Fast Track Arbitration Sample Clauses
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Fast Track Arbitration. A panel of six (6) arbitrators mutually selected shall hear cases on a rotating basis, not less than one day each month. The parties shall mutually select not less than three (3) nor more than six (6) cases to be heard on any day. The cost of arbitration shall be shared equally by the parties. A brief, summary decision shall be provided by the arbitrator within five (5) working days of hearing. The decision will be final and binding, but not precedential.
Fast Track Arbitration. (a) All grievances which may be processed pursuant to the Grievance Procedure in the collective agreement will be suitable for resolution by the fast track process upon mutual agreement of the two Parties after failure to resolve a grievance at Step 3 of the Grievance Procedure.
(b) The Union and the Employer agree that (name) arbitrator(s) will act as a single arbitrator to settle disputes.
(c) The arbitrator will utilize an expedited process with the following instructions:
(i) The Union and the Employer will not use lawyers for presentation;
(ii) The Parties will make every effort to arrive at a Statement of Agreed Facts prior to the hearing and will forward it to the arbitrator and the other Party as well as a copy of any document that it intends to use during the hearing including precedents and authorities;
(iii) Presentations will be short and concise;
(iv) Use of witnesses are discouraged;
(v) There will be minimal reliance upon case authorities during argument;
(vi) Whenever possible, the arbitrator will deliver his/her decision orally at the conclusion of the hearing by giving a brief resume of his/her reasons and confirm his/her conclusions in writing thereafter. In the event that this is not possible, the arbitrator will provide the Parties with a written decision within two (2) weeks of the hearing;
(vii) The decision of the arbitrator will be final and binding on the Parties. In no event will the arbitrator have the power to alter, modify or amend this Collective Agreement in any respect;
Fast Track Arbitration. The Parties agree to the following fast track arbitration process for those grievances filed subsequent to February 7, 1992.
(a) The Parties shall meet every four (4) months or as often as required to review all outstanding grievances to determine by mutual agreement those grievances suitable for this process, and shall set dates for hearings of groups of grievances considered suitable for fast track arbitration.
(b) All grievances shall be considered suitable for and resolved by fast track arbitration except grievances in the nature of:
(1) dismissal;
(2) suspension in excess of twenty (20) workdays;
(3) policy grievances;
(4) grievances requiring substantial interpretation of a provision of the Collective Agreement;
(5) grievances requiring presentation of extrinsic evidence;
(6) rejection on probation;
(7) grievances where a Party intends to raise a preliminary objection;
Fast Track Arbitration. The Seller or Buyer may elect to refer disputes to the Fast Track Arbitration Rules of NOMA if the aggregate amount of the claim and/or counterclaim in dispute does not exceed USD 500,000 or the equivalent amount in another currency, or such other amount as the parties have agreed. There shall be a sole arbitrator. The arbitration shall take place in Copenhagen. The language of the arbitration shall be English. Article 23
(1) second limb of the Fast Track Arbitration Rules of NOMA shall be modified so that the proceedings shall be conducted on the basis of documents only without any hearing, and the arbitrator may order a hearing at the request of a party only in exceptional circumstances. The arbitrator shall expedite the proceedings as swiftly as possible and render an award as soon as possible after the proceedings have closed.
Fast Track Arbitration. The Parties agree to the following fast track arbitration process for those grievances filed after the date of ratification of the Agreement:
Fast Track Arbitration. (a) Within sixty (60) days following the Effective Date, the Parties shall agree upon an independent third party mutually acceptable to all Parties (the “Fast-Track Arbitrator”) and an alternate third party (the “Alternate”) to decide Disputes or Controversies required by this Funding Agreement to be resolved by Fast-Track Arbitration. Within sixty (60) days from the fifth (5th) anniversary of the Effective Date and each successive fifth (5th) anniversary thereafter during the Funding Term, the Parties shall again agree upon independent third parties to be the Fast Tract Arbitrator and the Alternate; provided, however, that the Parties shall earlier agree on a replacement Fast Track Arbitrator and/or Alternate if the existing Fast Track Arbitrator and/or Alternate shall become unavailable in the reasonable opinion of a Party. If (i) the Parties are unable to agree on a third party to serve as the Fast-Track Arbitrator or the Alternate or (ii) if the Fast-Track Arbitrator or Alternate is unable or fails to act in such capacity, any Dispute or Controversy shall be referred to Regular Arbitration pursuant to Section 1.1 of this Appendix B.
(b) Arbitration known as “Fast-Track Arbitration” shall be conducted in accordance with the following procedures. Any Party may refer a Dispute or Controversy required to be resolved by Fast-Track Arbitration by providing written notice to the Fast-Track Arbitrator and the other Parties. Such notice shall include a clear statement of the matter(s) in dispute and a brief description (no longer than two (2) pages) of the Dispute or Controversy. If a Party gives written notice of the referral of such Dispute or Controversy to Fast Track Arbitration, the other Parties shall be bound to enter into Fast-Track Arbitration as provided in this Section 1.2 and may not resort to Regular Arbitration under the procedures of Section 1.1 of this Appendix B except for the last sentence of Section 1.2(a) and 1.2(d). The Parties may also mutually agree to enter into Fast-Track Arbitration to resolve any other Dispute or Controversy by providing joint written notice to the Fast-Track Arbitrator. In the event that the Fast-Track Arbitrator is unavailable to resolve the Dispute or Controversy within the time period stated in the next sentence, the Dispute or Controversy shall be referred to the Alternate. The Fast-Track Arbitrator or the Alternate, as the case may be (the “arbitrator”), shall be directed to resolve the Dispute or Controversy wi...
Fast Track Arbitration. The parties may opt for fast track arbitration and request the arbitral tribunal before the commencement of the arbitration proceeding to decide the reference in a fixed time frame of 3 to 6 months or any other time agreed between the parties, according to the Fast track arbitration, as under:
1. The arbitral tribunal will be authorized to decide the dispute on the written pleadings, documents and written submissions filed by the parties without any oral hearing.
2. The arbitral tribunal shall have power to call for any further information / clarification from the parties in addition to the pleadings and documents filed by them.
3. An oral hearing may be held if both the parties make a joint request or if the arbitral tribunal considers an oral hearing necessary in any particular case.
4. If an oral hearing is held the arbitral tribunal may dispense with any technical formalities and adopt such procedures as it deems appropriate and necessary for economic and expeditious disposal of the case.
Fast Track Arbitration. In the event Buyer believes that Seller has unreasonably refused to approve an Alternative Vendor Request based upon a failure to meet the AVR Requirements, Buyer shall have the right to request a fast-track arbitration pursuant to the Fast-Track Arbitration Provisions set forth below (in lieu of Section 8.2 of this Agreement) with respect to whether Seller's refusal to approve the Alternative Vendor Request based upon a failure to meet the AVR Requirements was reasonable or not. The terms, conditions and procedures of such fast-track arbitration are as follows (the "Fast-Track Arbitration Provisions"):
(i) Buyer shall request such arbitration with the American Arbitration Association ("AAA") through its Seattle office. The venue of such arbitration shall be in Seattle, Washington.
(ii) Such arbitration shall be conducted before a single arbitrator in accordance with AAA arbitration rules (under the general rules of commercial arbitration), provided that the arbitrator shall award, or include in his or her award, the specific performance of this Agreement unless it is determined that performance is
Fast Track Arbitration. Any controversy, dispute or claim arising under this Exhibit C shall be settled by arbitration in Boston, Massachusetts in accordance with the Expedited Arbitration Rules of the American Arbitration Association as then in effect (unless the parties mutually agree otherwise). The decision rendered by the arbitrator or arbitrators shall be final and conclusive upon Landlord and Tenant. To avail itself of the dispute resolution procedures of this Section 1.6, the party demanding arbitration shall file a written notice of such demand with the other party and with the American Arbitration Association. In connection with resolution of disputes submitted to arbitration hereunder, Landlord and Tenant hereby irrevocably waive any and all rights they may have to resolve such dispute in a manner that is inconsistent with the provisions of this Section 1.6. The costs and administration expenses of each arbitration hereunder shall be borne equally by the parties, and each party shall be responsible for its own attorneys’ fees and expert witnesses’ fees. In connection with the foregoing, it is expressly understood and agreed that the parties shall continue to perform their respective obligations under the Lease and this Exhibit C during the pendency of any arbitration proceeding hereunder (with any adjustments or reallocations to be made on account of such continued performance as determined by the arbitrator in his or her award).
Fast Track Arbitration. Either party may elect to resolve a dispute as to the royalty to be paid under Section 4.2 or 4.3 by binding fast-track arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures, such arbitration to be held before a single arbitrator agreed upon by the parties to such dispute in New York, New York. The arbitration shall commence no later than 30 days after selection of the arbitrator, subject only to the arbitrator's availability or the arbitrator's decision to delay the proceeding. The costs of arbitration shall be shared equally by the parties to the arbitration. Any settlement reached by arbitration shall be recorded in writing, signed by the parties, and shall be binding on them. The parties shall instruct the arbitrator to deliver a decision no later than 30 days after the completion of the arbitration hearing or the completion of the written submissions of the parties if a hearing is waived.
