Tripartite Arbitration Sample Clauses
The Tripartite Arbitration clause establishes a process where disputes are resolved by a panel of three arbitrators rather than a single arbitrator. Typically, each party to the dispute selects one arbitrator, and those two arbitrators jointly choose a third, neutral arbitrator to complete the panel. This structure ensures that both parties have input into the composition of the tribunal, promoting fairness and impartiality. The core function of this clause is to provide a balanced and equitable method for resolving disputes, reducing the risk of bias and increasing confidence in the arbitration outcome.
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Tripartite Arbitration. The parties will establish a permanent arbitration panel consisting of a senior staff member from each party (“partisan arbitrators”) and a neutral arbitrator selected by the partisan arbitrators. The panel will schedule at least one meeting each month. This process is designed to deal with cases with lesser complexity and consequences such as discipline of minor suspensions and lower, or minor contract interpretation cases. Cases will be resolved or decided through the following steps: First, the parties will schedule mediation with a neutral arbitrator. The parties will schedule 2 cases per day to mediate, which will occur at least once each month. If mediation is unsuccessful, the parties will proceed to an expedited hearing, unless either party chooses to have the case administered by LRC. If AFSCME chooses to have the arbitration processed by the LRC pursuant to the LRC’s standard procedures, AFSCME will file the demand for arbitration with LRC within twenty (20) workdays following the mediation. If the State chooses to have the case processed by the LRC, it will notify AFSCME within fifteen (15) workdays after the mediation, and AFSCME will file the demand with the LRC within twenty (20) workdays after being so-informed. At the expedited hearing, the aforementioned partisan arbitrators will both sit on the panel, as well as a neutral arbitrator. The parties agree that if a case before a neutral arbitrator was mediated, but does not settle, that the parties will not use that arbitrator to preside over the subsequent expedited hearing. The parties will utilize Labor Representatives and Senior Labor Relations Specialists (or the equivalent) as advocates, who will present opening statements and evidence in the form of sworn witness testimony and documents. The neutral arbitrator will chair the hearing, with the goal of ensuring a clear and concise presentation of the relevant evidence and arguments in a respectful and non-litigious atmosphere. While the parties retain the same right to present evidence as under traditional arbitration, the neutral arbitrator may limit the introduction of any evidence not essential to the outcome of the arbitration, and will ensure that the record is completed promptly and efficiently. The advocates will close orally as opposed to writing post-hearing briefs. One hearing will be scheduled per day, and the parties will make every effort to only schedule cases that can be decided in a single day. The neutral arbitrator will...
Tripartite Arbitration. The parties will establish a permanent arbitration panel consisting of a senior staff member from each side (“partisan arbitrators”) and a neutral arbitrator selected by the partisan arbitrators. The panel will schedule at least one meeting each month. Cases will be resolved or decided through the following five steps:
a. Conference between parties’ advocates and partisan arbitrators:
Tripartite Arbitration. 19.4.1 The Parties recognize that the resolution of certain claims, disputes or controversies arising out of or relating to this Agreement may have implications for the performance by Supplier of its obligations under the Comgás-Supplier Agreement; likewise, the resolution of certain claims, disputes or controversies arising out of or relating to the Comgás-Supplier Agreement may have implications for the rights and obligations of the Parties under this Agreement. Accordingly, in the event of commencement of arbitration proceedings under this Agreement, whose outcome may have implications for the rights and/or obligations of Supplier under the Comgás-Supplier Agreement, or in the event the resolution of a dispute by arbitration under the Comgás-Supplier Agreement may have implications for the rights and/or obligations of the Parties under this Agreement, it is agreed that: (a) the Parties and/or Supplier may consolidate in a single Tripartite Arbitration the disputes arising out of this Agreement and the disputes arising out of the Comgás-Supplier Agreement, (b) the Comgás-Supplier Agreement shall confer on the User the right to join any arbitration conducted under the Comgás-Supplier Agreement that meets the requirements in this item; (c) Supplier may join any Arbitration conducted under this Agreement that meets the requirements in this item; and (d) Comgás may require that the User join any arbitration conducted under the Comgás-Supplier Agreement that meets the requirements in this item (each a “Tripartite Arbitration”).
19.4.2 In the event arbitration is commenced under the Comgás-Supplier Agreement, Comgás shall give Notice of such fact to the User within no more than 5 days from such commencement. In such case or in the case of Arbitration instituted under item 19.1.2 hereof, the Parties shall within no more than sixty (60) days from request for Arbitration confirm institution of Tripartite Arbitration. In the event the Parties decide to consolidate arbitrations and in the event the Parties and Supplier join a Tripartite Arbitration, the Parties shall abandon any separate arbitration then pending whose subject matter is encompassed by such Tripartite Arbitration and shall assert any and all claims and counterclaims with regard to their dispute(s) in such Tripartite Arbitration, in keeping with the procedures established for such Tripartite Arbitration.
19.4.3 In the event the Parties and Supplier are unable to come to a consensus as to institution o...