Appeal of Arbitration Award Sample Clauses

Appeal of Arbitration Award. In the event a Party believes there is a clear error of law and within thirty (30) days of receipt of an Award of $250,000 or more (which shall not be binding if an appeal is taken), a Party may notify the AAA of its intention to appeal the Award to a second Arbitrator (the “Appeal Arbitrator”), designated in the same manner as the Arbitrator except that the Appeal Arbitrator must have at least twenty (20) years’ experience in the active practice of law or as a judge. The Award, as confirmed, modified or replaced by the Appeal Arbitrator, shall be final and binding, and judgment thereon may be entered by any court having jurisdiction thereof. No other arbitration appeals may be made.
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Appeal of Arbitration Award. There shall be no appeal from an arbitrator's decision if within the scope of his/her authority as set forth above. It shall be final and binding upon the Union, its members, the employee or employees involved, and the Employer.
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Appeal of Arbitration Award. Notwithstanding the provisions of Paragraph 9.4.5 above, within ten (10) days after notice of the arbitration award, either Claimant or Respondent may appeal the award to any court of competent jurisdiction based only on the grounds of lack of jurisdiction or substantial abuse of discretion by the arbitrator(s), and, upon such timely appeal, if the court first makes a finding of fact and conclusion of law that the arbitrator(s) lacked jurisdiction, the matter shall be decided by the court by trial de novo without reference to or consideration of the arbitration award, or, if the court first makes a finding of fact and conclusion of law that the arbitrator(s) committed a substantial abuse of discretion which resulted in an arbitration award not supported by substantial evidence or was clearly not in accordance with prevailing law, the court may hear and modify only those portions of the arbitration award necessary to make a decision based on substantial evidence and in accordance with prevailing law. The decision of such court shall be final and binding upon all of the parties.
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Appeal of Arbitration Award. 86 By signing this contract for parenting coordination services, each parent acknowledges having received independent legal advice about appeal rights relating to arbitration awards made by the parenting coordinator.
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Appeal of Arbitration Award. Within thirty (30) days of receipt of an Award of $250,000 or more (which shall not be binding if an appeal is taken), a party may notify the AAA of its intention to appeal the Award to a second Arbitrator (the "Appeal Arbitrator"), designated in the same manner as the Arbitrator except that the Appeal Arbitrator must have at least twenty (20) years' experience in the active practice of law or as a judge. The Appeal Arbitrator shall not take new testimony or other evidence and shall not modify or replace the Award except for clear error of law. The Award, as confirmed, modified or replaced by the Appeal Arbitrator, shall be final and binding, and judgment thereon may be entered by any court having jurisdiction thereof.
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Related to Appeal of Arbitration Award

  • Arbitration Award All arbitration awards shall be final and binding as provided by Section 42 of the Trade Union Act. An arbitrator may not alter, modify or amend any part of this Agreement, but shall have the power to modify or set aside any unjust penalty of discharge, suspension or discipline imposed by the Employer on an Employee.

  • Initiation of Arbitration Pursuant to Section 110 of the Arbitration Act, the parties agree that a party may initiate Arbitration by giving written notice to the other party (“Arbitration Notice”) in the same manner that notice is permitted under Section 9.13 of the Agreement; provided, however, that the Arbitration Notice may not be given by email or fax. Arbitration will be deemed initiated as of the date that the Arbitration Notice is deemed delivered to such other party under Section 9.13 of the Agreement (the “Service Date”). After the Service Date, information may be delivered, and notices may be given, by email or fax pursuant to Section 9.13 of the Agreement or any other method permitted thereunder. The Arbitration Notice must describe the nature of the controversy, the remedies sought, and the election to commence Arbitration proceedings. All Claims in the Arbitration Notice must be pleaded consistent with the Utah Rules of Civil Procedure.

  • 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.

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