Failure to Appoint Arbitrator Clause Samples
The "Failure to Appoint Arbitrator" clause defines the procedure to follow if one or both parties do not appoint an arbitrator within a specified timeframe. Typically, this clause allows for a neutral third party, such as a court or an arbitration institution, to step in and make the appointment on behalf of the non-complying party. This ensures that the arbitration process is not stalled due to inaction or disagreement, thereby maintaining the momentum of dispute resolution and preventing either party from frustrating the process by refusing to participate.
Failure to Appoint Arbitrator. In the event that either party fails to appoint its arbitrator, after written notice from the other so to do, within the time specified by such notice, which shall not be less than six (6) business days thereafter, then the party so failing to appoint such arbitrator shall automatically be deemed to have abandoned its contentions in reference to such grievance.
Failure to Appoint Arbitrator. If the recipient of the notice fails to agree on the Arbitrator within 14 calendar days, the appointment shall be made by the Labour Relations Board, at the request of either party.
Failure to Appoint Arbitrator. If either Landlord or Tenant fails to appoint an arbitrator within thirty (30) days after the Outside Agreement Date, the arbitrator appointed by one of them shall reach a decision, notify Landlord and Tenant thereof, and such arbitrator's decision shall be binding upon Landlord and Tenant.
Failure to Appoint Arbitrator. If either party fails to appoint an arbitrator within the prescribed time, and/or if either party fails to appoint an arbitrator with the qualifications specified herein, and/or if any two arbitrators are unable to agree upon the appointment of a third arbitrator within the prescribed time, then the Superior Court of the county in which the Premises is located may, upon request of any party, appoint such arbitrators, as the case may be, and the arbitrators as a group shall have the same power and authority to render a final and binding decision as where the appointments are made pursuant to the provisions of the preceding Section. All arbitrators shall be individuals with at least five (5) years’ experience negotiating or arbitrating disputes arising out of commercial real property leases in the County where the Premises are located. All determinations by arbitration hereunder shall be binding upon Landlord and Tenant.
Failure to Appoint Arbitrator. In the event that either party fails to appoint its arbitrator after written notice for the other so to do, within the time specified by such notice, which shall not be more than six (6) business days there-after, then the party failing to appoint such arbitrator shall automatically be deemed to have abandoned its’ contentions in reference to such grievance. In the event of the parties failing to agree on an arbitrator, the grievance shall be referred to the United States Mediation and Conciliation Service under whose rules an arbitrator may be chosen. The decision of the arbitrator shall be final and binding. All expenses incidental to the arbitrator shall be paid jointly by the Company and the Union.