Substantive and Procedural Issues Sample Clauses
The 'substantive and procedural issues' clause defines how both the underlying rights and obligations (substantive issues) and the methods or processes for resolving disputes (procedural issues) will be determined in the context of an agreement. Typically, this clause specifies which jurisdiction’s laws will govern the substance of the contract and which rules or procedures will apply to any dispute resolution process, such as arbitration or litigation. By clearly allocating which legal standards and processes apply, the clause helps prevent confusion or conflict over which laws or procedures should be followed, thereby ensuring predictability and fairness in resolving disputes.
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Substantive and Procedural Issues. The arbitrator shall decide all substantive and procedural arbitrable issues. Upon request of either party, the merits of a grievance and the substantive and procedural arbitrability issues arising in connection with that grievance shall be consolidated for hearing before an arbitrator; provided, the arbitrator shall not resolve the question of a grievance prior to having heard the merits of the grievance.
