The Arbitrators Sample Clauses

The Arbitrators. Any arbitration proceeding shall be conducted by three (3) Arbitrators and the decision of the Arbitrators shall be binding on all parties. Each Arbitrator shall have substantial experience and expert competence in the matters being arbitrated. The party desiring to submit any matter relating to this Agreement to arbitration shall do so by written notice to the other party, which notice shall set forth the items to be arbitrated, such party's choice of Arbitrator, and such party's substantive position in the arbitration. The party receiving such notice shall, within fifteen (15) days after receipt of such notice, appoint an Arbitrator and notify the other party of its appointment and of its substantive position. The Arbitrators appointed by the parties to the Arbitration shall select an additional Arbitrator meeting the aforedescribed criteria. The Arbitrators shall be required to render a decision in accordance with the procedures set forth in Subparagraph (b) below within thirty (30) days after being notified of their selection. The fees of the Arbitrators shall be equally divided amongst the parties to the arbitration.
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The Arbitrators. (a) Shall have the necessary experience or expertise in public international law, international investment rules or international trade law, or in the settlement of disputes arising in connection with international investment agreements or international trade agreements; (b) Shall be independent and not bound by either Party or accept instructions from either Party; and (c) Comply with the World Trade Organization's "Rules of Conduct for the Implementation of the Dispute Settlement Understanding" and WTO dispute settlement procedures and procedures (WTO/DSB/RC/1 of 11 December 1996), or any other standard of conduct established by the Joint Committee.
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The Arbitrators. (i) The arbitration shall be conducted before a tribunal composed of three arbitrators. (ii) Each party to the dispute shall appoint an arbitrator, obtain its appointee’s acceptance of such appointment, and deliver written notification of such appointment and acceptance to the other party within 30 days after delivery of the response (as defined in and in accordance with the Arbitration Rules). (iii) The two arbitrators appointed by the parties shall jointly appoint the third arbitrator, obtain the appointee’s acceptance of such appointment, and notify the parties in writing of such appointment and acceptance within 30 days after their appointment and acceptance. The third arbitrator shall serve as the chairperson of the tribunal. (iv) If the appointment and acceptance of any appointed arbitrator appointed by a party or the chairperson are not timely effected, then, upon the joint request of the parties or the request of either of them, the AAA shall appoint the arbitrator or the chairperson, as the case may be, and obtain acceptance of such appointment. (v) Each arbitrator appointed pursuant to Section 16.12(c)(ii) shall be admitted either to the Bar of the State of New York or the Bar of the State of Texas and shall have been a partner of either a Texas-headquartered law firm with at least 500 lawyers or a New York-headquartered law firm with at least 500 lawyers and shall have expertise in the field of corporate transactions (including mergers and acquisitions and investment funds); provided, however, such arbitrator shall not have been a partner at Akin Gump Sxxxxxx Hxxxx & Fxxx LLP. The third arbitrator, who shall serve as the chairperson of the tribunal pursuant to Section 16.12(c)(iii), shall be admitted to the Bar of the State of Delaware and shall have been a partner at a nationally recognized Delaware law firm and shall have expertise in the field of corporate transactions (including mergers and acquisitions and investment funds). (vi) The parties intend that each of the arbitrators be independent and impartial. To this end, each arbitrator shall disclose to the parties and to the other members of the tribunal, any professional, familial, or social relationships, present or past, with any party or counsel. In the event that either party believes that any arbitrator is not independent and impartial, such party may apply for the removal of such arbitrator. Such application shall be made (a) if the arbitrator being challenged is the chairperson or i...
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The Arbitrators. The Parties shall select three (3) --------------- arbitrators (the "Arbitrators") to arbitrate Claims in accordance with these Procedures. Unless otherwise agreed by the Parties, the panel used will be selected from arbitrators through the American Arbitration Association. The Arbitrators shall not be liable to either Party in connection with the proceeding.
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The Arbitrators. Any proposed Arbitrator must, prior to appointment as Arbitrator, certify that he/she has read these Arbitration Terms and agrees to be bound by all of the provisions set forth herein, including, but not limited to, any time limitations set forth in these Arbitration Terms. Each of the Arbitrators shall have knowledge of patent law and patent licensing and (i) must not currently be, or have been within the past five years, a shareholder of any Party or an Affiliate of any Party; (ii) must not have, or had at any time, a business relationship with a Party; (iii) must not currently be, or have been at any time, an employee or director of a Party and (iv) must not represent, or have represented at any time, a Party; unless the other Parties waive each of these objections. Subject to the foregoing, the Arbitrators will be chosen by the Parties within thirty (30) calendar days after submission of the Demand to the Respondent and the AAA. The arbitration panel shall be composed of three Arbitrators, one of whom shall be selected by XXXX, one of whom shall be selected by the other Party (or Parties) to the dispute and the third of whom shall be a neutral arbitrator selected by the other two so selected. If both or either of XXXX and the other Party (or Parties) fails to select an arbitrator or arbitrators within such thirty (30) day period, or if the two arbitrators fail to select a third neutral arbitrator within fourteen (14) calendar days after their appointment, then the Arbitrators will be chosen pursuant to the procedures set forth in the Rules for the appointment from the National Panel of Commercial Arbitrators (the “Panel”) within thirty (30) calendar days of submission to the AAA by a Party of a request for appointment of an arbitrator or arbitrators. If during the course of the arbitration, any of the Arbitrators initially selected in accordance with the foregoing procedures dies or becomes otherwise unavailable to serve as Arbitrator, a substitute Arbitrator shall be chosen from the Panel pursuant to the procedures set forth in the Rules.
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The Arbitrators after being duly sworn to perform their duties with impartiality and fidelity, shall proceed with all reasonable dispatch to determine the question submitted, by first appointing an umpire, whose determination shall be conclusive in the event that the arbitrators and the umpire shall fail to render their decision within thirty (30) days after their appointment. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and the award of the arbitrators and/or umpire shall be binding, final and conclusive and non-appealable by the parties. The decision of the arbitrators and/or umpire shall be rendered within thirty (30) days after their appointment, and such decision shall be in writing and in duplicate, one counterpart thereof to be delivered to each of the parties. If within ten (10) days after their appointment. the arbitrators fail to agree upon the identity of the person to act as umpire, such umpire shall be appointed by the American Arbitration Association from its qualified panel of arbitrators, and shall be a person having at least ten (10) years' recent experience as to the subject matter in question.
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The Arbitrators. Should management fail to conduct a pre-disciplinary interview prior to initia- tion, the employee's due process rights are violated. Arbitrator Xxxxxxxx'x explanation in Case No. G90C-1G-D 95075476 said it best:
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The Arbitrators. Arbitral reference on management's obligation to investigate and manage- ment's reliance solely on the Postal Inspection Service Investigative Memorandum is exten- sive:
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The Arbitrators. Arbitral reference on the lack of authority to resolve the grievance issue is often intermingled with higher level review and concurrence since that is where the issue most of- ten manifests itself. The best of these decisions are quoted below:
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Related to The Arbitrators

  • Arbitrators (a) Within fifteen days after a valid Arbitration Demand Notice is given, the parties involved in the dispute, controversy or claim referenced therein shall attempt to select a sole arbitrator satisfactory to all such parties. (b) If such parties are not able jointly to select a sole arbitrator within such fifteen-day period, such parties shall each appoint an arbitrator within thirty days after delivery of the Arbitration Demand Notice. If one party appoints an arbitrator within such time period and the other party or parties fail to appoint an arbitrator within such time period, the arbitrator appointed by the one party shall be the sole arbitrator of the matter. (c) If a sole arbitrator is not selected pursuant to paragraph (a) or (b) above and, instead, two or more arbitrators are selected pursuant to paragraph (b) above, the arbitrators shall, within thirty days after the appointment of the later of them to be appointed, select an additional arbitrator who shall act as the sole arbitrator of the dispute. After selection of such sole arbitrator, the initial arbitrators shall have no further role with respect to the dispute. In the event that the arbitrators so appointed do not, within thirty days after the appointment of the later of them to be appointed, agree on the selection of the sole arbitrator, any party involved in such dispute may apply to the American Arbitration Association to select the sole arbitrator, which selection shall be made by such organization within thirty days after such application. Any arbitrator selected pursuant to this paragraph (c) shall be disinterested with respect to any of the parties and the matter and shall be reasonably competent in the applicable subject matter. (d) The sole arbitrator selected pursuant to paragraph (a), (b) or (c) above shall set a time for the hearing of the matter which will commence no later than ninety days after the date of appointment of the sole arbitrator pursuant to paragraph (a), (b) or (c) above and which hearing will be no longer than thirty days (unless in the judgment of the arbitrator the matter is unusually complex and sophisticated and thereby requires a longer time, in which event such hearing shall be no longer than ninety days). The final decision of such arbitrator will be rendered in writing to the parties not later than sixty days after the last hearing date, unless otherwise agreed by the parties in writing. (e) The place of any arbitration hereunder will be New York, New York, unless otherwise agreed by the parties.

  • Sole Arbitrator In the event that one party wishes to submit a grievance to Arbitration and is content that the matter be dealt with by a Sole Arbitrator as opposed to a tripartite Board of Arbitration as hereinbefore referred to, the party submitting the grievance to arbitration shall so signify when advising the other party and shall advise as to three (3) alternative choices as to a Sole Arbitrator in addition to that party's nominee to a tripartite board. The recipient of the notice shall in reply advise as to its nominee to a tripartite board and three (3) alternative choices as to a Sole Arbitrator. If the parties can agree to a Sole Arbitrator within twenty (20) days of the notice referring the matter to arbitration the matter shall be determined by a Sole Arbitrator and failing such agreement the regular Arbitration procedure shall apply.

  • 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.

  • Single Arbitrator Either of the parties to this Agreement is, in such event, to notify the other party in writing of its desire to submit the matter in dispute to arbitration and if the recipient of the said notice and the party desiring the arbitration do not, within a period of ten (10) days after the receipt of the said notice, agree upon a single arbitrator the appointment of a single arbitrator shall be made by the Minister of Labour for the Province of Ontario upon the request of either party.

  • Step Five – Arbitration 1. In the event the grievance is not referred to arbitration within the time limits prescribed, the grievance shall be considered resolved based upon the Step Four reply. 2. Upon receipt of a request for arbitration, the Township and the Lodge shall, jointly agree to an Arbitrator or request a list of seven (7) impartial labor Arbitrators from the Federal Mediation and Conciliation Service (FMCS) who have a business or residential address in Ohio and who are members of the National Academy of Arbitrators. Upon receipt of the list of seven (7) arbitrators, the parties shall select an arbitrator. The parties shall use the alternate strike method from the list of seven (7) arbitrators submitted to the parties by the FMCS. The first strike shall be by coin-toss and the parties shall then alternate in this manner until one (1) name remains on the list. The remaining name shall be designated as the Arbitrator to hear the dispute in question. Either party shall have the right to elect to reject the list in its entirety and to request the submission of a new seven (7) member panel, which election may only be exercised once. If the Lodge and Township have not jointly agreed to an arbitrator or neither party has made a request to the FMCS for a list of seven (7) arbitrators within 60 days of the Lodge’s written notice to arbitrate the grievance, the grievance shall be considered resolved and the issue will no longer be subject to the arbitration process. All procedures relative to the hearing shall be in accordance with the rules and regulations of the FMCS. The Arbitrator shall hold the arbitration promptly and issue a decision within a reasonable time thereafter. 3. The Arbitrator shall determine the grievance in accordance with the terms of the Agreement in effect on the date of the incident giving rise to the grievance. 4. The Arbitrator shall not have the authority to add to, subtract from, modify, change or alter any provision of this Agreement. The Arbitrator shall be confined solely to the issues submitted for arbitration. The Arbitrator shall not establish any new or different wage rates not negotiated as part of this Agreement. In cases of discharge or of suspension the Arbitrator shall have the authority to order modification of said discipline for the offense charged. In the event of a monetary award, the Arbitrator shall limit any retroactive settlement to no earlier time than forty-five (45) calendar days prior to the date the grievance was first presented. 5. The question of arbitrability of a grievance may be raised by either party before the arbitration hearing of the grievance, on the grounds that the matter is non-arbitrable or beyond the arbitrator's jurisdiction. The first question to be placed before the Arbitrator will be whether or not alleged grievance is arbitrable. If the Arbitrator determines the grievance is not arbitrable, the Arbitrator shall render no decision on the merits. 6. The decision of the Arbitrator shall be final and binding upon the Lodge, the member and the Township. Any cost involved in obtaining the list of arbitrators shall be equally divided between the Township and the Lodge. All costs directly related to the service of the Arbitrator shall be divided equally between the Township and the Lodge. Expenses, if any, of the witnesses shall be borne by the party calling the witness, except that member witnesses on duty time shall not lose any wages due from the Township. The fees of the court reporter shall be paid by the party asking for one. The fees of the court reporter shall be split equally if both parties desire a court reporter's recording, or request a copy of any transcript. The Township shall not incur any overtime expense as a result of this provision.

  • 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.

  • Mediation/Arbitration a. In the event of any dispute under this Agreement, the parties hereto desire to avoid litigation. Accordingly, the aggrieved party will give notice of the dispute to the other party and both parties will attempt to settle the dispute during the thirty (30) day period following such notice. If such dispute remains unsettled, the parties agree to then submit such dispute to mediation. If the parties cannot agree on a mediator, each will select a mediator and the two chosen mediators will select a third mediator who shall alone hear the dispute. Such mediation will, if possible, be conducted during the sixty (60) day period following expiration of the thirty (30) day period. If such mediation fails to resolve the dispute, the parties agree such dispute will be submitted to final and binding arbitration in accordance with the rules of the American Arbitration Association. Unless otherwise directed by the arbitrator, such arbitration must be concluded within ninety (90) days of the expiration of the sixty (60) day period previously specified for mediation. If the parties cannot agree on a single arbitrator, each will select an arbitrator, and the two chosen arbitrators will select a third arbitrator who shall alone decide the dispute. Any mediation or arbitration conducted hereunder will be conducted in Knoxville, Tennessee. The parties hereto shall equally share the costs of mediation (including the mediator’s fees and expenses and costs directly related to the conduct of the mediation, but excluding each party’s direct costs for transportation, attorneys, etc., for which each will be responsible). If any party fails to participate in mediation or arbitration after receipt of notice thereof, then each party hereto agrees that the other party shall have the right to proceed immediately to arbitration and that such other party shall be entitled to select the arbitrator in its sole discretion. Each party further agrees that, in such event, such arbitrator shall have the right to decide the dispute as if the non- participating party were participating in the arbitration and that such decision shall be final and binding upon each party hereto.

  • Arbitrator The arbitration will be conducted by one arbitrator skilled in the arbitration of executive employment matters. The parties to the arbitration will jointly appoint the arbitrator within 30 days after initiation of the arbitration. If the parties fail to appoint an arbitrator as provided above, an arbitrator with substantial experience in executive employment matters will be appointed by the AAA as provided in the Arbitration Rules. The Corporation will pay all of the fees, if any, and expenses of the arbitrator and the arbitration, unless otherwise determined by the arbitrator. Each party to the arbitration will be responsible for his/its respective attorneys fees or other costs of representation.

  • 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.

  • Step 4 - Arbitration a. If the Union is dissatisfied with the written decision at Step 2 or if the mediation is not successful, within twenty-five (25) days of the Step 2 meeting, the Union may advance the grievance to arbitration. Only the Union (not an individual Bargaining Unit Faculty member) may process a grievance to arbitration. b. Within thirty (30) days of notice of proceeding to arbitration, the Union and the College shall select an impartial third party to be Arbitrator. In the event the parties cannot agree on the selection of an impartial third party, they shall request a list of Arbitrators from Federal Mediation and Conciliation Service. c. Within five (5) days of receipt of the list, the parties shall alternately strike names from the list until one name remains. The person whose name remains shall be the Arbitrator. d. Each party shall bear the expense of preparing and presenting its own case. The costs of the arbitration proceedings, including compensation, fees and expenses of the Arbitrator, and the cost of any hearing transcript, shall be borne equally by the College and the Union. Unless otherwise mutually agreed, each arbitration hearing shall deal with no more than one (1) grievance. e. Subject to the availability of the Arbitrator selected, arbitration shall begin within thirty (30) days unless a delay is agreed upon by both parties. f. The Arbitrator shall have no power to add to, subtract from, modify or disregard any of the provisions of this Agreement. The decision of the Arbitrator shall be final and binding on the parties, although each side retains whatever rights it has under state or federal law to challenge the decision and award. The Arbitrator shall have no jurisdiction or authority to issue any award changing, modifying or restricting any action taken by the College on matters committed to the College’s discretion under Article 23, Management Rights, which are not further abridged by other terms of this Agreement. Jurisdiction shall extend solely to claims of violation of specific written provisions of the Agreement and involve only the interpretation and application of the Agreement.

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