Model Rules of Procedure for the Functioning of Arbitral Tribunals
Model Rules of Procedure for the Functioning of Arbitral Tribunals Sample Clauses
Related to Model Rules of Procedure for the Functioning of Arbitral Tribunals
Model Rules of Procedure 1. The procedure before the Panel shall be conducted in accordance with the Model Rules of Procedure set out in Annex 12 (Model Rules of Procedure). Exceptionally, the disputing Parties may agree on different rules to be applied by the Panel. 2. The Model Rules of Procedure are necessary for the good development of all the steps in this Chapter. In addition, these rules shall regulate the development of the procedure, pursuant to the following principles: (a) the procedures shall ensure the right to at least one hearing before the Panel, as well as the opportunity for each disputing Party to provide initial and rebuttal written submissions, and allow the use of any technological means to ensure its authenticity; and (b) the hearings before the Panel, the deliberations, as well as all the submissions and communications submitted during the hearings, shall be confidential. 3. If needed, the Panel shall, apart from the matters set out in this Article and in Annex 12 (Model Rules of Procedure), regulate its own procedures in relation to the settlement of the dispute in consultation with the Parties. 4. Unless otherwise agreed by the disputing Parties within 20 days following the establishment of the Panel, the terms of reference shall be: "To examine, in light of the relevant provisions of this Agreement, the matter referred to in the request for the establishment of a Panel pursuant to Article 177 (Request for a Panel) and to make findings of law and fact together with the reasons therefore for the resolution of the dispute, as well as a recommendation for its implementation, if needed."
Rules of Procedure By referring any specific grievance to be dealt with in the expedited arbitration procedure it is understood and agreed that the matter is to be dealt with in accordance with the Rules of Procedure attached to this Agreement as Appendix 1.
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.
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.
Rules of the Arbitration If the amount in controversy is less than $250,000, the arbitration will be decided by a single arbitrator. If the amount in controversy is greater than or equal to $250,000, the arbitration will be decided by a panel of three arbitrators. The arbitrator(s) will be chosen pursuant to the rules of the administering arbitration organization. United States residents may choose JAMS (0000 Xxxx Xxxxxx, Xxx. 000, Xxxxxx, XX 00000, xxx.xxxxxxx.xxx) or, subject to our approval, any other arbitration organization. In addition, Canadian residents may choose the ADR Institute of Canada (000 Xxxxxxxx Xxx. East, Suite 000, Xxxxxxx, Xxxxxxx, X0X 0X0, xxx.xxxx.xxx). These organizations’ rules can be obtained by contacting the organization or visiting its website. If the chosen arbitration organization’s rules conflict with this Arbitration Clause, the provisions of this Arbitration Clause control. The award of the arbitrator(s) shall be final and binding on all parties.
Arbitration Rules and Forum The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Exodus Movement, Inc. 000 Xxxxxx Xxxxx Xxxxx, Xxxxxxxxxx, XX 00000, with a copy to Exodus Movement, Inc. 00000 Xxxx Xxxxxx, No. 333, Omaha, NE 68137. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, will be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at xxxx://xxx.xxxxxxx.xxx/rules-streamlined-arbitration/; all other claims will be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at xxxx://xxx.xxxxxxx.xxx/rules-comprehensive- arbitration/. JAMS’s rules are also available at xxx.xxxxxxx.xxx or by calling JAMS at 000-000-0000. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Exodus will pay them for you. In addition, Exodus will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totalling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Xxxxxx will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in New Castle County, Delaware. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. All arbitration pleadings and proceedings will be conducted in English.
Dispute Resolution and Arbitration The following procedures shall be used in the resolution of disputes:
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.
GRIEVANCE AND ARBITRATION PROCEDURE 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.
GRIEVANCE PROCEDURE AND ARBITRATION 8.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable.
