Common use of Arbitrability Clause in Contracts

Arbitrability. In any proceeding under this Article for which there is a submission agreement, the first matter to be decided is the arbitrator's jurisdiction to act. In the absence of a submission agreement, the arbitrator shall first decide the issue to be arbitrated as provided in Section 4 of this Article; then the arbitrator's jurisdiction shall be decided. If arbitrability is in dispute between the parties, the arbitrator shall hear the parties on the question before deciding the matter of arbitrability, which shall be announced. Upon concluding that the issue is arbitrable, the arbitrator shall normally proceed with the hearing at 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 delayed until such review is completed. Upon concluding that the arbitrator has no power to act, the arbitrator shall not hear the matter or make any decision or recommendation regarding the merits of the issue.

Appears in 11 contracts

Samples: digitalcommons.wou.edu, digitalcommons.wou.edu, Letter of Agreement

AutoNDA by SimpleDocs

Arbitrability. In any proceeding under this Article for which there is a submission agreement, the first matter to be decided is the arbitrator's ’s jurisdiction to act. In the absence of a submission agreement, the arbitrator shall first decide the issue to be arbitrated as provided in Section 4 of this Articlearticle; then the arbitrator's ’s jurisdiction shall be decided. If arbitrability is in dispute between the parties, the arbitrator shall hear the parties on the question before deciding the matter of arbitrability, which shall be announced. Upon concluding that the issue is arbitrable, the arbitrator shall normally proceed with the hearing at that time, provided that either party may seek judicial review of the arbitrator's ’s decision as to jurisdiction and have the hearing on the merits delayed until such review is completed. Filing for such review shall occur within a reasonable time limit; otherwise the other party may request the arbitrator to proceed with the hearing. Upon concluding that the arbitrator has no power to act, the arbitrator shall not hear the matter or make any decision or recommendation regarding the merits of the issue.

Appears in 8 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Arbitrability. In any proceeding under this Article for which there is a submission agreementArticle, the first matter to be decided is the arbitrator's ’s jurisdiction to act. In the absence of a submission agreement, the arbitrator shall first decide the issue to be arbitrated as provided in Section 4 of this Article; then the arbitrator's jurisdiction shall be decided. If arbitrability is in dispute between the parties, the arbitrator shall hear the parties on decide the question of arbitrability first. The issue of arbitrability may be raised with the arbitrator before deciding the matter date of arbitrabilitythe arbitration or at the beginning of the arbitration. If arbitrability is in dispute between the parties, which the arbitrator shall be announceddecide the question of arbitrability first. Upon concluding that the issue is arbitrable, the arbitrator shall normally proceed with the hearing at that time, or the scheduled date if the issue of arbitrability was brought to the arbitrator’s attention before the hearing, provided that either party may seek judicial review of the arbitrator's ’s decision as to jurisdiction and have the hearing on the merits delayed until such review is completed. Filing for such review shall occur at any time. Upon concluding that the arbitrator has no power to act, the arbitrator shall not hear the matter or make any decision or recommendation regarding the merits of the issue.

Appears in 6 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Arbitrability. In any proceeding under this Article for which there is a submission agreement, the first matter to be decided is the arbitrator's jurisdiction to act. In the absence of a submission agreement, the arbitrator shall first decide the issue to be arbitrated as provided in Section 4 3 of this Article; then the arbitrator's jurisdiction shall be decided. If arbitrability is in dispute between the parties, the arbitrator shall hear the parties on the question before deciding the matter of arbitrability, which shall be announced. Upon concluding that the issue is arbitrable, the arbitrator shall normally proceed with the hearing at that time, provided that either with each party may retaining the right to seek judicial review of the arbitrator's decision as to jurisdiction and have the hearing on the merits delayed until such review is completedjurisdiction. Upon concluding that the arbitrator has no power to act, the arbitrator shall not hear the matter or make any decision or recommendation regarding the merits of the issue.

Appears in 6 contracts

Samples: Letter of Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

AutoNDA by SimpleDocs

Arbitrability. In any proceeding under this Article for which there is a submission agreement, the first matter to be decided is the arbitrator's jurisdiction to act. In the absence of a submission agreement, the arbitrator shall first decide the issue to be arbitrated as provided in Section 4 3 of this Article; then the arbitrator's jurisdiction shall be decided. If arbitrability is in dispute between the parties, the arbitrator shall hear the parties on the question quest.ion before deciding the matter of arbitrability, which shall be announced. Upon concluding that the issue is arbitrable, the arbitrator shall normally proceed with the hearing at that time, provided that either with each party may retaining the right to seek judicial review of the arbitrator's decision as to jurisdiction and have the hearing on the merits delayed until such review is completedjurisdiction. Upon concluding that the arbitrator has no power to act, the arbitrator shall not hear the matter or make any decision or recommendation regarding the merits of the issue.

Appears in 1 contract

Samples: Letter of Agreement

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