Arbitration - General. The arbitration shall be conducted in Toronto, Ontario (with appropriate teleconferencing facilities being made available to Member if attendance in person is unduly onerous), in English, and in accordance with the Arbitrations Act, 1991 (Ontario). All disputes referred to arbitration shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The arbitration shall be conducted before a single arbitrator, who shall be qualified and knowledgeable in the subject matter of the dispute, impartial, and independent of Member and the Exchange. Absent an award to the contrary, the fees and expenses of the arbitration shall be shared and paid by the Exchange and Member equally. In the event of any dispute relating to any of Member’s orders, trades or other transactions executed through use of the Services or access or use of the Exchange Systems, the electronic records of the Exchange will be, in the absence of evidence to the contrary, proof of such orders or transactions.
Arbitration - General. (i) The arbitrator shall not have the power to add to, amend, subtract from, or in any way alter the terms of this Collective Agreement.
(ii) The decision of the arbitrator shall be final and binding upon the parties and upon any person affected by it.
(iii) The expenses and compensation of the arbitrator shall be shared equally by the parties.
Arbitration - General. The parties may submit any matter to a single Arbitrator for determination in accordance with the provisions of this Article. If the parties cannot agree on an arbitrator within 15 days, either party may request the Minister of Labour to appoint a single arbitrator.
Arbitration - General. Where a difference arises between parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitral or where an allegation is made that this Agreement has been violated, either party may, after exhausting any Grievance Procedure established by this Agreement, notify the other in writing of its desire to submit the difference or allegation to arbitration. The Notice of Intention to Arbitrate shall state the matter at issue, the nature of relief or remedy sought, and the arbitrator proposed by the party submitting the difference or allegation to arbitration. The notice shall be delivered to the other party with fifteen (15) calendar days of the reply under Step 2 of the Grievance Procedure. The recipient party shall, within fifteen (15) calendar days, advise the other of the name of its proposed arbitrator.
Arbitration - General a) Both parties to this Agreement agree that any dispute or grievance which has been properly carried through all the steps of the Grievance Procedure outlined in Article 9, and which has not been settled, will, at the written request of either of the parties, be referred to the arbitration process, such request to be made within twenty (20) days of the final disposition of the grievance at Step 2.
b) No person who has been involved in any attempt to negotiate or settle the grievance shall be a member of that board of arbitration.
c) Days - For the purpose of this Article means working days.
Arbitration - General. (a) If the parties are in dispute as to any matters governed by this Agreement or are unable for a period of thirty (30) days to agree on any matter upon which they are required by the terms of this Agreement to agree or which is necessary for them to agree upon in order to conduct their respective business, or if an approval or consent is required of an Owner and such approval or consent is unreasonably withheld in the opinion of the party who requested same, then the matter shall be submitted to an arbitration panel. Arbitration proceedings shall be started by the party desiring arbitration (hereinafter called the “Initiating Party”) giving Notice to the other party (hereinafter called the “Responding Party”) specifying briefly the matter to be arbitrated and designating an arbitrator, and the Responding Party shall be entitled to designate a second arbitrator by giving Notice thereof to the Initiating Party within ten (10) days after receipt of the Initiating Party’s Notice, if the Responding Party shall elect to designate a second arbitrator and deliver Notice thereof within the time limited above, the two arbitrators so designated shall within ten (10) days following the receipt of the Notice designating the Responding Party’s arbitrator designate a third arbitrator to act jointly with them, if the arbitrators shall be unable to agree in the selection of the third arbitrator (who shall be the Chairman of the arbitration panel hereunder), the third arbitrator shall be designated by the Court upon proper application by the Initiating Party pursuant to the provisions of the Arbitrations Act, (Ontario). The arbitration panel shall then promptly proceed to hear the evidence and submissions of the Initiating Party and the Responding Party and shall render a written decision within thirty (30) days after the designation of the third arbitrator. The decision of the majority of the arbitration panel shall be deemed to be the decision of the arbitration panel, both in respect of the procedure and conduct of the parties during the arbitration and the final determination of the matter to be arbitrated, and such decision shall be final and binding upon the parties and shall not be subject to appeal and may be made an order of the Court pursuant to the Arbitrations Act (Ontario).
(b) Submission to arbitration as provided in this section 7.1 shall be a condition precedent to the bringing of any legal action with respect to any matter pursuant to the provisions of th...
Arbitration - General. Except as provided in subparagraph 23.5, below, any dispute, claim or controversy between Customer and Ventura that arises out of or relates to this Agreement or its breach, termination, enforcement, interpretation or validity, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration before one arbitrator. The arbitrator may, in the Award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party. Judgment on the Award may be entered in any court having jurisdiction.
Arbitration - General. A. Within a reasonable time after the effective date of this Agreement the Director of Employee Relations and the President of the PBA, or their designees, shall meet to agree upon a permanent panel of 10 arbitrators selected from lists submitted by the parties. Arbitrators for each individual arbitration will be assigned from this panel on a rotating basis. Initial assignments shall be determined by lot.
B. At least 10 working days prior to the arbitration hearing the State and the PBA shall meet to frame the issues to be submitted to the arbitrator and to stipulate the facts of the matter in an effort to expedite the hearing.
C. The arbitrator shall not have the power to add to, subtract from or modify the provisions of this Agreement and shall confine the decision solely to the interpretation and application of this Agreement. The arbitrator shall be confined to the precise issue submitted for arbitration and shall have no authority to determine any other issues not so submitted to the arbitrator nor shall the arbitrator submit observations or declarations of opinion which are not essential in reaching the determination.
D. The decision or award of the arbitrator shall be final and binding upon the State, the PBA and the grievant or grievants to the extent permitted by and in accordance with applicable law and this Agreement.
E. All fees and expenses of the arbitrator shall be divided equally between the parties. Each party shall bear the costs of preparing and presenting its own case.
F. The arbitrator shall hold a hearing at a time and place convenient to the parties as expeditiously as possible after the arbitrator's selection and shall issue a decision as soon as possible after the close of the hearing. The arbitrator shall be bound by the then effective rules of the American Arbitration Association which are applicable to a labor arbitration, except where they conflict with a specific provision of this Agreement.
G. The parties agree that the interpretation and application of a term of this agreement by an arbitrator shall be the manner in which that term is interpreted or applied for the duration of this agreement.
Arbitration - General. With respect to any provision of this Agreement which provides for the resolution of disputes by arbitration, other than with respect to any dispute for which a arbitration provision is specifically provided under this Agreement, the provisions of this Section 13.18 shall apply (it being expressly understood and agreed that it is the intention of the parties to this Agreement that any such dispute shall be resolved by arbitration as provided in this Section 13.18). Arbitration proceedings shall occur in Santa Clarx Xxxnty, California, and shall be before a retired judge of any superior court of the State of California or of any federal district court of the State of California, or any retired justice of any Court of Appeal of the State of California or the United States Court of Appeals for the Ninth Circuit. If the parties are unable to agree on a retired judge or justice, each party shall name one retired judge or justice and the two named persons will select a neutral judge or justice to act as the sole arbitrator. The parties shall be entitled to take discovery in accordance with the provisions of the California Code of Civil Procedure, including but not limited to Section 1283.05, which shall be applicable to such arbitration, except that leave of the arbitrator shall not be required to take depositions for discovery, provided that either party may request that the arbitrator limit the amount or scope of such discovery, and in determining whether to do so, the arbitrator shall balance the need for discovery against the parties' mutual desire to resolve the dispute expeditiously and inexpensively. The decision of the arbitrator on the merits shall be final and binding as to any matters submitted to the arbitrator under this Section 13.18, except the arbitrator shall have no authority to grant punitive damages. The arbitrator's decision may be enforced by any party hereto in any court of record having jurisdiction over the subject matter or over any of the parties hereto. All costs and expenses incurred in connection with any such arbitration proceeding (including reasonable attorneys' fees) shall be borne by the party against whom the decision is rendered, or, if no decision is rendered or if the decision is a compromise, equally by MHC on the one hand and Contributor on the other.
Arbitration - General. If a dispute, controversy, or claim arises out of or relates to this Agreement including, without limitation, its termination or non-renewal, or the alleged breach thereof, and if said dispute cannot be settled through direct discussions, the parties shall endeavor to settle the dispute in an amicable manner by mediation administered by the American Arbitration Association under its Commercial Mediation Rules, before resorting to arbitration. If the matter has not been resolved pursuant to mediation within 30 days of the commencement of such mediation (which period may be extended by mutual agreement in writing), then any such unresolved dispute, controversy, or claim shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. One arbitrator approved by both parties shall conduct the arbitration, or if the parties are unable to agree upon an arbitrator within seven days of the conclusion of the mediation, the American Arbitration Association shall appoint the arbitrator.The arbitrator shall allow each party to conduct limited relevant discovery. The arbitrator shall have no authority to award punitive damages or any 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 terms and conditions of this Agreement. All fees and expenses of the arbitration shall be borne by the parties equally. However, each party shall bear their own expense of counsel, experts, witnesses, and preparation and presentation of the arbitration matter. Any such arbitration shall be conducted in Kalamazoo County, Michigan.
