Issues of Arbitrability Sample Clauses

Issues of Arbitrability. Questions of arbitrability of a grievance must be raised and resolved at the beginning of the arbitration hearing.
Sample 1Sample 2
AutoNDA by SimpleDocs
Issues of Arbitrability. Questions of arbitrability shall be decided by the arbitrator. The arbitrator shall make a preliminary determination of arbitrability. Once a determination has been made that the matter is arbitrable, the arbitrator shall then proceed to hear the merits of the dispute. However, a final award on the merits of the dispute shall not be rendered until a decision is made that the dispute is arbitrable.
Sample 1Sample 2
Issues of Arbitrability. Issues of arbitrability shall be bifurcated from the substantive issues and will be initially decided by an arbitrator who is selected pursuant to the process outlined in this grievance procedure. Issues of arbitrability will be determined by means of hearing conducted by telephonic or videoconference methods, unless mutually agreed otherwise. The arbitrator shall have fifteen (15) days from the hearing to render a decision on arbitrability. If the issue(s) is judged to be arbitrable, a separate arbitrator shall then be selected to hear the substantive issue(s).
Sample 1Sample 2
Issues of Arbitrability. Within ten (10) days of the hearing, the arbitrator shall hear issues of arbitrability before hearing the merits of the grievance. If the arbitrator finds the grievance is not arbitrable, it shall be referred to the parties without decision or recommendation on its merits.
Sample 1
Issues of Arbitrability. 143 If either party shall claim before the Arbitrator that a particular grievance fails to meet the tests of arbitrability, as the same are set forth in this Article, the Arbitrator shall proceed to decide such issue before proceeding to hear the case upon the merits. The Arbitrator shall have the authority to determine whether he will hear the case on its merits at the same hearing in which the jurisdictional question is presented. In any case where the Arbitrator determines that such grievance fails to meet said tests of arbitrability, he shall refer the case back to the parties without a decision or recommendation on the merits.
Sample 1

Related to Issues of Arbitrability

  • Arbitrability Issues of arbitrability shall be bifurcated from the substantive issue(s) and, whenever possible, determined by means of a hearing conducted by conference call. The arbitrator shall have ten (10) days from the hearing to render a decision on arbitrability. If the issue is judged to be arbitrable, an arbitrator shall then be selected to hear the substantive issue(s).

  • Rules of Arbitration 1. Within 10 working days of receipt of the Federation's notice of its intent to arbitrate a grievance, the Federation shall call upon the Federal Mediation and Conciliation Service for a list of five potential arbitrators. The federation will provide the employer with a simultaneous copy of the arbitration panel request.

  • Functions of Arbitral Tribunals 1. The functions of the arbitral tribunal shall be: (a) to make an objective assessment of the matter before it, including that of the facts of the case and the applicability of and conformity with this Agreement, and make the necessary findings and rulings for the resolution of the dispute; and (b) to consult regularly with the Parties offering them equal opportunities for such consultations and provide adequate opportunities for the development of a mutually satisfactory resolution. 2. The arbitral tribunal may adopt additional rules and procedures consistent with the provisions of this Chapter.

  • Cost of Arbitration The fees for a single Arbitrator or a Chair of a Board of Arbitration shall be shared equally by the parties. Other costs incurred by each party shall be the responsibility of that party.

  • Scope of Arbitration The Executive expressly understands and agrees that claims subject to arbitration under this section include asserted violations of the Employee Retirement and Income Security Act of 1974; the Age Discrimination in Employment Act; the Older Worker’s Benefit Protection Act; the Americans with Disabilities Act; Title VII of the Civil Rights Act of 1964 (as amended); the Family and Medical Leave Act; any law prohibiting discrimination, harassment or retaliation in employment; any claim of promissory estoppel or detrimental reliance, defamation, intentional infliction of emotional distress; or the public policy of any state, or any federal, state or local law.

  • Transparency of Arbitral Proceedings 1. Subject to paragraphs 2 and 3, the disputing Member State may make publicly available all awards, and decisions produced by the tribunal.

  • Costs of Arbitration Each party shall bear one half the cost of the arbitration filing and hearing fees, and the cost of the arbitrator.

  • 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.

  • Expenses of Arbitration Each party shall pay one-half of the fees and expenses of the Arbitrator.

  • 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.

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