Removal of Arbitrators Sample Clauses

Removal of Arbitrators. A. Any arbitrator on a panel may be removed from the panel unilaterally by either party during the life of the Agreement without cause. The party removing the arbitrator will give notice to the other party and the arbitrator. No further cases will be assigned to that arbitrator, but the arbitrator will decide any cases before them. Where a case has been assigned, but not heard, by an arbitrator who has been struck from a panel, that case will be reassigned to the next arbitrator in the rotation and the striking party will be responsible for any cancellation fee which may result. B. Within 10 calendar days after receipt of notice removing an arbitrator, the Parties will meet and mutually agree upon another arbitrator to replace the arbitrator removed. The newly selected arbitrator will be placed on the list in the position of the arbitrator they replace, and will take the cases on a rotational basis in the same manner as the arbitrator they replaced would have received them.
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Removal of Arbitrators. Any arbitrator on a panel may be removed from the panel unilaterally by either party during the life of the Agreement without cause. The party removing the arbitrator will give notice to the other party and the arbitrator. No further cases will be assigned to that arbitrator, but the arbitrator will decide any cases before her or him. Where a case has been assigned, but not heard, by an arbitrator who has been struck from a panel, that case will be reassigned to the next arbitrator in the rotation and the striking party will be responsible for any cancellation fee which may result. Within 10 days after receipt of notice removing an arbitrator, the Parties will meet and mutually agree upon another arbitrator to replace the arbitrator removed. The newly selected arbitrator will be placed on the list in the position of the arbitrator she or he replaces, and will take the cases on a rotational basis in the same manner as the arbitrator she or he replaces would have receive them.
Sample 1
Removal of Arbitrators. Any arbitrator on a panel may be removed from the list by either party between October 1st and October 31st of each year by giving a written notice to the other party within this period. The parties will then mutually inform the arbitrator in writing that the arbitrator has been removed from the panel. Upon receipt of written notice, no further cases will be assigned to that arbitrator. The arbitrator will hear and decide any cases that are scheduled for hearing within the next 120 days. By December 1st, the parties will use the existing panel roster procedures to reassign all other cases of any arbitrator(s) who is removed from the panel. Either party may also remove an arbitrator (up to 5 per fiscal year, with no more than one from any individual panel) outside of the October 1st through October 31st window, by giving written notice to the other party at the XXXXX and General Committee Level. The parties will mutually inform the arbitrator in writing of the removal. Upon receipt of written notice, no further cases will be assigned to that arbitrator, but the arbitrator will hear and decide any cases scheduled for hearing within the next 120 days. All other cases currently assigned to that arbitrator will be assigned to another arbitrator in accordance with existing panel roster procedures. The parties may mutually agree to remove an arbitrator at any time. The parties will mutually inform the arbitrator in writing of the removal. No further cases will be assigned to that arbitrator, but the arbitrator will hear and decide any cases scheduled for hearing within the next 120 days. All other cases currently assigned to that arbitrator will be assigned to another arbitrator in accordance with existing panel roster procedures. If an arbitrator who is removed elects not to hear and decide any scheduled cases, another arbitrator will be assigned in accordance with existing panel roster procedures.
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Related to Removal of Arbitrators

  • Appointment of Arbitrators 1. Except to the extent that the competent authorities of the Contracting States mutually agree on different rules, paragraphs 2 through 4 shall apply for the purposes of Articles 24A to 24H. 2. The following rules shall govern the appointment of the members of an arbitration panel: (a) The arbitration panel shall consist of three individual members with expertise or experience in international tax matters. (b) Each competent authority shall appoint one panel member within 60 days of the date of the request for arbitration under paragraph 1 of Article 24A (Mandatory Binding Arbitration). The two panel members so appointed shall, within 60 days of the latter of their appointments, appoint a third member who shall serve as Chair of the arbitration panel. The Chair shall not be a national or resident of either Contracting State. (c) Each member appointed to the arbitration panel must be impartial and independent of the competent authorities, tax administrations, and ministries of finance of the Contracting States and of all persons directly affected by the case (as well as their advisors) at the time of accepting an appointment, maintain his or her impartiality and independence throughout the proceedings, and avoid any conduct for a reasonable period of time thereafter which may damage the appearance of impartiality and independence of the arbitrators with respect to the proceedings. 3. In the event that the competent authority of a Contracting State fails to appoint a member of the arbitration panel in the manner and within the time periods specified in paragraph 2 or agreed to by the competent authorities of the Contracting States, a member shall be appointed on behalf of that competent authority by the highest ranking official of the Centre for Tax Policy and Administration of the Organisation for Economic Co-operation and Development that is not a national of either Contracting State. 4. If the two initial members of the arbitration panel fail to appoint the Chair in the manner and within the time periods specified in paragraph 2 or agreed to by the competent authorities of the Contracting States, the Chair shall be appointed by the highest ranking official of the Centre for Tax Policy and Administration of the Organisation for Economic Co-operation and Development that is not a national of either Contracting State.

  • Selection of Arbitrators 1. Unless the disputing parties otherwise agree, the tribunal shall comprise three arbitrators: (a) one arbitrator appointed by each of the disputing parties; and (b) the third arbitrator, who shall be the presiding arbitrator, appointed by agreement of the disputing parties. The third arbitrator shall be a national of a non-Member State which has diplomatic relations with the disputing Member State and non-disputing Member State, and shall not have permanent residence in either the disputing Member State or non- disputing Member State. 2. Any person appointed as an arbitrator shall have expertise or experience in public international law, international trade or international investment rules. An arbitrator shall be chosen strictly on the basis of objectivity, reliability, sound judgment and independence and shall conduct himself or herself on the same basis throughout the course of the arbitral proceedings. 3. Subject to Article 36 (Conduct of the Arbitration), if a tribunal has not been constituted within 75 days from the date that a claim is submitted to arbitration under this Section, the Appointing Authority, on the request of a disputing party, shall appoint, in his or her discretion, the arbitrator or arbitrators who have not been appointed. 4. The tribunal shall reach its decisions by a majority of votes and its decisions shall be binding. 5. The parties to the dispute shall bear the cost of their respective arbitrators to the tribunal and share equally the cost of the presiding arbitrator and other relevant costs. In all other respects, the tribunal shall determine its own procedures. 6. The disputing parties may establish rules relating to expenses incurred by the tribunal, including remuneration of the arbitrators. 7. Where any arbitrator appointed as provided for in this Article resigns or becomes unable to act, a successor shall be appointed in the same manner as prescribed for the appointment of the original arbitrator and the successor shall have all the powers and duties of the original arbitrator.

  • Appointment of Arbitrator When a Party has requested that a grievance be submitted to arbitration, an arbitrator shall be selected from the following list: Xxxxx Xxxxxxx Xxxx Xxxxxx Xxx Xxxxxxxx

  • List of Arbitrators The parties will agree to a list of arbitrators for each geographical area to whom grievances may be referred. This list shall be reviewed at the mid-point of the Collective Agreement and may be amended by mutual agreement. Each party will alternate in selecting an arbitrator to sit as a sole arbitrator or as a chair of the Arbitration Board from the appropriate list. In the event that the Arbitrator selected by a party is unable to hear the grievance within ninety (90) days of the referral to arbitration, the party having made the selection may choose another arbitrator from the list.

  • Number of Arbitrators The arbitral tribunal shall consist of: i. Sole Arbitrator in cases where the total value of all claims in question added together does not exceed Rs. 2.00 crores;

  • Decision of Arbitrator The decision of the Arbitrator will be final, binding and enforceable on the parties. The Arbitrator will have the power to dispose of a dismissal, discharge or discipline grievance by any arrangement which they deem just and equitable. However, the Arbitrator will not have the power to change this agreement or to alter, modify or amend any of its provisions.

  • Location of Arbitration The arbitration shall take place in Oklahoma City, Oklahoma, and the arbitrator shall issue any award at the place of arbitration. The arbitrator may conduct hearings and meetings at any other place agreeable to the parties or, upon the motion of a party, determined by the arbitrator as necessary to obtain significant testimony or evidence.

  • Scope of Arbitration The Executive expressly understands and agrees that claims subject to arbitration under this section include asserted violations of the Employee Retirement and Income Security Act of 1974; the Age Discrimination in Employment Act; the Older Worker’s Benefit Protection Act; the Americans with Disabilities Act; Title VII of the Civil Rights Act of 1964 (as amended); the Family and Medical Leave Act; any law prohibiting discrimination, harassment or retaliation in employment; any claim of promissory estoppel or detrimental reliance, defamation, intentional infliction of emotional distress; or the public policy of any state, or any federal, state or local law.

  • Selection of Arbitrator Upon the proper submission of a grievance under the terms of this procedure, the parties shall, within ten (10) days after the request to arbitrate, attempt to agree upon the selection of an arbitrator. If no agreement on an arbitrator is reached, either party may request the BMS to appoint an arbitrator, pursuant to PELRA, providing such request is made within twenty (20) days after request for arbitration. The request shall ask that the appointment be made within thirty (30) days after the receipt of said request. Failure to request an arbitrator from the BMS within the time periods provided herein shall constitute a waiver of the grievance.

  • Costs of Arbitration Each party shall bear one half the cost of the arbitration filing and hearing fees, and the cost of the arbitrator.

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