Referral to Arbitrator Sample Clauses

Referral to Arbitrator. If the response is not acceptable to the complainant or respondent, the Union may refer the matter, in writing, to an arbitrator, pursuant to Clause 9.2 (Assignment of a Single Arbitrator) within 30 days of receipt of the Employer’s response. The Arbitrator will review the complaint and the Employer’s response. The Arbitrator may make a decision based on these documents and, if they determine that there is no basis for a complaint or if there are insufficient particulars, may dismiss the complaint. Where the Arbitrator determines there is sufficient reason to conduct a mediation/arbitration hearing, the Arbitrator shall hear and determine any dispute between the parties over the interpretation, application, or alleged violation of this clause. Hearings shall be conducted in an expedited, non-precedential basis so as to give those involved a fair hearing. The Arbitrator may admit any evidence deemed necessary or appropriate. The Arbitrator will determine their own process and may:
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Referral to Arbitrator. Either the Coalition or LAWA may request that an arbitrator make a finding on any issue for which a Special Arbitrator is referenced in this Agreement.
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Referral to Arbitrator. Should the Company and the Bargaining Committee fail to reach agreement on any grievance concerning an alleged violation of the Agreement, or concerning a difference between the parties concerning the meaning or application of the Agreement, or concerning disciplinary action taken against an employee, the matter shall forthwith be referred to Arbitration for final settlement. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance except with the mutual consent of the Company and the Union.
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Referral to Arbitrator. When either party requests that a grievance be submitted to arbitration, the request shall be made in writing, addressed to the other party to the Agreement. Within five (5) working days thereafter, the requesting party shall refer the grievance to an Arbitrator chosen in rotation from the following panel: Xxxxx Xxxxx Xxxx Xxxxx Xxxxxxx Xxxxxx
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Referral to Arbitrator. If a grievance is not resolved satisfactorily, it may be referred to a single arbitrator, who will be selected by mutual agreement between CUPE Local 1004 and the Employer.
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Referral to Arbitrator. During the first twenty (20) days following the date upon which Parent receives a Notice of Closing Payment Adjustment Disagreement, Notice of Quarterly Revenue Disagreement or Notice of 0000 Xxxx-Xxx Disagreement, as applicable, in a timely manner, the Stockholders’ Agent and Parent shall attempt in good faith to resolve the differences that they may have with respect to the matters set forth in the applicable Notice. If at the end of such twenty (20) day period Parent and the Stockholders’ Agent have not reached agreement on such matters, the matters that remain in dispute may be submitted to Xxxxx Xxxxxxxx, LLP, Xxxxx Xxxxx Xxxxxxx Xxxxxx, LLP, McGladrey LLP or BDO USA, LLP as long as, at such time, such firm and its Affiliates have not provided any services to Ultimate Parent, Parent, Surviving Corporation or any of their Affiliates since January 1, 2010 (the “Approved Arbitrators”) (as mutually agreed upon in good faith by Parent and the Stockholders’ Agent) for review and resolution, and if the Approved Arbitrator to which the matters that remain in dispute is unable to serve in such capacity, Parent and the Stockholders’ Agent, in good faith, shall mutually agree upon an independent public accounting firm to serve in such capacity; provided further that in the event that Parent and the Stockholders’ Agent are unable to mutually agree upon an Approved Arbitrator within ten (10) days after the end of such twenty (20) day period or an independent public accounting firm within ten (10) days after the date that either party discovers that an Approved Arbitrator is unable to serve in such capacity, Parent and the Stockholders’ Agent shall each select an independent public accounting firm that is not an Approved Arbitrator within five (5) days thereafter and the two independent public accounting firms shall mutually agree upon a final independent public accounting firm that is not an Approved Arbitrator within ten (10) days after being selected (the final independent public accounting firm shall be referred to herein as the “Arbitrator”).
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Referral to Arbitrator. ‌ If a grievance is not resolved satisfactorily, it may be referred to a single arbitrator, who will be selected on a rotating basis from the following list: • Xxxxxx Xxxxxx • Xxxx Xxxxx • Xxxxx Xxxxxx • Xxxxx Xxxxxxxx • Xxxx Xxxxxx • Xxxxxxx Xxxx
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Referral to Arbitrator. The dispute will be referred to a sole arbitrator if the parties agree upon one, and if not then the dispute will be referred to an arbitrator appointed by the then President or Vice President of the Wellington District Law Society.
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Referral to Arbitrator. If the response is not acceptable to the complainant or respondent, the Union may refer the matter, in writing, to an arbitrator within 30 days of receipt of the Employer’s response. The parties will mutually agree to the appointment of an arbitrator. The Arbitrator will review the complaint and the Employer’s response, if available. The Arbitrator may make a decision based on these documents and, if they determine that there is no basis for a complaint or if there are insufficient particulars, may dismiss the complaint.
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Related to Referral to Arbitrator

  • Agreement to Arbitrate It is understood that any dispute as to medical malpractice, that is as to whether any medical services rendered under this contract were unnecessary or unauthorized or were improperly, negligently, or incompetently rendered, will be determined by submission to arbitration as provided by California law, and nor by a lawsuit or resort to court process except as California law provides for judicial review of arbitration proceedings. Both parties to this contract, by entering it, are giving up their constitutional rights to have any such dispute decided in court of law before a jury, and instead are accepting the rules of arbitration.

  • Expedited Arbitration (a) The Parties may by mutual agreement refer to expedited arbitration any outstanding grievances considered suitable for this process, and shall set dates and locations for hearings of groups of grievances considered suitable for expedited arbitration.

  • No Arbitration Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York.

  • Binding Arbitration If the mediation reaches no solution or the parties agree to forego mediation, the parties will promptly submit their disputes to binding arbitration before one or more arbitrators (collectively or singly, the "ARBITRATOR") the parties agree to select (or whom, absent agreement, a court of competent jurisdiction selects). The arbitration must follow applicable law related to arbitration proceedings and, where appropriate, the Commercial Arbitration Rules of the American Arbitration Association. ARBITRATION PRINCIPLES All statutes of limitations and substantive laws applicable to a court proceeding will apply to this proceeding. The Arbitrator will have the power to grant relief in equity as well as at law, to issue subpoenas duces tecum, to question witnesses, to consider affidavits (provided there is a fair opportunity to rebut the affidavits), to require briefs and written summaries of the material evidence, and to relax the rules of evidence and procedure, provided that the Arbitrator must not admit evidence it does not consider reliable. The Arbitrator will not have the authority to add to, detract from, or modify any provision of this Agreement. The parties agree (and the Arbitrator must agree) that all proceedings and decisions of the Arbitrator will be maintained in confidence, to the extent legally permissible, and not be made public by any party or the Arbitrator without the prior written consent of all parties to the arbitration, except as the law may otherwise require. DISCOVERY; EVIDENCE; PRESUMPTIONS The parties have selected arbitration to expedite the resolution of disputes and to reduce the costs and burdens associated with litigation. The parties agree that the Arbitrator should take these concerns into account when determining whether to authorize discovery and, if so, the scope of permissible discovery and other hearing and pre-hearing procedures. The Arbitrator may permit reasonable discovery rights in preparation for the arbitration, provided that it should accelerate the scheduling of and responses to such discovery so as not to unreasonably delay the arbitration. Exhibits must be marked and left with the Arbitrator until it has rendered a decision. Either party may elect, at its expense, to record the proceedings by audiotape or stenographic recorder (but not by video). The Arbitrator may conclude that the applicable law of any foreign jurisdiction would be identical to that of Texas on the pertinent issue(s), absent a party's providing the Arbitrator with relevant authorities (and copying the opposing party) at least five business days before the arbitration hearing. NATURE OF AWARD The Arbitrator must render its award, to the extent feasible, within 30 days after the close of the hearing. The award must set forth the material findings of fact and legal conclusions supporting the award. The parties agree that it will be final, binding, and enforceable by any court of competent jurisdiction. Where necessary or appropriate to effectuate relief, the Arbitrator may issue equitable orders as part of or ancillary to the award. The Arbitrator must equitably allocate the costs and fees of the proceeding and may consider in doing so the relative fault of the parties. The Arbitrator may award reasonable attorneys' fees to the prevailing party to the extent a court could have made such an award.

  • Mediation and Arbitration Any controversy, dispute or claim arising out of or relating to this Agreement or the performance, enforcement, breach, termination or validity thereof, including the determination of the scope of this Agreement to arbitrate, shall first be submitted to non-binding mediation and shall thereafter be determined by final binding arbitration, and not litigation, the agreed venue for mediation and arbitration being in Houston, Texas. The mediation process shall be administered by a mutually acceptable mediator selected in accordance with the Commercial Mediation Rules of the American Arbitration Association (“AAA”). If any dispute remains unresolved between the parties after the mediation process has been completed, either party may then submit any such unresolved dispute to final and binding arbitration pursuant to the Commercial Arbitration rules of AAA, with all matters related to the enforceability of this arbitration agreement and any award rendered pursuant to this agreement to be governed by the Federal Arbitration Act, 9 U.S.C. Section 1-16. The Arbitration Tribunal shall be formed of three (3) arbitrators each of which shall have at least five (5) years’ experience in hotel operation, management, ownership or leasing, one (1) to be appointed by each party and the third (3rd) to be appointed by the American Arbitration Association. The arbitration panel may require and facilitate such discovery as it shall determine is appropriate in the circumstances, taking into account the needs of the parties and the desirability of making discovery expeditious and cost-effective. The arbitration panel shall be empowered to subpoena non-party and party witnesses for deposition and hearing to the full extent provided under the AAA Rules and the Federal Arbitration Act (or the applicable state arbitration statute if the arbitration panel is appointed pursuant to a petition filed in state court). The arbitration panel may also direct the production of documents and other information and the advance identification of witnesses to be called and documents to be admitted. The arbitration panel may issue orders to protect the confidentiality of proprietary information, trade secrets and other sensitive information before it is required to be disclosed in discovery. In addition to monetary damages, or in lieu thereof, the arbitration panel shall have the power to grant all equitable relief (both by way of interim relief and as a part of its final award) as may be granted by any court in the state where the Hotel is located. Monetary damage liability shall be limited to actual damages; the parties hereby waive the right to claim and/or receive punitive damages or exemplary relief. The arbitration panel shall determine whether and to what extent any party is a prevailing party and shall award attorneys’ fees and expenses associated with the arbitration proceeding to the “prevailing party, if any. All proceedings shall be reported by a certified shorthand court reporter and written transcripts of the proceedings shall be prepared and made available to the parties. The fees of the arbitration panel, together with all costs and expenses incurred in conducting the arbitration (but excluding the parties’ respective attorney, witness and related costs and expenses) shall be borne by the party against whom the arbitral award is made and shall be a (the) component of the arbitral award. The arbitration shall take place in Orlando, Florida, and shall be conducted in the English language. The arbitration award shall be final and binding upon the parties hereto and subject to no appeal. Arbitration expenses shall not be an expense in determining House Profit. Judgment upon the award rendered maybe entered into any court having jurisdiction, or applications may be made to such court for an order of enforcement.

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