Procedures and Rules. The parties shall select the neutral arbitrator and/or arbitration sponsoring organization by mutual agreement. If the parties are not able to mutually agree to an arbitrator and/or arbitration sponsoring organization, the arbitration will be held under the auspices of the American Arbitration Association (“AAA”), and except as provided in this Agreement, shall be in accordance with the then current Employment Arbitration Rules of the AAA (“AAA Rules”) (the AAA Rules are available through the Company’s Human Resources Department or via the internet at xxx.xxx.xxx/xxxxxxxxxx). Unless the parties jointly agree otherwise, the Arbitrator shall be either an attorney who is experienced in employment law and licensed to practice law in the state in which the arbitration is convened, or a retired judge from any jurisdiction (the "Arbitrator"). Unless the parties jointly agree otherwise, the arbitration shall take place in or near the city in which I am or was last employed by the Company. In the event the parties mutually choose a sponsoring organization, or AAA is designated, the Arbitrator shall be selected as follows: The organization selected shall give each party a list of eleven (11) arbitrators drawn from its panel of arbitrators. Each party shall have ten (10) calendar days from the postmark date on the list to strike all names on the list it deems unacceptable. If only one common name remains on the lists of all parties, that individual shall be designated as the Arbitrator. If more than one common name remains on the lists of all parties, the parties shall strike names alternately from the list of common names until only one remains, with the party to strike first to be determined by a coin toss. If no common name remains on the lists of all parties, the selected organization shall furnish an additional list of eleven (11) arbitrators from which the parties shall strike alternately, with the party striking first to be determined by a coin toss, until only one name remains. That person shall be designated as the Arbitrator.
Appears in 4 contracts
Samples: Mutual Agreement, Mutual Agreement, Mutual Agreement
Procedures and Rules. The parties shall select the neutral arbitrator and/or arbitration sponsoring organization by mutual agreement. If the parties are not able to mutually agree to an arbitrator and/or arbitration sponsoring organization, the arbitration will be held under the auspices of the American Arbitration Association (“AAA”), and except as provided in this Agreement, shall be in accordance with the then current Employment Arbitration Rules of the AAA (“AAA Rules”) (the AAA Rules are available through the Company’s Human Resources Department or via the internet at xxx.xxx.xxx/xxxxxxxxxx). Unless the parties jointly agree otherwise, the Arbitrator shall be either an attorney who is experienced in employment law and personal injury law (as applicable) and licensed to practice law in the state in which the arbitration is convened, or a retired judge from any jurisdiction (the "Arbitrator"). Unless the parties jointly agree otherwise, the arbitration shall take place in or near the city in which I am or was last employed by the Company. In the event the parties mutually choose a sponsoring organization, or AAA is designated, the Arbitrator shall be selected as follows: The organization selected shall give each party a list of eleven (11) arbitrators drawn from its panel of arbitrators. Each party shall have ten (10) calendar days from the postmark date on the list to strike all names on the list it deems unacceptable. If only one common name remains on the lists of all parties, that individual shall be designated as the Arbitrator. If more than one common name remains on the lists of all parties, the parties shall strike names alternately from the list of common names until only one remains, with the party to strike first to be determined by a coin toss. If no common name remains on the lists of all parties, the selected organization shall furnish an additional list of eleven (11) arbitrators from which the parties shall strike alternately, with the party striking first to be determined by a coin toss, until only one name remains. That person shall be designated as the Arbitrator.
Appears in 1 contract
Samples: Mutual Agreement
Procedures and Rules. The parties shall select the neutral arbitrator and/or arbitration sponsoring organization by mutual agreement. If the parties are not able to mutually agree to an arbitrator and/or arbitration sponsoring organization, the arbitration will be held under the auspices of the American Arbitration Association (“AAA”), and except as provided in this Agreement, shall be in accordance with under the then then-current Employment Arbitration Rules of the AAA (“AAA Rules”) (the ). The AAA Rules are available through from the Company’s Program Administrator, the Human Resources Department or via the internet may be found at xxx.xxx.xxx/xxxxxxxxxx)xxx.xxx.xxx/xxxxxxxxxx or by searching for “AAA Employment Arbitration Rules” using a service such as xxx.Xxxxxx.xxx or xxx.Xxxx.xxx. Unless the parties jointly agree otherwise, the Arbitrator shall be either an attorney who is experienced in employment law and licensed to practice law in the state in which the arbitration is convened, or a retired judge from any jurisdiction (the "“Arbitrator"”). Unless the parties jointly agree otherwise, the arbitration shall take place in or near the city in which I am or was You were last employed by the CompanyPartnership. In the event the parties mutually choose a sponsoring organization, or AAA is designated, the The Arbitrator shall be selected as follows: The organization selected shall AAA will give each party a list of eleven (11) at least nine arbitrators drawn from its panel of arbitrators. Each party The parties will follow AAA Rules for striking unacceptable arbitrators and ranking their preference among the acceptable arbitrators on that first list. From among the persons who have been approved on both parties’ lists, and in accordance with the designated order of mutual preference, AAA shall have ten (10) calendar days invite an arbitrator to serve. If the parties fail to agree on any of the persons named, or if acceptable arbitrators are unable to act, or if for any other reason the appointment cannot be made from the postmark date on the list to strike all names on the list it deems unacceptable. If only one common name remains on the lists of all partiesfirst submitted list, that individual shall be designated as the Arbitrator. If more than one common name remains on the lists of all parties, the parties shall strike names alternately from the list of common names until only one remains, with the party to strike first to be determined by a coin toss. If no common name remains on the lists of all parties, the selected organization shall furnish AAA will provide an additional list of eleven (11) nine arbitrators from which the parties shall will strike alternatelyalternately by telephone conference convened by AAA, with the party striking first to be determined by a coin toss, until only one name remains. That person shall will be designated as the Arbitrator. If for any reason, the individual selected cannot serve or the foregoing procedures do not result in the selection of an arbitrator, AAA will issue another list of nine arbitrators and repeat the alternate striking selection process. If for any reason AAA will not administer the arbitration, either party may apply to a court of competent jurisdiction with authority over the location where the arbitration will be conducted to appoint a neutral Arbitrator. The Arbitrator may award to You or the Partnership any remedy to which that party is entitled under applicable law (including, but not limited to, legal, equitable, and injunctive relief), but such remedies are limited to those that would be available to a party in his or her individual capacity in a court of law for the disputes presented to and decided by the Arbitrator. The Arbitrator is without jurisdiction to apply any different substantive law. The Arbitrator shall have jurisdiction to hear and rule on pre-hearing disputes and may hold pre-hearing conferences by telephone or in person, as the Arbitrator deems necessary. Either party may file a motion to dismiss and/or a motion for summary judgment, and the Arbitrator shall apply the standards governing such motions under the Federal Rules of Civil Procedure. The arbitrator will set a briefing schedule for such motions, which includes a decision issued at least 45 days before the arbitration hearing, upon the request of either party. At least thirty (30) days before the arbitration, the parties must exchange lists of witnesses, including any experts, and copies of all exhibits intended to be used at the arbitration. The Arbitrator shall have the authority to issue appropriate protective orders to ensure the confidentiality of the proceedings or safeguard personal or privacy rights, under applicable law. Should any party refuse or neglect to appear for, or participate in, the arbitration hearing, the Arbitrator shall have the authority to decide the dispute based upon whatever evidence is then before him or her. Either party upon its request shall be given leave to file a post-hearing brief. The time for filing such a brief shall be set by the Arbitrator. The Arbitrator shall render an award by written opinion no later than 30 days from the date the arbitration hearing concludes or the post-hearing briefs (if requested) are received, whichever is later, unless the parties agree otherwise. The opinion shall be in writing and include the factual and legal basis for the decision. The decision of the Arbitrator may be entered and enforced as a final judgment in any court of competent jurisdiction.
Appears in 1 contract
Samples: Resolve Program
