Composition of Panel. Unless the parties agree upon a single arbitrator within 15 days after the receipt of a notice of intention to arbitrate, all disputes shall be submitted to an arbitration panel composed of two arbitrators and an umpire chosen in accordance with Paragraph C. hereof.
Composition of Panel. Unless the parties agree upon a single arbitrator within fifteen (15) days after the receipt of notice of intention to arbitrate, all disputes shall be submitted to an arbitration panel composed of two arbitrators and an umpire, chosen in accordance with Sections 10.3 and 10.4.
Composition of Panel and Conduct of Hearing AAUP and Administration representatives may act as observers or participants at suspension and dismissal hearings in front of the Grievance Panel.
9.6.4.1 At a full hearing before a Grievance Panel the charges shall be presented by a representative of the Administration, who may be an attorney. The Faculty Member may also have a representative, who may be an attorney. The hearing, however, is not considered a court of law, and formal rules of evidence do not apply.
9.6.4.2 The burden of proof that adequate cause exists rests with the University and will be satisfied in dismissal cases only by clear and convincing evidence in the record considered as a whole. For lesser proposed discipline, the standard shall be preponderance of the evidence.
9.6.4.3 The Grievance Panel shall consist of five (5) members of the Grievance Committee selected as described in Article 8.
5.1. In cases involving dismissal, all persons serving on the Grievance Panel must hold faculty titles.
9.6.4.4 Other than the parties or their representatives, there shall be a separation of witnesses so that only one witness at a time may be present in the hearing room.
9.6.4.5 The Administration and/or its representative and the Faculty Member and/or his/her representative may make opening statements.
9.6.4.6 The Administration shall proceed first. After each Administration witness testifies, the Faculty Member and/or his/her representative may question the witness. The Administration and the Faculty Member and/or their representatives may subsequently alternate with follow-up questions.
9.6.4.7 Upon completion of the Administration's presentation, the Faculty Member may proceed. After each Faculty Member's witness testifies, the Administration and/or its representative may question the witness. The Faculty Member and/or his/her representative and the Administration may subsequently alternate with follow-up questions.
9.6.4.8 Participants shall confine their presentations to facts relevant to the charges. The Panel chairperson is authorized to determine whether a particular fact is relevant to the charges.
9.6.4.9 The Administration and the Faculty Member may present only that rebuttal evidence which has direct bearing on previously submitted evidence.
9.6.4.10 The Administration and/or its representative and the Faculty Member and/or his/her representative may make closing statements.
9.6.4.11 The Grievance Panel may use its discretion in setting procedures for conduct ...
Composition of Panel. 1. Unless the Parties otherwise agree, the Parties shall apply the following procedures in selecting a panel:
(a) the panel shall comprise three members;
(b) each Party shall appoint one panelist respectively within 15 days after the establishment of the panel. If a Party fails to appoint a panelist within that period, the panelist shall be appointed by the other Party, unless the Parties otherwise decide;
(c) the Parties shall endeavor to agree on the third panelist, who shall serve as the chair, within 30 days after the establishment of the panel; and
(d) if the Parties are unable to agree on the chair within 30 days after the establishment of the panel, on the request of any Party to the dispute, the Director General of the WTO is expected to designate the chair within a further period of 30 days. In the event that the Director General of the WTO is a national of either Party or unable to perform this task, the Deputy Director-General of the WTO who is not a national of either Party shall be requested to perform such task.
2. The chair of the panel shall not be a national of either Party, nor have his or her usual place of residence in the territory of either Party, nor be employed by either Party, nor have dealt with the matter in any capacity.
3. If a panelist appointed under this Article resigns or becomes unable to serve on the panel, a successor shall be appointed within 15 days in accordance with the selection procedure of the original panelist and the successor shall have all the powers and duties of the original panelist. In such a case, any time period applicable to the panel proceedings shall be suspended during the appointment of the successor.
4. All panelists shall:
(a) have expertise or experience in law, international trade, other matters covered by this Agreement, or the resolution of disputes arising under international trade agreements;
(b) be chosen strictly on the basis of objectivity, reliability, and sound judgment;
(c) be independent of, and not be affiliated with or take instructions from, either Party; and
(d) comply with a code of conduct established in Annex 20-B (Code of Conduct for Panelists and Mediators).
5. Where a Party considers that a panelist does not comply with the requirements of Annex 20-B (Code of Conduct for Panelists and Mediators), the Parties shall consult and, if so agreed, replace that panelist in accordance with paragraph 3.
Composition of Panel. The arbitration shall be conducted by a panel of three (3) arbitrators, who shall be disinterested current or former executive officers of life insurance companies other than the two parties to this Agreement or their Affiliates. Each party shall appoint one of the arbitrators, who shall in turn select the third. In the event that either party should fail to choose an arbitrator within thirty (30) calendar days after the other party has given notice of its arbitrator appointment, that party may choose two arbitrators, who shall in turn choose a third arbitrator. If the two arbitrators are unable to agree upon the selection of a third arbitrator within thirty (30) calendar days following their appointment, the third arbitrator shall be selected in accordance with the XXXX Reinsurance and Insurance Arbitration Society – US (“XXXXX-US”) required selections process.
Composition of Panel a. Five (5) members, of whom three (3) will be qualified BUSD teachers cleared through the application process, and two (2) district administrators.
Composition of Panel. There will be three arbitrators who must be:
(i) current or former disinterested officers of life insurance or life reinsurance companies other than of the Parties, their subsidiaries or affiliates;
(ii) professionals with at least (10) years' experience in the life insurance or reinsurance industry;
(iii) independent from the Parties; and
(iv) disinterested in the outcome of the dispute. Each Party will appoint one arbitrator and these two arbitrators will select the third arbitrator, who shall serve as umpire. If either Party fails to appoint its arbitrator within sixty (60) calendar days after receipt of Notice of Arbitration, the other Party may appoint the second arbitrator. If the two arbitrators do not agree on a third arbitrator within thirty (30) Calendar Days of the appointment of the second arbitrator, the Parties will each submit a list containing the names of three persons who meet the criteria set out in this Section for being an arbitrator. Thereafter, each Party-appointed arbitrator shall strike two names from the list. If only one name remains after the striking process, that person shall become the arbitrator and umpire. If more than one name remains, the third arbitrator/umpire will then be chosen from the remaining names by drawing lots.
Composition of Panel. The date of the appointment of the panelist shall be considered as the date upon which the candidate submits its written acceptance to the Parties. If the candidate fails to communicate its acceptance to the Parties, within 2 days after the candidate was informed of its selection, such candidate shall be deemed not to accept the appointment.
Composition of Panel. For the purpose of review of classification in the SGEU Class Plan, Classification Joint Council shall consist of four (4) members, equally split between union and management. A quorum shall consist of three (3) members subject to the approval of the minority party (either the SGEU or PSC designate) and all occupations must be adjudicated by equal or better female representation. Appeal panel members shall be drawn from members who have completed training provided by the Joint Class Plan Maintenance Committee.
Composition of Panel. The arbitration shall be conducted by a panel of three (3) arbitrators, who shall be disinterested current or former executive officers of life or health insurance companies other than the two parties to this Agreement or their Affiliates appointed by the American Arbitration Association, Chicago, Illinois, in its sole discretion, and none of the parties to the arbitration shall have any right to dispute, contest or otherwise challenge the appointment of the arbitrator.
