Arbitrator Xxxxxx Sample Clauses

Arbitrator Xxxxxx. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator is bound by this Arbitration Agreement. All disputes regarding the payment of arbitrator or arbitration-organization fees including the timing of such payments and remedies for nonpayment, shall be determined exclusively by an arbitrator, and not by any court. The arbitration will decide the rights and liabilities, if any, of you and Viasat. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties unless both you and Viasat otherwise agree in writing. The arbitrator will have the authority to grant motions dispositive of all or part of any Claim or dispute. The arbitrator will have the authority to award, on an individual basis, monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and Viasat. If the arbitrator finds that either the substance of your Claim or the relief sought in your Claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then payment of all fees related to the arbitration shall be governed by the applicable arbitration rules. In such case, you agree to reimburse Viasat for all monies previously disbursed by it that are otherwise your obligation to pay under the applicable arbitration rules. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and o...
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Arbitrator Xxxxxx. Grievant Xxxxxx Xxxxxxxxxx; Natural Resources, 12/28/93. The Arbitrator found that the Grievant was qualified based upon his education and previous experience. The Arbitrator pointed out that the Grievant possesses a Master’s degree while the incumbent has only a Bachelor’s Degree. The Grievant also has a longer work history than the incumbent. The Arbitrator added that the requirement to have had four courses in hydrogeology was not met by the incumbent let alone the Grievant. Finally, the Arbitrator added that the Grievant cannot be expected to know all of the intricacies of the position immediately after bumping into the position. There must be some sort of informal learning period.
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Arbitrator Xxxxxx. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. All disputes regarding the payment of arbitrator or arbitration-organization fees including the timing of such payments and remedies for nonpayment, shall be determined exclusively by an arbitrator, and not by any court. The arbitration will decide the rights and liabilities, if any, of you and Food Fling LLC. Except as expressly agreed to in Section 12(g) of this Agreement, the arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award, on an individual basis, monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and Food Fling LLC.
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Arbitrator Xxxxxx. You and Xxxx Xxxxxx agree that any argument that any part of the waiver of class, consolidated and representative claims set forth in subsections (a)(1) and
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Arbitrator Xxxxxx. The parties did not bargain for the incorporation of the ADA of 1990 and corresponding provisions of ORC Chapter 4112 such that reasonable accommodation claims are cognizable under the CBA.
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Arbitrator Xxxxxx. Except as set forth in Section 9.6 below, labeled Preservation of Remedies, the arbitrators shall resolve all Disputes in accordance with the applicable substantive law, including the governing statutes of limitation. The arbitrators shall be empowered to resolve any Dispute regarding the terms of this Agreement or the arbitrability of any Dispute or any claim that all or any part of this Agreement (including this Section) is void or voidable but shall have no power to change or alter the terms of this Agreement. In any arbitration hereunder, discovery of documents shall be in accordance with the Nevada Rules of Civil Procedure, with an end to providing the arbitrators, in a prompt fashion, with relevant facts regarding the Dispute. In addition, at the request of a Party, the arbitrators shall order examination by deposition of witnesses. All objections are reserved for the arbitration hearing except for objections based on privilege and proprietary or confidential information. All disagreements with respect to discovery shall be promptly resolved by the arbitrators. In resolving discovery disagreements, the arbitrators shall give great weight to whether requested discovery would, under the circumstances, be available under applicable law.
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Arbitrator Xxxxxx. Grievant Xxx Xxxxxxxxx, et. al.; Department of Natural Resources, 4/04/96. The arbitration proceeded on behalf of employees who were refused the right to purchase service weapons upon disability retirement for psychological conditions. The arbitrator found that the contract section made no exceptions, referenced “all” employees, and did not contain a provision concerning the mental state of the retiree. Without such exceptions, the State was obligated to carry out the terms of the section. The grievance was granted.
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Arbitrator Xxxxxx. Grievant Xxx Xxxxxxxxx, et. al.; Department of Natural Resources, 4/04/96. The arbitration proceeded on behalf of employees who were refused the right to purchase service weapons upon disability retirement for psychological conditions. The arbitrator found that the contract section made no exceptions, referenced “all” employees, and did not contain a provision concerning the mental state of the retiree. Without such exceptions, the State was obligated to carry out the terms of the section. The grievance was granted. Explanation In 1997, following the arbitration award abstracted above, language was negotiated addressing the sale of service weapons upon retirement. It limits the purchase option to one time only and precludes purchase in the case of a psychological disability retirement. Additional language added in 2001, provides for retiring employees to receive their current badge. New language effective July 1, 2006, allows the Employer to modify a retired employee‟s current badge to indicate that the badge is no longer in active service.
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Arbitrator Xxxxxx. Xxxx Xxxxxx; Department of Liquor, 3/12/92. This case involved the application of an agreement reached between the Department and the Union. The Arbitrator ruled in favor of the Union and stated that the Agency would have to comply with the agreement. The grievance was granted.
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Related to Arbitrator Xxxxxx

  • Single Arbitrator Either of the parties to this Agreement is, in such event, to notify the other party in writing of its desire to submit the matter in dispute to arbitration and if the recipient of the said notice and the party desiring the arbitration do not, within a period of ten (10) days after the receipt of the said notice, agree upon a single arbitrator the appointment of a single arbitrator shall be made by the Minister of Labour for the Province of Ontario upon the request of either party.

  • Arbitrator The arbitration will be conducted by one arbitrator skilled in the arbitration of executive employment matters. The parties to the arbitration will jointly appoint the arbitrator within 30 days after initiation of the arbitration. If the parties fail to appoint an arbitrator as provided above, an arbitrator with substantial experience in executive employment matters will be appointed by the AAA as provided in the Arbitration Rules. The Corporation will pay all of the fees, if any, and expenses of the arbitrator and the arbitration, unless otherwise determined by the arbitrator. Each party to the arbitration will be responsible for his/its respective attorneys fees or other costs of representation.

  • Arbitrator Authority The arbitrator shall have the sole and exclusive authority to determine whether a dispute, claim or cause of action is subject to arbitration under this Section and to determine any procedural questions which grow out of such disputes, claims or causes of action and bear on their final disposition.

  • Arbitrators 1 Except in respect of a Tribunal established under Article 32 (Consolidation), and unless the disputing parties agree otherwise, the Tribunal shall comprise three arbitrators, one arbitrator appointed by each of the disputing parties and the third, who shall be the presiding arbitrator, appointed by agreement of the disputing parties.

  • Arbitrator Selection The arbitrator will be appointed by the Administrator in accordance with the rules of the Administrator. However, unless the parties agree otherwise, the arbitrator must be a retired or former judge or a lawyer with at least ten (10) years of experience.

  • Xxxxxx of the Arbitrator It shall be the function of the arbitrator, and he/she shall be empowered, except as his/her powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific articles and sections of this Agreement.

  • Step 4 - Arbitration If the grievance is not settled on the basis of the foregoing procedures, the Association may submit the issue in writing to final and binding arbitration within ten (10) calendar days following receipt of the Chief Operating Officer or Chief Administrative Officer’s or designee’s response. Within ten (10) calendar days of the notification that the dispute is submitted for arbitration, the Association shall request the Federal Mediation and Conciliation Service to supply a list of eleven (11) arbitrators and the parties shall alternatively strike names from such list until the name of one (1) arbitrator remains who shall be the arbitrator. The party to strike the first name shall be determined by coin toss. In consultation with the arbitrator the Parties shall choose a date for the hearing. The arbitrator’s decision shall be final and binding, subject to limits of authority stated herein. The arbitrator shall have no authority or power to add to, delete from, disregard, or alter any of the provisions of this Agreement, but shall be authorized only to interpret the existing provisions of this Agreement as they may apply to the specific facts of the issue in dispute. The arbitrator shall base his or her decision solely on the contractual obligations expressed in this Agreement. If the arbitrator should find that the Employer was not prohibited by this Agreement from taking, or not taking, the action grieved, he or she shall have no authority to change or restrict the Employer’s action. The arbitrator shall not reverse the Employer’s exercise of discretion in any particular instance and substitute his or her own judgment or determination for that of the Employer. If a nurse feels the Employer’s determination is based upon bad faith, is arbitrary and capricious, is based on irrelevant information or favoritism, the nurse shall have recourse to the grievance procedure. Any dispute as to procedure shall be heard and decided by the arbitrator in a separate proceeding prior to any hearing on the merits. Any dismissal of a grievance by the arbitrator, whether on the merits or on procedural grounds, shall bar any further arbitration. Each party shall bear one-half (½) of the fee of the arbitrator and any other expense jointly incurred by mutual agreement incident to the arbitration hearing. All other expenses, including any costs or attorneys’ fees, shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other party.

  • Arbitration Award All arbitration awards shall be final and binding as provided by Section 42 of the Trade Union Act. An arbitrator may not alter, modify or amend any part of this Agreement, but shall have the power to modify or set aside any unjust penalty of discharge, suspension or discipline imposed by the Employer on an Employee.

  • Step 3 - Arbitration If the grievance is not settled on the basis of the foregoing procedures, and if the grievant and the Union have complied with the specific time limitations specified in Steps 1 and 2 herein, the Union may submit the issue in writing to arbitration within fourteen (14) calendar days following the receipt of the written reply from the Director of Employee Relations and Employment or designee. After notification that the dispute is submitted for arbitration, the Employer and the Union shall attempt to agree on an arbitrator. If the Employer and the Union fail to agree on an arbitrator, the Union shall promptly request a list of seven (7) arbitrators from the Federal Mediation and Conciliation Service. The parties shall thereupon alternate in striking a name from the panel until one (1) name remains. The person whose name remains shall be the arbitrator.

  • Step Five – Arbitration a. When CRONA has requested arbitration in accordance with this Section, CRONA and a representative designated by the Employer shall attempt to reach Agreement on an arbitrator by informal discussion. If agreement has not been reached within five (5) working days of the request for arbitration, the arbitrator shall be selected from the following five (5) persons by the alternative striking of names, with the Employer striking first, until one remains, who shall be the arbitrator: Xxxxxxxxx Xxxx, Xxxxx Xxxxxxxxx Xxxxxxxx, Xxxxx Xxxxxx, Xxxxxxx Xxxxxxxx, Xxxxx Xxxxxxxx, Xxxxxxxxx Xxxxxxx, and Xxxxxxxx Xxxxxx. The first strike for arbitrators will be rotated between CRONA and the Employer.

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