shall be conducted in the English language. The arbitration award shall be final and binding upon the parties hereto and subject to no appeal. Arbitration expenses shall not be an expense in determining House Profit. Judgment upon the award rendered maybe entered into any court having jurisdiction, or applications may be made to such court for an order of enforcement.

  • Expedited Arbitration Procedures If the issue to be resolved through the negotiations referenced in Section 14.2 directly and materially affects service to either Party's end user customers, then the period of resolution of the dispute through negotiations before the dispute is to be submitted to binding arbitration shall be five (5) Business Days. Once such a service affecting dispute is submitted to arbitration, the arbitration shall be conducted pursuant to the expedited procedures rules of the Commercial Arbitration Rules of the American Arbitration Association (i.e., rules 53 through 57).

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