Common use of Procedural Arbitrability and Other Jurisdictional Questions Clause in Contracts

Procedural Arbitrability and Other Jurisdictional Questions. In any demand for arbitration in which a question concerning procedural arbitrability and/or an arbitrator's jurisdiction over the grievance is raised, two (2) arbitrators will be selected from two separate lists using the procedure described in Section 1.H of this Article and two (2) arbitration hearings will be scheduled no more than 45 days apart. 1. The first arbitrator shall make a separate decision on the question of procedural arbitrability and/or jurisdiction. 2. If the first arbitrator rules that there is no jurisdiction, then the second arbitration hearing will be cancelled and no decision or recommendation shall be made concerning the merits of the grievance. 3. If the first arbitrator rules that there is jurisdiction, the second arbitrator will hear and decide the merits of the grievance. 4. By mutual agreement, the parties may agree to waive a bifurcated hearing for any particular case.

Procedural Arbitrability and Other Jurisdictional Questions. In any demand for arbitration in which a question concerning procedural arbitrability and/or an arbitrator's jurisdiction over the grievance is raised, two (2) arbitrators will be selected from two separate lists using the procedure described in Section 1.H of this Article and two (2) arbitration hearings will be scheduled no more than 45 days apart. 1. The first arbitrator shall make a separate decision on the question of procedural arbitrability and/or jurisdiction. 21. If the first arbitrator rules that there is no jurisdiction, then the second arbitration hearing will be cancelled and no decision or recommendation shall be made concerning the merits of the grievance. 32. If the first arbitrator rules that there is jurisdiction, the second arbitrator will hear and decide the merits of the grievance. 4. By mutual agreement, the parties may agree to waive a bifurcated hearing for any particular case.