SELECTION AND POWERS OF THE ARBITRATOR Sample Clauses

SELECTION AND POWERS OF THE ARBITRATOR. 1. An impartial arbitrator shall be selected from a panel supplied by the Federal Mediation and Conciliation Services upon request of either party. In the event an arbitrator cannot be agreed upon, the agency will select and appoint one. The arbitrator's decision shall be rendered as expeditiously as possible. The arbitrator's fee and expenses shall be borne equally by both parties to the arbitration. Unless the parties expressly agree to the contrary, a stenographic transcript of the proceeding will not be made. Post-hearing briefs shall not be filed unless mutually agreed or requested by the arbitrator.
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SELECTION AND POWERS OF THE ARBITRATOR. A . An impartial arbitrator shall be selected from a panel of arbitrators who are members of the National Academy of Arbitrators supplied by the Federal Mediation and Conciliation Service or the American Arbitration Association upon request of either party . In the event an arbitrator cannot be agreed upon, the agency selected will appoint one . The arbitrator’s decision shall be rendered as expeditiously as possible . The arbitrator’s fee and expenses shall be borne equally by both parties to the arbitration . Unless the parties expressly agree to the contrary, a stenographic transcript of the proceeding will not be made . Posthearing briefs shall not be filed unless mutually agreed or requested by the arbitrator .
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Related to SELECTION AND POWERS OF THE ARBITRATOR

  • Powers of the Arbitrator It shall be the function of the arbitrator, and he/she shall be empowered, except as his/her powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific articles and sections of this Agreement.

  • Appointment of the Arbitrator When a Party has requested that a grievance be submitted to arbitration, an Arbitrator shall be selected from the agreed upon list outlined in Appendix B.

  • Powers of Arbitrator The Arbitrator may determine all questions of law and jurisdiction (including questions as to whether a dispute is arbitrable) and all matters of procedure relating to the arbitration. The Arbitrator shall have the right to grant legal and equitable relief (including injunctive relief) and to award costs (including legal fees and the costs of the arbitration) and interest.

  • Selection of the Arbitrator a) Arbitration shall be by a single arbitrator.

  • Expenses of the Arbitrator The fees and expenses of the arbitrator and any other common expenses shall be shared equally by both parties.

  • Authority of the Arbitrator i. It is the intent of both parties to this Collective Agreement that no grievance shall be defeated merely because of a technical error in processing the grievance through the grievance procedure. To this end an arbitrator shall have the power to allow all necessary amendments to the grievance and the power to waive formal procedural irregularities in the processing of a grievance in order to determine the real matter in dispute and to render a decision according to equitable principles and the justice of the case.

  • 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.

  • Overriding powers of the Authority 17.10.1 If in the reasonable opinion of the Authority, the Concessionaire is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Concessionaire to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be.

  • Arbitrator's Powers The arbitrator shall have no power to render a decision that will add to, subtract from or alter, change or modify the terms of this Agreement, and his/her power shall be limited to interpretation or application of the express terms of this Agreement, and all other matters shall be excluded from arbitration. To the extent that a matter is properly before an arbitrator in accordance with this provision, the arbitrator's decision thereon shall be final and binding providing it is not contrary to existing law or regulation nor requires an appropriation of additional funds, in either of which case it will be advisory in nature. The Parties further agree that questions of arbitrability are proper issues for the arbitrator to decide.

  • Arbitration and Governing Law If a dispute arises out of or relates to this contract, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules. This Agreement and the legal relations among the Parties hereto shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law doctrine. The Parties agree that the venue for the resolution of all disputes arising under the terms of this Agreement and the transactions contemplated herein will be the County of Pinellas, State of Florida.

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