Arbitrability Sample Clauses
The arbitrability clause defines which types of disputes arising under a contract can be resolved through arbitration rather than through court litigation. It typically specifies the scope of issues that are eligible for arbitration, such as commercial disagreements, and may exclude certain matters like criminal allegations or statutory claims that are not legally permitted to be arbitrated. By clearly delineating what can and cannot be arbitrated, this clause ensures that both parties understand the boundaries of the arbitration process and helps prevent jurisdictional conflicts or wasted resources on disputes that are not suitable for arbitration.
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Arbitrability. 4.13.1 If the Superintendent or his/her Designee disagrees as to the arbitrability of the dispute, he/she may request a conference to discuss the issue of arbitrability and to seek to resolve the differences between the parties.
4.13.2 If the disagreement over arbitrability persists, the Arbitrator appointed under the procedures set forth herein shall rule upon the question of arbitrability prior to hearing the merits of the dispute in question. The same Arbitrator shall schedule a second meeting to hear the dispute on its merits if the dispute is judged to be arbitrable.
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).
Arbitrability. (a) It is understood that no matter may be submitted to arbitration which has not been properly carried through the grievance procedure. The arbitrator/Board of Arbitration shall have jurisdiction to determine whether a grievance is arbitrable.
(b) The arbitrator/Board of Arbitration may extend the time for taking any step in the grievance process or arbitration procedure, even after the expiration of the time, if the arbitrator or Arbitration Board is satisfied that there are reasonable grounds for the extension and that the other party would not be unduly prejudiced by the extension.
Arbitrability. The Arbitrator/Board of Arbitration shall have jurisdiction to determine whether a grievance is arbitrable.
Arbitrability. Challenges to the arbitrability of a grievance shall be resolved in a proceeding separate from and prior to arbitration on the merits of the grievance. Within fourteen (14) calendar days following receipt of an arbitrator’s decision ruling that a challenged grievance is subject to arbitration, the parties will begin the process in Subsection 31.3(C) to select an arbitrator to rule on the merits of the grievance.
Arbitrability. The question of arbitrability of a grievance may be raised by either party no less than five (5) working days before the arbitration hearing of the grievance, on the grounds that the matter is non-arbitrable or beyond the arbitrator's jurisdiction. The first question to be placed before the arbitrator will be whether the alleged grievance is arbitrable. If the arbitrator determines the grievance is within the purview of arbitrability, the alleged grievance will be heard on its merits before the same arbitrator.
Arbitrability. In any proceeding, the first matter to be decided is the arbitrator's jurisdiction to act, which decision the arbitrator shall announce. Upon concluding that the arbitrator has no such power, the arbitrator shall make no decision or recommendation as to the merits of the grievance. Upon concluding that the issue is arbitrable, the arbitrator shall normally proceed with the hearing at the time, provided that either party may seek judicial review of the arbitrator's decision as to jurisdiction and have the hearing on the merits of the grievance delayed until such review is completed.
Arbitrability. If a dispute exists concerning the arbitrability of an issue referred to arbitration, the issue of arbitrability shall be the first issue before the arbitrator and no other matter will be considered by the arbitrator until he has issued his findings on the question of arbitrability.
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.
Arbitrability. Where the City disputes the arbitrability of a grievance that has been submitted to arbitration, the arbitrator shall first decide the question of arbitrability before rendering a decision on the merits of the grievance.