Selection of Referee Sample Clauses

Selection of Referee. The Referee shall be a retired Judge of the Court selected by mutual agreement of the parties. If the parties cannot agree then a Referee shall be appointed by the Los Angeles Superior Court in accordance with Section 640 of the Code of Civil Procedure. Each party shall be entitled to only one disqualification pursuant to Section 170.6 of the Code of Civil Procedure. The parties hereby waive their right to a trial by jury and agree that their dispute shall be tried by the Referee so selected.
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Selection of Referee. The Referee shall be a retired Judge of the Court selected by mutual agreement of the parties. If the parties cannot agree then a Referee shall be appointed by the California Superior Court in accordance with the appropriate Section of the Code of Civil Procedure. Each party shall be entitled to only one disqualification pursuant to the appropriate Section of the Code of Civil Procedure. The parties hereby waive their right to a trial by jury and agree that their dispute shall be tried by the Referee so selected.
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Selection of Referee. Within 30 days after commencement by any Party of any lawsuit subject to this Agreement, each Party shall provide the other with a list of three potential referees acceptable to it. If the lists have one or more referees in common, the person having the highest position on each list shall be the referee hereunder. If such lists do not have a common referee, the Parties shall select pursuant to the Commercial Rules of the American Arbitration Association ("AAA") a single neutral referee and submit by stipulation such referee to the court for an order of reference of such claim or controversy. However, the referee selected must be a retired state or federal court judge with at least five years of judicial experience in civil matters. In the event that the Parties do not submit such stipulation to the court within such 30 day period, any Party may move the court pursuant to this Agreement for an order of reference of such claim or controversy to a single neutral referee having such qualifications. The Parties shall equally bear the fees and expenses of the referee unless the referee otherwise provides in the award.
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Selection of Referee. The Parties have selected Xxxxxxx X. Xxxxxxx a professor at the University of California, Irvine, to serve as Referee. In the event, for whatever reason, Xxxxxxxxx Xxxxxxx is unavailable or unwilling to serve as the Referee, then the Parties select Xxxxxxxxx Xxxxxxx, a professor at Stanford Law School, to serve as Referee. In the event, for whatever reason, Xxxxxxxxx Xxxxxxx is unavailable or unwilling to serve as the Referee, then the Parties select Xxxxxxxxx Xxxxx to serve as Referee. In the event, for whatever reason, Xxxxxxxxxx Xxxxx is unavailable or unwilling to serve as the Referee, then the Parties shall meet to identify a suitable Referee by mutual consent. If the Parties are unable to reach mutual consent, the California Superior Court (County of San Xxxx Obispo) shall appoint the Referee.
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Selection of Referee. Upon filing the notice of dispute, the -------------------- Company and the Union Board members shall within five (5) work days, select a Referee to sit with the Board to settle the dispute and the Secretary of the Board shall advise the appealing party and other party of the name and address of the Referee. If the Board members are unable to agree upon a Neutral Referee within five (5) work days, a joint request will be directed to the Chairman of the National Mediation Board for the appointment of a Neutral Referee. A copy of the notice of dispute shall be forwarded by the Secretary of the Board to the Neutral Referee who has been appointed or selected to serve in this manner. All subsequent documents filed with the Board shall be addressed to all three members, with copy to the other party or parties.
Sample 1
Selection of Referee. The parties will attempt to -------------------- agree on a retired judge from the JAMS panel. If they are unable to agree, JAMS will provide a list of three available judges and each party may strike one name from the list. The remaining judge will serve as the referee (unless he or she is disqualified after appropriate objection pursuant to CCP (S)(S) 641 and 642). If the parties strike the same judge, leaving two remaining judges, the parties will flip a coin. The winner of such coin flip shall strike one additional judge, leaving one remaining judge who will serve as the referee (unless he or she is disqualified after appropriate objection pursuant to CCP (S)(S) 641 and 642). If any referee is disqualified under CCP (S)(S) 641 and 642, the foregoing process shall be repeated to select a new referee.
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Selection of Referee. The parties will attempt to agree on a retired judge from the [appointing agency] panel. If the parties are unable to agree within fifteen days, [appointing agency] will provide a list of three available judges and each party shall, within fifteen days of receiving such list, strike one name from the list and rank the remaining two judges as first and second choices. If the parties strike different judges, the remaining judge will serve as the referee (unless he or she is disqualified as set forth below). If the parties strike the same judge: (a) and rank the same judge as first choice, then the first ranked judge shall serve as the referee (unless he or she is disqualified as set forth below); or (b) rank different judges as first choice, then the referee will be chosen by drawing lots by the appointing agency. If any referee is disqualified, the foregoing process shall be repeated to select a new referee. Either party may seek to disqualify a referee on motion to the Receivership Court. Any such motion will be based solely on the grounds set forth in Section 100.3E of the New York State Rules of the Chief Administrator of the Courts. The Liquidator will determine the appointing agency (through a request for proposals) prior to [ ].
Sample 1
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Selection of Referee. UPON THE WRITTEN REQUEST OF XXXXXXXX OR BONDOWNER REPRESENTATIVE, XXXXXXXX AND BONDOWNER REPRESENTATIVE SHALL SELECT A SINGLE REFEREE, WHO SHALL BE A RETIRED JUDGE OR JUSTICE. IF SUCH PARTIES DO NOT AGREE UPON A REFEREE WITHIN TEN (10) DAYS OF SUCH WRITTEN REQUEST, THEN, EITHER OF THEM MAY REQUEST THE COURT TO APPOINT A REFEREE PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 640(B).
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Related to Selection of Referee

  • Selection of the Arbitrator a) Arbitration shall be by a single arbitrator. b) The central parties shall select a mutually agreed upon arbitrator. c) The central parties may refer multiple grievances to a single arbitrator. d) Where the central parties are unable to agree upon an arbitrator within 10 days of referral to arbitration, either central party may request that the Minister of Labour appoint an arbitrator. e) The remuneration and expenses of the arbitrator shall be shared equally between the central parties.

  • 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.

  • Selection of Mediator A single mediator that is acceptable to both parties shall be used to mediate the dispute. The mediator will be knowledgeable in the subject matter of this Contract, if possible.

  • 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.

  • Arbitrator Selection The arbitrator will be appointed by the Administrator in accordance with the rules of the Administrator. However, unless the parties agree otherwise, the arbitrator must be a retired or former judge or a lawyer with at least ten (10) years of experience.

  • Arbitration Decisions Unless otherwise agreed by the Parties, the arbitrator(s) shall render a decision within ninety (90) Calendar Days of appointment and shall notify the Parties in writing of such decision and the reasons therefor. The arbitrator(s) shall be authorized only to interpret and apply the provisions of this Agreement and shall have no power to modify or change any provision of this Agreement in any manner. The decision of the arbitrator(s) shall be final and binding upon the Parties, and judgment on the award may be entered in any court having jurisdiction. The decision of the arbitrator(s) may be appealed solely on the grounds that the conduct of the arbitrator(s), or the decision itself, violated the standards set forth in the Federal Arbitration Act or the Administrative Dispute Resolution Act. The final decision of the arbitrator must also be filed with FERC if it affects jurisdictional rates, terms and conditions of service, Attachment Facilities, System Upgrade Facilities, or System Deliverability Upgrades.

  • 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.

  • GOVERNING LAW; DISPUTES SUBMITTED TO ARBITRATION All disputes arising under this agreement shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts, without regard to principles of conflict of laws. The parties to this agreement will submit all disputes arising under this agreement to arbitration in Boston, Massachusetts before a single arbitrator of the American Arbitration Association (“AAA”). The arbitrator shall be selected by application of the rules of the AAA, or by mutual agreement of the parties, except that such arbitrator shall be an attorney admitted to practice law in the Commonwealth of Massachusetts. No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section. No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section. Nothing contained herein shall prevent the party from obtaining an injunction.

  • Arbitration Decision The arbitrator’s decision will be final and binding. The arbitrator shall issue a written arbitration decision revealing the essential findings and conclusions upon which the decision and/or award is based. A party’s right to appeal the decision is limited to grounds provided under applicable federal or state law.

  • Submission of a Claim to Arbitration (1) In the event that a disputing party considers that a dispute cannot be settled by alternative means, and all other pre- conditions for such a dispute as required by the Agreement have been fulfilled: A Member State may submit to arbitration under this Agreement a claim that the respondent has breached an obligation under this Agreement, and that the claimant or its investor has incurred loss or damage by reason of, or arising out of, that breach; (2) For greater certainty, a claimant may submit to arbitration a claim referred to in Paragraph (1) that the respondent has breached an obligation through the actions of a designated government monopoly, local or state government or a state enterprise exercising delegated government authority. (3) At least 180 days before submitting any claim to arbitration, a potential claimant shall deliver to the potential respondent a written notice of its intention to submit the claim to arbitration ("notice of intention). The notice shall specify: (a) the name and address of the claimant and its legal representative; (b) for each claim, the provision(s) of this Agreement alleged to have been breached and any other relevant provisions; (c) the legal and factual basis for each claim; and (d) the relief sought and, where appropriate, the approximate amount of damages claimed. The CCIA Committee may establish a specific form for this purpose and make it available through the Internet and other means. (4) Provided that at least six months have elapsed since the events giving rise to the claim, and all other pre-conditions for such a dispute as required by the Agreement have been fulfilled, a claimant may formally submit a Notice of Arbitration to the respondent State and to the COMESA Secretariat. (5) A claim shall be deemed submitted to arbitration when the claimants Notice of Arbitration is submitted to the respondents and to the COMESA Secretariat. The CCIA Committee may establish a specific form for this purpose and make it available through the internet and other means. The Notice of Arbitration shall include, at a minimum, the information required in Paragraph (3).

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