Working Day period. If: the Counter Notice requires the Dispute to be referred to arbitration, the provisions of paragraph 165.4 of this Call Off Schedule 11 shall apply; the Counter Notice requires the Dispute to be subject to the exclusive jurisdiction of the courts in accordance with Clause 61 of this Call Off Contract (Governing Law and Jurisdiction), the Dispute shall be so referred to the courts and the Supplier shall not commence arbitration proceedings; the Customer does not serve a Counter Notice within the fifteen (15) Working Days period referred to in paragraph 165.2 of this Call Off Schedule 11, the Supplier may either commence arbitration proceedings in accordance with paragraph 165.4 of this Call Off Schedule 11 or commence court proceedings in the courts in accordance with Clause 57 of this Call Off Contract (Governing Law and Jurisdiction) which shall (in those circumstances) have exclusive jurisdiction. In the event that any arbitration proceedings are commenced pursuant to paragraphs 165.1 to 165.3 of this Call Off Schedule 11, the Parties hereby confirm that: all disputes, issues or claims arising out of or in connection with this Call Off Contract (including as to its existence, validity or performance) shall be referred to and finally resolved by arbitration under the Rules of the London Court of International Arbitration (“LCIA”) (subject to paragraphs Error: Reference source not found and 6.4.6 of this Call Off Schedule 11); the arbitration shall be administered by the LCIA; the LCIA procedural rules in force at the date that the Dispute was referred to arbitration shall be applied and are deemed to be incorporated by reference into this Call Off Contract and the decision of the arbitrator shall be binding on the Parties in the absence of any material failure to comply with such rules; if the Parties fail to agree the appointment of the arbitrator within ten (10) days from the date on which arbitration proceedings are commenced or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA; the arbitration proceedings shall take place in London and in the English language; and the seat of the arbitration shall be London.
Working Day period. An employee shall have opportunity of recall from a lay-off to an available opening, in order of seniority, provided has the ability to perform the work. If there are no employees able to perform the work the job will be posted. determining the ability of an employee to perform the work for the of the paragraphs above, the Hospital shall not act an arbitrary or unfair manner Where a vacancy occurs in a position following a lay- off or displacement hereunder as a result of which an employee had been transferred to another position or laid off the affected employee be offered the opportunity to return to her former position providing such vacancy occurs within six (6) months of the date of lay-off or displacement. Where the employee returns to her former position there shall be no obligation to post the vacancy. Where the employee refuses the opportunity to return to her former position, she shall advise the Hospital in writing. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available after orientation. .The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time of which the employee shall report for work. The employee is solely responsible for his proper address being on record with the Hospital.
Working Day period. If: the Counter Notice requires the Dispute to be referred to arbitration, the provisions of paragraph 248.1.6 shall apply; the Counter Notice requires the Dispute to be subject to the exclusive jurisdiction of the courts in accordance with Clause 135 (Governing Law and Jurisdiction), the Dispute shall be so referred to the courts and the Supplier shall not commence arbitration proceedings; the Authority does not serve a Counter Notice within the fifteen (15) Working Day period referred to in paragraph 248.1.2(c), the Supplier may either commence arbitration proceedings in accordance with paragraph 248.1.6 or commence court proceedings in the courts in accordance with Clause 135 (Governing Law and Jurisdiction) which shall (in those circumstances) have exclusive jurisdiction.
