Procedure for Proceeding to Arbitration Sample Clauses

Procedure for Proceeding to Arbitration. When either party requests that a grievance be submitted to arbitration, the request shall be made within ten (10) days from the date of the reply of the member of the Management Committee or his/her nominee(s) in the second step of the grievance procedure. Such a request shall be made by mail, addressed to the other party of the agreement, indicating the name and address of its nominee to the arbitration board. Within ten
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Procedure for Proceeding to Arbitration. When either party requests that a grievance be submitted to arbitration, the request shall be made within ten (10) days from the date of the reply of the Administrator in the Second Step of the grievance procedure. Such a request shall be addressed to the other party of the agreement, indicating the name and address of its nominee to the arbitration board. Within ten (10) days thereafter the other party shall respond indicating the name and address of its nominee. If no written request for arbitration is received within the time limit specified above, the grievance in question shall be deemed to have been dropped by the party initiating the arbitration proceedings and, therefore, cannot be processed to arbitration.
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Procedure for Proceeding to Arbitration a) When either party requests that a grievance be submitted to arbitration, the request shall be made within twenty-eight (28) calendar days, from the date of the reply by the Co-ordinator, Human Resources in the second step of the grievance procedure. Such a request be made by registered mail or by courier addressed to the other party of the agreement, indicating the name and address of its nominee to the arbitration board. Within twenty-eight (28) calendar days thereafter the other party shall answer by registered mail or by courier indicating the name and address of its nominee. If no written request for arbitration is post marked within the time limit specified above, the grievance in question shall be deemed to have been dropped by the party initiating the arbitration proceedings and, therefore, cannot be processed to arbitration. By mutual consent, the parties may enter into a mediation process to attempt to resolve the grievance.
Sample 1
Procedure for Proceeding to Arbitration. When either party requests that a grievance be submitted to arbitration, the request shall be made within ten (10) days from the date of the reply of the member of the Management Committee or his/her nominee(s) in the second step of the grievance procedure. Such a request shall be made by registered mail, addressed to the other party of the agreement, indicating the name and address of its nominee to the arbitration board or proposing the names of sole arbitrators to hear the grievance. Within ten (10) days thereafter, the other party shall answer by mail indicating the name and address of its nominee. If no written request for arbitration is received within the time limit specified above, the grievance in question shall be deemed to have been dropped by the party initiating the arbitration proceedings and, therefore, cannot be processed to arbitration.
Sample 1
Procedure for Proceeding to Arbitration. When either party requests that a grievance be submitted to arbitration, the request shall be made within twenty-eight (28) calendar days, from the date of the reply by the Co-ordinator, Human Resources in the second step of the grievance procedure. Such a request shall be made by registered mail addressed to the other party of the agreement, indicating the name and address of its nominee to the arbitration board. Within twenty-eight (28) calendar days thereafter the other party shall answer by registered mail indicating the name and address of its nominee. If no written request for arbitration is post marked within the time limit specified above, the grievance in question shall be deemed to have been dropped by the party initiating the arbitration proceedings and, therefore, cannot be processed to arbitration. The clarity note in Article 6.07 also applies to Article 7.01.
Sample 1

Related to Procedure for Proceeding to Arbitration

  • Submission to Arbitration The Respondent Party may agree to the Claimant Party’s proposal of arbitration by responding in writing within ten (10) Business Days following receipt of such proposal. Within five (5) Business Days following receipt of the Respondent Party’s agreement to arbitrate, the Claimant Party may submit the Dispute Item to the American Arbitration Association (“AAA”) for arbitration. No Dispute Item may be submitted for arbitration without the consent of both parties.

  • Dispute Resolution and Arbitration The following procedures shall be used in the resolution of disputes:

  • Governing Law; Dispute Resolution (a) This Limited Guarantee shall be interpreted, construed and governed by and in accordance with the Laws of the State of New York without regard to the conflicts of law principles thereof that would subject such matter to the Laws of another jurisdiction other than the State of New York. (b) Any disputes, actions and proceedings against any party or arising out of or in any way relating to this Limited Guarantee shall be submitted to the Hong Kong International Arbitration Centre (the “HKIAC”) and resolved in accordance with the Arbitration Rules of HKIAC in force at the relevant time (the “Rules”) and as may be amended by this Section 10(b). The place of arbitration shall be Hong Kong. The official language of the arbitration shall be English and the arbitration tribunal shall consist of three arbitrators (each, an “Arbitrator”). The claimant(s), irrespective of number, shall nominate jointly one Arbitrator; the respondent(s), irrespective of number, shall nominate jointly one Arbitrator; and a third Arbitrator will be nominated jointly by the first two Arbitrators and shall serve as chairman of the arbitration tribunal. In the event the claimant(s) or respondent(s) or the first two Arbitrators shall fail to nominate or agree on the joint nomination of an Arbitrator or the third Arbitrator within the time limits specified by the Rules, such Arbitrator shall be appointed promptly by the HKIAC. The arbitration tribunal shall have no authority to award punitive or other punitive-type damages. The award of the arbitration tribunal shall be final and binding upon the disputing parties. Any party to an award may apply to any court of competent jurisdiction for enforcement of such award and, for purposes of the enforcement of such award, the parties irrevocably and unconditionally submit to the jurisdiction of any court of competent jurisdiction and waive any defenses to such enforcement based on lack of personal jurisdiction or inconvenient forum. (c) Notwithstanding the foregoing, the parties hereto consent to and agree that in addition to any recourse to arbitration as set out in Section 10(b), any party may, to the extent permitted under the Laws of the jurisdiction where application is made, seek an interim injunction from a court or other authority with competent jurisdiction and, notwithstanding that this Agreement is governed by the Laws of the State of New York, a court or authority hearing an application for injunctive relief may apply the procedural Law of the jurisdiction where the court or other authority is located in determining whether to grant the interim injunction. For the avoidance of doubt, this Section 10(c) is only applicable to the seeking of interim injunctions and does not restrict the application of Section 10(b) in any way.

  • Referral to Arbitration Such notification shall specify the party’s choice of whether it wishes to utilize the regular arbitration procedure or the expedited arbitration procedure, as provided for within this Article. In the event that a grievance is submitted to the regular arbitration process, it shall be heard by a single arbitrator, unless either party requests that it be heard by a three-member arbitration board.

  • GRIEVANCE AND ARBITRATION PROCEDURE 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.

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