Formal Arbitration. 7.1 Where a party insists on formal arbitration, that arbitration will be established and conducted in accordance with the arbitration procedure in this collective agreement, modified as necessary to comport with the Framework Agreement.
Formal Arbitration. (a) Where a grievance is to be determined by arbitration that is not suitable for expedited arbitration pursuant to Clause 9.2(a) above, either party may refer the grievance to the formal arbitration procedure.
Formal Arbitration. Disputes arising between BART and the Association regarding any grievance as defined in the first paragraph of this Section that the parties elect not to submit to the Review Board may be submitted to final and binding arbitration provided, however, that BART need not submit to arbitration, unless the District so elects, any grievance which deals solely with any Management rights decision or policy which affects the operation and conduct of the District’s business and which has no practical consequence or effect on the wages, hours, or other terms and conditions of employment of any employee covered by this Agreement. In the event the parties to this Agreement are unable to agree upon the selection of an arbitrator, then either party may request the California State Mediation and Conciliation Service to furnish a list of five (5) persons from which the arbitrator shall be selected. The parties shall within five (5) working days after the receipt of such list determine by lot the order of elimination and thereafter each shall in that order alternately eliminate one (1) name until only one (1) name remains. The remaining person on the list shall be the arbitrator. The decision of the arbitrator shall be final and binding. In any arbitration held pursuant to the Agreement the person acting as arbitrator shall act in a judicial, not legislative manner. The arbitrator shall not amend, modify, nullify, ignore, add to or subtract from the provisions of the Agreement but, rather, shall interpret and apply its terms. The arbitrator shall consider and decide only the issue or issues agreed upon by the parties, including the issue of arbitrability. If the parties are unable to decide upon the issue or issues to be submitted to the arbitrator, the arbitrator shall decide what the issue or issues are, based upon the grievance that was filed. If the arbitrator sustains the grievance, he or she shall fashion an appropriate remedy that does not conflict with provisions contained in this Agreement. The salary and expenses of the arbitrator shall be borne equally by the parties to the proceedings and all other expenses shall be paid by the party incurring them.
Formal Arbitration. All other types of disputes will be decided through formal arbitration as set forth in this Section B. An arbitration panel consisting of three past or present officers of life and health insurance or life and health reinsurance companies not affiliated with either of the Parties in any way will settle the dispute. Each Party will appoint one arbitrator within thirty (30) calendar days of the demand for formal arbitration and the two so appointed shall then appoint the umpire. If either Party refuses or neglects to appoint an arbitrator within the thirty (30) calendar days, the other Party may appoint the second arbitrator. If the two arbitrators cannot agree on the umpire within thirty (30) calendar days after both arbitrators have been appointed, the two arbitrators shall select an umpire pursuant to the Umpire Selection Procedure of the ARIAS-US Certifiex Xxxitrators List available at www.ARIAS-US.org. Xxxxxx xxxxxx (30) calendar days after the appointment of the umpire, the arbitration panel shall meet and determine timely periods for briefs, discovery procedures, and schedules for hearings. The arbitration shall take place at a location determined by the arbitration panel and, insofar as the arbitration panel looks to the substantive law, it shall consider the laws of the state of Connecticut. The arbitration panel shall have the power to set all procedural rules for the arbitration, including the discretion to make any order with respect to pleadings, discovery, depositions, scheduling, the hearing, reception of evidence and any other matter whatsoever relating to the conduct of the arbitration. Within sixty (60) calendar days after the beginning of the arbitration proceedings the arbitration panel will issue a written, reasoned, decision on the dispute and a statement of any award to be paid as a result. The decision will be based on the terms and conditions of this Agreement as well as the usual customs and practices of the insurance and reinsurance industry, rather than on strict interpretation of the law. The decision will be final and binding on both Parties and there will be no further appeal. Judgment upon the award may be entered in any court having jurisdiction thereof. In the absence of a decision to the contrary by the arbitration panel, each Party shall bear the expense of its own arbitration activities, including, but not limited to, its appointed arbitrator's fees, outside attorney fees, witness fees, expenses incurred in the taking or ...
Formal Arbitration. 11.2.1 All disputes arising in connection with this Agreement not resolved pursuant to Article 11.1 will be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce (ICC) by one or more arbitrators appointed in accordance with such Rules. If there is any conflict between the ICC Rules and this Agreement, the provisions of this Agreement will govern.
Formal Arbitration a) The parties agree to use the following arbitrators: Xxx Xxxxxx Xxxx Xxxxxx Xxxx Xxxxx
Formal Arbitration. The parties agree to follow the generally accepted practice and procedure for labor arbitrations. Each party shall bear all costs for presentation of its case. Cost of the arbitrator shall be equally shared by the parties. Where both parties agree to use a certified shorthand reporter, the cost for the reporter shall be equally shared by the parties. The arbitrator’s jurisdiction shall be strictly limited to determining whether there has been a violation of a provision of this Agreement. The arbitrator shall not have any power to add, subtract, modify, or establish any terms or conditions in this Agreement.
Formal Arbitration. (a) Grievances related to an indefinite suspension, a discharge or separation of employment, classification or a Corporation grievance referred to in Clause 19.02(e) shall be heard at arbitration using a formal hearing process.
Formal Arbitration. Any controversy or claim arising out ------------------ of or relating to this Agreement, or the breach thereof, shall be settled by final and binding arbitration pursuant to the Commercial Arbitration Rules ("Rules") of the American Arbitration Association ("AAA"). The arbitration shall be conducted in Denver, Colorado with a single arbitrator selected by both parties in accordance with the AAA Rules. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The completion of binding arbitration shall be a condition precedent to the commencement of any civil action in any court of competent jurisdiction to enter the final decision of the arbitrator.
Formal Arbitration. Notification Where a difference arising between the parties relating to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that a term or condition of this agreement has been violated, either of the parties may, after exhausting the grievance procedure in Article 12, notify the other party within thirty (30) days of the grievance(s) being filed at arbitration of its desire to submit the difference or allegations to formal arbitration.
