Streamlined Arbitration Sample Clauses

Streamlined Arbitration. If the parties agree to utilize streamlined arbitration in place of the current procedure set forth in Paragraph 4, they will use the following streamlined arbitration procedures. The streamlined arbitration procedure will be to select an arbitrator using an FMCS list of seven (7) arbitrators. The Firefighters will strike the first name. The hearing will be scheduled within thirty (30) calendar days of the selection of the arbitrator unless the parties agree to extend this period. The hearing will not include briefs, and the award is due within five (5) business days of the closing of the hearing. The award of the arbitrator will be in writing. The arbitrator will not have any power to add to, subtract from, or modify this Agreement. The cost of the arbitration will be as provided in Paragraph 5. The award is final and binding except as provided by law. If a court reporter is requested by either party, the party requesting the reporter shall pay all the costs of the reporter and provide copies of the transcript to the arbitrator and the other party. If the parties do not agree to streamlined arbitration, the normal arbitration procedures contained in Paragraph 5 will apply.
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Streamlined Arbitration. If the parties agree to utilize streamlined arbitration in place of the current procedure set forth in paragraph 3, they will use the following streamlined arbitration procedures. The streamlined arbitration procedure will be to select an arbitrator using an FMCS list of seven (7) arbitrators. The Firefighters will strike the first name. The hearing will be scheduled within thirty (30) calendar days of the selection of the arbitrator unless the parties agree to extend this period. The hearing will not include briefs, and the award is due within five
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Streamlined Arbitration. 9.1 Each and every dispute, claim or controversy arising out of or relating to this Agreement, including without limitation the payment of Commissions, or the breach, termination, enforcement, interpretation or validity of this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in San Diego County, California, before one (1) arbitrator. The arbitration shall be administered by JAMS, in accordance with the following procedures: (i) a party desiring arbitration shall give written notice to the other part(ies) and to JAMS; (ii) the parties shall agree on an arbitrator from the JAMS San Diego, California panel within five (5) business days after such notice, and if they cannot agree within that time, an arbitrator shall be selected by JAMS; (iii) there shall be no discovery permitted and no experts designated (provided that a representative from the independent accounting firm which performed an audit pursuant to Section 3.4.2 may testify in person); and (iv) subject to the foregoing limitations, the arbitrator, once appointed, shall use all reasonable effort to conduct the arbitration and render an award on the matters subject to arbitration as quickly as is reasonably possible, and in that regard, to the extent the arbitrator considers such a procedure fair and adequate, (x) each Party shall provide a written report of its position to the arbitrator(s) and to the other part(ies) within five (5) business days after the arbitrator’s initial consultation with the parties or their counsel, (y) the arbitrator will select a date for a hearing, which, if reasonably possible, shall be within fifteen (15) days after submission of the reports, and (z) the arbitrator shall render his or her award quickly and need not provide findings or support for the award. The arbitrator shall have no authority to award any amounts for incidental, special, consequential or punitive damages, or amounts attributable to lost profits or lost savings. To the extent not in conflict with the above procedures, the dispute shall be administered in accordance with the JAMS Streamlined Arbitration Rules & Procedures as revised February 19, 2005. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction, but shall preclude the parties from seeking in any court ...
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Streamlined Arbitration. At the request of the grievant or the Association the Streamlined Arbitration Rules of the American Arbitration Association shall be used instead of the Voluntary Labor Arbitration Rules.
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Related to Streamlined Arbitration

  • Dispute Resolution; Arbitration This Agreement evidences a transaction involving interstate commerce. Any disputes arising from this Agreement shall be decided by binding arbitration which shall be conducted, at the request of any party, in New York, New York, before one arbitrator designated by the American Arbitration Association (the "AAA"), in accordance with the Commercial Arbitration Rules of the AAA, and to the maximum extent applicable, the United States Arbitration Act (Title 9 of the United States Code). Notwithstanding anything in this Agreement to the contrary, any party may proceed to a court of competent jurisdiction to obtain equitable relief at any time. An arbitrator shall have no authority to award punitive damages or other damages not measured by the prevailing party's actual damages. To the maximum extent practicable, an arbitration proceeding under this Agreement shall be concluded within 180 days of the filing of the dispute with the AAA. This arbitration clause shall survive any termination, amendment, or expiration of the Agreement and if any provision of this arbitration clause is found to be unenforceable, the remaining parts of the arbitration clause shall not be affected and shall remain fully enforceable.

  • Expedited Arbitration (a) The Parties may by mutual agreement refer to expedited arbitration any outstanding grievances considered suitable for this process, and shall set dates and locations for hearings of groups of grievances considered suitable for expedited arbitration.

  • Mediation and Arbitration Any controversy, dispute or claim arising out of or relating to this Agreement or the performance, enforcement, breach, termination or validity thereof, including the determination of the scope of this Agreement to arbitrate, shall first be submitted to non-binding mediation and shall thereafter be determined by final binding arbitration, and not litigation, the agreed venue for mediation and arbitration being in Houston, Texas. The mediation process shall be administered by a mutually acceptable mediator selected in accordance with the Commercial Mediation Rules of the American Arbitration Association (“AAA”). If any dispute remains unresolved between the parties after the mediation process has been completed, either party may then submit any such unresolved dispute to final and binding arbitration pursuant to the Commercial Arbitration rules of AAA, with all matters related to the enforceability of this arbitration agreement and any award rendered pursuant to this agreement to be governed by the Federal Arbitration Act, 9 U.S.C. Section 1-16. The Arbitration Tribunal shall be formed of three (3) arbitrators each of which shall have at least five (5) years’ experience in hotel operation, management, ownership or leasing, one (1) to be appointed by each party and the third (3rd) to be appointed by the American Arbitration Association. The arbitration panel may require and facilitate such discovery as it shall determine is appropriate in the circumstances, taking into account the needs of the parties and the desirability of making discovery expeditious and cost-effective. The arbitration panel shall be empowered to subpoena non-party and party witnesses for deposition and hearing to the full extent provided under the AAA Rules and the Federal Arbitration Act (or the applicable state arbitration statute if the arbitration panel is appointed pursuant to a petition filed in state court). The arbitration panel may also direct the production of documents and other information and the advance identification of witnesses to be called and documents to be admitted. The arbitration panel may issue orders to protect the confidentiality of proprietary information, trade secrets and other sensitive information before it is required to be disclosed in discovery. In addition to monetary damages, or in lieu thereof, the arbitration panel shall have the power to grant all equitable relief (both by way of interim relief and as a part of its final award) as may be granted by any court in the state where the Hotel is located. Monetary damage liability shall be limited to actual damages; the parties hereby waive the right to claim and/or receive punitive damages or exemplary relief. The arbitration panel shall determine whether and to what extent any party is a prevailing party and shall award attorneys’ fees and expenses associated with the arbitration proceeding to the “prevailing party, if any. All proceedings shall be reported by a certified shorthand court reporter and written transcripts of the proceedings shall be prepared and made available to the parties. The fees of the arbitration panel, together with all costs and expenses incurred in conducting the arbitration (but excluding the parties’ respective attorney, witness and related costs and expenses) shall be borne by the party against whom the arbitral award is made and shall be a (the) component of the arbitral award. The arbitration shall take place in Orlando, Florida, and shall be conducted in the English language. The arbitration award shall be final and binding upon the parties hereto and subject to no appeal. Arbitration expenses shall not be an expense in determining House Profit. Judgment upon the award rendered maybe entered into any court having jurisdiction, or applications may be made to such court for an order of enforcement.

  • Disputes and Arbitration Any dispute concerning a question of fact arising under this contract shall be disposed of by good faith negotiation between duly authorized representatives of the District, the Office of the State Auditor, and the Firm. Such a resolution shall be reduced to writing and a copy thereof mailed or furnished to the Firm and shall be final and conclusive.

  • Dispute Resolution and Arbitration The following procedures shall be used in the resolution of disputes:

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