Common use of Arbitrability Clause in Contracts

Arbitrability. In any proceeding, the first matter to be decided is the arbitrator's jurisdiction to act, which decision the arbitrator shall announce. Upon concluding that the arbitrator has no such power, the arbitrator shall make no decision or recommendation as to the merits of the grievance. Upon concluding that the issue is arbitrable, the arbitrator shall normally proceed with the hearing at the time, provided that either party may seek judicial review of the arbitrator's decision as to jurisdiction and have the hearing on the merits of the grievance delayed until such review is completed.

Appears in 26 contracts

Samples: Gsu Upi Agreement, Nca Self Study, Gsu Upi Agreement

AutoNDA by SimpleDocs

Arbitrability. In any proceedingproceeding under this Article, the first matter thing to be decided is the arbitrator's ’s jurisdiction to act, which decision the arbitrator shall announce. Upon concluding that the arbitrator has no such powerIf arbitrability is in dispute, the arbitrator shall make no decision or recommendation as to hear the merits of Parties on the grievancequestion and may take whatever evidence they find relevant and necessary before determining arbitrability. Upon concluding that the issue is arbitrable, the arbitrator shall normally will proceed with the hearing at case. Upon concluding that the timearbitrator has no power to act, provided that either party the arbitrator shall not hear the matter or make any decision or recommendation regarding the merits of the issue. Either Party may seek judicial review of the arbitrator's ’s decision as to jurisdiction and have the hearing on the merits of the grievance delayed until such review is completedjurisdiction.

Appears in 5 contracts

Samples: facultyaffairs.oregonstate.edu, facultyaffairs.oregonstate.edu, facultyaffairs.oregonstate.edu

AutoNDA by SimpleDocs

Arbitrability. In any proceeding, the first matter to be decided is the arbitrator's jurisdiction to act, which decision the arbitrator shall announce. Upon concluding that the arbitrator has no such power, the arbitrator shall make no decision or recommendation as to the merits of the grievance. Upon concluding that the issue is arbitrable, the arbitrator shall normally proceed with the hearing at the that time, provided that either party may seek judicial review of the arbitrator's decision as to jurisdiction and have the hearing on the merits of the grievance Grievance delayed until such review is completed.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Time is Money Join Law Insider Premium to draft better contracts faster.