Common use of Regular Arbitration Clause in Contracts

Regular Arbitration. Each party shall, within five (5) days of the Union's notice of intent to arbitrate, appoint a member of said Arbitration Board and deliver written notice thereof to the other party, or otherwise forfeit its case. The two (2) members thus appointed shall forthwith proceed to select an additional member of the Board (who shall be an impartial and disinterested person); but should the two (2) members first selected fail to agree upon the other member within ten (10) days after being appointed, they shall request the American Arbitration Association to furnish a list of seven (7) members of the National Academy of Arbitration or a list of seven (7) arbitrators from the Federal Mediation and Conciliation Services, at the discretion of the party initiating arbitration, from which the third member shall be selected. Within five (5) days after receipt of such a list, the two (2) members shall determine by lot the order of elimination, and thereafter each shall in that order alternately eliminate one name until only one name remains. The remaining person on the list shall be the third member of the Arbitration Board. Any vacancy in the Arbitration Board shall be filled in like manner as the predecessor member was selected. Multiple grievances may be submitted to the same arbitrator only if they arise out of the same factual situation, involved the same contract clause or work rule, or with the consent of the parties. The Arbitration Board as thus constituted shall promptly proceed to hear the case and render a decision thereon and the decision of a majority thereof shall be final; provided, that the party appealing to the Arbitration Board shall bring the case on for hearing within ninety (90) days after the third member has been appointed, unless extended by mutual agreement, else the appeal shall be deemed abandoned and the case closed. The Arbitration Board shall make every reasonable effort to render its decision within thirty (30) days from the date of the completion of the hearing in the proceedings, or within such longer period as the parties to the proceedings may mutually agree upon in writing. All decisions of the Arbitration Board shall be in writing in triplicate, signed by at least a majority thereof, and the originals thereof shall be filed with the Authority, the employee and the Union.

Regular Arbitration. Each party shallBinding arbitration of Disputes and Controversies shall be conducted in accordance with the following procedures (“Regular Arbitration”): (a) The Party seeking arbitration hereunder shall request such arbitration in writing, which writing shall be delivered to the opposing Party and include a clear statement of the matter(s) in dispute. Except to the extent provided in this Exhibit B, Regular Arbitration shall be administered by JAMS. Within fifteen (15) Business Days after the commencement of arbitration, each Party shall select one person to act as arbitrator, and the two so selected shall select a third arbitrator within five (5) 30 days of the Union's notice of intent to arbitrate, appoint a member of said Arbitration Board and deliver written notice thereof to the other party, or otherwise forfeit its case. The two (2) members thus appointed shall forthwith proceed to select an additional member commencement of the Board (who shall be an impartial and disinterested person); but should arbitration. If the two (2) members first arbitrators selected by the Parties are unable or fail to agree upon the other member third arbitrator within ten (10) days after being appointedthe allotted time, they shall request the American Arbitration Association to furnish a list of seven (7) members of the National Academy of Arbitration or a list of seven (7) arbitrators from the Federal Mediation and Conciliation Services, at the discretion of the party initiating arbitration, from which the third member arbitrator shall be selectedappointed by JAMS in accordance with its rules. Within five (5) days after receipt of All arbitrators shall serve as neutral, independent, and impartial arbitrators. In order to facilitate any such a listappointments, the Party seeking arbitration shall submit a brief description (no longer than two (2) members shall determine by lot pages) of the order of elimination, and thereafter each shall in that order alternately eliminate one name until only one name remainsDispute or Controversy to the opposing Party. The remaining person on the list shall be the third member of the Arbitration Board. Any vacancy in the Arbitration Board shall be filled in like manner as the predecessor member was selected. Multiple grievances Party receiving a request for arbitration may be submitted offer a brief response (no more than 2 pages) to the same arbitrator only if they arise out of request. Both the same factual situation, involved the same contract clause or work rule, or with the consent of the parties. The Arbitration Board as thus constituted shall promptly proceed to hear the case and render a decision thereon request and the decision of a majority thereof shall response will be final; provided, that the party appealing furnished to the Arbitration Board shall bring the case on for hearing within ninety arbitrators. (90b) days after the third member has been appointed, unless extended by mutual agreement, else the appeal shall be deemed abandoned and the case closed. The Arbitration Board shall make every reasonable effort to render its decision within Within thirty (30) days of the date the arbitrators are appointed, the arbitrators shall notify the Parties in writing of the date of the arbitration hearing, which hearing date shall be not less than one-hundred eighty (180) days from the date of the completion arbitrators’ appointment. The arbitration hearing shall be held in Las Vegas, Nevada. Except as otherwise provided herein, the proceedings shall be conducted in accordance with the procedures of the hearing Nevada Uniform Arbitration Act, NRS §38.206 to 38.248, inclusive (the “Nevada Uniform Arbitration Act”). Depositions may be taken and other discovery may be made in accordance with the Nevada Rules of Civil Procedure, provided that (i) depositions and other discovery shall be completed within ninety (90) days of the appointment of the arbitrators and (ii) each Party shall disclose a list of all documentary evidence to be used and a list of all witnesses and experts to be called by the Party in the proceedings, or within such longer period as the parties arbitration hearing at least twenty (20) days prior to the proceedings may mutually agree upon in writingarbitration hearing. All decisions The arbitrators shall issue a final ruling within thirty (30) days after the arbitration hearing. Any decision of the Arbitration Board arbitrators shall state the basis of the award and shall include both findings of fact and conclusions of law. Any award rendered pursuant to the foregoing, which may include an award or decree of specific performance hereunder, shall be in writing in triplicate, signed by at least a majority thereoffinal and binding on, and nonappealable by, the originals Parties and judgment thereon may be entered or enforcement thereof sought by either Party in a court of competent jurisdiction if such Party does not pay or commence to perform and diligently prosecute such performance in accordance with the decision of the arbitrators within forty-five (45) days after the decision is rendered. The foregoing deadlines shall be filed tolled during the period that no arbitrator is serving until a replacement is appointed in accordance with this Exhibit B. (c) Notwithstanding the Authorityforegoing, nothing contained herein shall be deemed to give the employee and arbitrators appointed hereunder any authority, power or right to alter, change, amend, modify, waive, add to or delete from any of the Unionprovisions of the Agreement.

Regular Arbitration. Each party shallExcept for a Dispute or Controversy among the City, within five the Authority and the Owner that is required to be resolved by Fast-Track Arbitration (5defined below), binding arbitration of a Dispute or Controversy shall be conducted in accordance with the following procedures ("Regular Arbitration"): (a) days of The person seeking arbitration hereunder (the Union's notice of intent to arbitrate"Electing Party") shall request such arbitration in writing, appoint a member of said Arbitration Board and deliver written notice thereof which writing shall be delivered to the other party, or otherwise forfeit its case. The two persons to be made parties to such arbitration (2the "Other Parties to Arbitration") members thus appointed shall forthwith proceed to select an additional member and include a clear statement of the Board matter(s) in dispute. If a legal proceeding relating to the matter(s) in dispute has previously been filed in a court of competent jurisdiction (who other than a proceeding for injunctive or ancillary relief), then any request to arbitrate under this paragraph shall be an impartial and disinterested person); but should the two (2) members first selected fail to agree upon the other member within ten (10) days after being appointed, they shall request the American Arbitration Association to furnish a list of seven (7) members of the National Academy of Arbitration or a list of seven (7) arbitrators from the Federal Mediation and Conciliation Services, at the discretion of the party initiating arbitration, from which the third member shall be selected. Within five (5) days after receipt of such a list, the two (2) members shall determine by lot the order of elimination, and thereafter each shall in that order alternately eliminate one name until only one name remains. The remaining person on the list shall be the third member of the Arbitration Board. Any vacancy in the Arbitration Board shall be filled in like manner as the predecessor member was selected. Multiple grievances may be submitted to the same arbitrator only if they arise out of the same factual situation, involved the same contract clause or work rule, or with the consent of the parties. The Arbitration Board as thus constituted shall promptly proceed to hear the case and render a decision thereon and the decision of a majority thereof shall be final; provided, that the party appealing to the Arbitration Board shall bring the case on for hearing delivered within ninety (90) days after of the third member has been appointeddate that the Electing Party receives service of process in such legal proceeding. Except to the extent provided in this Exhibit A, unless extended by mutual agreement, else the appeal Regular Arbitration shall be deemed abandoned conducted in accordance with the Commercial Rules of the American Arbitration Association; if there is any conflict between such Commercial Rules and the case closedterms and provisions of this Exhibit, this Exhibit shall govern. Any arbitration hereunder shall be conducted by a single arbitrator who shall be appointed upon the mutual agreement of the Electing Party and the Other Parties to Arbitration (collectively, the "Parties to Arbitration"; individually, a "Party to Arbitration") within twenty (20) days of the date the written request for arbitration by the Electing Party was delivered to the Other Parties to Arbitration. In order to facilitate any such appointment, the Electing Party shall submit a brief description (no longer than two (2) pages) of the Dispute or Controversy to the Other Parties to Arbitration. In the event the Parties to Arbitration are unable to agree on a single arbitrator within the twenty (20) day period, then the arbitrator shall be appointed by the then-serving administrative judge of the civil trial division of Tarrant County, Texas or any successor thereto within the next ten (10) day period. The Arbitration Board Electing Party shall make every reasonable effort the request for appointment of an arbitrator and furnish a copy of the aforesaid description of the Dispute or Controversy to render its decision said judge. Each Party to Arbitration may, but shall not be required to, submit to said judge a list of up to three (3) qualified individuals as candidates for appointment as the arbitrator whose schedules permit their service as arbitrator within the time periods set forth herein, and the judge shall select the arbitrator from among the individuals proposed by the Parties to Arbitration. No Party to Arbitration shall have any ex parte communications with any nominee or any arbitrator once selected pursuant to this Section 1.1(a). (b) Within thirty (30) days of the date the arbitrator is appointed, the arbitrator shall notify the Parties to Arbitration in writing of the date of the arbitration hearing, which hearing date shall be not less than one-hundred twenty (120) days from the date of the completion arbitrator's appointment. The arbitration hearing shall be held in Arlington, Texas. At the hearing, the testimony of witnesses and experts called by each Party to Arbitration shall be heard. Depositions may be taken and other discovery may be made in accordance with the Texas Rules of Civil Procedure, provided that (i) depositions and other discovery shall be completed within ninety (90) days of the hearing appointment of the arbitrator, (ii) there shall be no evidence by affidavit allowed, and (iii) each Party to Arbitration shall disclose a list of all documentary evidence to be used and a list of all witnesses and experts to be called by the Electing Party in the proceedings, or within such longer period as the parties arbitration hearing at least twenty (20) days prior to the proceedings may mutually agree upon in writingarbitration hearing. All decisions The arbitrator shall issue a final ruling within thirty (30) days after the arbitration hearing. Any decision of the Arbitration Board arbitrator shall state the basis of the award and shall include both findings of fact and conclusions of law. Any award rendered pursuant to the foregoing, which may include an award or decree of specific performance hereunder, shall be in writing in triplicate, signed by at least a majority thereoffinal and binding on, and non-appealable by, the originals Parties to Arbitration and judgment thereon may be entered or enforcement thereof sought by any Party to Arbitration in a court of competent jurisdiction. The foregoing deadlines shall be filed tolled during the period that no arbitrator is serving until a replacement is appointed in accordance with this Exhibit A. (c) Notwithstanding the Authorityforegoing, nothing contained herein shall be deemed to give the employee and arbitrator appointed hereunder any authority, power or right to alter, change, amend, modify, waive, add to or delete from any of the Unionprovisions of the New Franchise Agreement or any other New Transaction Document.

Regular Arbitration. Each party shallExcept for Disputes or Controversies that are required to be resolved by Fast-Track Arbitration (as such term is defined in Section 1.2 of this Appendix B), within five binding arbitration of Disputes or Controversies shall be conducted in accordance with the following procedures (5“Regular Arbitration”): (a) days of the Union's notice of intent to arbitrateThe Party seeking arbitration hereunder shall request such arbitration in writing, appoint a member of said Arbitration Board and deliver written notice thereof which writing shall be delivered to the other party, or otherwise forfeit its case. The two (2) members thus appointed shall forthwith proceed to select an additional member Parties and include a clear statement of the Board matter(s) in dispute. If a legal proceeding relating to the matter(s) in dispute has previously been filed in a court of competent jurisdiction (who other than a proceeding for injunctive or ancillary relief) then such notice of election under this paragraph shall be an impartial and disinterested person); but should the two (2) members first selected fail to agree upon the other member within ten (10) days after being appointed, they shall request the American Arbitration Association to furnish a list of seven (7) members of the National Academy of Arbitration or a list of seven (7) arbitrators from the Federal Mediation and Conciliation Services, at the discretion of the party initiating arbitration, from which the third member shall be selected. Within five (5) days after receipt of such a list, the two (2) members shall determine by lot the order of elimination, and thereafter each shall in that order alternately eliminate one name until only one name remains. The remaining person on the list shall be the third member of the Arbitration Board. Any vacancy in the Arbitration Board shall be filled in like manner as the predecessor member was selected. Multiple grievances may be submitted to the same arbitrator only if they arise out of the same factual situation, involved the same contract clause or work rule, or with the consent of the parties. The Arbitration Board as thus constituted shall promptly proceed to hear the case and render a decision thereon and the decision of a majority thereof shall be final; provided, that the party appealing to the Arbitration Board shall bring the case on for hearing delivered within ninety (90) days after of the third member has been appointeddate the electing Party receives service of process in such legal proceeding. Except to the extent provided in this Appendix B, unless extended by mutual agreement, else the appeal arbitration shall be deemed abandoned and conducted in accordance with the case closedCommercial Rules of the American Arbitration Association by a single arbitrator to be appointed upon the mutual agreement of the Parties within twenty (20) days of the date the written request for arbitration was delivered to the other Parties. In order to facilitate any such appointment, the Party seeking arbitration shall submit a brief description (no longer than two (2) pages) of the Dispute or Controversy to the other Parties. In the event the Parties are unable to agree on a single arbitrator, within the twenty (20) day period, then the arbitrator shall be appointed by the then-serving administrative judge of the civil trial division of Xxxxxx County, Texas or any successor thereto within the next ten (10) day period. The Arbitration Board Party seeking arbitration shall make every reasonable effort the Parties’ request for appointment of an arbitrator and furnish a copy of the aforesaid description of the Dispute or Controversy to render its decision said judge. Each Party may, but shall not be required to, submit to said judge a list of up to three (3) qualified individuals as candidates for appointment as the arbitrator whose schedules permit their service as arbitrator within the time periods set forth herein. The arbitrator appointed by the judge need not be from such lists. (b) Within thirty (30) days of the date the arbitrator is appointed, the arbitrator shall notify the Parties in writing of the date of the arbitration hearing, which hearing date shall be not less than one-hundred twenty (120) days from the date of the completion arbitrator’s appointment. The arbitration hearing shall be held in Houston, Texas. Except as otherwise provided herein, the proceedings shall be conducted in accordance with the procedures of the hearing Texas General Arbitration Act, TEX. CIV. PRAC. & REMEDIES CODE §§ 171.001 et seq. (the “Texas General Arbitration Act”). Depositions may be taken and other discovery may be made in accordance with the Texas Rules of Civil Procedure, provided that (i) depositions and other discovery shall be completed within ninety (90) days of the appointment of the arbitrator, (ii) there shall be no evidence by affidavit allowed, and (iii) each Party shall disclose a list of all documentary evidence to be used and a list of all witnesses and experts to be called by the Party in the proceedings, or within such longer period as the parties arbitration hearing at least twenty (20) days prior to the proceedings may mutually agree upon in writingarbitration hearing. All decisions The arbitrator shall issue a final ruling within thirty (30) days after the arbitration hearing. Any decision of the Arbitration Board arbitrator shall state the basis of the award and shall include both findings of fact and conclusions of law. Any award rendered pursuant to the foregoing, which may include an award or decree of specific performance hereunder, shall be in writing in triplicate, signed by at least a majority thereoffinal and binding on, and nonappealable by, the originals Parties and judgment thereon may be entered or enforcement thereof sought by any Party in a court of competent jurisdiction. The foregoing deadlines shall be filed tolled during the period that no arbitrator is serving until a replacement is appointed in accordance with this Appendix B. (c) Notwithstanding the Authorityforegoing, nothing contained herein shall be deemed to give the employee and arbitrator appointed hereunder any authority, power or right to alter, change, amend, modify, waive, add to or delete from any of the Unionprovisions of this Funding Agreement or any other Project Document.