Procedure for Arbitration Sample Clauses

Procedure for Arbitration. (1) The parties hereby agree that any controversy, dispute or claim arising out of, or relating to, this Agreement, or breach of this Agreement, including disputes concerning termination of this Agreement, shall be settled by arbitration in San Mateo, California. This agreement to arbitrate shall be specifically enforceable. Judgment upon any award rendered by an arbitrator may be entered in any court having jurisdiction. (2) Any demand for arbitration must be served on the other party within forty-five (45) days of the act or omission giving rise to the controversy, dispute or claim. (3) There shall be one impartial arbitrator chosen by the parties from a list procured from the California Mediation and Conciliation Service. (4) The arbitrator shall not extend, modify or suspend any of the terms of this Agreement. (5) The decision of the Arbitrator within the scope of the submission shall be final and binding on all parties, and any right to judicial action on any matter subject to arbitration hereunder is hereby waived (unless otherwise provided by applicable law), except suit to enforce this arbitration award. (6) Executive agrees that such arbitration shall be the exclusive forum for any controversy, dispute or claim arising out of or relating to this Agreement, or breach or termination of this Agreement. Executive further expressly agrees that in arbitration his exclusive remedy shall be a money award not to exceed the amount of wages he would have earned under this Agreement but for the alleged violation and the Executive shall not be entitled to any other remedy, at law or in equity, including but not limited to reinstatement, other money damages, punitive damages and/or injunctive relief. (7) Each party shall pay such party's own attorney or other representative, and the expenses of such party's witnesses and all other expenses connected with his case. Other costs of the arbitration, including the cost of any record or transcript of the arbitration, administrative fees, arbitrator's fees, and all other fees and costs, shall be borne by the Corporation; provided, however, that at the discretion of the Arbitrator, and upon a preponderance of the evidence that one of the parties has engaged in malice, fraud or oppression relating to the termination of the Executive's employment, reasonable attorney's fees and costs may be awarded to the other party.

Procedure for Arbitration. It shall be the responsibility of the party desiring Arbitration to so inform the other party in writing in the case of: 1) an employee grievance within fourteen (14) calendar days after the General Manager or his designate has rendered a decision or failed to render a decision as provided for in Section 6.2(b); 2) a Company grievance within fourteen (14) calendar days after the meeting with the Union representative; 3) a Union grievance within fourteen (14) calendar days after the meeting with the Company's representative.

Procedure for Arbitration. 8.1. The arbitration shall take place at the dates and times to be set by the Arbitrator in consultation with the parties (and their counsel, if applicable). 8.2. The procedure for the arbitration shall be determined by the Arbitrator in consultation with the parties (and their counsel, if applicable). 8.3. The Arbitrator may impose standard process protocols from time to time that will form part of this agreement. Standard Protocol “A” is attached hereto. 8.4. The Arbitrator may determine a timetable for the delivery of briefs, financial disclosure and other documents. 8.5. Notwithstanding the provisions of s. 53 of the Arbitration Act, the Arbitrator may deliver Notices, Directions, Awards, and other communications by e-mail. 8.6. If a hearing is held and unless the parties agree otherwise: (a) All witnesses shall be sworn under oath or affirmed and shall be subject to cross examination and re-examination, except that the Arbitrator may direct that some or all of the evidence be given by affidavit in such manner as the Arbitrator may direct; and (b) The parties choose the following rules for admissibility of evidence: s. 15 of the Statutory Powers Procedure Act R.S. O., 1990, c. 22 or All usual rules for admissibility of evidence in court proceedings as amended by the Arbitration Act, the Family Law Rules and the Rules of Civil Procedure, where applicable. 8.7. The parties agree: (Select one) There shall not be a reporter; or There shall be a reporter appointed as required for all or part of any arbitration as determined by the Arbitrator in consultation with the parties (and counsel, if applicable).

Procedure for Arbitration. (a) The arbitral tribunal shall consist of three arbitrators. The claimant(s), irrespective of number, shall nominate jointly one arbitrator; the respondent(s), irrespective of number, shall nominate jointly the second arbitrator; and a third arbitrator, who shall serve as Chairman (who shall be a lawyer currently qualified in England and Wales and be admitted to the Bar of England and Wales), shall be appointed by the LCIA Court as soon as possible and, in any event, within 15 days of the appointment of the second arbitrator. (b) In the event the claimant(s) or the respondent(s) shall fail to nominate an arbitrator within the time limits specified in the Rules, such arbitrator shall be appointed by the LCIA Court as soon as possible and, in any event, within 15 days of such failure. In the event that both the claimant(s) and the respondent(s) fail to nominate an arbitrator within the time limits specified in the Rules, all three arbitrators shall be appointed by the LCIA Court as soon as possible and, in any event, within 15 days of such failure who shall designate one of them as chairman. (c) If all the parties to an arbitration so agree, there shall be a sole arbitrator appointed by the LCIA Court as soon as possible and, in any event, within 15 days of such agreement. (d) The seat of arbitration shall be London, England, and the language of the arbitration shall be English. (e) Where disputes arise under this Deed and/or any other Finance Document which, in the reasonable opinion of the first arbitrator to be appointed by a Finance Party in any of the disputes, are so closely connected that it is expedient for them to be resolved in the same proceedings, that arbitrator shall have the power to order that the proceedings to resolve that dispute shall be consolidated with those to resolve any of the other disputes (whether or not proceedings to resolve those other disputes have been instituted), provided that no date for the final hearing of the first arbitration has been fixed. If he so orders, the parties to each dispute which is subject to his order shall be treated as having consented to that dispute being finally decided: (i) by the arbitrator who ordered the consolidation unless the LCIA Court decides that he would not be suitable or impartial; and (ii) in accordance with the procedure, at the seat and in the language specified in the arbitration agreement in the contract under which the arbitrator who ordered the consolidation was appointed, save ...

Procedure for Arbitration. The arbitration shall proceed according to the Oregon statutes governing arbitration, and the award of the arbitrator shall have the effect therein provided. The arbitration shall take place in Deschutes County. Common costs of the arbitration shall be shared equally by the Parties, but each Party shall pay its own attorney fees incurred in connection with the arbitration.

Procedure for Arbitration. (a) The arbitral tribunal shall consist of three arbitrators. The claimant(s), irrespective of number, shall nominate jointly one arbitrator; the respondent(s), irrespective of number, shall nominate jointly the second arbitrator; and a third arbitrator, who shall serve as chairman (who shall be a lawyer currently qualified in England and Wales and be admitted to the Bar of England and Wales), shall be appointed by the LCIA Court within 15 days of the appointment of the second arbitrator. (b) In the event the claimant(s) or the respondent(s) shall fail to nominate an arbitrator within the time limits specified in the Rules, such arbitrator shall be appointed by the LCIA Court within 15 days of such failure. In the event that both the claimant(s) and the respondent(s) fail to nominate an arbitrator within the time limits specified in the Rules, all three arbitrators shall be appointed by the LCIA Court within 15 days of such failure who shall designate one of them as chairman. (c) If all the parties to an arbitration so agree, there shall be a sole arbitrator appointed by the LCIA Court within 15 days of such agreement. (d) The seat of arbitration shall be London, England and the language of the arbitration shall be English.

Procedure for Arbitration. Except as provided in Section 9(a) above, any dispute arising out of or relating to this Agreement or the alleged breach of it, or the making of this Agreement, including claims of fraud in the inducement, or any dispute arising from or related in any way to Xxxxxxxxxx'x employment, including any statutory or tort claims, which has not been settled through negotiation within a period of thirty (30) days after the date on which either party shall first have notified the other party in writing of the existence of a dispute, shall be settled by final and binding arbitration pursuant to the provisions of this Agreement and under the then applicable arbitration rules of the American Arbitration Association ("AAA"), unless such rules are inconsistent with the provisions of this Agreement. Any such arbitration shall be conducted by: (a) neutral arbitrator appointed by mutual agreement of the parties; or (b) failing such agreement, in accordance with said rules. An arbitrator's award may be enforced in any court of competent jurisdiction. Each party shall be permitted reasonable discovery, including the production of relevant documents by the other party, the exchange of witness lists, and a limited number of depositions, including depositions of any expert who will testify at the arbitration. The summary judgment procedure applicable in Hennepin County, Minnesota, District Court, shall be available and apply to any arbitration conducted pursuant to this Agreement. Subject to the provisions of Section 8(c) below, the arbitrator shall have the authority to award to the prevailing party any remedy or relief that a court of the State of Minnesota could order or grant, including costs and attorneys' fees. Unless otherwise agreed by the parties, the place of any arbitration proceeding shall be Minneapolis, Minnesota.

Procedure for Arbitration. It shall be the responsibility of the party desiring Arbitration to so inform the other party in writing in the case of: a) An employee grievance within fourteen (14) calendar days after the Area Manager or his designate has rendered a decision or failed to render a decision as provided for in Section 6.2(b); b) A Company grievance within fourteen (14) calendar days after the meeting with the Union representative; c) A Union grievance within fourteen (14) calendar days after the meeting with the Company's representative d) Should the parties fail to reach a satisfactory settlement in the preceding steps, the final settlement of the grievance may be submitted to a single Arbitrator as outlined below. e) Before submitting the grievance to arbitration, the dispute shall, if requested by either party and in accordance with the procedures outlined in this Section, be brought to the attention of a Ontario Joint Grievance Panel established for this purpose by the Company and the Local Union. The Ontario Joint Grievance Panel will render a decision unless it is deadlocked which shall be final and binding and have the judicial powers as a single Arbitrator established under the following provisions. The Ontario Joint Grievance Panel shall be comprised of two (2) persons, one (1) of whom shall be selected from management and one (1) from the Local Unions; It is further agreed that the Company and Local Union shall name only experienced representatives who are engaged in the day to day administration of this Agreement as nominees of the Ontario Joint Grievance Panel as required. It is understood that in the selection of the representatives the Company must name a representative from another Company and the Union must name a representative from another Local Union. It is further agreed that in the event that the Ontario Joint Grievance Panel is unable to render a decision the grieving party must, within fourteen (14) calendar days of the date the Ontario Joint Grievance Panel declares a deadlock, proceed to arbitration as outlined in 6.5 (g), unless the grievance is withdrawn; f) All time limits as specified herein for the Grievance or Arbitration procedures may be extended, but only by mutual agreement confirmed in writing. g) A notice of intent to arbitrate under the foregoing provision shall contain the name of the aggrieved party’s proposed Arbitrator. Within seven (7) calendar days from the receipt of such notice of intent to arbitrate, the other party must eithe...

Procedure for Arbitration. 8.1 The arbitration shall take place at the dates and times to be set by 8.2 The procedure for the arbitration shall be determined by in consultation with the parties (and their counsel, if applicable). will require the parties and counsel to comply with the Standard Arbitration Procedures set out at the end of this Agreement along with any other procedures she may deem appropriate. 8.3 If a hearing is conducted, it may be conducted in person, electronically, by telephone, by teleconference, by written submissions or by any other procedure which shall be determined by in consultation with the parties (and their counsel, if applicable). 8.4 may determine a timetable for the delivery of briefs, financial disclosure and other documents. 8.5 may deliver notices, awards or other communications to the parties via ordinary mail, fax or e-mail. 8.6 If a hearing is held and unless the parties agree otherwise: (a) All witnesses shall be sworn under oath or affirmed and shall be subject to cross-examination and re-examination, except that as she may direct; and (b) All usual rules for the admissibility of evidence in court proceedings shall apply as amended by the Arbitration Act, the Family Law Rules and the Rules of Civil Procedure, where applicable. 8.7 The parties agree: (Select one)  (a) There shall be a reporter, the cost of which shall be initially shared equally between the parties; or  (b) There shall not be a reporter 0000-000 Xxxxxxxxxx Xxxxxx Xxxxxxx, Xxxxxxx X0X 0X0 T 416.593.0210 F 416.593.1352 xxxxx@xxxxxxxxxxxxxxxxxx.xxx xxxxxxxxxxxxxxxxxx.xxx P a g e | 5 Last Update: 09/2020 8.8 may convene a pre-arbitration conference to determine: (a) The issues for arbitration; (b) The documents to be provided prior to the commencement of the arbitration; (c) The order of presentation of evidence; (d) The names, addresses and telephone numbers of witnesses to be called and a synopsis of their evidence; (e) A timetable for pre-arbitration events, including the exchange of expert reports, the delivery of opening statements, the exchange of document briefs and questioning, if required; (f) Estimates of the time required for the arbitration; (g) Any physical arrangements necessary for the attendance of parties or witnesses; and (h) Any issues arising out of the results of the screening.

Procedure for Arbitration. Subject to the above, any demand for arbitration may be filed with the AAA and served upon the other party at any time within the period covered by the applicable statute of limitations.