Fast Track Arbitration. The Parties agree to the following fast track arbitration process for those grievances filed subsequent to February 7, 1992.
(a) The Parties shall meet every four (4) months or as often as required to review all outstanding grievances to determine by mutual agreement those grievances suitable for this process, and shall set dates for hearings of groups of grievances considered suitable for fast track arbitration.
(b) All grievances shall be considered suitable for and resolved by fast track arbitration except grievances in the nature of:
(1) dismissal;
(2) suspension in excess of twenty (20) workdays;
(3) policy grievances;
(4) grievances requiring substantial interpretation of a provision of the Collective Agreement;
(5) grievances requiring presentation of extrinsic evidence;
(6) rejection on probation;
(7) grievances where a Party intends to raise a preliminary objection;
Fast Track Arbitration. Any controversy, dispute or claim arising under this Exhibit B shall be settled by arbitration in Boston, Massachusetts in accordance with the Expedited Arbitration Rules of the American Arbitration Association as then in effect (unless the parties mutually agree otherwise). The decision rendered by the arbitrator or arbitrators shall be final and conclusive upon Landlord and Tenant. To avail itself of the dispute resolution procedures of this Section 1.6, the party demanding arbitration shall file a written notice of such demand with the other party and with the American Arbitration Association. In connection with resolution of disputes submitted to arbitration hereunder, Landlord and Tenant hereby irrevocably waive any and all rights they may have to resolve such dispute in a manner that is inconsistent with the provisions of this Section 1.6. The costs and administration expenses of each arbitration hereunder shall be borne equally by the parties, and each party shall be responsible for its own attorneys’ fees and expert witnesses’ fees. In connection with the foregoing, it is expressly understood and agreed that the parties shall continue to perform their respective obligations under the Lease and this Exhibit B during the pendency of any arbitration proceeding hereunder (with any adjustments or reallocations to be made on account of such continued performance as determined by the arbitrator in his or her award).
Fast Track Arbitration. A panel of six (6) arbitrators mutually selected shall hear cases on a rotating basis, not less than one day each month. The parties shall mutually select not less than three (3) nor more than six (6) cases to be heard on any day. The cost of arbitration shall be shared equally by the parties. A brief, summary decision shall be provided by the arbitrator within five (5) working days of hearing. The decision will be final and binding, but not precedential.
Fast Track Arbitration. (a) Within sixty (60) days following the Effective Date, the Parties shall agree upon an independent third party mutually acceptable to all Parties (the “Fast-Track Arbitrator”) and an alternate third party (the “Alternate”) to decide Disputes or Controversies required by this Funding Agreement to be resolved by Fast-Track Arbitration. Within sixty (60) days from the fifth (5th) anniversary of the Effective Date and each successive fifth (5th) anniversary thereafter during the Funding Term, the Parties shall again agree upon independent third parties to be the Fast Tract Arbitrator and the Alternate; provided, however, that the Parties shall earlier agree on a replacement Fast Track Arbitrator and/or Alternate if the existing Fast Track Arbitrator and/or Alternate shall become unavailable in the reasonable opinion of a Party. If (i) the Parties are unable to agree on a third party to serve as the Fast-Track Arbitrator or the Alternate or (ii) if the Fast-Track Arbitrator or Alternate is unable or fails to act in such capacity, any Dispute or Controversy shall be referred to Regular Arbitration pursuant to Section 1.1 of this Appendix B.
(b) Arbitration known as “Fast-Track Arbitration” shall be conducted in accordance with the following procedures. Any Party may refer a Dispute or Controversy required to be resolved by Fast-Track Arbitration by providing written notice to the Fast-Track Arbitrator and the other Parties. Such notice shall include a clear statement of the matter(s) in dispute and a brief description (no longer than two (2) pages) of the Dispute or Controversy. If a Party gives written notice of the referral of such Dispute or Controversy to Fast Track Arbitration, the other Parties shall be bound to enter into Fast-Track Arbitration as provided in this Section 1.2 and may not resort to Regular Arbitration under the procedures of Section 1.1 of this Appendix B except for the last sentence of Section 1.2(a) and 1.2(d). The Parties may also mutually agree to enter into Fast-Track Arbitration to resolve any other Dispute or Controversy by providing joint written notice to the Fast-Track Arbitrator. In the event that the Fast-Track Arbitrator is unavailable to resolve the Dispute or Controversy within the time period stated in the next sentence, the Dispute or Controversy shall be referred to the Alternate. The Fast-Track Arbitrator or the Alternate, as the case may be (the “arbitrator”), shall be directed to resolve the Dispute or Controversy wi...
Fast Track Arbitration. Any party may elect to resolve a dispute as to the royalty to be paid under Section 2.2 or 2.3 by binding fast-track arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures, such arbitration to be held before a single arbitrator agreed upon by the parties to such dispute in New York, New York. The arbitration shall commence no later than 30 days after selection of the arbitrator, subject only to the arbitrator's availability or the arbitrator's decision to delay the proceeding. The costs of arbitration shall be shared equally by the parties to the arbitration. Any settlement reached by arbitration shall be recorded in writing, signed by the parties, and shall be binding on them. The parties shall instruct the arbitrator to deliver a decision no later than 30 days after the completion of the arbitration hearing or the completion of the written submissions of the parties if a hearing is waived.
Fast Track Arbitration. The parties may opt for fast track arbitration and request the arbitral tribunal to decide the reference in a fixed time frame of 3 to 6 months or any other time agreed between the parties, according to the Fast track arbitration, as under:
1. The arbitral tribunal will be authorized to decide the dispute on the written pleadings, documents and written submissions filed by the parties without any oral hearing.
2. The arbitral tribunal shall have power to call for any further information/clarification from the parties in addition to the pleadings and documents filed by them.
3. An oral hearing may be held if both the parties make a joint request or if the arbitral tribunal considers an oral hearing necessary in any particular case.
4. If an oral hearing is held the arbitral tribunal may dispense with any technical formalities and adopt such procedures as it deems appropriate and necessary for economic and expeditious disposal of the case.
Fast Track Arbitration. (a) All grievances which may be processed pursuant to the Grievance Procedure in the collective agreement will be suitable for resolution by the fast track process upon mutual agreement of the two Parties after failure to resolve a grievance at Step 3 of the Grievance Procedure.
(b) The Union and the Employer agree that (name) arbitrator(s) will act as a single arbitrator to settle disputes.
(c) The arbitrator will utilize an expedited process with the following instructions:
(i) The Union and the Employer will not use lawyers for presentation;
(ii) The Parties will make every effort to arrive at a Statement of Agreed Facts prior to the hearing and will forward it to the arbitrator and the other Party as well as a copy of any document that it intends to use during the hearing including precedents and authorities;
(iii) Presentations will be short and concise;
(iv) Use of witnesses are discouraged;
(v) There will be minimal reliance upon case authorities during argument;
(vi) Whenever possible, the arbitrator will deliver his/her decision orally at the conclusion of the hearing by giving a brief resume of his/her reasons and confirm his/her conclusions in writing thereafter. In the event that this is not possible, the arbitrator will provide the Parties with a written decision within two (2) weeks of the hearing;
(vii) The decision of the arbitrator will be final and binding on the Parties. In no event will the arbitrator have the power to alter, modify or amend this Collective Agreement in any respect;
Fast Track Arbitration. (1) In the event of any claim by ConocoPhillips arising out of or relating to Sections 2.3(b) or 5.2(e) (a “Fast-Track Dispute”), either party may serve formal written notice on the other party that a Fast-Track Dispute has arisen (a “Notice of Fast-Track Dispute”). Resolution of such Fast-Track Dispute shall be subject to the provisions of this Section 9.9(e).
(2) The parties shall use all reasonable endeavors for a period of 30 days from the date on which the Notice of Fast-Track Dispute is served by one party on the other party (or such longer period as may be agreed in writing between the parties) to resolve the Fast-Track Dispute.
(3) If the parties are unable to resolve the Fast-Track Dispute within the time period referred to in Section 9.9(e)(2), the Fast-Track Dispute shall be immediately referred in writing by either party to the respective chief executives of Lukoil and ConocoPhillips, who shall attempt, for a period of 10 days from the expiry of the time period referred to in Section 9.9(e)(2), to resolve the Fast-Track Dispute. If the respective chief executives of Lukoil and ConocoPhillips are unable to resolve the Fast-Track Dispute within this ten-day period (or such longer period as may be agreed in writing between the parties), the Fast-Track Dispute may be referred by either party to arbitration in accordance with the remaining provisions of this Section 9.9(e).
(4) If the parties are unable to resolve the Fast-Track Dispute within the respective time periods referred to in Sections 9.9(e)(2) and (3), the Fast-Track Dispute shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”) then in force, as modified in this Section 9.9(e), by a sole arbitrator. The parties shall jointly appoint the sole arbitrator, provided, however, that in the event the parties do not agree to the appointment of the sole arbitrator within 14 days of the expiry of the respective time periods referred to in Section 9.9(e)(2) and (3), the sole arbitrator shall be appointed in accordance with the Rules of Arbitration of the International Chamber of Commerce. The place of the Fast-Track Arbitration shall be London, England. The language of the Fast-Track Arbitration shall be English.
(5) For the purpose of Fast-Track Arbitration under this Section 9.9(e), every time limit set out in the ICC Arbitration Rules for the taking of any action by a party or the sole arbitrator shall be reduced by half.
(6) Th...
Fast Track Arbitration. The Parties agree to the following fast track arbitration process for those grievances filed after the date of ratification of the Agreement:
Fast Track Arbitration. 21.3.1 The Buyer and the Supplier shall decide upon an independent third party mutually acceptable to both Parties (the “Fast Track Arbitrator”) and an alternate third party (the “Alternate”) to decide disputes referable by the Parties for Fast Track Arbitration in accordance with this Contract.
21.3.2 If the Buyer and the Supplier do not agree on a Fast Track Arbitrator, then the Dispute Board Centre of the International Chamber of Commerce shall be requested to select the Fast Track Arbitrator and the Alternate. The Fast Track Arbitrator and the Alternate each must have experience in diesel engine powered generation facilities.
21.3.3 Either Party may refer any dispute arising out of the application of the provisions of clauses 6, 7 and 8 to the Fast Track Arbitrator as provided in said clause by written notice to the Fast Track Arbitrator and the other Party.
21.3.4 If a Party has given written notice of its intent to refer such a dispute, the other Party shall be bound to Fast Track Arbitration as provided in this clause and may not resort to the procedures of clause 21.2.
21.3.5 In the event that the Fast Track Arbitrator is unavailable to resolve the dispute within the time period stated in this clause, the dispute shall be referred to the Alternate. The Fast Track Arbitrator or the Alternate, as the case may be (the “Arbitrator”), shall be directed to resolve the dispute within fifteen (15) days of referral. The Parties shall cooperate in good faith in providing to the Arbitrator any information reasonably needed to resolve the dispute.
21.3.6 The decision of the Arbitrator shall be final, binding and non-appealable on both Parties unless either of the Parties has, within thirty (30) days from the receipt of the said decision, submitted the dispute into the arbitration procedure set forth in clause 21.2.
