Constitution of a Tribunal Sample Clauses

Constitution of a Tribunal. When a Party Fails to Appoint an Arbitrator or the Disputing Parties Are Unable to Agree on a Presiding Arbitrator
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Constitution of a Tribunal. 1. Except in respect of a Tribunal established under Article 83, and unless the disputing parties otherwise agree, the Tribunal shall comprise 3 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.
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Constitution of a Tribunal. 1. Except in respect of a Tribunal established underArticle 83, and unless the disputing parties otherwiseagree, the Tribunal shall comprise 3 arbitrators, onearbitrator appointed by each of the disputing parties andthe third, who shall be the presiding arbitrator, appointedby agreement of the disputing parties. 2. The Secretary-General shall serve as appointingauthority for an arbitration under this Section. 3. If the Tribunal, other than the Tribunal establishedunder Article 83, has not been constituted within 90 daysfrom the date on which a claim was submitted to arbitration, the Secretary- General, on the request ofeither disputing party, shall appoint, in his discretion,the arbitrator or arbitrators not yet appointed except thatthe presiding arbitrator shall be appointed in accordancewith paragraph 4 below. 4. The Secretary- General shall appoint the presidingarbitrator from the roster of presiding arbitratorsreferred to in paragraph 5 below or, if not available, fromthe ICSID Panel of Arbitrators, provided that in both casesthe presiding arbitrator shall not be a national of thedisputing Party or a national of the Party of the disputinginvestor. 5. The Parties may establish, and thereafter maintain, aroster of 20 presiding arbitrators experienced ininternational law and investment matters. The roster members shall be appointed by agreement of the Parties andwithout regard to nationality.
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Related to Constitution of a Tribunal

  • Formation of the Tribunal (1) The arbitral tribunal shall be constituted ad hoc as follows: Each Contracting Party shall appoint one member and these two members shall agree upon a national of a third state as their chairman. Such members shall be appointed within two (2) months from the date one Contracting Party has informed the other Contracting Party of its intention to submit the dispute to an arbitral tribunal, the chairman of which shall be appointed within two (2) further months.

  • Mediation and jurisdiction 1. The data importer agrees that if the data subject invokes against it third-party beneficiary rights and/or claims compensation for damages under the Clauses, the data importer will accept the decision of the data subject:

  • Recourse to Agencies or Courts of Competent Jurisdiction Notwithstanding Section 11.2, nothing in this Agreement shall restrict the rights of a Party to file a complaint with the FERC under relevant provisions of the Federal Power Act or with the PUCO under relevant provisions of the Legal Authorities. The Parties’ agreement under this Section 11.3 is without prejudice to any Party’s right to contest jurisdiction of the FERC or PUCO to which a complaint is brought.

  • Jurisdiction of Arbitrator The arbitrator shall be without power or authority to add to, subtract from, or alter any of the terms of this Agreement. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law. The arbitrator shall have no power or authority to rule on any of the following:

  • Arbitrator's Jurisdiction The jurisdiction and authority of the arbitrator and his opinion and award shall be confined exclusively to the interpretation and/or application of the provision(s) of this Agreement at issue between the Union and the Administration. The arbitrator shall have no authority to add to, detract from, alter, amend, or modify any provision of this Agreement; to impose on either party a limitation or obligation not explicitly provided for in this Agreement; or to establish or alter any wage rate or wage structure. The arbitrator shall not hear or decide more than one grievance without the mutual consent of the Administration and the Union. The written award of the arbitrator on the merits of any grievance adjudicated within his jurisdiction and authority shall be final and binding on the aggrieved employee, the Union and the Administration, unless either party contests it before a court of competent jurisdiction as permitted by state law.

  • Jurisdiction of Committee The Committee shall not have jurisdiction over wages, or any matter of collective bargaining, including the administration of this Collective Agreement. The Committee shall not supersede the activities of any other committee of the Union or of the Employer and does not have the power to bind either the Union or its members or the Employer to any decisions or conclusions reached in their discussions. The Committee shall have the power to make recommendations to the Union and the Employer with respect to its discussions and conclusions.

  • Jury or Court Witness Duty The Employer shall grant leave of absence without loss of seniority to an employee who is called as a juror or witness in any court. The Employer shall pay such an employee the difference between the normal earnings and the payment received for jury service or court witness, excluding payment for travelling, meals, or other expenses. The employee will present proof of service and the amount of pay received.

  • COURT'S DECISION 33.01 In the event of any articles or portions of this Agreement being held improper or invalid by any Court of Law or Labour Relations Board, such decision shall not invalidate any other portions of this Agreement than those directly specified by such decision to be invalid, improper or otherwise unenforceable.

  • Location of Arbitration The arbitration shall take place in Oklahoma City, Oklahoma, and the arbitrator shall issue any award at the place of arbitration. The arbitrator may conduct hearings and meetings at any other place agreeable to the parties or, upon the motion of a party, determined by the arbitrator as necessary to obtain significant testimony or evidence.

  • Initiation of Arbitration Either party may exercise the right to arbitrate by providing the other party with written notice of any and all claims forming the basis of such right in sufficient detail to inform the other party of the substance of such claims. In no event shall the request for arbitration be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations.

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