Provisions for Arbitration Clause Samples
The Provisions for Arbitration clause establishes that any disputes arising under the agreement will be resolved through arbitration rather than through court litigation. Typically, this clause outlines the process for initiating arbitration, specifies the governing rules (such as those of the American Arbitration Association), and may designate the location and number of arbitrators involved. By mandating arbitration, the clause aims to provide a private, often faster and less formal method of dispute resolution, thereby reducing litigation costs and ensuring confidentiality for the parties involved.
Provisions for Arbitration. Every grievance submitted to an arbitrator for decision shall be subject to the following terms and conditions:
1. Either the Employer or the Union, or both, shall notify the arbitrator of selection and upon acceptance shall forward to the arbitrator a copy of the grievance, the Employer’s response at Step Three, the Union notice of intent to arbitrate and a copy of the Agreement. A copy of this communication, except a copy of the Agreement, shall be sent to either the Employer or the Union, as the case may be. If the arbitrator does not accept selection, the selection process shall be repeated until an arbitrator has accepted selection.
2. Upon receipt of this communication, the arbitrator shall fix the time for hearing the issue or issues submit- ▇▇▇ for decision. The hearing shall be held on the relevant campus (▇▇▇ Arbor, Flint, or Dearborn) unless otherwise agreed by both the Union and the Employer. Grievances that are University-wide in nature will ordinarily be heard in ▇▇▇ Arbor.
3. At the time of the arbitration hearing, both the Employer and the Union shall have the right to examine and cross-examine witnesses.
4. Upon request of either the Employer or the Union, or both, a transcript of the hearing shall be made and furnished to the arbitrator. The Employer and the Union shall have an opportunity to purchase their own copy. The party requesting the transcript shall bear the full cost of the arbitrator’s copy, unless it is mutually re- quested. In such a case, the cost shall be shared equally.
5. At the close of the hearing, the arbitrator shall afford the Employer and the Union a reasonable opportunity to furnish briefs if either party requests this opportunity.
6. The jurisdictional authority of the arbitrator is defined as, and limited to, the determination of any grievance as defined in Section A., submitted to them consistent with this Agreement, and considered by them in accordance with this Agreement.
7. The arbitrator shall not have any authority to add to, subtract from, or otherwise modify any of the terms, clauses, or provisions of this Agreement.
8. The arbitrator shall not have any authority to substitute their judgment regarding any academic judgment made by the Employer. However, the arbitrator can rule on the impact of such academic judgments to the extent that the effects may violate the Employer’s obligations under this Agreement.
9. The Employer and the Union shall share the fees and expenses of the arbitrator equally.
10. The ...
Provisions for Arbitration. The Parties hereto agree that any dispute shall be arbitrated under the International Arbitration of Moscow, Russia.
Provisions for Arbitration. 1. The arbitration proceedings shall be conducted under the rules of the American Arbitration Association.
2. The fee for the services of the Arbitrator and expenses of the arbitration shall be borne equally by the Association and the District.
3. The Arbitrator shall have no power or authority to add to, subtract from, modify, change, or alter any provisions of this Agreement. Any monetary remedy for a Grievant shall not include any time period earlier than ten (10) working days before the date that the Grievance was filed.
4. The decision of the Arbitrator shall be final and binding on both parties.
Provisions for Arbitration. 1. The arbitration proceeding shall be conducted under the rules of the American Arbitration Association.
2. The Arbitrator shall have no power or authority to add to, subtract from, modify, change, or alter any provision of this Agreement.