Procedural Arbitrability Sample Clauses
Procedural Arbitrability. If either the University or the Union timely raises an issue of procedural arbitrability at any time, the arbitrator shall hear and decide the issue of procedural arbitrability before hearing any evidence or statement regarding the merits of the grievance. The arbitrator shall not be automatically disqualified from hearing the substance of the grievance by reason of determining arbitrability.
Procedural Arbitrability. Even if the parties hadn’t expressly reserved disputes over the agreement’s terms for arbitration, the arbitrator would still be the adjudicator of those issues.74 Under the FAA, it is presumed that parties that enter into arbitration agreements implicitly authorize the arbitrator to adopt such procedures as are necessary to give effect to the parties’ agreement.75 Thus, procedural questions which grow out of the dispute and bear on its final disposition are presumptively not for the judge, but for the arbitrator to decide.76 And questions of timeliness are ones of procedural, not substantive, arbitrability.77 They are, therefore, questions for the arbitrator to decide.78 73 Agreement at § 2. 74 See Howsam v. ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, Inc., 537 U.S. 79, 84 (2002).