CONTRACT ARBITRATION Clause Samples
A contract arbitration clause establishes that any disputes arising under the contract will be resolved through arbitration rather than through court litigation. Typically, this clause outlines the process for selecting arbitrators, the rules governing the arbitration, and the location where proceedings will take place. By mandating arbitration, the clause provides a private, often faster and less formal method for resolving disagreements, thereby reducing the time and costs associated with traditional legal proceedings and offering a clear mechanism for dispute resolution.
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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.
CONTRACT ARBITRATION. 38.01 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.
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.
CONTRACT ARBITRATION. 35.01 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.
35.02 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, in the final year of the agreement.
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 do not agree on a chair, the Minister of Labour for Alberta will appoint a chair at the request of either nominee.
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 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.
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 issue 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.
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...
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.
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.
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.