Requesting an Arbitrator Clause Samples
The "Requesting an Arbitrator" clause outlines the process by which parties to a contract can formally initiate arbitration by selecting or appointing an arbitrator. Typically, this clause specifies the steps each party must take to request arbitration, such as providing written notice to the other party and following any agreed-upon procedures for choosing a neutral arbitrator, which may involve a third-party arbitration organization. Its core practical function is to ensure a clear, fair, and efficient method for resolving disputes outside of court by establishing how an arbitrator is chosen, thereby preventing delays or disagreements over the arbitration process.
Requesting an Arbitrator. Within seven (7) days of the receipt of a final Level II response or decision, the Association may request a list of seven (7) Oregon or Washington arbitrators from the Oregon State Conciliation Service who are members of the American Arbitration Association Labor Panel. A copy of the request shall simultaneously be filed with the District. Each party shall then alternately strike one (1) name from the list supplied until one (1) name remains and that person shall be the arbitrator. In the alternative, the parties may jointly agree upon any person to serve as arbitrator. The arbitrator shall fix the time and place for the hearing but with at least five (5) days written notice to the parties.
Requesting an Arbitrator. After receipt of the Level II, Step 2 response or decision, the Association may request a list of seven (7) Oregon and Washington arbitrators from the Oregon State Conciliation Service who are members of the American Arbitration Association Labor Panel. A copy of the request shall simultaneously be filed with the District. Each party shall then alternately strike one (1) name from the list supplied until one (1) name remains and that person shall be arbitrator. In the alternative, the parties may jointly agree upon any person to serve as arbitrator.
Requesting an Arbitrator. Within twenty (20) working days after the Agency or the Union has issued its Step 3 written response, either Party may request arbitration in writing and request the services of the Federal Mediation and Conciliation Service (FMCS). A copy of the request to arbitrate shall be sent to the other Party. If an unresolved grievance is not referred for arbitration within this time limit, it shall be deemed satisfied or denied.
