CONTRACT ARBITRATION Sample Clauses

CONTRACT ARBITRATION. ‌ 35.01 When negotiations towards a new collective agreement reach an impasse, either party may give written notice to the other that an interest arbitration board shall be appointed to settle the unresolved issues. 35.02 Within fifteen (15) days of either party giving written notice to the other under clause 35.01, the parties will notify the Minister responsible for the Canada Labour Code of their agreement to appoint an interest arbitration board and each party will provide written notice to the other party and the Minister of the name of its nominee. 35.03 Within seven (7) days of their nomination, the two members nominated by the parties will select a third person to be chair of the arbitration board. If the nominees are unable to agree on the selection of a chair, either nominee may notify the Minister and request that he appoint the chair. 35.04 The arbitration board will meet and hear such evidence as the parties may wish to present to assure a full and fair hearing. 35.05 If the arbitration board is unable to effect a settlement, then, within twenty (20) Days of hearing the evidence, or any longer period that may be agreed to by the parties or fixed by the Minister, the arbitration board shall issue its award in writing. The award is final and binding upon the parties and upon any employee affected by it. 35.06 In its award, the Arbitration Board: (a) shall resolve the unresolved issues and requests by either incorporating them with or without amendment, or refusing to incorporate them and (b) shall not make any change retroactive unless one of the parties listed the request or issues as one for which they desire a retroactive effect. 35.07 The parties will pay the expenses of their respective nominee. The expenses of the chair shall be shared equally by the parties.
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CONTRACT ARBITRATION. 38.01 When negotiations towards a new collective agreement have reached an impasse, either party will give written notice to the other that it is referring all unresolved issues in dispute to arbitration. 38.02 Within 15 days of either party giving written notice to the other under Clause 38.01, the parties will notify the Minister responsible for the Labour Relations Code of their agreement to appoint an interest arbitration board and each party will provide written notice to the other party and the Minister of the name of its nominee. 38.03 Within seven days of their nomination, the two members nominated by the parties will select a third person to be chair of the arbitration board. If the nominees are unable to agree on the selection of a chair, either nominee may notify the Minister and request that he appoint the chair. 38.04 The arbitration board will meet and hear such evidence as the parties may wish to present to assure a full and fair hearing. 38.05 If the arbitration board is unable to effect a settlement, then, within 20 Days of hearing the evidence, or any longer period that may be agreed to by the parties or fixed by the Minister, the arbitration board shall issue its award in writing. The award is final and binding upon the parties and upon any employee affected by it. 38.06 In its award, the arbitration board: (a) shall resolve the unresolved issues and requests by either incorporating them, with or without amendment, or refusing to incorporate them and (b) shall not make any change retroactive unless one of the parties listed the request or issue as one for which they desire a retroactive effect. 38.07 The parties will pay the expenses of their respective nominee. The expenses of the chair shall be shared equally by the parties.
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CONTRACT ARBITRATION. Within fourteen (14) calendar days of service of Notice of Intent to Arbitrate, the parties, by their designated representative, shall attempt to mutually agree to the joint designation of an impartial Arbitrator. If the parties are unable to reach such an agreement within said fourteen (14) day period, they shall jointly request the Federal Mediation and Conciliation Service to furnish them a list of the names of seven (7) Arbitrators. Within fourteen (14) calendar days of receipt of said list, the parties shall alternately strike names from the list until only one (1) remains who shall be the Arbitrator. The party requesting the Arbitration shall strike first. The Arbitrator shall have power, authority and jurisdiction to interpret, apply and determine compliance with this Agreement and shall not add to, subtract from or modify in any way its terms and provisions. The decision of the Arbitrator shall be final and binding upon both parties hereto. The Arbitrator will have thirty (30) days after conducting a hearing to reach a decision.
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CONTRACT ARBITRATION. 38.01 An arbitration board will be convened immediately to settle and determine those matters not resolved by the parties in direct negotiation and identified as such in the contract concluded under clause 1.04. 38.02 Each party will nominate one person to be a member of the arbitration board. Each party will deliver the name of its nominee to the other party within seven (7) Days of November 1, 2006. 38.03 Within seven (7) Days of their nomination, the two members nominated by the parties will select a third person to be chair of the arbitration board. If the nominees do not agree on a chair, the Minister of Labour for Alberta will appoint a chair at the request of either nominee. 38.04 The arbitration board will meet and hear such evidence as the parties may wish to present to assure a full and fair hearing. 38.05 The arbitration board shall issue its award in writing. The decision is final and binding upon the parties and upon any employee affected by it. The decision of a majority of the arbitration board is the award of the board. 38.06 In its award, the arbitration board: (a) shall resolve the unresolved issues and requests by either incorporating them, with or without amendment, or refusing to incorporate them; and (b) shall not make any change retroactive unless one of the parties listed the request or issue as one for which they desire a retroactive effect. 38.07 The parties will pay the expenses of their respective nominee. The expenses of the chair shall be shared equally by the parties.
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CONTRACT ARBITRATION. When negotiations towards a new Collective Agreement reach an impasse, either party may give written notice to the other that an interest arbitration board shall be appointed to settle the unresolved issues.
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CONTRACT ARBITRATION. 36.01 When either party believes negotiations towards a new Agreement have reached an impasse, it will give written notice to the other that it is referring all unresolved issues in dispute to arbitration. 36.02 Within fifteen (15) days of either party giving written notice to the other under Article 36.01, the parties will notify the Minister responsible for the Alberta Labour Relations Code of their agreement to appoint an interest arbitration board and each party will provide written notice to the other party and the Minister of the name of its nominee. 36.03 Within seven (7) days of their nomination, the two (2) members nominated by the parties will select a third person to be the Chair of the Arbitration Board. If the nominees are unable to agree on the selection of a Chair, either nominee may notify the Minister and request that a Chair to be appointed. 36.04 Within thirty (30) days of the appointment of a Chair and the conclusion of all mediation proceedings and votes on proposals, if any, initiated under Part 2, Divisions 11 and 12 of the Alberta Labour Relations Code, the Arbitration Board will meet and hear such evidence as the parties may wish to present to assure a full and fair hearing. 36.05 If the Arbitration Board is unable to effect a settlement, then, within thirty (30) days of the hearing the evidence, the Arbitration Board shall issue its award in writing. The award is final and binding upon the parties and upon any employee affected by it. 36.06 In its award, the Arbitration Board: (a) Shall resolve the unresolved issues and requests by either incorporating them, with or without amendment, or refusing to incorporate them and (b) Shall not make any change retroactive unless one of the parties listed the request or issue as one for which they desire a retroactive effect. 36.07 The parties will pay the expenses of their respective nominee. The expense of the Chair shall be shared equally by the parties. Apprentice Rates for Trade Jobs Minimum Bi-Weekly (Hourly) Salary Rates Job Class Number Job Title Effective Jan. 1, 2021- Dec 31, 2022 STEP Effective Jan. 1, 2023 STEP Job Class Number Job Title Effective Jan. 1, 2021- Dec 31, 2022 STEP Effective Jan. 1, 2023 STEP Job Class Number Job Title Effective Jan. 1, 2021- Dec 31, 2022 STEP Effective Jan. 1, 2023 STEP Job Class Number Job Title Effective Jan. 1, 2021- Dec 31, 2022 STEP Effective Jan. 1, 2023 STEP Job Class Number Job Title Effective Jan. 1, 2021- Dec 31, 2022 STEP Effective Jan. 1...
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CONTRACT ARBITRATION. IF ANY DISPUTE HAPPENS, THE TWO PARTIES AGREE TO TRY THEIR UTMOST TO SOLVE IT BY FRIENDLY NEGOTIATION. IF THE DISPUTE PROVES IMPOSSIBLE TO SETTLE, ALL DISPUTES ARISING OUT OF OR IN CONNECTION WITH THE PRESENT CONTRACT SHALL BE FINALLY SETTLED UNDER THE RULES OF ARBITRATION OF THE INTERNATIONAL CHAMBER OF COMMERCE + THE DISPUTED MATTER WILL BE SUBJECT TO ARBITRATION BY AN ARBITRATOR IN LONDON, UNITED KINGDOM UNDER ICC RULES AND REGULATIONS. THE LOSING PARTY WILL PAY THE ARBITRATION FEE. IT IS UNDERSTOOD THAT IN THE EVENT OF DISPUTE OR ARBITRATION, ENGLISH SHALL PREVAIL. THE AWARD OF THE ARBITRATOR SHALL BE FINAL AND BINDING FOR BOTH PARTIES.
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CONTRACT ARBITRATION. All disputes and disagreements, which may arise in connection with this contract, shall be settled through friendly negotiations between the parties. Disputes and disagreements that cannot be settled through friendly negotiations between the parties shall be decided By ICC International Arbitration, London – England.
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Related to CONTRACT ARBITRATION

  • Mediation/Arbitration (a) All disputes, claims or controversies arising out of or relating to this Agreement (collectively, “Disputes”) shall be submitted to non-binding mediation by either party to an impartial mediator, as agreed to by the parties, and appointed through JAMS in San Francisco, California, for a good faith effort at resolution. The mediator shall review the Dispute within thirty (30) days of submission or at such other time provided the parties so agree. Any mediation fee shall be paid equally among the parties. Any Dispute which is not resolved through such mandatory mediation shall be settled by final and binding arbitration before a single neutral arbitrator of JAMS in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association in San Francisco, California. Judgment on the award rendered by the arbitrator may be entered in any court in California. In the event that any Dispute between Indemnitee and the Corporation should result in arbitration, the prevailing party in the Dispute shall be entitled to recover from the other party all reasonable fees, costs and expenses of enforcing any right of the prevailing party, including, without limitation, reasonable attorneys’ fees, experts’ fees, and expenses. Each party agrees that the Dispute as mediated and/or arbitrated and the final resolution of such Dispute shall be considered to be confidential information, and shall be kept confidential by each party. (b) Indemnitee specifically acknowledges and understands that by agreeing to this provision, Indemnitee is waiving all rights to have his or her claims brought, investigated, and/or adjudicated by an administrative agency, or heard before a judge or jury. Indemnitee also understands that Indemnitee’s rights to discovery may be lesser or narrower in arbitration, that there may be fees and costs associated with mediation and/or arbitration that Indemnitee may not otherwise have, and that Indemnitee is waiving substantial time that Indemnitee might otherwise have to make a claim, prepare his or her case, or investigate his or her claims. The claims include claims of any kind relating to Indemnitee’s relationship with the Corporation, including claims relating to compensation, discrimination, any benefits, status as an officer, director or Agent of the Corporation, conflict of interest, or any other claim or dispute relating to or arising out of Indemnitee’s relationship with the Corporation. The underlying Disputes shall be fully and finally resolved through arbitration, including any right to permanent injunctive relief.

  • 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 a. If the Union is dissatisfied with the written decision at Step 2 or if the mediation is not successful, within twenty-five (25) days of the Step 2 meeting, the Union may advance the grievance to arbitration. Only the Union (not an individual Bargaining Unit Faculty member) may process a grievance to arbitration. b. Within thirty (30) days of notice of proceeding to arbitration, the Union and the College shall select an impartial third party to be Arbitrator. In the event the parties cannot agree on the selection of an impartial third party, they shall request a list of Arbitrators from Federal Mediation and Conciliation Service. c. Within five (5) days of receipt of the list, the parties shall alternately strike names from the list until one name remains. The person whose name remains shall be the Arbitrator. d. Each party shall bear the expense of preparing and presenting its own case. The costs of the arbitration proceedings, including compensation, fees and expenses of the Arbitrator, and the cost of any hearing transcript, shall be borne equally by the College and the Union. Unless otherwise mutually agreed, each arbitration hearing shall deal with no more than one (1) grievance. e. Subject to the availability of the Arbitrator selected, arbitration shall begin within thirty (30) days unless a delay is agreed upon by both parties. f. The Arbitrator shall have no power to add to, subtract from, modify or disregard any of the provisions of this Agreement. The decision of the Arbitrator shall be final and binding on the parties, although each side retains whatever rights it has under state or federal law to challenge the decision and award. The Arbitrator shall have no jurisdiction or authority to issue any award changing, modifying or restricting any action taken by the College on matters committed to the College’s discretion under Article 23, Management Rights, which are not further abridged by other terms of this Agreement. Jurisdiction shall extend solely to claims of violation of specific written provisions of the Agreement and involve only the interpretation and application of the Agreement.

  • Disputes/Arbitration (a) If a dispute arises between the parties, the parties agree that their respective representatives shall meet and consult in good faith and attempt to settle the dispute, within thirty (30) days of written notice thereof, as a condition precedent to the initiation of arbitration proceedings as set forth herein. Notwithstanding any other provision of this Agreement to the contrary, the parties hereto agree that any and all disputes with respect to any claim pursuant to the provisions of this Agreement, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association by a panel of three (3) arbitrators appointed pursuant to such Rules, and judgment upon the award rendered by such arbitrators may be entered in any court having jurisdiction. Such arbitrators shall not have the authority or power to reform, alter, amend or modify any of the terms or conditions of this Agreement or to enter an award which reforms, alters, amends or modifies such terms or conditions. Notwithstanding the forgoing, the arbitrators shall have no authority to award any punitive damages except upon proof of fraud with intent to deceive. The decision of such arbitrators shall be in writing, setting forth both findings of fact and conclusions of law, and shall be final and conclusive upon the parties; and no suit at law or in equity based on such dispute, controversy or claim shall be instituted by any party hereto, other than to enforce the award of such arbitrators. Such arbitration shall be conducted in Denver, Colorado or in such other location as the parties thereto may agree. (b) In the event of a dispute, the prevailing party shall be entitled to be reimbursed by the non-prevailing party or parties for such prevailing party's reasonable attorney's fees and other expenses. (c) The parties agree that as precondition to the commencement of arbitration by any party, the dispute must be submitted to non-binding mediation with a mediator agreed to by both parties. If the parties cannot agree on a mediator within fourteen (14) days from the date of a request for mediation, the dispute will be mediated by a person selected in accordance with the rules of the American Arbitration Association.

  • Mediation and Arbitration 27.1 The parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this agreement or any breach thereof. If such dispute cannot be settled amicably, through ordinary negotiations by the parties, the dispute shall be referred to the senior representative nominated by the Managing Director or Managing Partner of each party, who will meet in good faith in order to resolve the dispute. If the dispute is not resolved as a result of such meeting, either party may, within 7 (seven) days of its conclusion, propose to the other in writing that structured negotiations be entered into with the assistance of a mediator. 27.2 If the parties are unable to agree on a mediator, or if the mediator agreed upon is unwilling or unable to act, any party may within 7 (seven) days from the date of the proposal to appoint a mediator, or within 7 (seven) days of notice to any party that is unwilling or unable to act, apply to the Arbitration Foundation of South Africa (AFSA) to appoint a mediator. 27.3 The parties will, within 7 (seven) days of the appointment of the mediator, meet with him in order to agree on a program for the exchange of any information and the structure to be adopted for the negotiation to be held in Pretoria or Johannesburg. 27.4 All negotiations connected with the dispute will be conducted in complete confidentiality and the parties undertake not to divulge details of such negotiations, except to their professional advisors, who will also be subject to such confidentiality and will be without prejudice to the rights of the parties in future proceedings. 27.5 If the parties accept the mediator’s recommendations, or otherwise reach agreement on the resolution of the dispute, such agreement shall be reduced to writing and once, it is signed by the duly authorised representatives, shall be final and binding on the parties. 27.6 Failing agreement, any of the parties may invite the mediator to provide a non-binding, but informative opinion in writing as to the merits of the dispute and the rights and obligations of the parties. Such opinion will be provided on a without prejudice basis and will be private and confidential to the parties and may not be used in evidence in any proceedings commenced pursuant to the terms of this agreement, without the prior written consent of all the parties. 27.7 Should the parties fail to reach agreement in the structured negotiations within 30 (thirty) days of the mediator being appointed, such a failure shall be without prejudice to the right of any party, subsequently to refer any dispute or difference to arbitration, but the parties agree that, before resorting to arbitration, the structured negotiations in accordance with this clause shall have taken place. 27.8 That arbitration shall be held – 27.8.1 with only the parties and their representatives including their legal representatives, present thereat; 27.

  • Disputes and Arbitration Any dispute concerning a question of fact arising under this contract shall be disposed of by good faith negotiation between duly authorized representatives of the District, the Office of the State Auditor, and the Firm. Such a resolution shall be reduced to writing and a copy thereof mailed or furnished to the Firm and shall be final and conclusive.

  • Expedited Arbitration (a) The parties may meet, to review outstanding grievances filed at arbitration to determine those grievances suitable for this process, and will set dates and locations for hearings of groups of grievances considered suitable for expedited arbitration. (b) All grievances will be considered suitable for and resolved by expedited arbitration except grievances in the nature of: (1) dismissals; (2) rejection on probation; (3) suspensions in excess of 20 workdays; (4) policy grievances; (5) grievances requiring substantial interpretation of a provision of the collective agreement; (6) grievances requiring presentation of extrinsic evidence; (7) grievances where a party intends to raise a preliminary objection;

  • Arbitration Disputes arising under or in connection with this Agreement that are not resolved pursuant to Section 5.1, including requests for specific performance, will be resolved through binding arbitration conducted pursuant to the rules of the International Court of Arbitration of the International Chamber of Commerce. The arbitration will be conducted in the English language and will occur in Los Angeles County, California. Any arbitration will be in front of a single arbitrator, unless (i) ICANN is seeking punitive or exemplary damages, or operational sanctions, (ii) the parties agree in writing to a greater number of arbitrators, or (iii) the dispute arises under Section 7.6 or 7.7. In the case of clauses (i), (ii) or (iii) in the preceding sentence, the arbitration will be in front of three arbitrators with each party selecting one arbitrator and the two selected arbitrators selecting the third arbitrator. In order to expedite the arbitration and limit its cost, the arbitrator(s) shall establish page limits for the parties’ filings in conjunction with the arbitration, and should the arbitrator(s) determine that a hearing is necessary, the hearing shall be limited to one (1) calendar day, provided that in any arbitration in which ICANN is seeking punitive or exemplary damages, or operational sanctions, the hearing may be extended for one (1) additional calendar day if agreed upon by the parties or ordered by the arbitrator(s) based on the arbitrator(s) independent determination or the reasonable request of one of the parties thereto. The prevailing party in the arbitration will have the right to recover its costs and reasonable attorneys’ fees, which the arbitrator(s) shall include in the awards. In the event the arbitrators determine that Registry Operator has been repeatedly and willfully in fundamental and material breach of its obligations set forth in Article 2, Article 6 or Section 5.4 of this Agreement, ICANN may request the arbitrators award punitive or exemplary damages, or operational sanctions (including without limitation an order temporarily restricting Registry Operator’s right to sell new registrations). Each party shall treat information received from the other party pursuant to the arbitration that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15. In any litigation involving ICANN concerning this Agreement, jurisdiction and exclusive venue for such litigation will be in a court located in Los Angeles County, California; however, the parties will also have the right to enforce a judgment of such a court in any court of competent jurisdiction.

  • 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 Procedure The expedited procedure shall be used for either grievances involving Articles exclusively applying to temporary workers or, with the mutual agreement of the Employer and Union, for other grievances. For grievances that do not involve Articles exclusively applying to temporary workers, either the Employer or Union may request in writing that the expedited arbitration procedure be used at the time the Parties are scheduling dates with the arbitrator. (a) The Employer and Union will develop a stipulation of facts and use affidavits and other time-saving methods whenever possible and when mutually agreed upon. (b) Case presentation will be limited to preliminary opening statements, brief recitation of facts, witness presentation and closing oral argument. No post hearing briefs shall be filed or transcripts made. The hearing will be completed within one (1) business day unless otherwise agreed upon by the Parties. (c) The hearing shall be conducted by the arbitrator in whatever manner will most expeditiously permit full presentation of the evidence and arguments of the Parties. (d) The arbitrator may issue, at their discretion, a bench decision at the conclusion of the hearing or may issue a written award no later than seven (7) calendar days from the close of the hearing excluding weekends and holidays. (e) All decisions shall be final and binding on the Employer and Union. An arbitration award will be non-precedential if mutually agreed upon by the Parties before the hearing starts. The arbitrator’s award shall be based on the record and shall include a brief explanation of the basis for the award.

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