Procedures for Arbitration Sample Clauses
Procedures for Arbitration. (a) At any time following the 30 business day period set forth in Section 12.02(b), any Party involved in the dispute, controversy or claim (regardless of whether such Party delivered the Escalation Notice) may, unless the Applicable Deadline has passed, make a written demand (the “Arbitration Demand Notice”) that the dispute be resolved by binding arbitration, which Arbitration Demand Notice shall be given to the Parties to the dispute, controversy or claim in the manner set forth in Section 14.09. If any Party shall deliver an Arbitration Demand Notice to another Party, such other Party may itself deliver an Arbitration Demand Notice to such first Party with respect to any related dispute, controversy or claim with respect to which the Applicable Deadline has not passed without the requirement of delivering an Escalation Notice. No Party may assert that the failure to resolve any matter during any discussions or negotiations, the course of conduct during the discussions or negotiations or the failure to agree on a mutually acceptable time, agenda, location or procedures for the meeting, in each case, as contemplated by Section 12.02, is a prerequisite to a demand for arbitration under this Section 12.03. If either Party delivers an Arbitration Demand Notice with respect to any dispute, controversy or claim that is the subject of any then pending arbitration proceeding or of a previously delivered Arbitration Demand Notice, all such disputes, controversies and claims shall be resolved in the arbitration proceeding for which an Arbitration Demand Notice was first delivered unless the arbitrator in his or her sole discretion determines that it is impracticable or otherwise inadvisable to do so.
(b) Except as may be expressly provided in any Transaction Agreement, any Arbitration Demand Notice may be given until two years after the later of (i) the occurrence of the act or event giving rise to the underlying claim (it being understood that in the case of a Third-Party Claim, such date shall be the date of assertion of the Third-Party Claim rather than the act or event underlying the Third-Party Claim) and (ii) the date on which such act or event was, or should have been, in the exercise of reasonable due diligence, discovered by the Party asserting the claim (as applicable and as it may in a particular case be specifically extended by the Parties in writing, the “Applicable Deadline”). Any discussions, negotiations or mediations between the Parties pursuant ...
Procedures for Arbitration. This arbitration provision
Procedures for Arbitration. Following the Board’s receipt of the demand for arbitration, the Board and the Grievant shall, within fifteen (15) workdays, petition the State for an independent Arbitrator in accordance with Section 4013 (c) of Title 14 of the Delaware Code. The petition shall state in reasonable detail the nature of the Grievance, the remedy requested, and the provisions of the Agreement which the Grievant claims to have been misinterpreted, misapplied, or violated. The Association’s attorney shall represent the Grievant at the arbitration level.
Procedures for Arbitration. This arbitration provision is governed by the Federal Arbitration Act. Arbitrations shall be administered by the American Arbitration Association (“AAA”) pursuant to its Commercial Arbitration Rules
Procedures for Arbitration. This Agreement to arbitrate at Owner’s sole option enforceable. Unless otherwise mutually agreed upon by the parties, the arbitration hear ifically held in Greensboro, North Carolina. If Owner requests arbitration, it shall file notice of the demand for arbitration in writing with the Engineer and with the American Arbitration Association. In no event shall the demand for arbitration be made after the date when institution of an action at law or in equity based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. The expenses of arbitration shall be paid as provided in the arbitration award. The arbitration shall be conducted in Guilford County, North Carolina, and the award rendered at such arbitration may be enforced in the first instance in accordance with applicable law of North Carolina.
Procedures for Arbitration. (a) If the dispute, controversy, or claim is not resolved through mediation required by Section 15.2(b), any Party involved in the dispute, --------------- controversy or claim (regardless of whether such Party delivered the Escalation Notice) may, unless the Applicable Deadline (as hereinafter defined) has occurred, make a written demand (the "Arbitration Demand Notice") that the ------------------------- dispute be resolved by binding arbitration, which Arbitration Demand Notice shall be given to the Parties to the dispute, controversy or claim in the manner set forth in Section 16.
1. In the event that any Party shall deliver an ------------ Arbitration Demand Notice to another Party, such other Party may itself deliver an Arbitration Demand Notice to such first Party with respect to any related dispute, controversy or claim with respect to which the Applicable Deadline has not passed without having to satisfy the Section 15.2
Procedures for Arbitration. Should the Union desire that an unresolved discipline be submitted to arbitration, notice of the demand for arbitration together with a copy of the grievance, shall be sent by registered or certified mail to the Commissioner of Personnel for Xxxxxxxx County, the Sheriff and the Public Employment Relations Board (PERB), who shall select the arbitrator according to its procedures. If post-hearing briefs are required by the arbitrator or requested by the County or Union said briefs are to be received by the arbitrator within twenty-five (25) calendar days of the close of the oral arguments, at which time the hearing will be deemed closed. If no briefs are required or requested the hearing will be deemed closed at the conclusion of oral arguments. The arbitrator shall have thirty (30) calendar days to render a decision which shall be final and binding upon all parties to the arbitration. Copies of the Decision and Award shall be mailed to the parties' representatives. The arbitrator and the parties to the arbitration shall be bound by the Voluntary Rules and procedures of the American Arbitration Association. The parties, by mutual agreement, may provide for a stenographic record. In such case the transcript shall serve as the official transcript of the hearing. The costs shall be borne equally between the County and the Union. The cost of the arbitration shall be borne equally between the County and the Union. Each party shall bear their own witness and exhibit fees. The employee may, at his/her expense have his/her own representative present at the arbitration. The Union must be present at any meetings held outside the arbitration hearing that take place between the County and/or Sheriff and employee's representative. By mutual agreement the Union and the County can extend any time frame contained herein.
Procedures for Arbitration. SECTION 1
Procedures for Arbitration. The right and duty of the parties to this Agreement to resolve any disputes by arbitration shall be governed exclusively by the Federal Arbitration Act, as amended, and arbitration shall take place according to the commercial arbitration rules of the American Arbitration Association in effect as of the date the demand for arbitration is filed. The arbitration shall be held at the office of the American Arbitration Association nearest the Snap-on Regional Sales Office to which Franchisee was assigned most recently prior to the demand for arbitration; provided, however, if such office is outside the state in which the Franchisee resides, Franchisee may cause the arbitration to be held within the Franchisee’s state of residence at a place mutually convenient to the parties and the arbitrator. The arbitration shall proceed before a single arbitrator. The arbitrator shall be chosen by the striking method from a panel of neutral arbitrators provided by the American Arbitration Association. If the amount claimed by the party filing for arbitration both in the original demand for arbitration and in any amendment is less than Seventy-five Thousand Dollars ($75,000.00), Snap-on Credit shall pay the fees and expenses of the arbitrator and shall also pay the filing fees and costs charged by the American Arbitration Association up to a maximum of Seven Thousand Five Hundred Dollars ($7,500.00). Any amount in excess of Seven Thousand Five Hundred Dollars ($7,500.00) will be split equally by the parties. If the amount of the claim filed either in the original demand for arbitration or by amendment is for Seventy-five Thousand Dollars ($75,000.00) or more, the parties agree to split equally the fees and expenses of the arbitrator and the filing fees and costs charged by the American Arbitration Association. Unless otherwise agreed by the parties or ordered by the arbitrator, pre-hearing discovery in any arbitration is limited to the following: (1) production of all documents that will be introduced at the hearing; (2) production of written or recorded statements; (3) production of all documents relied upon by experts in the hearing; (4) production by Franchisee of tax returns filed by Franchisee for the last three (3) tax years; and (5) not more than two depositions per side.
Procedures for Arbitration. Arbitration under this Section shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association or such other rules as the involved Parties mutually agree. Three arbitrators shall preside and shall be selected by the involved Parties in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall take place at a location agreed upon by the involved Parties or, in the absence of such agreement, determined in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator(s) shall render a decision within forty-five (45) days after the conclusion of the arbitration.