Procedure for Arbitration. (a) The arbitral tribunal shall consist of three (3) arbitrators. The claimant shall nominate one arbitrator; the respondent shall nominate the second arbitrator; and a third arbitrator, who shall serve as chairman, shall be appointed by the LCIA Court within fifteen (15) days of the appointment of the second arbitrator. (b) For the avoidance of any doubt, SNH and Perenco shall only be entitled to collectively appoint one arbitrator, and Golar and Golar Cam shall only be entitled to collectively appoint one arbitrator. If SNH or Perenco commences arbitration otherwise than jointly with the other, the arbitrator appointed by it shall be deemed to have been appointed with the agreement of the other. If Golar or Golar Cam commences arbitration otherwise than jointly with the other, the arbitrator appointed by it shall be deemed to have been appointed with the agreement of the other. (c) In the event the claimant or the respondent shall fail to nominate an arbitrator within the time limits specified in the Rules, such arbitrator shall be appointed by the LCIA Court within fifteen (15) days of such failure. In the event that both the claimant and the respondent fail to nominate an arbitrator within the time limits specified in the Rules, all three arbitrators shall be appointed by the LCIA Court within fifteen (15) days of such failure who shall designate one of them as chairman. (d) If both parties so agree, there shall be a sole arbitrator appointed by the LCIA Court within fifteen (15) days of such agreement. (e) The seat of arbitration shall be Geneva, Switzerland, and the language of the arbitration shall be English.
Appears in 1 contract
Samples: Amendment Agreement (Golar LNG LTD)
Procedure for Arbitration. In cases where this Lease expressly provides for the settlement of a dispute or question by arbitration, the arbitration shall be conducted in accordance with the following:
(a) The arbitral tribunal party desiring arbitration shall consist appoint a disinterested person that satisfies the requirements of three (3) arbitrators. The claimant shall nominate one arbitrator; Section 34.1(a), below, as arbitrator on its behalf and give notice thereof to the respondent shall nominate the second arbitrator; and a third arbitratorother party who shall, who shall serve as chairman, shall be appointed by the LCIA Court within fifteen (15) days thereafter, appoint a second disinterested person that satisfies the requirements of Section 34.1(a), below, as arbitrator on its behalf and give notice thereof to the first party.
(b) The two (2) arbitrators thus appointed shall together appoint a third disinterested person that satisfies the requirements of Section 34.1(a), below, within fifteen (15) days after the appointment of the second arbitrator.
(b) For the avoidance of any doubt, SNH and Perenco shall only be entitled to collectively appoint one arbitrator, and Golar said three (3) arbitrators shall, as promptly as possible, determine the matter that is the subject of the arbitration and Golar Cam shall only be entitled to collectively appoint one arbitrator. If SNH or Perenco commences arbitration otherwise than jointly with the other, decision of the arbitrator appointed by it majority of them shall be deemed to have been appointed with conclusive and binding on all parties and judgment upon the agreement of the other. If Golar or Golar Cam commences arbitration otherwise than jointly with the other, the arbitrator appointed by it shall award may be deemed to have been appointed with the agreement of the otherentered in any court having jurisdiction.
(c) In If a party who has the event right pursuant to the claimant or the respondent shall fail foregoing to nominate appoint an arbitrator within fails or neglects to do so, then and in such event, the time limits specified in other party (or if the Rules, such arbitrator shall be two (2) arbitrators appointed by the LCIA Court within fifteen parties fail to appoint a third arbitrator when required hereunder, then either party) may apply to the American Arbitration Association (15) days or any organization successor thereto), or in its absence, refusal, failure or inability to act, may apply for a court appointment of such failure. In the event that both the claimant and the respondent fail to nominate an arbitrator within the time limits specified in the Rules, all three arbitrators shall be appointed by the LCIA Court within fifteen (15) days of such failure who shall designate one of them as chairmanarbitrator.
(d) If both parties so agree, there The arbitration shall be a sole arbitrator appointed by conducted in the LCIA Court within fifteen (15) days City and County of New York, and to the extent applicable and consistent with this Section, shall be conducted in accordance with the commercial Arbitration Rules then obtaining of the American Arbitration Association in effect at the time of such agreementarbitration or any successor body of similar function. Each party shall have the right to present evidence in the arbitration.
(e) Each party shall pay (i) its own fees and expenses relating to the arbitration and its arbitrator (including, without limitation, the fees and expenses of its counsel and of experts and witnesses retained or called by it) and (ii) one-half of the fees and expenses of the third arbitrator, provided, that the arbitrators shall have the authority to award such fees and expenses in favor of the prevailing party.
(f) Landlord and Tenant shall sign all documents and do all other things necessary to submit any such matter to arbitration and further shall, and hereby do, waive any and all rights they or either of them may at any time have to revoke their agreement hereunder to submit to arbitration and to abide by the decision rendered thereunder. The seat arbitrators shall have no power to vary or modify any of arbitration the provisions of this Lease and their jurisdiction is limited accordingly.
(g) Each of the arbitrators shall be Geneva, Switzerland, a licensed professional engineer or registered architect having at least ten (10) years' experience in the design and construction of Building similar in all material respects to the language Premises. If the subject matter of the arbitration dispute does not involve construction or design related issues, the arbitrators shall have at least ten (10) years experience in the subject matter that is the subject of the arbitration. To the extent applicable and consistent with this Article 34, any such arbitrations involving construction and design related issues should be Englishconducted in accordance with the Construction Arbitration Rules then obtaining of the American Arbitration Association or any successor body of similar function.
Appears in 1 contract
Procedure for Arbitration. (a) The arbitral tribunal shall consist of three (3) arbitrators. The claimant shall nominate one arbitrator; the respondent shall nominate the second arbitrator; and a third arbitrator, who shall serve as chairman, shall be appointed by the LCIA Court within fifteen (15) [*****] days of the appointment of the second arbitrator.
(b) For the avoidance of any doubt, SNH and Perenco shall only be entitled to collectively appoint one arbitrator, and Golar and Golar Cam shall only be entitled to collectively appoint one arbitrator. If SNH or Perenco commences arbitration otherwise than jointly with the other, the arbitrator appointed by it shall be deemed to have been appointed with the agreement of the other. If Golar or Golar Cam commences arbitration otherwise than jointly with the other, the arbitrator appointed by it shall be deemed to have been appointed with the agreement of the other.
(c) In the event the claimant or the respondent shall fail to nominate an arbitrator within the time limits specified in the Rules, such arbitrator shall be appointed by the LCIA Court within fifteen (15) [*****] days of such failure. In the event that both the claimant and the respondent fail to nominate an arbitrator within the time limits specified in the Rules, all three arbitrators shall be appointed by the LCIA Court within fifteen (15) days [*****] of such failure who shall designate one of them as chairman.
(d) If both parties so agree, there shall be a sole arbitrator appointed by the LCIA Court within fifteen (15) [*****] days of such agreement.
(e) The seat of arbitration shall be Geneva, Switzerland, and the language of the arbitration shall be English.
Appears in 1 contract
Procedure for Arbitration. (a) The arbitral tribunal shall consist of three (3) arbitrators. The claimant shall nominate one arbitrator; the respondent shall nominate the second arbitrator; and a third arbitrator, who shall serve as chairman, shall be appointed by the LCIA Court within fifteen (15) days of the appointment of the second arbitrator.
(b) For the avoidance of any doubt, SNH and Perenco shall only be entitled to collectively appoint one arbitrator, and Golar and Golar Cam shall only be entitled to collectively appoint one arbitrator. If SNH or Perenco commences arbitration otherwise than jointly with the other, the arbitrator appointed by it shall be deemed to have been appointed with the agreement of the other. If Golar or Golar Cam commences arbitration otherwise than jointly with the other, the arbitrator appointed by it shall be deemed to have been appointed with the agreement of the other.
(c) In the event the claimant or the respondent shall fail to nominate an arbitrator within the time limits specified in the Rules, such arbitrator shall be appointed by the LCIA Court within fifteen (15) days of such failure. In the event that both the claimant and the respondent fail to nominate an arbitrator within the time limits specified in the Rules, all three arbitrators shall be appointed by the LCIA Court within fifteen (15) days of such failure who shall designate one of them as chairman.
(d) If both parties so agree, there shall be a sole arbitrator appointed by the LCIA Court within fifteen (15) days of such agreement.
(e) The seat of arbitration shall be Geneva, Switzerland, and the language of the arbitration shall be English.. EXECUTION PAGE SIGNED for and on behalf of SOCIÉTÉ NATIONALE DES HYDROCARBURES
Appears in 1 contract
Procedure for Arbitration. a. If the grievance is not resolved satisfactorily under Step 4, Section 6, such grievance shall upon written notice by the party requesting arbitration to the other party be referred to arbitration. However, arbitration may be invoked only by the Employer, or by the Union with the consent of the grievant(s).
b. The written notice requesting arbitration must be served not later than thirty (a30) The arbitral tribunal calendar days after receipt of the Commander's decision under Step 4, Section 6.
c. Within five (5) working days after the receipt of the arbitration notice, the parties shall consist jointly request through appropriate channels the Federal Mediation and Conciliation Service to provide a list of three five (35) impartial persons to act as arbitrators. If the arbitrator cannot be selected by mutual Agreement, The claimant Employer and the Union will each strike on arbitrator's name from the list. The Union shall nominate have the first choice in striking an arbitrator's name from the list and the parties shall then proceed in turn until only one name remains.
d. The parties may submit individual statements to the arbitrator The burden of proof in the arbitration proceedings rests on the party requesting arbitration. A hearing may be held at the discretion of the arbitrator; . Normally such hearings shall take place on the respondent shall nominate Employer's premises. The testimony and argument during the second arbitrator; and a third arbitrator, who shall serve as chairman, hearing shall be appointed limited to relevant and pertinent issues as formed by their individual statement in each party's submission.
e. Either party may cross-examine any witness of the other party and the arbitrator may question any witness at any time.
f. Either party may have the arbitration proceedings reported and transcribed at their own expense without obligation to furnish the other party a copy of the transcript unless the other party agrees to pay for half of the original cost.
g. The arbitrator may investigate, in person, the Employer's premises relating to the matter under dispute. The Union and the Employer's designated representative for the hearing shall accompany the arbitrator on such an investigation.
h. The decision of the arbitrator cannot add to, subtract from or modify the Agreement.
i. The arbitrator will be requested to render his decision in writing as quickly as possible, but in any event, not later than thirty (30) days after the conclusion of the hearing, unless the parties mutually agree to extend the time limit. A copy of the arbitrator's decision will be furnished each party.
j. The arbitration award will be final unless either party files exceptions to the arbitrator's award with the Federal Labor Relations Authority under regulations prescribed by the LCIA Court DLA, DoD and the Authority. If no exceptions are filed within fifteen thirty (1530) calendar days after receipt of the appointment arbitrator's award, the arbitrator's award shall be final and binding on both parties.
k. The fee and expense of the second arbitrator.
(b) For the avoidance of any doubt, SNH and Perenco shall only be entitled to collectively appoint one arbitrator, and Golar and Golar Cam shall only be entitled to collectively appoint one arbitrator. If SNH or Perenco commences arbitration otherwise than jointly with the other, the arbitrator appointed by it shall be deemed to have been appointed with the agreement of the other. If Golar or Golar Cam commences arbitration otherwise than jointly with the other, the arbitrator appointed by it shall be deemed to have been appointed with the agreement of the other.
(c) In the event the claimant or the respondent shall fail to nominate an arbitrator within the time limits specified in the Rules, such arbitrator shall be appointed borne by the LCIA Court within fifteen party losing the case. The arbitration hearing shall be held during the regular daytime tour of duty during the basic workweek (15) days of such failureMonday-Friday). In the event that both the claimant Union participants and the respondent fail to nominate an arbitrator within the time limits specified grievant(s) in the Rules, all three arbitrators hearing shall be appointed on official time during any formal arbitration proceedings if they are DCSC employees.
1. Disputes over whether a matter is subject to the negotiated grievance procedure shall be the initial issue considered by the LCIA Court within fifteen (15) days of such failure who shall designate one of them arbitrator as chairman.
(d) If both parties so agree, there shall be a sole arbitrator appointed by the LCIA Court within fifteen (15) days of such agreement.
(e) The seat of arbitration shall be Geneva, Switzerland, and the language threshold issue prior to consideration of the arbitration shall be Englishgrievance submitted for arbitration.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedure for Arbitration. 8.1 The arbitration shall take place at the dates and times to be set by in consultation with the parties (and their counsel, if applicable).
8.2 The procedure for the arbitration shall be determined by in consultation with the parties (and their counsel, if applicable). will require the parties and counsel to comply with the Standard Arbitration Procedures set out at the end of this Agreement along with any other procedures she may deem appropriate.
8.3 If a hearing is conducted, it may be conducted in person, electronically, by telephone, by teleconference, by written submissions or by any other procedure which shall be determined by in consultation with the parties (and their counsel, if applicable).
8.4 may determine a timetable for the delivery of briefs, financial disclosure and other documents.
8.5 may deliver notices, awards or other communications to the parties via ordinary mail, fax or e-mail.
8.6 If a hearing is held and unless the parties agree otherwise:
(a) All witnesses shall be sworn under oath or affirmed and shall be subject to cross-examination and re-examination, except that as she may direct; and
(b) All usual rules for the admissibility of evidence in court proceedings shall apply as amended by the Arbitration Act, the Family Law Rules and the Rules of Civil Procedure, where applicable.
8.7 The parties agree: (Select one) (a) There shall be a reporter, the cost of which shall be initially shared equally between the parties; or (b) There shall not be a reporter
8.8 may convene a pre-arbitration conference to determine:
(a) The arbitral tribunal shall consist of three (3) arbitrators. The claimant shall nominate one arbitrator; the respondent shall nominate the second arbitrator; and a third arbitrator, who shall serve as chairman, shall be appointed by the LCIA Court within fifteen (15) days of the appointment of the second arbitrator.issues for arbitration;
(b) For The documents to be provided prior to the avoidance of any doubt, SNH and Perenco shall only be entitled to collectively appoint one arbitrator, and Golar and Golar Cam shall only be entitled to collectively appoint one arbitrator. If SNH or Perenco commences arbitration otherwise than jointly with the other, the arbitrator appointed by it shall be deemed to have been appointed with the agreement commencement of the other. If Golar or Golar Cam commences arbitration otherwise than jointly with the other, the arbitrator appointed by it shall be deemed to have been appointed with the agreement of the other.arbitration;
(c) In the event the claimant or the respondent shall fail to nominate an arbitrator within the time limits specified in the Rules, such arbitrator shall be appointed by the LCIA Court within fifteen (15) days The order of such failure. In the event that both the claimant and the respondent fail to nominate an arbitrator within the time limits specified in the Rules, all three arbitrators shall be appointed by the LCIA Court within fifteen (15) days presentation of such failure who shall designate one of them as chairman.evidence;
(d) If both parties so agreeThe names, there shall addresses and telephone numbers of witnesses to be called and a sole arbitrator appointed by the LCIA Court within fifteen (15) days synopsis of such agreement.their evidence;
(e) The seat A timetable for pre-arbitration events, including the exchange of arbitration shall be Genevaexpert reports, Switzerlandthe delivery of opening statements, the exchange of document briefs and the language questioning, if required;
(f) Estimates of the arbitration shall be Englishtime required for the arbitration;
(g) Any physical arrangements necessary for the attendance of parties or witnesses; and
(h) Any issues arising out of the results of the screening.
Appears in 1 contract
Samples: Secondary Arbitration Agreement
