Selection of the Arbitrators Sample Clauses

Selection of the Arbitrators. The arbitrators shall be selected as follows: JAMS shall give each party a list of 11 arbitrators drawn from its panel of employment dispute arbitrators from the state of Arkansas. Each party may strike all names on the list it deems unacceptable. If only three common names remain on the lists of both parties, those individuals shall be designated as the Arbitrators. If more than three common names remain on the lists of both parties, the parties shall strike names alternately from the list of common names until only three remain. The party who did not initiate the claim shall strike first. If no common name exists on the lists of both parties, JAMS shall furnish an additional list and the process shall be repeated. If the arbitrators have been selected after two lists have been distributed, then the parties shall strike alternately from a third list, with the party initiating the claim striking first, until only three names remain. Those persons shall be designated as the arbitrators. Striking decisions must be made and communicated to the other party and JAMS within 10 calendar days after the date of the transmittal communication relaying the arbitrators remaining for selection. In the event a party does not make a timely strike, the other party may select the arbitrators from the names remaining.
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Selection of the Arbitrators. The arbitration tribunal shall consist of three arbitrators each of whom shall be a practicing lawyer or professor of law. The party initiating arbitration (the "Claimant") shall nominate its arbitrator in its request for arbitration (the "Request"). The other party (the "Respondent") shall nominate its arbitrator within 30 days of receipt of the Request (whether the Request is received from the Claimant or from the LCIA Arbitration International ) and shall notify the Claimant of such nomination in writing. If the Respondent fails to nominate an arbitrator within such 30-day period, the arbitrator named in the Request shall decide the controversy or claim as a sole arbitrator. Otherwise, the two arbitrators nominated by the parties shall nominate a third arbitrator within 30 days after the Respondent has notified Claimant of the nomination of the Respondent's arbitrator. When the arbitrators nominated by the Claimant and Respondent have nominated a third arbitrator and the third arbitrator has accepted the nomination, the two arbitrators shall promptly notify the parties of the nomination of the third arbitrator. If the two arbitrators nominated by the parties fail or are unable so to nominate a third arbitrator and so notify the parties, either party may request the LCIA Arbitration International to appoint the third arbitrator. The LCIA Arbitration International shall select the third arbitrator within 30 days after such request, and shall thereafter notify the parties of the appointment of the tribunal. The third arbitrator shall act as Chairman of the tribunal.
Sample 1
Selection of the Arbitrators. If the dispute is not resolved pursuant to Article 13.2, then the disputing parties shall refer the dispute to binding arbitration and the following provisions shall apply: (a) the dispute shall be referred to a single arbitrator if the disputing parties agree; otherwise it shall be referred to three arbitrators, one of whom shall be chosen by the Party or Parties bringing the dispute, one by the Party or Parties responding to the dispute, and the third by the two so chosen. The third arbitrator shall be the chairperson. Arbitrators shall be independent, disinterested, knowledgeable and experienced in the issue in dispute. A decision may be made by a majority of the arbitrators; (b) if, within sixty (60) days of being notified that a dispute has been referred to arbitration, or such extended time as the disputing parties may agree upon, a Party or Parties who have been so notified fail to appoint an arbitrator, then an application may be made to the Supreme Court of the Northwest Territories for the appointment of an arbitrator; and (c) if within thirty (30) days, or such extended time as the disputing parties may agree upon, the first two arbitrators appointed under Article 13.3(a) or 13.3(b) above do not agree upon the third arbitrator or if the Parties to the dispute do not agree on the selection of a chairperson, then an application may be made to the Supreme Court of the Northwest Territories for the appointment of the third arbitrator or the chairperson, as the case may be.
Sample 1Sample 2
Selection of the Arbitrators. The party initiating the arbitration shall give notice to the other party setting out the items to be arbitrated. Within five business days, each party shall select and concurrently designate a party-appointed arbitrator. The two party-appointed arbitrators shall select a third, neutral arbitrator as soon as practicable thereafter and a panel consisting of the three arbitrators shall resolve the dispute. Notwithstanding the foregoing, for any Double Tree Resort by Hiltxx Xxxxxx Xxxch Oceanfront - MA dispute the subject matter of which would be valued in an amount less than US$150,000, if the parties mutually agree on a single arbitrator, the dispute may be resolved by such sole arbitrator.
Sample 1
Selection of the Arbitrators. If, after meeting and conferring, the parties are unable to resolve the dispute(s), the Claimant shall submit the Demand and Answer, along with the required fees, to the Judicial Arbitration and Mediation Services (“JAMS”) resolution center in New York, New York. In accordance with the Arbitration Rules, JAMS will provide a list of at least five (5) arbitrator candidates, each of whom shall be a former federal district court judge of a United States District Court or a former justice of the Chancery Court of the State of Delaware. If the Parties are unable to agree on an arbitrator from the list, then, in accordance with the Arbitration Rules, within seven (7) days of receipt of the list, each Party may strike two (2) names and shall strike the remaining candidates in order of preference. The remaining arbitrator candidate with the highest composite ranking shall be appointed as the arbitrator (the “Arbitrator”). The Parties shall use commercially reasonable efforts to engage the Arbitrator within fifteen (15) days of filing their dispute with JAMS.
Sample 1
Selection of the Arbitrators. Within five (5) Business Days after the due date of the Answer (the (“Answering Date”), the parties shall confer and make a bona fide attempt to agree upon three (3) independent arbitrators to whom to submit the matter in dispute for final and binding arbitration (the “Arbitrators”). The Arbitrators shall be individuals who are either attorneys or business persons experienced with merger and acquisition transactions of the type set forth in this Agreement. If the parties cannot agree upon three arbitrators, the arbitrators they do agree upon shall select the remaining member or members of the panel. In the event that, on or prior to the fifteenth (15th) Business Day following the Answering Date, the parties cannot agree upon at least one Arbitrator, the parties shall submit the Demand and Answer, along with required fees, to the American Arbitration Association (“AAA”), and a three member neutral panel of Arbitrators who have familiarity and experience with merger and acquisition transactions of the type set forth in this Agreement shall be selected in accordance with the Commercial Arbitration Rules of the AAA, or any successor thereto, in effect at the time the relevant dispute, controversy, difference or claim is submitted for arbitration pursuant to this Agreement (the “AAA Rules”). However chosen, the parties shall use commercially reasonable efforts to engage the Arbitrators within thirty (30) days of the Answering Date.
Sample 1
Selection of the Arbitrators. If, after meeting and conferring, the parties are unable to resolve the dispute(s), the Claimant shall submit the Demand and Answer, along with the required fees, to the Judicial Arbitration and Mediation Services (“JAMS”) resolution center in New York, New York. In accordance with the Arbitration Rules, JAMS will provide a list of at least five (5) arbitrator candidates, each of whom shall be a former federal district court judge of a United States District Court. If the parties are unable to agree on an arbitrator from the list, then, in accordance with the Arbitration Rules, within seven (7) days of receipt of the list, each Party may strike two (2) names and shall strike the remaining candidates in order of preference. The remaining arbitrator candidate with the highest composite ranking shall be appointed as the arbitrator (the “Arbitrator”). The parties shall use commercially reasonable efforts to engage the Arbitrator within fifteen (15) days of filing their dispute with JAMS.
Sample 1
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Selection of the Arbitrators. The party initiating the arbitration shall give notice to the other party setting forth the items to be arbitrated. Within five (5) business days, each party shall select and concurrently designate a party-appointed arbitrator; the two party-appointed arbitrators shall select a third, neutral arbitrator as soon as practicable thereafter.
Sample 1
Selection of the Arbitrators. Within 10 days after the date of the Arbitration Notice, the SHAREHOLDERS shall select one qualifying arbitrator and TRC shall select one qualifying arbitrator. A "qualifying" arbitrator shall be a person who is not: (i) an employee of any SHAREHOLDER or an Affiliate thereof or of TRC or any Affiliate thereof, or (ii) counsel to any such Person at such time. If either the SHAREHOLDERS or TRC fail to select a qualifying arbitrator or provide such notice within the 10-day period, the C.P.R. shall have the right to make such selection. Such qualifying arbitrators hereafter may be referred to respectively as the "First Arbitrator" and the "Second Arbitrator." Within 10 days following their selection, the First Arbitrator and the Second Arbitrator shall select, and if they fail to do so, the C.P.R. shall select, a third "neutral" arbitrator under Rule 6 of the C.P.R. Rules. A "neutral" arbitrator shall be a person who would not be subject to disqualification under Rule No. 7 of the C.P.R. Rules.
Sample 1

Related to Selection of the Arbitrators

  • 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.

  • Decision of the Arbitrator The decision of the arbitrator shall be final, binding, and enforceable on the Parties. The arbitrator shall have the power to dispose of a grievance by any arrangement deemed just and equitable. However, the arbitrator shall not have the power to change this Agreement by altering, modifying, or amending any provision.

  • Xxxxxx 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. 1. The arbitrator shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. 2. The arbitrator shall have no power to rule on any of the following: a. Actions taken by the Employer with respect to probationary employees including, but not limited to, discipline and discharge. b. Any claim or complaint for which there is another remedial procedure or forum established by law or by regulation having the force of law. c. Any matter involving the content of an employee evaluation. 3. He/she shall have no power to change any practice, policy, or rule of the Employer nor to substitute his/her judgment for that of the Employer as to the reasonableness of any such practice, policy, rule, or any action taken by the Employer. His/her power shall be limited to deciding whether the Employer has violated the express articles or sections of this Agreement; and he/she shall not imply obligations and conditions binding upon the Employer from this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the Employer. 4. He/she shall have no power to decide any question which, under this Agreement, is within the responsibility of management to decide. In rendering a decision, an arbitrator shall give due regard to the responsibility of management and shall so construe the Agreement that there will be no interference with such responsibilities, except as they may be specifically conditioned by this Agreement. 5. If either party disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall first determine the arbitrability of said dispute. By stipulation of the parties, the Arbitrator shall have the authority to concurrently hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the Arbitrator determine that he/she is without jurisdiction to rule, the matter shall be dismissed without decision on the merits. Submission of jurisdictional issues to the Arbitrator shall not be regarded as a waiver by either party of its right to institute civil litigation contesting either the authority of the Arbitrator or any award allegedly rendered in excess of such authority. 6. There shall be no appeal from the arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its members, the employee or employees involved and the Employer. Any litigation to vacate or enforce the Arbitrator’s decision must be initiated within six (6) months of the issuance of the Opinion and Award. 7. The fees and expenses of the arbitrator shall be shared equally by the Association and the Employer.

  • 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.

  • Jurisdiction of the Arbitrator The arbitrator shall have no power to alter, add to, subtract from the terms of this Agreement. The arbitrator's decision will be based upon the specific provisions of this Agreement. This arbitration provision shall be for grievances only.

  • 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.

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

  • Costs of the Arbitration Each party is responsible for its own attorney, expert, and other costs and fees unless applicable law requires otherwise. Each party is also responsible for one-half of any costs and fees charged by the arbitration organization and arbitrator(s) to administer the arbitration to the maximum extent permitted by law or rule. Where permissible by law, the prevailing party may be required to reimburse the other party for the costs and fees of the arbitration organization and arbitrator(s) in whole or in part by decision of the arbitrator(s) at the discretion of the arbitrator(s).

  • 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. a. The arbitrator shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. b. The arbitrator shall have no power to establish salary scales or change any salary. c. The arbitrator shall have no power to rule on any of the following: 1. The termination of services of or failure to re-employ any probationary teacher. 2. The failure to reemploy any teacher to a position on the extra-curricular schedule. 3. Any claim or complaint for which there is another remedial procedure or forum established by law or by regulation having the force of law, including any matter subject to the procedures specified in the Teacher Tenure Act (Act IV of Public Acts, extra session, of 1937 of Michigan, as amended). 4. Any matter involving the evaluation of a non-classroom professional, unless it is a claim of failure to follow contractually agreed upon procedures. d. He/she shall have no power to change any practice, policy, or rule of the District nor to substitute his/her judgment for that of the District as to the reasonableness of any such practice, policy, rule or any action taken by the District. His/her power shall be limited to deciding whether the District has violated the expressed articles or sections of this Agreement; and he/she shall not imply obligations and conditions binding upon the District from this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the District. e. He/she shall have no power to decide any questions which, under this Agreement, is within the responsibility of management to decide. In rendering a decision, an arbitrator shall give due regard to the responsibility of management and shall so construe the Agreement that there will be no interference with such responsibilities, except as they may be specifically conditioned by this Agreement. f. If either party disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall determine the arbitrability of said dispute, except that either party reserves the right to seek resolution of any dispute of arbitrability in a court of competent jurisdiction before or after arbitration. g. There shall be no appeal from an arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its members, the employee or employees involved and the District. h. The fees and expenses of the arbitrator shall be shared equally by the Association and the District.

  • Location of the Arbitration Hearing Unless applicable law provides otherwise, the arbitration hearing for United States residents will be conducted in the federal judicial district in which you reside (in your hometown area) or, for Canadian residents, in the province in which you reside, and, if you choose, will be in-person.

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