Arbitration Policy Sample Clauses

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Arbitration Policy. Subject to the Company’s right to seek injunctive or other equitable relief as specified in Section 5.4 of this Agreement or in the Proprietary Information and Inventions Agreement, the Parties agree that arbitration is the required and exclusive forum for the resolution of any and all disputes between them, including claims arising under statute, common law, or this Agreement. This mandatory arbitration provision includes without limitation any claims or actions under Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1866 (“Section 1981”), the Americans with Disabilities Act, the Family and Medical Leave Act, the Age Discrimination in Employment Act, the Fair Labor Standards Act, the Equal Pay Act, the Employee Retirement Income Security Act, and any other federal, state or local statute, law or regulation regarding employment, employment discrimination, terms and conditions of employment, compensation or termination of employment. This mandatory arbitration provision includes any dispute between the Executive and the Company or its parents, subsidiaries and affiliates, and its and their current and former officers, directors, employees and agents. Any covered dispute must be submitted to arbitration in accordance with the National Rules for the Resolution of Employment Disputes of the American Arbitration Association. Any such arbitration will be conducted in ▇▇▇▇▇▇▇▇▇▇ County, Maryland, and will be decided in accordance with and determined by the laws of the State of Maryland and/or applicable federal law. The Executive specifically agrees that the Company may seek specific performance of this provision, as well as other injunctive relief, from the state or federal courts in Maryland. The arbitrator shall not have the authority to award punitive damages, costs or attorneys’ fees to either Party except where expressly provided for by the applicable law. Except as otherwise provided by applicable law, the administrative costs of the arbitration (filing fees, cost for the arbitration site, other AAA fees, arbitrator’s fee) shall be divided equally between the parties. In the event that the National Rules for the Resolution of Employment Disputes of the American Arbitration Association, any express statutory provisions, or controlling case law conflicts with this allocation and requires the payment of administrative costs of arbitration by the Company, the administrative costs of arbitration will be paid by the Company. The fees and expense...
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Arbitration Policy. Every student and The Art Institute of Atlanta-Decatur agrees that any dispute or claim between the student and The Art Institute of Atlanta-Decatur (or any company affiliated with The Art Institute of Atlanta-Decatur, or any of its officers, directors, trustees, employees or agents) arising out of or relating to a student’s enrollment or attendance at The Art Institute of Atlanta-Decatur whether such dispute arises before, during, or after the student’s attendance and whether the dispute is based on contract, tort, statute, or otherwise, shall be, at the student’s or The Art Institute of Atlanta-Decatur’s election, submitted to and resolved by individual binding arbitration pursuant to the terms described herein. This policy, however, is not intended to modify a student’s right, if any, to file a grievance with any state educational licensing agency. Either party may elect to pursue arbitration upon written notice to the other party. Such notice must describe the nature of the controversy and the remedy sought. If a party elects to pursue arbitration, it should initiate such proceedings with JAMS, which will serve as the arbitration administrator pursuant to its rules of procedure. JAMS can be contacted as follows: JAMS, ▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇, ▇▇▇▇▇, ▇▇▇.▇▇▇▇▇▇▇.▇▇▇, 800-352-5267. This provision does not preclude the parties from mutually agreeing to an alternate arbitration forum or administrator in a particular circumstance. If either party wishes to propose such an alternate forum or administrator, it should do so within twenty (20) days of its receipt of the other party’s intent to arbitrate. The Art Institute of Atlanta-Decatur agrees that it will not elect to arbitrate any undividable claim of less than the relevant jurisdictional threshold that a student may bring in small claims court (or in a similar court of limited jurisdiction subject to expedited procedures). If that claim is transferred or appealed to a different court, however, or if a student’s claim exceeds the relevant jurisdictional threshold The Art Institute of Atlanta- Decatur reserves the right to elect arbitration and, if it does so, each student agrees that the matter will be resolved by binding arbitration pursuant to the terms of this Section. IF EITHER A STUDENT OR THE ART INSTITUTE OF ATLANTA- DECATUR CHOOSES ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL, TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED IN THE APPLICABLE ARBITRATION RULES, OR OTHERWI...
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Arbitration Policy. In addition, your employment is conditioned upon satisfactory proof of your right to work in the United States.
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Arbitration Policy. As an accommodation to its customers, EBlock provides Arbitration Services for disputes that may develop between Buyers and Sellers, in connection with undisclosed conditions or breaches of guarantees that may exist on vehicles that are sold through EBlock. Such Arbitration services shall be performed at the discretion of, and pursuant to the Arbitration Policies of EBlock and the NAAA. In order to enter Arbitration, the Buyer must give EBlock notice through the EBlock App of the undisclosed condition or breach of guarantees within the specified time parameters, depending on the type of condition or breach of guarantee. If the Buyer fails to give notice within the specified time frames, EBlock shall have no duty or obligation to provide Arbitration Services and the sale will be final.
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Arbitration Policy. You and The Art Institute agree that any dispute or claim between you and The Art Institute (or any company affiliated with The Art Institute, or any of its officers, directors, trustees, employees or agents) arising out of or relating to this Enrollment Agreement or, absent such agreement, your enrollment or attendance at The Art Institute, whether such dispute arises before, during, or after your attendance and whether the dispute is based on contract, tort, statute, or otherwise, shall be, at your or The Art Institute’s election, submitted to and resolved by individual binding arbitration pursuant to the terms described herein. If you decide to initiate arbitration, you may select either JAMS or the National Arbitration Forum (“NAF”) to serve as the arbitration administrator pursuant to its rules of procedure. If The Art Institute intends to initiate arbitration, it will notify you in writing by regular mail at your latest address on file with the college, and you will have 20 days from the date of the letter to select one of these organizations as the administrator. If you fail to select an administrator within that 20-day period, The Art Institute will select one. The Art Institute agrees that it will not elect to arbitrate any individual claim of less than $5,000 that you bring in small claims court (or in a similar court of limited jurisdiction subject to expedited procedures). If that claim is transferred or appealed to a different court, however, or if your claim exceeds $5,000, The Art Institute reserves the right to elect arbitration and, if it does so, you agree that the matter will be resolved by binding arbitration pursuant to the terms of this Section. If either you or The Art Institute chooses arbitration, neither party will have the right to a jury trial, to engage in discovery, except as provided in the applicable arbitration rules, or otherwise to litigate the dispute or claim in any court (other than in small claims or similar court, as set forth in the preceding paragraph, or in an action to enforce the arbitrator’s award). Further, you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration. The arbitrator’s decision will be final and binding. Other rights that you or The Art Institute would have in court also may not be available in arbitration. The arbitrator shall have no authority to arbitrate claims on a class action basis, and claims brought by...
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Arbitration Policy. I and The Art Institute agree that any dispute or claim between me and The Art Institute (or any company affiliated with The Art Institute, or any of its officers, directors, trustees, employees or agents) arising out of or relating to this enrollment agreement or, absent such agreement, my enrollment or attendance at The Art Institute of Charleston, whether such dispute arises before, during, or after my attendance and whether the dispute is based on contract, tort, statute, or otherwise, shall be, at my or The Art Institute’s election, submitted to and resolved by the individual binding arbitration pursuant to the terms described herein. The full and complete arbitration policy is found on page 10 and is part of this agreement.
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Arbitration Policy. Please read this provision of this Arbitration Policy carefully and secure representation by an independent lawyer to assist you in considering whether to agree to the terms of this Agreement and Arbitration Policy. The Arbitration Policy provides that any dispute between the parties of the Flat Fee Agreement must be resolved by binding MANDATORY (!) arbitration. Arbitration replaces the right to go to court, including the right for a jury trial and/or the right to participate in a class action and/or similar proceedings. In arbitration, a dispute is resolved by an arbitrator instead of a judge and/or jury. Arbitration procedures are similar and more limited than court procedures. Matters subject to the binding arbitration: all matters other then initial motions in equity filed under exigent circumstances. There matters include, but are not limited to, all and any matters related to the application, enforceability, and/or interpretation of the Flat Fee Agreement and this Arbitration Policy; all and any matters of reimbursement and/or advancement of arbitration fees; all and any matters of professional misconduct, negligence, incompetence, ineffective assistance, misrepresentation, bad faith, intentional infliction of emotional distress, reckless endangerment, breach of contract, improper disclosure, defamation, malicious persecution; all and any matters of ethical violations and/or misconduct, prejudice, discrimination, sexual harassment, alienation of affection; all and any matters of improper disclosure, breach of attorney-client privilege, breach of fiduciary duty, professional misconduct, consumer and/or insurance fraud, misappropriation of funds, legal and/or medical malpractice; all and any torts whatsoever without exclusion and/or limitation; all and any matters of fee disputes and/or disgorgement of fees; all and any matters that may arise between the parties; all and any matters that may be brought up based on any legal theory whatsoever, whether know or unknown. Not only all and any claims arising between the parties of the Retainer Agreement, but also all and any claims arising between agents, associates, employees, representatives, attorney-in-facts, affiliated persons and/or companies, predecessors, successors, heirs, heir assignees, trustees in bankruptcy of the parties of the Agreement. Governing Law. The binding arbitration provisions are governed by the Federal Arbitration Act. Broadest interpretation: any questions about whether claims an...
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Arbitration Policy. Arbitration Policies. We offer an arbitration service to resolve disputes between Buyers and Sellers. Our arbitration service is governed by the terms and conditions (collectively, the “AutoBids Arbitration Policy”). The arbitration process is designed to be fair, impartial, quick, and economical.
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Related to Arbitration Policy

  • Arbitration Procedures In the event that the teacher and the School Board are unable to resolve any grievance, the grievance may be submitted to arbitration as defined herein: 1. Request: A request to submit a grievance to arbitration must be in writing signed by the aggrieved party, and such request must be filed in the office of the superintendent within ten (10) days following the decision in Level III of the grievance procedure.

  • GRIEVANCE AND ARBITRATION PROCEDURES 8.01 Any employee(s) or the Union may present a complaint at any time without recourse to the formal written procedure contained herein. Failure to comply with this step, or the manner in which it is complied with shall not interfere with the formal grievance procedure, nor shall this step be subject of preliminary objections in any arbitration hearing. 8.02 At any step in the grievance procedure, including the complaint stage, the employee may be accompanied by his/her employee representative. 8.03 Grievances shall be registered with the Employer as follows: Step No. 1 An employee(s) or the Union on his/her/their behalf or in its own stead may present a grievance in writing to the Director of Care. Such grievance must be presented within ten (10) days of the date of its occurrence or when the employee or the Union reasonably ought to have been aware of this occurrence. The Director of Care shall render a decision in writing in ten (10) days following the day on which the grievance was submitted. If this decision is unsatisfactory to the employee(s) or the Union, Step No. 2 may be followed within ten (10) days. The grievance in writing shall be referred to the Administrator of the Home or designate who shall call a meeting of the Grievance Committee at the request of either party within seven (7) days of the filing of the grievance or such further period as the parties may agree. Within three (3) days following this meeting or within ten (10) days following the submission to the Administrator of the Home or designate if no such meeting is held, the Administrator of the Home or designate shall reply in writing to the employee(s) and the Chairperson of the Grievance Committee. If this decision is unsatisfactory to the employee(s) or the Union, Step No. 3 may be followed within ten (10) days. Within ten (10) days after the decision is given at Step No. 2 the grievance may be referred to the Chief Administrative Officer of the County or designate and the employee accompanied by his/her representative shall meet within ten (10) working days with the Chief Administrative Officer and Committee of Management or their designates. The employee may also be accompanied by a full-time representative of the Union if so desired at this stage. The Employer will render a decision in writing within ten (10) days following such meeting. If the decision is unsatisfactory to the employee(s) or the Union, it may be referred to arbitration. 8.04 A policy grievance may be presented by either the Union or the Employer at Step 2 of the Grievance Procedure. 8.05 Notwithstanding any other provisions of this Article, should the Employer discharge, suspend or discipline an employee or employees, notification by the Employer to such employee or employees shall be made in the presence of a member of the Union. Should the employee(s) or the Union on his/her/their behalf file a grievance against the discharge, suspension or discipline, it shall be reduced to writing and filed within ten (10) days under Step No. 3 of the Grievance Procedure. 8.06 Before any grievance is submitted to arbitration, the parties may meet with a Grievance Mediator in order to attempt to resolve such grievance. The parties may refer any number of outstanding grievances to the Grievance Mediator for possible resolution. Each party shall pay one-half (1/2) of the fees and expenses of the Grievance Mediator. 8.07 When either party requests that a grievance be submitted to arbitration, the grievance shall be submitted to one of the following panel of sole Arbitrators: ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ If a grievance has already been submitted to one of the Panel of Arbitrators, then any subsequent grievances shall be submitted to the next Arbitrator on the Panel. In order to accept an appointment, the Arbitrator must agree to render an award within thirty (30) days of the last day of hearing. 8.08 In the event that the parties mutually agree to refer a grievance to a tripartite Arbitration Board, the party requesting arbitration shall advise the other of its nominee to the Arbitration Board. Within ten (10) days thereafter, the other party shall answer, in writing, indicating the name and address of its appointee to the Arbitration Board. The Chair shall be selected from the Panel of Arbitrators set out in paragraph 8.07 above. 8.09 Once appointed, the Arbitration Board or single Arbitrator shall have all the powers set out in Section 50 of the Labour Relations Act including the power to mediate/arbitrate the grievance and to limit evidence and submissions. 8.10 Each party shall pay the costs and expenses of its appointees and the costs and expenses of the Chairperson shall be borne equally by the parties. Arbitration hearings shall be held in the community of the Employer or at such other places as may be agreed upon by the Union and the Employer. 8.11 The Arbitration Board shall not have jurisdiction to amend or add to any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, nor to give any decision inconsistent with the terms and provisions of this Agreement. 8.12 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 8.13 Any time limit referred to in the Grievance and Arbitration Procedures shall be exclusive of Saturdays, Sundays and holidays observed by the Employer and the days off of the aggrieved employee including vacation, and such limits may be extended with the agreement of both parties.

  • GRIEVANCE ARBITRATION PROCEDURE 8.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 It is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse has no grievance until she has first given the Unit Manager the opportunity of adjusting her complaint. Such complaint shall be discussed with the Unit Manager within ten (10) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the nurse and failing settlement within five (5) days, it shall then be taken up as a grievance within ten (10) days following the Unit Manager's decision in the following manner and sequence: The nurse may submit a written grievance on the form set out in Appendix "A", signed by her, to the Unit Manager. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Unit Manager will deliver her decision in writing within five (5) days of the submission of the grievance. Failing settlement, then: Within five (5) days following the decision in Step No. 1, the nurse may submit the written grievance to the Director of Resident Care who will deliver her decision, in writing, within five (5) days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within ten (10) days of receiving the decision under Step 2, the grievance, in writing, may be referred to the Chief Executive Officer who shall call a meeting of the Grievance Committee within five (5) days of receipt of same. Within five (5) days following the meeting, the Chief Executive Officer shall reply, in writing, to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writing.

  • GRIEVANCE AND ARBITRATION PROCEDURE 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.

  • 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.