HEARING AND AWARD. The arbitrator(s) shall take such steps as may be necessary to hold a private hearing within ninety (90) days of the initial demand for arbitration and to conclude the hearing within three (3) days; and the arbitrator(s)'s written decision shall be made not later than fourteen (14) calendar days after the hearing. The parties have included these time limits in order to expedite the proceeding, but they are not jurisdictional, and the arbitrator(s) may for good cause afford or permit reasonable extensions or delays, which shall not affect the validity of the award. The written decision shall contain a brief statement of the claim(s) determined and the award made on each claim. In making the decision and award, the arbitrator(s) shall apply applicable substantive law. Absent fraud, collusion or willful misconduct by an arbitrator, the award shall be final, and judgment may be entered in any court having jurisdiction thereof. The arbitrator(s) may award injunctive relief or any other remedy available from a judge, including the joinder of parties or consolidation of this arbitration with any other involving common issues of law or fact or which may promote judicial economy, and may award attorneys' fees and costs to the prevailing party, but shall not have the power to award punitive or exemplary damages. If the arbitration is conducted by three arbitrators, the decision and award of the arbitrators need not be unanimous; rather, the decision and award of two arbitrators shall be final.
HEARING AND AWARD. The hearing shall be held in Montreal. The date of hearing must be held within 30 days of the appointment of the third arbitrator. The award of the board of arbitrators must be rendered in writing and served to the parties within 90 days following the hearing. Any such award (including with respect to the payment of fees and disbursements related to the arbitration) which is rendered shall be final, binding and without appeal, and shall become executory as a judgement against the parties upon homologation.
HEARING AND AWARD. The arbitrator so appointed shall meet and shall, if possible, hear and determine such matter within sixty (60) days after the arbitrator is appointed and his or her determination shall be binding on the parties. The award shall be in writing and signed by the arbitrator, and executed in the manner required by law. Notwithstanding any contrary provision of Section 10.11 below, judgment on the award rendered by the arbitrators may be entered by any court having jurisdiction thereof.
HEARING AND AWARD. When the arbitrator has been selected, the parties shall immediately confer with him/her to determine the earliest practicable date for a hearing. Fees and expenses of the arbitrator and the proceeding itself (e.g., court reporter) shall be borne equally by the parties. The arbitrator’s award shall be rendered within 30 calendar days of the close of the hearing or 30 calendar days after submission of post-hearing briefs, where applicable. The award of the arbitrator shall constitute a final and binding resolution of the dispute with respect to all parties—the individual Musician(s), the Federation and its Locals, and the Employer. The arbitrator shall have the power and authority to issue an award that he/she may deem appropriate, but shall not have the power or authority to amend, add to or subtract from, or alter in any manner the provisions of this Agreement.
HEARING AND AWARD. Add requirement that copies of all arbitration decisions be provided to the JPC.
HEARING AND AWARD. The arbitration hearing shall be held in Pittsburgh, Pennsylvania, and shall commence not later than forty (40) days after the date of the original demand under Section 16.
HEARING AND AWARD a. The arbitrator shall hold a hearing promptly after accepting his appointment.
b. His award shall be in writing.
c. The fee and expenses of the arbitrator shall be shared equally by the Company and the Union.
d. In the event the parties jointly request the services of a court reporter for the preparation of a xxxx- script of the hearing, the fee and expenses of the reporter shall be shared equally by the Company and the Union. In the absence of a joint request the party ordering the court reporter is responsible for all fees and expenses of the reporter unless the other party wishes a copy of the transcript. In such case, that other party will be responsible for the cost of the additional copy only.
HEARING AND AWARD. The Parties will arbitrate their dispute before the Arbitrator, who shall confer with the Parties regarding the conduct of the hearing and resolve any disputes the Parties may have in that regard. Within 90 days of the close of the arbitration hearing, or within a longer period of time as agreed to by the Parties or as ordered by the Arbitrator, any party will have the right to prepare, serve on the other party and file a brief with the Arbitrator. The Arbitrator may award any party any remedy to which that party is entitled under applicable law, but such remedies shall be limited to those that would be available to a party in his or her individual capacity in a court of law for the claims presented to and decided by the Arbitrator, and no remedies that otherwise would be available to an individual in a court of law will be forfeited by virtue of this Arbitration Provision. The Arbitrator will issue a decision or award in writing, stating the essential findings of fact and conclusions of law. A court of competent jurisdiction shall have the authority to enter a judgment upon the award made pursuant to the arbitration. The Arbitrator shall not have the power to commit errors of law or legal reasoning, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error. Your Right To Opt Out Of Arbitration. Arbitration is not a mandatory condition of your contractual relationship with the Company. If you do not want to be subject to this Arbitration Provision, you may opt out of this Arbitration Provision by notifying the Company in writing of your desire to opt out of this Arbitration Provision, either by (1) sending, within 30 days of the date this Agreement is executed by you, electronic mail to xxxx@xxxxxxxxxxxx.xxx stating your name and intent to opt out of the Arbitration Provision or (2) by sending a letter by U.S. Mail, or by any nationally recognized delivery service (e.g, UPS, Federal Express, etc.), or by hand delivery to VenderUSA, LLC (XXXXXXXXXXXX.xxx), 0000 Xxxxxxxx Xxxx, Xxxxx 000, Xxxxx, XX 00000 XXX. In order to be effective, the letter under option (2) must clearly indicate your intent to opt out of this Arbitration Provision and must be dated and signed. The envelope containing the signed letter must be received (if delivered by hand) or post-marked within 30 days of the date this Agreement is executed by you. Your writing opting out of this Arbitration Provision, whether sent by (1) or (2), will be...
HEARING AND AWARD. The Parties will arbitrate their dispute before the Arbitrator, who shall confer with the Parties regarding the conduct of the hearing and resolve any disputes the Parties may have in that regard. Within 30 days of the close of the arbitration hearing, or within a longer period of time as agreed to by the Parties or as ordered by the Arbitrator, any party will have the right to prepare, serve on the other party and file with the Arbitrator a brief. The Arbitrator may award any party any remedy to which that party is entitled under applicable law, but such remedies shall be limited to those that would be available to a party in his or her individual capacity in a court of law for the claims presented to and decided by the Arbitrator, and no remedies that otherwise would be available to an individual in a court of law will be forfeited by virtue of this Arbitration Provision. The Arbitrator will issue a decision or award in writing, stating the essential findings of fact and conclusions of law. A court of competent jurisdiction shall have the authority to enter a judgment upon the award made pursuant to the arbitration. The Arbitrator shall not have the power to commit errors of law or legal reasoning, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.
HEARING AND AWARD. The arbitrator(s) shall schedule any required hearing within the time frames required by the Arbitration Rules. The arbitrator(s)'s written decision shall be made not later than fourteen (14) calendar days after the hearing. The parties have included these time limits in order to expedite the proceeding, but they are not jurisdictional, and the arbitrator(s) may for good cause afford or permit reasonable extensions or delays, which shall not affect the validity of the award.
