Referee. Any dispute between the parties to this Agreement while it is in force and arising out of its operation shall be referred to the President of the Industrial Arbitration Court who shall have the discretion to select a referee appointed in accordance with the provisions of the Industrial Relations Act to determine the dispute.
Referee. In the event of any dispute or disputes arising out of the operation of this Agreement, the dispute or disputes shall be referred by either party to the President of the Industrial Arbitration Court who may select a referee appointed under section 43 of the Industrial Relations Act to hear and determine such dispute or disputes.
Referee. Before proceeding to arbitration of the Dispute, the parties shall obtain a recommendation on the Dispute from a Referee. The Referee's review will not be required as a prerequisite to arbitration where the matter in dispute has been previously considered by the Project Adjudicator appointed under Schedule 5 (Design and Plan Certification Process and Review Procedure) or if the parties agree to waive the Referee’s review. The Referee will participate in the Dispute as follows:
(a) the Referee will conduct a review of the Dispute in the manner the Referee decides is most suitable, including on-site inspections and discussions with any persons. The parties will comply with all reasonable requests from the Referee for additional information and documents which the Referee considers necessary for the review. Any information given to the Referee by a party will be given to the other party. All information disclosed in accordance with this section shall be "Confidential Information" for purposes of the DBFO Agreement;
(b) the Referee may, with the written approval of the parties, retain others to assist with the review;
(c) the Referee will deliver to the parties a brief written recommendation on the Dispute within 10 Business Days of referral to the Referee or such longer period as agreed to in writing by both parties;
(d) a recommendation of a Referee is not binding on the parties, and a Referee's review will be sought only for the purpose of assisting the parties to reach agreement with respect to the Dispute;
(e) a Referee who has rendered a recommendation on a Dispute may not be retained by either party and may not be called by either party to give evidence with respect to the Dispute in any subsequent arbitration or court proceeding to resolve the Dispute, nor will either party refer to or enter into evidence the recommendation of the Referee in such proceeding, unless required by applicable law or by a court of competent jurisdiction; and
(f) the Province and the Contractor will agree to release and indemnify the Referee in respect of certain claims provided the Referee has acted in good faith and in accordance with the agreement among the parties.
Referee. In the event of a dispute arising out of the operation of this Agreement, the matter shall be referred by either party to the President of the Industrial Arbitration Court of Singapore who may select a referee appointed under section 43 of the Industrial Relations Act to hear and determine such dispute.
Referee. If the PURCHASER disputes any decision of or matter certified by the SELLER'S Principal Agent in terms of this agreement, such dispute shall be determined by a referee who shall be an architect agreed upon between the Parties and, failing agreement, nominated by the Institute of South African Architects. The said Referee shall act as an expert and not as an arbitrator and shall accordingly not be bound by any rules of court or arbitrators. The said Referee shall be entitled to determine whether, how, where and when submissions are to be made to him, it being the intention of the Parties that any such dispute shall be determined at the minimum costs and with the minimum delay possible in the circumstances. Any decision of the said Referee, including any decisions as to costs, will be final and binding upon the Parties and shall not be open to dispute by either of them.
Referee. (A) The referee (who is to have substantial recent experience of the valuation and letting of property such as the demised premises and in their vicinity) may be agreed on by the Landlord and the Tenant or if not agreed on by them within four weeks from the nomination in writing of a referee by one party to the other is to be appointed on the application of either party by the President for the time being of the Royal Institution of Chartered Surveyors.
(B) If the referee relinquishes his appointment or dies or if it becomes apparent that he will be unable or unwilling to complete his duties the Landlord and the Tenant may agree a substitute in his place or either of them may apply to the President to appoint a substitute which procedure may be repeated as many times as necessary.
(C) If the President is unable or unwilling to make an appointment at the time of application the appointment may be made by the Vice-President or next senior officer of the Royal Institution of Chartered Surveyors then able and willing to make it or if no such officer is available by such officer of such professional body of similar standing and reputation as the Royal Institution of Chartered Surveyors as the Landlord properly designates.
(D) The referee shall afford the Landlord and the Tenant the opportunity to make representations subject to such reasonable time and other limits as he may prescribe and he shall have regard to any such representations but not be bound by them.
(E) The referee shall give reasons for his award and may provide for the manner in which the costs of the determination are to be borne and for the payment of costs by one party to the other.
(F) If either the Landlord or the Tenant fails to pay the fees and expenses of the referee payable by it within seven days of demand the other party may pay them and the amount so paid shall be repaid by the party chargeable on demand.
Referee. Comments
a) By August 31, upon the receipt of a declaration of the intention to apply for tenure and/or promotion, the Xxxx shall develop a list of referees and ascertain their willingness to take on this role. The Xxxx retains the authority to select the referees, but must include at least one of the referees proposed by the applicant. The Xxxx must ensure that the referees are at arms’ length from the candidate. • For those applications in the professorial stream: referees shall include at least three academics from outside the University who shall be invited to assess the quality and progress of the applicant’s research and scholarly work and service to the profession/discipline. • For those applicants in the instructor stream: referees shall include at least three academics internal (but external to the Department) or external to the University who shall be invited to assess the quality and progress of the applicant’s teaching and pedagogical activities. At least one of the referees shall be from outside the applicant's Faculty. • For those applicants in the librarian, archivist, curator, and counsellor ranks, or other administrative or professional academic ranks: referees shall include at least three academics or professionals, as appropriate for the nature of the position, to assess the quality and progress of the applicant's professional activity, scholarly work and service to the profession/discipline or equivalent.
b) Once the applicants’ materials are received, the Xxxx shall send the materials to the referees who have indicated a willingness to serve as a referee to obtain signed, written advice from these experts within the discipline or field of study. The Xxxx shall do so using the template agreed to by the Xxxxxxx and Vice-President (Academic)’s Office and the Faculty Association.
c) If, after receiving the letters from the referees, the Xxxx believes that one or more of the referee letters is inappropriate or is not sufficiently at arm's length, and should not be considered as part of the process, the Xxxx may request permission to have the referee letter purged from the process. Upon receipt of such a request, the Xxxxxxx and Vice-President (Academic) and the Faculty Association shall decide on a course of action. If there is no agreement between the Xxxxxxx and the Association, the letter shall be considered with the Xxxx’x concerns noted.
d) By October 22, the Xxxx shall supply the referee letters to the Head who will use them when writ...
Referee. The official who has been assigned to the match by the Lead Assignor or other Assignor. If a multiple-official crew has been assigned to the match, this Referee is the center official.
Referee. The referee shall be a retired judge (with JAMS) with experience in relevant real estate matters. The referee shall not have any relationship to the parties to the Dispute or interest in the Property. The parties to the Dispute participating in the judicial reference shall meet to select the referee within ten (10) days after the Commencement Date. Any dispute regarding the selection of the referee shall be promptly resolved by the judge to whom the matter is assigned, or if there is none, to the presiding judge of the Superior Court of Riverside County who shall select the referee.
Referee. At the request of a Party, any matter otherwise subject to arbitration under this Agreement shall instead be referred for resolution to a single referee to be appointed by the Secretary-General of the Centre, or of any successor entity as stipulated in Section 24.10 below, except for any dispute arising out of or related to Sections 2, 3, 4, 5, 5.3, 6, 7.2, 8, 9, 10.2, 10.3, 10.4, 15.3, 15.4, 15.6, 15.7, 15.8, 15.10, 20, 22, 24 or 26 of this Agreement, which must be referred to arbitrators appointed under Section 24.3 above unless the Parties jointly agree that any such dispute is not material, in which event it may be referred to the referee for decision at the option of either party. The referee shall act qua expert determiner and not as arbitrator. The decision of the referee shall be rendered pursuant to Section 24.9 of this Agreement (except as regards the requirement for a decision by majority vote) and shall be final and binding unless appealed by any Party to arbitrators appointed as provided in this Section 24.4 who shall examine the referee’s decision only as to manifest disregard of law, findings of fact that are not supported by any credible evidence, and abuse of authority, misconduct or other unauthorized act by the referee.
