Arbitration Hearing; Discovery; Venue Sample Clauses

Arbitration Hearing; Discovery; Venue. The arbitration hearing shall commence within ten (10) calendar days of appointment of the third arbitrator as described in Subsection (5). The hearing shall in no event last longer than two (2) calendar days. There shall be no discovery or dispositive motion practice (such as motions for summary judgment or to dismiss or the like) except as may be permitted by the arbitrators; and any such discovery or dispositive motion practice permitted by the arbitrators shall accommodate to the maximum extent practical the time limits contained herein. The arbitrators shall not be bound by any rules of civil procedure or evidence, but rather shall consider such writings and oral presentations as reasonable business persons would use in the conduct of their day to day affairs, and may require the parties to submit some or all of their case by written declaration or such other manner of presentation as the arbitrators may determine to be appropriate. It is the intention of the parties to limit live testimony and cross examination to the extent absolutely necessary to insure a fair hearing to the parties on significant and material issues. Venue of any arbitration hearing conducted pursuant to this Section shall be in Seattle, Washington. It is also the intention of the parties that any such arbitration shall not interfere with the continued use and occupancy of the Premises by Lessee.
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Arbitration Hearing; Discovery; Venue. The arbitration hearing shall commence within thirty (30) calendar days of appointment of the single or third arbitrator, as applicable, as described in Section 14.2. There shall be no dispositive motion practice (such as motions for summary judgment or to dismiss or the like) except as may be permitted by the arbitrators. All arbitration shall be conducted in accordance with the rules of the American Arbitration Association, except that discovery shall be permitted in accordance with the Federal Rules of Civil Procedure. Venue of any arbitration hearing pursuant to this Article XIV shall be in the metropolitan Atlanta, Georgia area. Each party shall bear the cost of preparing and executing its own case.
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Arbitration Hearing; Discovery; Venue. The arbitration hearing shall commence within thirty (30) calendar days of appointment of the sole or third arbitrator as described in Section 3. The hearing shall in no event last longer than two (2) calendar days. There shall be no discovery or dispositive motion practice (such as motions for summary judgment or to dismiss or the like) except as may be permitted by the arbitrator(s); and any such discovery or dispositive motion practice permitted by the arbitrator(s) shall not in any way conflict with the time limits contained herein. The arbitrator(s) shall not be bound by any rules of civil procedure or evidence, but rather shall consider such writings and oral presentations as reasonable business persons would use in the conduct of their day to day affairs, and may require the parties to submit some or all of their case by written declaration or such other manner of presentation as the arbitrator(s) may determine to be appropriate. It is the
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Arbitration Hearing; Discovery; Venue. The arbitration hearing shall commence within thirty days after selection of the panel. The hearing shall in no event last longer than two days. There shall be no discovery or dispositive motion practice (such as motions for summary judgment or to dismiss or the like) except as may be permitted by the panel, and any such discovery or dispositive motion practice permitted by the panel shall not in any way conflict with the time limits contained herein. The panel shall not be bound by any rules of civil procedure or evidence, but rather shall consider submissions made by Landlord or Tenant (or their respective counsel) as to writings and oral presentations and whether the parties should submit some or all of their case by written declaration or such other manner of presentation as the panel may determine to be appropriate. It is the intention of the parties to limit live testimony and cross examination to the extent necessary to ensure a fair hearing to the parties on significant and material issues. Venue of any arbitration hearing pursuant to this Article 12.0 shall be in Toronto, Ontario.
Sample 1
Arbitration Hearing; Discovery; Venue. The arbitration hearing shall commence within sixty
Sample 1
Arbitration Hearing; Discovery; Venue. The arbitration hearing shall commence within ten (10) calendar days of appointment of the third arbitrator as described in Section 2E(4). The hearing shall in no event last longer than two (2) calendar days. There shall be no discovery or dispositive motion practice (such as motions for summary judgment or to dismiss or the like) except as may be permitted by the arbitrators; and any such discovery or dispositive motion practice permitted by the arbitrators shall accommodate to the maximum extent practical the time limits contained herein. The arbitrators shall not be bound by any rules of civil procedure or evidence, but rather shall consider such writings and oral presentations as reasonable business persons would use in the conduct of their day to day affairs, and may require the parties to submit some or all of their case by written declaration or such other manner of presentation as the arbitrators may determine to be appropriate. It is the intention of the parties to limit live testimony and cross examination to the extent absolutely necessary to insure a fair hearing to the parties on significant and material issues. Venue of any arbitration hearing conducted pursuant to this Section shall be in Seattle, Washington.
Sample 1
Arbitration Hearing; Discovery; Venue. The arbitration hearing shall commence within thirty days after selection of the panel. The hearing shall in no event last longer than two days. There shall be no discovery or dispositive motion practice (such as motions for summary judgment or to dismiss or the like) except as may be permitted by the panel, and any such discovery or dispositive motion practice permitted by the panel shall not in any way conflict with the time limits contained herein. The panel shall not be bound by any rules of civil procedure or evidence, but rather shall consider submissions made by Landlord or Tenant (or their respective counsel) as to writings and oral presentations and whether the parties should submit some or all of their case by written declaration or such other manner of presentation as the panel may determine to be appropriate. It is the intention of the parties to limit live testimony and cross examination to the extent necessary to ensure a fair hearing to the parties on significant and material issues. Venue of any arbitration hearing pursuant to this Article 12.0 shall be in Xxxxxxx, Xxxxxxx.
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Related to Arbitration Hearing; Discovery; Venue

  • Arbitration Hearings a. Thirty (30) days prior to the start of each calendar quarter the Director of the USW Arbitration Department (or his designee) shall provide the parties with a calendar listing hearing dates for that quarter and be responsible for scheduling the hearings.

  • 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 LGIA 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(s) must also be filed with FERC if it affects jurisdictional rates, terms and conditions of service, Interconnection Facilities, or Network Upgrades.

  • Step Five – Arbitration a. When CRONA has requested arbitration in accordance with this Section, CRONA and a representative designated by the Employer shall attempt to reach Agreement on an arbitrator by informal discussion. If agreement has not been reached within five (5) working days of the request for arbitration, the arbitrator shall be selected from the following five (5) persons by the alternative striking of names, with the Employer striking first, until one remains, who shall be the arbitrator: Xxxxxxxxx Xxxx, Xxxxx Xxxxxxxxx Xxxxxxxx, Xxxxx Xxxxxx, Xxxxxxx Xxxxxxxx, Xxxxx Xxxxxxxx, Xxxxxxxxx Xxxxxxx, and Xxxxxxxx Xxxxxx. The first strike for arbitrators will be rotated between CRONA and the Employer.

  • Grievance Arbitration Notwithstanding any other provision of this Agreement, for the purposes of this Article, an Employee has the right to grieve any filling of a vacancy or Assignment in the bargaining unit.

  • Step Four - Arbitration 15.6.1. If a grievance is not resolved at Step Three, the Association may request a hearing before an arbitrator. The request shall be filed in the Human Resource Services Division or designee within fifteen (15) workdays after the written decision of the division representative becomes effective.

  • Step 4 - Arbitration If the grievance is not settled on the basis of the foregoing procedures, the Association may submit the issue in writing to final and binding arbitration within ten (10) calendar days following receipt of the Chief Operating Officer or Chief Administrative Officer’s or designee’s response. Within ten (10) calendar days of the notification that the dispute is submitted for arbitration, the Association shall request the Federal Mediation and Conciliation Service to supply a list of eleven (11) arbitrators and the parties shall alternatively strike names from such list until the name of one (1) arbitrator remains who shall be the arbitrator. The party to strike the first name shall be determined by coin toss. In consultation with the arbitrator the Parties shall choose a date for the hearing. The arbitrator’s decision shall be final and binding, subject to limits of authority stated herein. The arbitrator shall have no authority or power to add to, delete from, disregard, or alter any of the provisions of this Agreement, but shall be authorized only to interpret the existing provisions of this Agreement as they may apply to the specific facts of the issue in dispute. The arbitrator shall base his or her decision solely on the contractual obligations expressed in this Agreement. If the arbitrator should find that the Employer was not prohibited by this Agreement from taking, or not taking, the action grieved, he or she shall have no authority to change or restrict the Employer’s action. The arbitrator shall not reverse the Employer’s exercise of discretion in any particular instance and substitute his or her own judgment or determination for that of the Employer. If a nurse feels the Employer’s determination is based upon bad faith, is arbitrary and capricious, is based on irrelevant information or favoritism, the nurse shall have recourse to the grievance procedure. Any dispute as to procedure shall be heard and decided by the arbitrator in a separate proceeding prior to any hearing on the merits. Any dismissal of a grievance by the arbitrator, whether on the merits or on procedural grounds, shall bar any further arbitration. Each party shall bear one-half (½) of the fee of the arbitrator and any other expense jointly incurred by mutual agreement incident to the arbitration hearing. All other expenses, including any costs or attorneys’ fees, shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other party.

  • GRIEVANCE ARBITRATION PROCEDURE The Grievance-Arbitration Procedure set forth in Sections 16.32 through 16.38 shall be applicable only to disputes arising under Division C of this article.

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