CLAUSE ARBITRATION Sample Clauses

CLAUSE ARBITRATION. 13.1 The present Contract is a purely commercial deal concluded in accordance with International rules related to preparations, interpretation, execution of legality and any other issues regarding performance of the present Contract including customary norms of honesty, confidentiality adopted by the International Chamber of Commerce (ICC), Paris, as well as temporary suspension of deliveries due to force-majeure circumstances. Should the Parties fail to reach an agreement as regards any aspect of performance of the present Contract the Parties agree to submit the matter to Arbitration Court?
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CLAUSE ARBITRATION. Whenever either party to this Agreement desires to submit any grievance to Arbitration, written notice shall be given to the other party requesting either a single arbitrator or a board of arbitration, formally stating the subject of the grievance, and at the same time nominating an Arbitrator. Within seven (7) days after receipt of such notice the other party shall name its Arbitrator. The Arbitrators repre- senting both parties will attempt to agree upon a Chairman of an Arbitration Board. If they are unable to agree upon such Chair- man, they will request the Minister of Labour for the Province of Ontario to appoint an impartial Chairman. As soon as the Arbitration Board has been completed by the selection of a Chairman, it shall meet and hear the evidence and representations parties, and shall render a decision as soon as possible. After the evidence has been heard, the Chairman shall sit and confer with the Arbitrators representing both parties, and shall endeavour to reach a mutual agreement. If they are unable to agree, the Chairman shall have the right to make the decision which shall be final and binding on both parties to this Agreement. The Arbitration Board, or a single Arbitrator, shall not have jurisdiction to either alter or change any of the provisions of this Agreement, or to substitute any new provision in lieu thereof nor to give any decision inconsistent with the terms and provi- sions of this Agreement. In discharge and suspension cases the Arbitration Board may make any decision they deem just. Each of the parties hereto will bear the expense of the Arbitrator appointed by it and the parties will jointly bear the expenses of the Chairman of the Arbitration Board, if any. No person shall be selected as an Arbitrator who has been directly involved in attempts to negotiate or settle the grievance. No grievances excepting those dealing with discharge and suspension cases shall be considered by the Arbitration Board unless they have properly through all previous steps Grievance Procedure. At stage of the Grievance Procedure, including arbitration, the conferring parties may have the assistance of the employee or employees concerned and any necessary witnesses and all reasonable arrangements will be made to permit the conferring parties to have access to the Plant to view disputed operations and to confer with the necessary witnesses. Both parties to this Agreement may have the assistance of counsel at any such arbitration proceedings.
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CLAUSE ARBITRATION. Complaint requests in case of inconvenience can be resolved on the spot by agreement of the captain or Goolets representatives. There for it is mandatory to contact Goolets representative and Owner as problem occurs - on provided contact numbers (travel info document). Eventual complaints have to be done in written form before the end of the cruise or check-out. Goolets will not be responsible for complaints not addressed during the cruise. In case of a court procedure, the competent arbitrator court in Slovenia (Ljubljana) will solve the problem.
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CLAUSE ARBITRATION. It shall be the responsibility of the party desiring arbitration to inform the other party in writing not later than five (5) days after the last discussion of the grievance between the Union and the Company. Failure to agree upon a neutral Arbitrator, the Department of Labour will be requested to appoint a neutral Arbitrator. The Arbitrator shall not have the right to alter or change any pro- visions of this Agreement or substitute any new provisions in lieu thereof or to give any decision inconsistent with the terms and provisions of this Agreement. Each of the patties hereto will bear equally the fees and expenses of the Arbitrator. The company shall not be responsibility for the payment of time used by an employee in the investigation of a grievance. The parties agree that they will accept as final and binding the decision of the Arbitrator. time limits referred to in Article and Article may be extended by mutual agreement between the parties hereto.
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CLAUSE ARBITRATION document
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CLAUSE ARBITRATION document f raudst ers
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Related to CLAUSE ARBITRATION

  • Mediation/Arbitration All disputes arising out of this Agreement shall be resolved as set forth in this paragraph 15. If any party hereto desires to make any claim arising out of this Agreement ("Claimant"), then such party shall first deliver to the other party ("Respondent") written notice ("Claim Notice") of Claimant's intent to make such claim explaining Claimant's reasons for such claim in sufficient detail for Respondent to respond. Respondent shall have ten (10) business days from the date the Claim Notice was given to Respondent to object in writing to the claim ("Notice of Objection"), or otherwise cure any breach hereof alleged in the Claim Notice. Any Notice of Objection shall specify with particularity the reasons for such objection. Following receipt of the Notice of Objection, if any, Claimant and Respondent shall immediately seek to resolve by good faith negotiations the dispute alleged in the Claim Notice, and may at the request of either party, utilize the services of an independent mediator. If Claimant and Respondent are unable to resolve the dispute in writing within ten (10) business days from the date negotiations began, then without the necessity of further agreement of Claimant or Respondent, the dispute set forth in the Claim Notice shall be submitted to binding arbitration (except for claims arising out of paragraphs 3 or 7 hereof),

  • 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 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.

  • NO ARBITRATION Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York.

  • 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.

  • 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.

  • Grievance Arbitration Notwithstanding any other provision of this Agreement, for the purposes of this Article, an Employee has the right to grieve any filling of a vacancy or Assignment in the bargaining unit.

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