Decision of Arbitrator Binding Sample Clauses

Decision of Arbitrator Binding. The decision of the arbitrator shall be final and binding, on the Parties and the Parties shall share equally in the fees and expenses of the arbitrator. Should either Party disagree as to the meaning of the arbitrator's decision, either may apply to the arbitrator to have the decision clarified. Nothing in this Article shall restrict either Party's right to appeal an arbitrator's decision pursuant to the provisions of the Labour Relations Code. In no event may the arbitrator amend or modify the collective agreement. Recognizing that there are times when an expedited arbitration may be desirable, the parties agree that the following process may be used as a substitute for the formal Grievance Procedure as outlined in this Collective Agreement: a) The process can only be used by mutual agreement between the parties who are signatory to this Collective Agreement. b) The outcome will be binding on both parties. c) The cost will be borne equally by the parties. d) The procedure cannot be used should an application for a Settlement Officer, under Article 87 of the Labour Relations Code, have been made by either party. e) No legal counsel will be used by either party. The Union will use elected officers or Union representatives. f) The number of cases to be heard at any given time will not exceed three (3). g) The parties or their representatives will try to get an agreed statement of facts for presentation to the arbitrator. h) Wherever possible, the arbitrator will attempt to mediate a settlement between the parties. i) In such case that the arbitrator must write a decision, such decision shall be brief and to the point. j) An agreed schedule for the process will be arranged in advance based on a mutual assessment of the length of time needed to present each case. k) General rules of evidence will be waived except for the rule of "onus". Procedure Guidelines 1) The Opening Statement: This should basically set out the case from each party's perspective. The Arbitrator will aggressively seek, at this point, to define the issue and to determine what evidence is agreed to and what is not.
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Decision of Arbitrator Binding. 1. The decision of the arbitrator shall be final and binding on both parties. The decision may be enforced in any court of competent jurisdiction should either party fail to implement the decision. If a suit to enforce the arbitrator's decision is commenced in a court of competent jurisdiction and the initiating party does not prevail in the litigation, such party shall bear the full costs of such action including the adverse party's court costs, legal fees and other related expenses incurred as a result of defending the action. 2. Each party shall bear its own costs of arbitration except that the parties shall share the fees and charges of the arbitrator equally.
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Decision of Arbitrator Binding. The decision of the arbitrator shall be final and binding, on the Parties and the Parties shall share equally in the fees and expenses of the arbitrator. Should either Party disagree as to the meaning of the arbitrator's decision, either may apply to the arbitrator to have the decision clarified. Nothing in this Article shall restrict either Party's right to appeal an arbitrator's decision pursuant to the provisions of the Labour Relations Code. In no event may the arbitrator amend or modify the collective agreement. EXPEDITED PROCEDURE Recognizing that there are times when an expedited arbitration may be desirable, the parties agree that the following process may be used as a substitute for the formal Grievance Procedure as outlined in this Collective Agreement: The process can only be used by mutual agreement between the parties who are signatory to this Collective Agreement. The outcome will be binding on both parties. The cost will be borne equally by the parties.
Sample 1
Decision of Arbitrator Binding. The decision of the arbitrator shall be rendered in writing with all reasonable speed and shall be final and binding upon such Participants involved.
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Related to Decision of Arbitrator Binding

  • Decision of Arbitrator The decision of the Arbitrator will be final, binding and enforceable on the parties. The Arbitrator will have the power to dispose of a dismissal, discharge or discipline grievance by any arrangement which they deem just and equitable. However, the Arbitrator will not have the power to change this agreement or to alter, modify or amend any of its provisions.

  • Selection of Arbitrator Upon the proper submission of a grievance under the terms of this procedure, the parties shall, within ten (10) days after the request to arbitrate, attempt to agree upon the selection of an arbitrator. If no agreement on an arbitrator is reached, either party may request the BMS to appoint an arbitrator, pursuant to PELRA, providing such request is made within twenty (20) days after request for arbitration. The request shall ask that the appointment be made within thirty (30) days after the receipt of said request. Failure to request an arbitrator from the BMS within the time periods provided herein shall constitute a waiver of the grievance.

  • Selection of Arbitrators 1. Unless the disputing parties otherwise agree, the tribunal shall comprise three arbitrators: (a) one arbitrator appointed by each of the disputing parties; and (b) the third arbitrator, who shall be the presiding arbitrator, appointed by agreement of the disputing parties. The third arbitrator shall be a national of a non-Member State which has diplomatic relations with the disputing Member State and non-disputing Member State, and shall not have permanent residence in either the disputing Member State or non- disputing Member State. 2. Any person appointed as an arbitrator shall have expertise or experience in public international law, international trade or international investment rules. An arbitrator shall be chosen strictly on the basis of objectivity, reliability, sound judgment and independence and shall conduct himself or herself on the same basis throughout the course of the arbitral proceedings. 3. Subject to Article 36 (Conduct of the Arbitration), if a tribunal has not been constituted within 75 days from the date that a claim is submitted to arbitration under this Section, the Appointing Authority, on the request of a disputing party, shall appoint, in his or her discretion, the arbitrator or arbitrators who have not been appointed. 4. The tribunal shall reach its decisions by a majority of votes and its decisions shall be binding. 5. The parties to the dispute shall bear the cost of their respective arbitrators to the tribunal and share equally the cost of the presiding arbitrator and other relevant costs. In all other respects, the tribunal shall determine its own procedures. 6. The disputing parties may establish rules relating to expenses incurred by the tribunal, including remuneration of the arbitrators. 7. Where any arbitrator appointed as provided for in this Article resigns or becomes unable to act, a successor shall be appointed in the same manner as prescribed for the appointment of the original arbitrator and the successor shall have all the powers and duties of the original arbitrator.

  • Arbitrator’s Decision Within thirty (30) days after the appointment of the third arbitrator, the three (3) arbitrators shall decide whether the parties will use Landlord’s or Tenant’s submitted Fair Market Rental Value and shall notify Landlord and Tenant of their decision. The decision of the majority the three (3) arbitrators shall be binding on Landlord and Tenant.

  • Jurisdiction of Arbitrator The jurisdiction and authority of the arbitrator of the grievance and his or her opinion and recommendation shall be confined to the express provision or provisions of this agreement at issue between the Association and the Board. The arbitrator shall have no authority to add to, alter, amend, or modify any provision of this agreement, or to make any recommendation which will in any way deprive the Board of any of the powers delegated to it by law. The arbitrator shall not hear or decide more than one grievance without the mutual consent of the Board and the Association. The recommendation in writing of the arbitrator within his or her jurisdiction and authority as specified in this agreement shall be final and binding on the aggrieved employee or employees, the Association, and the Board.

  • Arbitrators (a) Within fifteen days after a valid Arbitration Demand Notice is given, the parties involved in the dispute, controversy or claim referenced therein shall attempt to select a sole arbitrator satisfactory to all such parties. (b) If such parties are not able jointly to select a sole arbitrator within such fifteen-day period, such parties shall each appoint an arbitrator within thirty days after delivery of the Arbitration Demand Notice. If one party appoints an arbitrator within such time period and the other party or parties fail to appoint an arbitrator within such time period, the arbitrator appointed by the one party shall be the sole arbitrator of the matter. (c) If a sole arbitrator is not selected pursuant to paragraph (a) or (b) above and, instead, two or more arbitrators are selected pursuant to paragraph (b) above, the arbitrators shall, within thirty days after the appointment of the later of them to be appointed, select an additional arbitrator who shall act as the sole arbitrator of the dispute. After selection of such sole arbitrator, the initial arbitrators shall have no further role with respect to the dispute. In the event that the arbitrators so appointed do not, within thirty days after the appointment of the later of them to be appointed, agree on the selection of the sole arbitrator, any party involved in such dispute may apply to the American Arbitration Association to select the sole arbitrator, which selection shall be made by such organization within thirty days after such application. Any arbitrator selected pursuant to this paragraph (c) shall be disinterested with respect to any of the parties and the matter and shall be reasonably competent in the applicable subject matter. (d) The sole arbitrator selected pursuant to paragraph (a), (b) or (c) above shall set a time for the hearing of the matter which will commence no later than ninety days after the date of appointment of the sole arbitrator pursuant to paragraph (a), (b) or (c) above and which hearing will be no longer than thirty days (unless in the judgment of the arbitrator the matter is unusually complex and sophisticated and thereby requires a longer time, in which event such hearing shall be no longer than ninety days). The final decision of such arbitrator will be rendered in writing to the parties not later than sixty days after the last hearing date, unless otherwise agreed by the parties in writing. (e) The place of any arbitration hereunder will be New York, New York, unless otherwise agreed by the parties.

  • Authority of Arbitrator The expedited arbitrator shall have the same powers and authority as an arbitration board established under the provisions under the Labour Relations Code.

  • Decision of the Arbitrator The decision of the arbitrator shall be final, binding, and enforceable on the Parties. The arbitrator shall have the power to dispose of a grievance by any arrangement deemed just and equitable. However, the arbitrator shall not have the power to change this Agreement by altering, modifying, or amending any provision.

  • Arbitrator The arbitration will be conducted by one arbitrator skilled in the arbitration of executive employment matters. The parties to the arbitration will jointly appoint the arbitrator within 30 days after initiation of the arbitration. If the parties fail to appoint an arbitrator as provided above, an arbitrator with substantial experience in executive employment matters will be appointed by the AAA as provided in the Arbitration Rules. The Corporation will pay all of the fees, if any, and expenses of the arbitrator and the arbitration, unless otherwise determined by the arbitrator. Each party to the arbitration will be responsible for his/its respective attorneys fees or other costs of representation.

  • Expenses of Arbitrator Each Party shall pay one-half (½) of the fees and expenses of the Arbitrator.

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