O ARBITRATION Sample Clauses

O ARBITRATION. SUBJECT TO THE RIGHTS UNDER SECTION 5.4 TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF AS SPECIFIED IN THIS AGREEMENT, ANY DISPUTE BETWEEN THE PARTIES HERETO ARISING UNDER OR RELATING TO THIS AGREEMENT OR THE EXECUTIVE'S EMPLOYMENT BY THE COMPANY (INCLUDING, BUT NOT LIMITED TO, THE AMOUNT OF DAMAGES, THE NATURE OF THE EXECUTIVE'S TERMINATION OR THE CALCULATION OF ANY BONUS OR OTHER AMOUNT OR BENEFIT DUE) SHALL BE RESOLVED IN ACCORDANCE WITH THE PROCEDURES OF THE AMERICAN ARBITRATION ASSOCIATION, PROVIDED, HOWEVER, THAT THE PARTIES AGREE THAT ANY ARBITRATOR OR ARBITRATORS SELECTED OR APPOINTED TO HEAR THE ARBITRATION SHALL BE EITHER A RETIRED JUDGE OF THE CIRCUIT OR APPELLATE COURTS OF NEW YORK OR A PRACTICING ATTORNEY WITH AT LEAST FIFTEEN (15) YEARS OF EXPERIENCE IN MATTERS REASONABLY RELATED TO THE ISSUE OR ISSUES IN DISPUTE. ANY RESULTING HEARING SHALL BE HELD IN THE NEW YORK AREA. THE RESOLUTION OF ANY DISPUTE ACHIEVED THROUGH SUCH ARBITRATION SHALL BE BINDING AND ENFORCEABLE BY A COURT OF COMPETENT JURISDICTION. COSTS AND FEES INCURRED IN CONNECTION WITH SUCH ARBITRATION SHALL BE BORNE BY THE PARTIES AS DETERMINED BY THE ARBITRATION.
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O ARBITRATION. All grievances referred to arbitration shall be heard by a single arbitrator and shall be heard in the expedited format. The hearing shall take place at any time mutually agreed upon between the Company, the arbitrator, and the Union. The arbitrator shall make such decision as may finally dispose of the issue in question and the decision shall be final and binding on all parties. The arbitrator’s decision shall be ordered within days of the hearing. Arbitrations shall be heard in the city where the work. The arbitrator shall not have any power to alter or change any of the provisions of this Agreement or to substitute any new provisions or any existing provisions nor to give any decision inconsistent with the term or provision hereof. The Company and the Union shall share equally the expenses of the arbitrator. If there should be an accumulation of grievances or disputes to be referred to arbitration, such grievances or disputes may, by mutual agreement, be dealt with by the arbitrator agreed upon by the parties. Any and all time limits fixed by this Article may be extended by mutual agreement between the Company and the Union. The arbitrator shall have authority to modify the penalty in a grievance involving the suspension or discharge of an employee. The parties agree to select Arbitrators by mutual agreement. Expedited Arbitration; provided for by the Canada Labour Code. Hearing within days of appointment, hearing less formal than a single or panel arbitrator. Affidavit evidence is acceptable. Simple guidelines for hearing to be established by appointed arbitrator at me ent ARTICLE SENIORITY
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O ARBITRATION. Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting any grievance procedure established by this Agreement, notify the other party in writing within ten working days of its desire to submit the difference or allegation to arbitration. The notice of intention to proceed to Arbitration shall contain the details of the grievance, a precise statement of the matter in dispute, a statement of the actual remedy sought, name and address of the party's nominee as Sole Arbitrator. The party who receives the notice of intention to proceed to arbitration shall then notify the other party of the name and address of the party's selection of an arbitrator within ten (I0) working days after receiving the notice. If the parties are unable to agree upon the selection of an arbitrator within a period of ten (IO) working days, either party shall then have the right to request the Ministry of Labour for Ontario to appoint an arbitrator or to refer the matter to a Board of Arbitration. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. The Arbitrator shall hear and determine the difference or allegation and shall issue a decision and the decision shall be final and binding upon the parties and upon any employee affected by it. Each of the parties hereto shall jointly and equally bear the expense of the arbitrator. The Arbitrator shall not have any power to alter, modify or change any of the provisions of this Agreement, or to substitute any new provisions or any existing provisions, nor to give decisions inconsistent with the terms and provisions of this Agreement.
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O ARBITRATION. Arbitration
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O ARBITRATION. Either of the Parties may notify the other Party in writing of its desire to submit a matter (as outlined in Article 9.10) to arbitration, and the notice shall contain the name of the first Party's appointee to an Arbitration Board. The recipient of the notice shall, within five (5) days, inform the other Party of the name of its appointee to the Arbitration Board. The two (2) appointees so selected shall appoint a third person who shall be the Chair. If the appointees fail to agree upon a Chair, the appointment shall be made by the Minister of Labour for Ontario upon the request of either Party. Each of the parties hereto shall bear the expenses of the Arbitrator appointed by it, and the parties shall bear jointly and equally the expenses of the Chair of the Arbitration Board. The Board of Arbitration, appointed pursuant to the provisions of this Agreement, has no jurisdiction to alter, amend, set aside, add to or delete from, any of the provisions herein contained, or to render any decision which is inconsistent with the provisions of this Agreement.
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O ARBITRATION. (a) When either party requests that a grievance be submitted to arbitration, it shall make such request in writing addressed to the other party to this Agreement. The sole arbitrator shall be selected by the parties from the following list in rotation: In the event that the arbitrator selected by the parties is unable to act, the particular case will be referred to the next named arbitrator on the list. Should an arbitrator no longer become available to hear grievances, a new arbitrator shall be added to this list by mutual agreement of the Parties. Each of the parties hereto will jointly share the expenses of the arbitrator, if any. The Parties, by mutual agreement, may refer a grievance to a "Grievance Settlement Officer" and will jointly share the expenses of such Officer. No matter may be submitted to arbitration, which has not been properly carried through all previous steps of the Grievance Procedure except that this will not apply to grievances relating to discharge. The arbitrator shall hear and determine the difference or allegation and shall issue a decision and the decision shall be final and binding upon the parties and upon any employee affected by it. The arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement.
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O ARBITRATION. Where a difference arises between the parties relating to the adjustment of a grievance, the Alliance or the Corporation may, after exhausting the grievance procedure established in Article notify the other party in writing of its intention to refer the matter to arbitration, within thirty (30) days of the date on which the Director General's, or designate's, reply at Stage was postmarked by registered mail or was due to the employee. Such notification shall contain details of the matter at issue, the specific Articles violated if applicable and the red requested. Within ten (10) days of the date of delivery of the foregoing notice, the parties shall attempt to agree to the appointment of an Arbitrator. If the parties fail to agree on the selection of an Arbitrator within ten (10) days prescribed in Clause the party requesting arbitration shall ask the Federal Minister of Labour to appoint one. The Arbitrator shall hear and determine the 'difference and shall make every reasonable effort to issue a decision within thirty (30) days of his appointment. The decision shall be final and binding upon the parties and upon any employee affected by it. The Arbitrator shall have no power to alter, add to, subtract from, amend, modify, or substitute any part of this Agreement. The fee and expenses of an Arbitrator shall be borne equally by the parties. The time limits stipulated in this Article may be extended by mutual consent of the parties. For the purpose of this Article days shall exclude Saturdays, Sundays and designated holidays.
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O ARBITRATION. Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either party may, after exhausting the Grievance Procedure established by this Agreement, notify the other in writing of its desire to submit the difference or allegation to arbitration. The notice shall be delivered to the other party within ten working days of the reply under Step The arbitrator shall be selected by the parties from the following list in rotation: Xxxxxx Xxxxxx
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Related to O ARBITRATION

  • No Arbitration Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York.

  • Expedited Arbitration (a) The Parties may by mutual agreement refer to expedited arbitration any outstanding grievances considered suitable for this process, and shall set dates and locations for hearings of groups of grievances considered suitable for expedited arbitration.

  • Mediation and Arbitration Any controversy, dispute or claim arising out of or relating to this Agreement or the performance, enforcement, breach, termination or validity thereof, including the determination of the scope of this Agreement to arbitrate, shall first be submitted to non-binding mediation and shall thereafter be determined by final binding arbitration, and not litigation, the agreed venue for mediation and arbitration being in Houston, Texas. The mediation process shall be administered by a mutually acceptable mediator selected in accordance with the Commercial Mediation Rules of the American Arbitration Association (“AAA”). If any dispute remains unresolved between the parties after the mediation process has been completed, either party may then submit any such unresolved dispute to final and binding arbitration pursuant to the Commercial Arbitration rules of AAA, with all matters related to the enforceability of this arbitration agreement and any award rendered pursuant to this agreement to be governed by the Federal Arbitration Act, 9 U.S.C. Section 1-16. The Arbitration Tribunal shall be formed of three (3) arbitrators each of which shall have at least five (5) years’ experience in hotel operation, management, ownership or leasing, one (1) to be appointed by each party and the third (3rd) to be appointed by the American Arbitration Association. The arbitration panel may require and facilitate such discovery as it shall determine is appropriate in the circumstances, taking into account the needs of the parties and the desirability of making discovery expeditious and cost-effective. The arbitration panel shall be empowered to subpoena non-party and party witnesses for deposition and hearing to the full extent provided under the AAA Rules and the Federal Arbitration Act (or the applicable state arbitration statute if the arbitration panel is appointed pursuant to a petition filed in state court). The arbitration panel may also direct the production of documents and other information and the advance identification of witnesses to be called and documents to be admitted. The arbitration panel may issue orders to protect the confidentiality of proprietary information, trade secrets and other sensitive information before it is required to be disclosed in discovery. In addition to monetary damages, or in lieu thereof, the arbitration panel shall have the power to grant all equitable relief (both by way of interim relief and as a part of its final award) as may be granted by any court in the state where the Hotel is located. Monetary damage liability shall be limited to actual damages; the parties hereby waive the right to claim and/or receive punitive damages or exemplary relief. The arbitration panel shall determine whether and to what extent any party is a prevailing party and shall award attorneys’ fees and expenses associated with the arbitration proceeding to the “prevailing party, if any. All proceedings shall be reported by a certified shorthand court reporter and written transcripts of the proceedings shall be prepared and made available to the parties. The fees of the arbitration panel, together with all costs and expenses incurred in conducting the arbitration (but excluding the parties’ respective attorney, witness and related costs and expenses) shall be borne by the party against whom the arbitral award is made and shall be a (the) component of the arbitral award. The arbitration shall take place in Orlando, Florida, and shall be conducted in the English language. The arbitration award shall be final and binding upon the parties hereto and subject to no appeal. Arbitration expenses shall not be an expense in determining House Profit. Judgment upon the award rendered maybe entered into any court having jurisdiction, or applications may be made to such court for an order of enforcement.

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