Streamlined Arbitration Sample Clauses
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Streamlined Arbitration. If the parties agree to utilize streamlined arbitration in place of the current procedure set forth in Paragraph 4, they will use the following streamlined arbitration procedures. The streamlined arbitration procedure will be to select an arbitrator using an FMCS list of seven (7) arbitrators. The Firefighters will strike the first name. The hearing will be scheduled within thirty (30) calendar days of the selection of the arbitrator unless the parties agree to extend this period. The hearing will not include briefs, and the award is due within five (5) business days of the closing of the hearing. The award of the arbitrator will be in writing. The arbitrator will not have any power to add to, subtract from, or modify this Agreement. The cost of the arbitration will be as provided in Paragraph 5. The award is final and binding except as provided by law. If a court reporter is requested by either party, the party requesting the reporter shall pay all the costs of the reporter and provide copies of the transcript to the arbitrator and the other party. If the parties do not agree to streamlined arbitration, the normal arbitration procedures contained in Paragraph 5 will apply.
Streamlined Arbitration. If the parties agree to utilize streamlined arbitration in place of the current procedure set forth in paragraph 3, they will use the following streamlined arbitration procedures. The streamlined arbitration procedure will be to select an arbitrator using an FMCS list of seven (7) arbitrators. The Firefighters will strike the first name. The hearing will be scheduled within thirty (30) calendar days of the selection of the arbitrator unless the parties agree to extend this period. The hearing will not include briefs, and the award is due within five
Streamlined Arbitration. 9.1 Each and every dispute, claim or controversy arising out of or relating to this Agreement, including without limitation the payment of Commissions, or the breach, termination, enforcement, interpretation or validity of this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in San Diego County, California, before one (1) arbitrator. The arbitration shall be administered by JAMS, in accordance with the following procedures: (i) a party desiring arbitration shall give written notice to the other part(ies) and to JAMS; (ii) the parties shall agree on an arbitrator from the JAMS San Diego, California panel within five (5) business days after such notice, and if they cannot agree within that time, an arbitrator shall be selected by JAMS; (iii) there shall be no discovery permitted and no experts designated (provided that a representative from the independent accounting firm which performed an audit pursuant to Section 3.4.2 may testify in person); and (iv) subject to the foregoing limitations, the arbitrator, once appointed, shall use all reasonable effort to conduct the arbitration and render an award on the matters subject to arbitration as quickly as is reasonably possible, and in that regard, to the extent the arbitrator considers such a procedure fair and adequate, (x) each Party shall provide a written report of its position to the arbitrator(s) and to the other part(ies) within five (5) business days after the arbitrator’s initial consultation with the parties or their counsel, (y) the arbitrator will select a date for a hearing, which, if reasonably possible, shall be within fifteen (15) days after submission of the reports, and (z) the arbitrator shall render his or her award quickly and need not provide findings or support for the award. The arbitrator shall have no authority to award any amounts for incidental, special, consequential or punitive damages, or amounts attributable to lost profits or lost savings. To the extent not in conflict with the above procedures, the dispute shall be administered in accordance with the JAMS Streamlined Arbitration Rules & Procedures as revised February 19, 2005. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction, but shall preclude the parties from seeking in any court ...
Streamlined Arbitration. At the request of the grievant or the Association the Streamlined Arbitration Rules of the American Arbitration Association shall be used instead of the Voluntary Labor Arbitration Rules.