INITIATING ARBITRATION; SELECTION OF ARBITRATORS Sample Clauses

INITIATING ARBITRATION; SELECTION OF ARBITRATORS. Arbitration shall be instituted by a Partner delivering notice to the other Partner(s) of its intention to arbitrate specifying the matters to be arbitrated. The arbitration shall be conducted by three arbitrators. The arbitrators shall be impartial and shall not be related, directly or indirectly, so far as employment of services is concerned, to any Partner or to any Affiliate thereof. In an arbitration proceeding involving any specialized area of the management and operation of the Project, the arbitrators shall have substantial knowledge and experience in such a specialized area. For example, in any dispute involving accounting procedures, the arbitrators shall be independent certified public accountants.
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INITIATING ARBITRATION; SELECTION OF ARBITRATORS. If the dispute cannot be resolved pursuant to sub-Section (a), any Member(s) may submit any dispute to arbitration by giving written notice to the other Member(s) along with the name of an arbitrator. Within thirty (30) days after receipt of a request to arbitrate a dispute, the other Member(s) must appoint an arbitrator. Fifteen (15) days thereafter the two appointed arbitrators will select a third arbitrator. If a Member(s), who is by this sub-Section (b) is required to appoint an arbitrator, fails to make such appointment within the thirty (30) day period, the Member(s) originally instigating the arbitration will be authorized to appoint the second arbitrator. If the two appointed arbitrators fail to select a third arbitrator within the fifteen (15) day period, the Members will mutually select the third arbitrator. If the Members are unable to agree within fifteen (15) days thereafter as to appointment of the third arbitrator, then any Member may, upon at least five (5) days prior written notice to the other Member(s), request the American Arbitration Association to choose such third arbitrator. All arbitrators will be impartial and unrelated, directly or indirectly, so far as employment or services is concerned, to any Member or to any Affiliate or to any Person directly or indirectly related to the Members or to any Affiliate. In an arbitration proceeding involving the management and operation of the Company, the arbitrators must have substantial knowledge and experience in the management and operation of similar real estate ventures. In any arbitration proceedings involving any other specialized area of knowledge or competence, the arbitrators must have substantial knowledge and experience in such specialized area as, for example, in any dispute involving accounting procedures the arbitrators will be independent certified public accountants. The arbitration proceeding will otherwise be governed by the International Commercial Arbitration Rules of the American Arbitration Association then in force. The place of arbitration will be Orange County, Florida.
Sample 1
INITIATING ARBITRATION; SELECTION OF ARBITRATORS. Any Shareholder may ------------------------------------------------ submit any question, matter or dispute set forth in Section 12.1 to arbitration at which time the submitting Shareholder shall provide written notice to each of the other Shareholders of its intent to initiate the arbitration proceedings set forth herein. Within thirty (30) days after receipt of a request to arbitrate a dispute, if there are three Shareholders, each Shareholder shall appoint one arbitrator. If any Shareholder shall fail to make such appointment within said 30-day period within 15 days after the expiration of the 30-day period, the other Shareholders shall jointly appoint another arbitrator, or, in the event that the other Shareholders can not agree upon the appointment of a third arbitrator, the two appointed arbitrators shall select a third arbitrator within said 15-day period. If the other Shareholders and/or the two appointed arbitrators are unable to agree within fifteen (15) days, then any Shareholder may, upon at least five days' prior written notice to the other Shareholders, request the Presiding Judge of the Circuit Court of the Eleventh Judicial Circuit, in and for Miami-Dade County, Florida, ("Judge") acting in his or her private and nonjudicial capacity, to choose an arbitrator to fill the vacancy. The Judge may thereupon appoint an arbitrator to complete the panel of three arbitrators. If there are only two Shareholders, each Shareholder shall appoint one arbitrator within thirty (30) days after a receipt of a request to arbitrate a dispute. If a Shareholder shall fail to make such appointment within said 30- day period, the other Shareholder shall appoint the second arbitrator. The two appointed arbitrators shall select a third arbitrator. If the two arbitrators are unable to agree within fifteen (15) days, then any Shareholder may request the Judge to choose an arbitrator to fill the vacancy. All arbitrators shall be impartial and unrelated, directly or indirectly, so far as employment of services is concerned to any of the Shareholders or to any Affiliate or to any person directly or indirectly related to any Affiliate or to any person directly or indirectly related to the Shareholders. In an arbitration proceeding involving the management and operation of the Corporation, the arbitrators shall have substantial knowledge and experience in the management and operation of similar companies. In any arbitration proceedings involving any other specialized area ...
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Related to INITIATING ARBITRATION; SELECTION OF ARBITRATORS

  • 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.

  • 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.

  • Initiation of Arbitration Pursuant to Section 110 of the Arbitration Act, the parties agree that a party may initiate Arbitration by giving written notice to the other party (“Arbitration Notice”) in the same manner that notice is permitted under Section 9.13 of the Agreement; provided, however, that the Arbitration Notice may not be given by email or fax. Arbitration will be deemed initiated as of the date that the Arbitration Notice is deemed delivered to such other party under Section 9.13 of the Agreement (the “Service Date”). After the Service Date, information may be delivered, and notices may be given, by email or fax pursuant to Section 9.13 of the Agreement or any other method permitted thereunder. The Arbitration Notice must describe the nature of the controversy, the remedies sought, and the election to commence Arbitration proceedings. All Claims in the Arbitration Notice must be pleaded consistent with the Utah Rules of Civil Procedure.

  • Location of Arbitration The arbitration shall take place in Oklahoma City, Oklahoma, and the arbitrator shall issue any award at the place of arbitration. The arbitrator may conduct hearings and meetings at any other place agreeable to the parties or, upon the motion of a party, determined by the arbitrator as necessary to obtain significant testimony or evidence.

  • Mediation/Arbitration a. In the event of any dispute under this Agreement, the parties hereto desire to avoid litigation. Accordingly, the aggrieved party will give notice of the dispute to the other party and both parties will attempt to settle the dispute during the thirty (30) day period following such notice. If such dispute remains unsettled, the parties agree to then submit such dispute to mediation. If the parties cannot agree on a mediator, each will select a mediator and the two chosen mediators will select a third mediator who shall alone hear the dispute. Such mediation will, if possible, be conducted during the sixty (60) day period following expiration of the thirty (30) day period. If such mediation fails to resolve the dispute, the parties agree such dispute will be submitted to final and binding arbitration in accordance with the rules of the American Arbitration Association. Unless otherwise directed by the arbitrator, such arbitration must be concluded within ninety (90) days of the expiration of the sixty (60) day period previously specified for mediation. If the parties cannot agree on a single arbitrator, each will select an arbitrator, and the two chosen arbitrators will select a third arbitrator who shall alone decide the dispute. Any mediation or arbitration conducted hereunder will be conducted in Knoxville, Tennessee. The parties hereto shall equally share the costs of mediation (including the mediator’s fees and expenses and costs directly related to the conduct of the mediation, but excluding each party’s direct costs for transportation, attorneys, etc., for which each will be responsible). If any party fails to participate in mediation or arbitration after receipt of notice thereof, then each party hereto agrees that the other party shall have the right to proceed immediately to arbitration and that such other party shall be entitled to select the arbitrator in its sole discretion. Each party further agrees that, in such event, such arbitrator shall have the right to decide the dispute as if the non- participating party were participating in the arbitration and that such decision shall be final and binding upon each party hereto.

  • Mandatory Binding Arbitration The Parties agree to submit to binding arbitration any claims that they may have against each other, of any nature whatsoever, other than those prohibited by law, pursuant to the New Mexico Uniform Arbitration Act, and hereby waive any rights to file suit in a court of law on any such claims.

  • Step 4 - Arbitration a. If the Union is dissatisfied with the written decision at Step 2 or if the mediation is not successful, within twenty-five (25) days of the Step 2 meeting, the Union may advance the grievance to arbitration. Only the Union (not an individual Bargaining Unit Faculty member) may process a grievance to arbitration. b. Within thirty (30) days of notice of proceeding to arbitration, the Union and the College shall select an impartial third party to be Arbitrator. In the event the parties cannot agree on the selection of an impartial third party, they shall request a list of Arbitrators from Federal Mediation and Conciliation Service. c. Within five (5) days of receipt of the list, the parties shall alternately strike names from the list until one name remains. The person whose name remains shall be the Arbitrator. d. Each party shall bear the expense of preparing and presenting its own case. The costs of the arbitration proceedings, including compensation, fees and expenses of the Arbitrator, and the cost of any hearing transcript, shall be borne equally by the College and the Union. Unless otherwise mutually agreed, each arbitration hearing shall deal with no more than one (1) grievance. e. Subject to the availability of the Arbitrator selected, arbitration shall begin within thirty (30) days unless a delay is agreed upon by both parties. f. The Arbitrator shall have no power to add to, subtract from, modify or disregard any of the provisions of this Agreement. The decision of the Arbitrator shall be final and binding on the parties, although each side retains whatever rights it has under state or federal law to challenge the decision and award. The Arbitrator shall have no jurisdiction or authority to issue any award changing, modifying or restricting any action taken by the College on matters committed to the College’s discretion under Article 23, Management Rights, which are not further abridged by other terms of this Agreement. Jurisdiction shall extend solely to claims of violation of specific written provisions of the Agreement and involve only the interpretation and application of the Agreement.

  • 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.

  • Selecting an Arbitrator The parties will select an arbitrator by mutual agreement or by alternately striking names supplied by the AAA, and will follow the Labor Arbitration Rules of the AAA unless they agree otherwise in writing.

  • qualified arbitrators The parties shall each strike two (2) names from the list and the remaining person shall be accepted as the arbitrator. The first party to strike will be determined by the flip of a coin.

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