Binding Arbitration. Each member and the sector agree to exercise their best good faith 30 commercially reasonable efforts to resolve any disputes arising under this agreement through 31 direct negotiations. Breaches of this agreement which are not resolved through direct negotiation 32 shall be submitted to binding arbitration upon the request of any party at interest. Any person 33 nominated as an arbitrator hereunder by any person shall be a person of mature, sound and 34 reasonable business judgment and experience and either have (a) held a federal fishing master 35 license for at least ten years, or (b) been an attorney at law practicing in the area of fisheries for at 36 least ten years. 37 The party’s written request for arbitration shall include the name of the arbitrator selected by the 38 party requesting arbitration. The respondent party shall have ten days to provide written notice of 39 the name of the arbitrator it has selected, if any. If the other party timely selects a second 40 arbitrator, the two arbitrators will jointly select a third arbitrator within ten days. If the other 41 party does not timely select the second arbitrator, there shall be only the one arbitrator. The 42 single arbitrator or the three arbitrators so selected will schedule the arbitration hearing as soon as 43 possible thereafter. Any arbitrator must have no material ties to the sector or any member. The 44 decision of the arbitrator (or in the case of a three arbitrator panel, the decision of the majority) 45 will be final and binding. The arbitration will be conducted under the rules of (but not by) the 46 American Arbitration Association. The parties will be entitled to limited discovery as determined 47 by the arbitrator(s) in his, her or their sole discretion. All costs of arbitration shall be borne by 1 the party requesting the same. Each party shall bear its own costs of preparation and presentation, 2 unless, in the case of the sector, the Board determines to assess such costs to the applicable 3 member, which costs shall be immediately due and payable. In no event will arbitration be 5 proceedings based on such claim, dispute, or other matter in question would be barred by an 6 applicable statute of limitations. 8 The final decision of the arbitrators shall not be subject to review or appeal by any other person, 9 including any court, with the exception of NOAA in its oversight role for the purposes of 10 statutory and regulatory compliance and consistency. Any right to any such appeal is hereby 11 irrevocably waived and relinquished. Such final decision shall bind the parties and shall not 12 require any further action of enforcement or collection once docketed with the records of the 13 sector. In breach by any member of performance thereof, the sector manager may sua sponte and 14 without any notice or hearing issues a Stop Fishing Order or an Order of Expulsion respecting 15 such member in breach. 17 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 enforce any decision against any member in breach by an action for specific performance, 19 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 parties, it being understood and agreed that the Federal court for the District of Massachusetts and
Appears in 9 contracts
Sources: Sector Operations Plan and Agreement, Operations Plan and Agreement, Northeast Fishery Sector Operations Plan and Agreement
Binding Arbitration. Each member Member and the sector Sector agree to exercise their best good 4 faith 30 commercially reasonable efforts to resolve any disputes arising under this agreement Agreement through 31 5 direct negotiations. Breaches of this agreement Agreement which are not resolved through direct negotiation 32 shall 6 be submitted to binding arbitration upon the request of any party at interest. Any person 33 nominated as 7 an arbitrator hereunder by any person shall be a person of mature, sound and 34 reasonable business 8 judgment and experience and either have (a) held a federal fishing master 35 license for at least ten (10) 9 years, or (b) been an attorney at law practicing in the area of fisheries for at 36 least ten (10) years. 37 10 The party’s written request for arbitration shall include the name of the arbitrator selected by the 38 party 11 requesting arbitration. The respondent party shall have ten (10) days to provide written notice of 39 the 12 name of the arbitrator it has selected, if any. If the other party timely selects a second 40 arbitrator, the 13 two arbitrators will jointly select a third arbitrator within ten (10) days. If the other 41 party does not 14 timely select the second arbitrator, there shall be only the one arbitrator. The 42 single arbitrator or the 15 three (3) arbitrators so selected will schedule the arbitration hearing as soon as 43 possible thereafter. Any 16 arbitrator must have no material ties to the sector Sector or any memberMember. The 44 decision of the arbitrator (or in 17 the case of a three (3) arbitrator panel, the decision of the majority) 45 will be final and binding. The 18 arbitration will be conducted under the rules of (but not by) the 46 American Arbitration Association. The 19 parties will be entitled to limited discovery as determined 47 by the arbitrator(s) in his, her or their sole discretion. All costs of arbitration shall be borne by 1 the party requesting the same. Each party shall bear 21 its own costs of preparation and presentation, 2 unless, in the case of the sectorSector, the Board determines to 22 assess such costs to the applicable 3 memberMember, which costs shall be immediately due and payable. In no 23 event will arbitration be 5 available pursuant to this paragraph after the date when commencement of 24 such legal or equitable proceedings based on such claim, dispute, or other matter in question would be 25 barred by an 6 applicable statute of limitations. 8 26 The final decision of the arbitrators Arbitrators shall not be subject to review or appeal by any other person, 9 27 including any court, with the exception of NOAA NMFS in its oversight role for the purposes of 10 statutory and 28 regulatory compliance and consistency. Any right to any such appeal is hereby 11 irrevocably waived and 29 relinquished. Such final decision shall bind the parties and shall not 12 require any further action of 30 enforcement or collection once docketed with the records of the 13 sectorSector. In breach by any member Member of 1 performance thereof, the sector manager Manager may sua sponte and 14 without any notice or hearing issues a Stop 2 Fishing Order or an Order of Expulsion respecting 15 such member Member in breach. 17 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 enforce any decision against any member in breach by an action for specific performance, 19 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 parties, it being understood and agreed that the Federal court for the District of Massachusetts and.
Appears in 5 contracts
Sources: Northeast Fishery Sector Operations Plan and Agreement, Northeast Fishery Sector Operations Plan and Agreement, Northeast Fishery Sector Operations Plan and Agreement
Binding Arbitration. Each member Member and the sector Sector agree to exercise their best good 16 faith 30 commercially reasonable efforts to resolve any disputes arising under this agreement Agreement through 31 17 direct negotiations. Breaches of this agreement Agreement which are not resolved through direct negotiation 32 shall 18 be submitted to binding arbitration upon the request of any party at interest. Any person 33 nominated as 19 an arbitrator hereunder by any person shall be a person of mature, sound and 34 reasonable business 20 judgment and experience and either have (a) held a federal fishing master 35 license for at least ten (10) 21 years, or (b) been an attorney at law practicing in the area of fisheries for at 36 least ten (10) years. 37 22 The party’s written request for arbitration shall include the name of the arbitrator selected by the 38 party 23 requesting arbitration. The respondent party shall have ten (10) days to provide written notice of 39 the 24 name of the arbitrator it has selected, if any. If the other party timely selects a second 40 arbitrator, the 25 two arbitrators will jointly select a third arbitrator within ten (10) days. If the other 41 party does not 26 timely select the second arbitrator, there shall be only the one arbitrator. The 42 single arbitrator or the 27 three (3) arbitrators so selected will schedule the arbitration hearing as soon as 43 possible thereafter. Any 28 arbitrator must have no material ties to the sector Sector or any memberMember. The 44 decision of the arbitrator (or in 29 the case of a three (3) arbitrator panel, the decision of the majority) 45 will be final and binding. The 30 arbitration will be conducted under the rules of (but not by) the 46 American Arbitration Association. The 31 parties will be entitled to limited discovery as determined 47 by the arbitrator(s) in his, her or their sole discretion. All costs of arbitration shall be borne by 1 the party requesting the same. Each party shall bear 2 its own costs of preparation and presentation, 2 unless, in the case of the sectorSector, the Board determines to 3 assess such costs to the applicable 3 memberMember, which costs shall be immediately due and payable. In no 4 event will arbitration be available pursuant to this paragraph after the date when commencement of 5 such legal or equitable proceedings based on such claim, dispute, or other matter in question would be 6 barred by an 6 applicable statute of limitations. 8 The final decision of the arbitrators shall not be subject to review or appeal by any other person, 9 including any court, with the exception of NOAA in its oversight role for the purposes of 10 statutory and regulatory compliance and consistency. Any right to any such appeal is hereby 11 irrevocably waived and relinquished. Such final decision shall bind the parties and shall not 12 require any further action of enforcement or collection once docketed with the records of the 13 sector. In breach by any member of performance thereof, the sector manager may sua sponte and 14 without any notice or hearing issues a Stop Fishing Order or an Order of Expulsion respecting 15 such member in breach. 17 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 enforce any decision against any member in breach by an action for specific performance, 19 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 parties, it being understood and agreed that the Federal court for the District of Massachusetts and.
Appears in 4 contracts
Sources: Northeast Fishery Sector Operations Plan and Agreement, Northeast Fishery Sector Operations Plan and Agreement, Northeast Fishery Sector Operations Plan and Agreement
Binding Arbitration. Each member and the sector agree to exercise their best good faith 30 33 commercially reasonable efforts to resolve any disputes arising under this agreement through 31 34 direct negotiations. Breaches of this agreement which are not resolved through direct negotiation 32 35 shall be submitted to binding arbitration upon the request of any party at interest. Any person 33 36 nominated as an arbitrator hereunder by any person shall be a person of mature, sound and 34 37 reasonable business judgment and experience and either have (a) held a federal fishing master 35 38 license for at least ten years, or (b) been an attorney at law practicing in the area of fisheries for at 36 39 least ten years. 37 41 The party’s written request for arbitration shall include the name of the arbitrator selected by the 38 42 party requesting arbitration. The respondent party shall have ten days to provide written notice of 39 43 the name of the arbitrator it has selected, if any. If the other party timely selects a second 40 44 arbitrator, the two arbitrators will jointly select a third arbitrator within ten days. If the other 41 45 party does not timely select the second arbitrator, there shall be only the one arbitrator. The 42 46 single arbitrator or the three arbitrators so selected will schedule the arbitration hearing as soon as 43 47 possible thereafter. Any arbitrator must have no material ties to the sector or any member. The 44 1 decision of the arbitrator (or in the case of a three arbitrator panel, the decision of the majority) 45 2 will be final and binding. The arbitration will be conducted under the rules of (but not by) the 46 3 American Arbitration Association. The parties will be entitled to limited discovery as determined 47 4 by the arbitrator(s) in his, her or their sole discretion. All costs of arbitration shall be borne by 1 5 the party requesting the same. Each party shall bear its own costs of preparation and presentation, 2 6 unless, in the case of the sector, the Board determines to assess such costs to the applicable 3 7 member, which costs shall be immediately due and payable. In no event will arbitration be 5 9 proceedings based on such claim, dispute, or other matter in question would be barred by an 6 10 applicable statute of limitations. 8 12 The final decision of the arbitrators shall not be subject to review or appeal by any other person, 9 13 including any court, with the exception of NOAA in its oversight role for the purposes of 10 14 statutory and regulatory compliance and consistency. Any right to any such appeal is hereby 11 15 irrevocably waived and relinquished. Such final decision shall bind the parties and shall not 12 16 require any further action of enforcement or collection once docketed with the records of the 13 17 sector. In breach by any member of performance thereof, the sector manager may sua sponte and 14 18 without any notice or hearing issues a Stop Fishing Order or an Order of Expulsion respecting 15 such member in breach. 17 21 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 22 enforce any decision against any member in breach by an action for specific performance, 19 23 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 24 parties, it being understood and agreed that the Federal court for the District of Massachusetts and
Appears in 3 contracts
Sources: Fishing Sector Operations Plan and Agreement, Fishing Operations Plan and Agreement, Fishing Sector Operations Agreement
Binding Arbitration. Each member Member and the sector Sector agree to exercise their best good 9 faith 30 commercially reasonable efforts to resolve any disputes arising under this agreement Agreement through 31 10 direct negotiations. Breaches of this agreement Agreement which are not resolved through direct negotiation 32 shall 11 be submitted to binding arbitration upon the request of any party at interest. Any person 33 nominated as 12 an arbitrator hereunder by any person shall be a person of mature, sound and 34 reasonable business 13 judgment and experience and either have (a) held a federal fishing master 35 license for at least ten (10) 14 years, or (b) been an attorney at law practicing in the area of fisheries for at 36 least ten (10) years. 37 15 The party’s written request for arbitration shall include the name of the arbitrator selected by the 38 party 16 requesting arbitration. The respondent party shall have ten (10) days to provide written notice of 39 the 17 name of the arbitrator it has selected, if any. If the other party timely selects a second 40 arbitrator, the 18 two arbitrators will jointly select a third arbitrator within ten (10) days. If the other 41 party does not 19 timely select the second arbitrator, there shall be only the one arbitrator. The 42 single arbitrator or the 20 three (3) arbitrators so selected will schedule the arbitration hearing as soon as 43 possible thereafter. Any 21 arbitrator must have no material ties to the sector Sector or any memberMember. The 44 decision of the arbitrator (or in 22 the case of a three (3) arbitrator panel, the decision of the majority) 45 will be final and binding. The 23 arbitration will be conducted under the rules of (but not by) the 46 American Arbitration Association. The 24 parties will be entitled to limited discovery as determined 47 by the arbitrator(s) in his, her or their sole discretion. All costs of arbitration shall be borne by 1 the party requesting the same. Each party shall bear 26 its own costs of preparation and presentation, 2 unless, in the case of the sectorSector, the Board determines to 27 assess such costs to the applicable 3 memberMember, which costs shall be immediately due and payable. In no 28 event will arbitration be 5 available pursuant to this paragraph after the date when commencement of 29 such legal or equitable proceedings based on such claim, dispute, or other matter in question would be 30 barred by an 6 applicable statute of limitations. 8 .
1 The final decision of the arbitrators Arbitrators shall not be subject to review or appeal by any other person, 9 2 including any court, with the exception of NOAA NMFS in its oversight role for the purposes of 10 statutory and 3 regulatory compliance and consistency. Any right to any such appeal is hereby 11 irrevocably waived and 4 relinquished. Such final decision shall bind the parties and shall not 12 require any further action of 5 enforcement or collection once docketed with the records of the 13 sectorSector. In breach by any member Member of 6 performance thereof, the sector manager Manager may sua sponte and 14 without any notice or hearing issues a Stop 7 Fishing Order or an Order of Expulsion respecting 15 such member Member in breach. 17 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 enforce any decision against any member in breach by an action for specific performance, 19 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 parties, it being understood and agreed that the Federal court for the District of Massachusetts and.
Appears in 3 contracts
Sources: Northeast Fishery Sector Operations Plan and Agreement, Northeast Fishery Sector Operations Plan and Agreement, Northeast Fishery Sector Operations Plan and Agreement
Binding Arbitration. Each member Member and the sector Sector agree to exercise their best good 28 faith 30 commercially reasonable efforts to resolve any disputes arising under this agreement Agreement through 31 direct 29 negotiations. Breaches of this agreement Agreement which are not resolved through direct negotiation 32 shall be 30 submitted to binding arbitration upon the request of any party at interest. Any person 33 nominated as an 1 arbitrator hereunder by any person shall be a person of mature, sound and 34 reasonable business judgment 2 and experience and either have (a) held a federal fishing master 35 license for at least ten (10) years, or (b) 3 been an attorney at law practicing in the area of fisheries for at 36 least ten (10) years. 37 4 The party’s written request for arbitration shall include the name of the arbitrator selected by the 38 party 5 requesting arbitration. The respondent party shall have ten (10) days to provide written notice of 39 the 6 name of the arbitrator it has selected, if any. If the other party timely selects a second 40 arbitrator, the two 7 arbitrators will jointly select a third arbitrator within ten (10) days. If the other 41 party does not timely 8 select the second arbitrator, there shall be only the one arbitrator. The 42 single arbitrator or the three (3) 9 arbitrators so selected will schedule the arbitration hearing as soon as 43 possible thereafter. Any arbitrator 10 must have no material ties to the sector Sector or any memberMember. The 44 decision of the arbitrator (or in the case of 11 a three (3) arbitrator panel, the decision of the majority) 45 will be final and binding. The arbitration will be 12 conducted under the rules of (but not by) the 46 American Arbitration Association. The parties will be 13 entitled to limited discovery as determined 47 by the arbitrator(s) in his, her or their sole discretion. All costs 14 of arbitration shall be borne by 1 the party requesting the same. Each party shall bear its own costs of 15 preparation and presentation, 2 unless, in the case of the sectorSector, the Board determines to assess such costs 16 to the applicable 3 memberMember, which costs shall be immediately due and payable. In no event will arbitration 17 be 5 available pursuant to this paragraph after the date when commencement of such legal or equitable 18 proceedings based on such claim, dispute, or other matter in question would be barred by an 6 applicable 19 statute of limitations. 8 20 The final decision of the arbitrators Arbitrators shall not be subject to review or appeal by any other person, 9 including 21 any court, with the exception of NOAA NMFS in its oversight role for the purposes of 10 statutory and regulatory compliance and consistency. Any right to any such appeal is hereby 11 irrevocably waived and relinquished. Such final decision shall bind the parties and shall not 12 require any further action of enforcement or collection once docketed with the records of the 13 sector. In breach by any member of performance thereof, the sector manager may sua sponte and 14 without any notice or hearing issues a Stop Fishing Order or an Order of Expulsion respecting 15 such member in breach. 17 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 enforce any decision against any member in breach by an action for specific performance, 19 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 parties, it being understood and agreed that the Federal court for the District of Massachusetts andregulatory
Appears in 3 contracts
Sources: Northeast Fishery Sector Operations Plan and Agreement, Northeast Fishery Sector Operations Plan and Agreement, Northeast Fishery Sector Operations Plan and Agreement
Binding Arbitration. Each member Member and the sector Sector agree to exercise their best good faith 30 commercially reasonable efforts to resolve any disputes arising under this agreement Agreement through 31 direct negotiations. Breaches of this agreement Agreement which are not resolved through direct negotiation 32 shall be submitted to binding arbitration upon the request of any party at interest. Any person 33 nominated as an arbitrator hereunder by any person shall be a person of mature, sound and 34 reasonable business judgment and experience and either have (a) held a federal fishing master 35 license for at least ten (10) years, or (b) been an attorney at law practicing in the area of fisheries for at 36 least ten (10) years. 37 The party’s written request for arbitration shall include the name of the arbitrator selected by the 38 party requesting arbitration. The respondent party shall have ten (10) days to provide written notice of 39 the name of the arbitrator it has selected, if any. If the other party timely selects a second 40 arbitrator, the two arbitrators will jointly select a third arbitrator within ten (10) days. If the other 41 party does not timely select the second arbitrator, there shall be only the one arbitrator. The 42 single arbitrator or the three (3) arbitrators so selected will schedule the arbitration hearing as soon as 43 possible thereafter. Any arbitrator must have no material ties to the sector Sector or any memberMember. The 44 decision of the arbitrator (or in the case of a three (3) arbitrator panel, the decision of the majority) 45 will be final and binding. The arbitration will be conducted under the rules of (but not by) the 46 American Arbitration Association. The parties will be entitled to limited discovery as determined 47 by the arbitrator(s) in his, her or their sole discretion. All costs of arbitration shall be borne by 1 the party requesting the same. Each party shall bear its own costs of preparation and presentation, 2 unless, in the case of the sectorSector, the Board determines to assess such costs to the applicable 3 memberMember, which costs shall be immediately due and payable. In no event will arbitration be 5 available pursuant to this paragraph after the date when commencement of such legal or equitable proceedings based on such claim, dispute, or other matter in question would be barred by an 6 applicable statute of limitations. 8 The final decision of the arbitrators Arbitrators shall not be subject to review or appeal by any other person, 9 including any court, with the exception of NOAA NMFS in its oversight role for the purposes of 10 statutory and regulatory compliance and consistency. Any right to any such appeal is hereby 11 irrevocably waived and relinquished. Such final decision shall bind the parties and shall not 12 require any further action of enforcement or collection once docketed with the records of the 13 sectorSector. In breach by any member Member of performance thereof, the sector manager Manager may sua sponte and 14 without any notice or hearing issues a Stop Fishing Order or an Order of Expulsion respecting 15 such member Member in breach. 17 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 enforce any decision against any member Member in breach by an action for specific performance, 19 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 parties, it being understood and agreed that the Federal court for the District of Massachusetts andand the Massachusetts Superior Court for the County where the registered office of the Sector is located shall be deemed to have such jurisdiction
Appears in 2 contracts
Sources: Northeast Fishery Sector Operations Plan and Agreement, Northeast Fishery Sector Operations Plan and Agreement
Binding Arbitration. Each member Member and the sector Sector agree to exercise their best good 26 faith 30 commercially reasonable efforts to resolve any disputes arising under this agreement Agreement through 31 27 direct negotiations. Breaches of this agreement Agreement which are not resolved through direct negotiation 32 shall 28 be submitted to binding arbitration upon the request of any party at interest. Any person 33 nominated as 29 an arbitrator hereunder by any person shall be a person of mature, sound and 34 reasonable business 1 judgment and experience and either have (a) held a federal fishing master 35 license for at least ten (10) 2 years, or (b) been an attorney at law practicing in the area of fisheries for at 36 least ten (10) years. 37 3 The party’s written request for arbitration shall include the name of the arbitrator selected by the 38 party 4 requesting arbitration. The respondent party shall have ten (10) days to provide written notice of 39 the 5 name of the arbitrator it has selected, if any. If the other party timely selects a second 40 arbitrator, the 6 two arbitrators will jointly select a third arbitrator within ten (10) days. If the other 41 party does not 7 timely select the second arbitrator, there shall be only the one arbitrator. The 42 single arbitrator or the 8 three (3) arbitrators so selected will schedule the arbitration hearing as soon as 43 possible thereafter. Any 9 arbitrator must have no material ties to the sector Sector or any memberMember. The 44 decision of the arbitrator (or in 10 the case of a three (3) arbitrator panel, the decision of the majority) 45 will be final and binding. The 11 arbitration will be conducted under the rules of (but not by) the 46 American Arbitration Association. The 12 parties will be entitled to limited discovery as determined 47 by the arbitrator(s) in his, her or their sole discretion. All costs of arbitration shall be borne by 1 the party requesting the same. Each party shall bear 14 its own costs of preparation and presentation, 2 unless, in the case of the sectorSector, the Board determines to 15 assess such costs to the applicable 3 memberMember, which costs shall be immediately due and payable. In no 16 event will arbitration be 5 available pursuant to this paragraph after the date when commencement of 17 such legal or equitable proceedings based on such claim, dispute, or other matter in question would be 18 barred by an 6 applicable statute of limitations. 8 The final decision of the arbitrators shall not be subject to review or appeal by any other person, 9 including any court, with the exception of NOAA in its oversight role for the purposes of 10 statutory and regulatory compliance and consistency. Any right to any such appeal is hereby 11 irrevocably waived and relinquished. Such final decision shall bind the parties and shall not 12 require any further action of enforcement or collection once docketed with the records of the 13 sector. In breach by any member of performance thereof, the sector manager may sua sponte and 14 without any notice or hearing issues a Stop Fishing Order or an Order of Expulsion respecting 15 such member in breach. 17 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 enforce any decision against any member in breach by an action for specific performance, 19 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 parties, it being understood and agreed that the Federal court for the District of Massachusetts and.
Appears in 2 contracts
Sources: Northeast Fishery Sector Operations Plan and Agreement, Northeast Fishery Sector Operations Plan and Agreement
Binding Arbitration. Each member Member and the sector Sector agree to exercise their best good 18 faith 30 commercially reasonable efforts to resolve any disputes arising under this agreement Agreement through 31 19 direct negotiations. Breaches of this agreement Agreement which are not resolved through direct negotiation 32 shall 20 be submitted to binding arbitration upon the request of any party at interest. Any person 33 nominated as 21 an arbitrator hereunder by any person shall be a person of mature, sound and 34 reasonable business 22 judgment and experience and either have (a) held a federal fishing master 35 license for at least ten (10) 23 years, or (b) been an attorney at law practicing in the area of fisheries for at 36 least ten (10) years. 37 24 The party’s written request for arbitration shall include the name of the arbitrator selected by the 38 party 25 requesting arbitration. The respondent party shall have ten (10) days to provide written notice of 39 the 26 name of the arbitrator it has selected, if any. If the other party timely selects a second 40 arbitrator, the 27 two arbitrators will jointly select a third arbitrator within ten (10) days. If the other 41 party does not 28 timely select the second arbitrator, there shall be only the one arbitrator. The 42 single arbitrator or the 29 three (3) arbitrators so selected will schedule the arbitration hearing as soon as 43 possible thereafter. Any 30 arbitrator must have no material ties to the sector Sector or any memberMember. The 44 decision of the arbitrator (or in 31 the case of a three (3) arbitrator panel, the decision of the majority) 45 will be final and binding. The 1 arbitration will be conducted under the rules of (but not by) the 46 American Arbitration Association. The 2 parties will be entitled to limited discovery as determined 47 by the arbitrator(s) in his, her or their sole discretion. All costs of arbitration shall be borne by 1 the party requesting the same. Each party shall bear 4 its own costs of preparation and presentation, 2 unless, in the case of the sectorSector, the Board determines to 5 assess such costs to the applicable 3 memberMember, which costs shall be immediately due and payable. In no 6 event will arbitration be 5 available pursuant to this paragraph after the date when commencement of 7 such legal or equitable proceedings based on such claim, dispute, or other matter in question would be 8 barred by an 6 applicable statute of limitations. 8 The final decision of the arbitrators shall not be subject to review or appeal by any other person, 9 including any court, with the exception of NOAA in its oversight role for the purposes of 10 statutory and regulatory compliance and consistency. Any right to any such appeal is hereby 11 irrevocably waived and relinquished. Such final decision shall bind the parties and shall not 12 require any further action of enforcement or collection once docketed with the records of the 13 sector. In breach by any member of performance thereof, the sector manager may sua sponte and 14 without any notice or hearing issues a Stop Fishing Order or an Order of Expulsion respecting 15 such member in breach. 17 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 enforce any decision against any member in breach by an action for specific performance, 19 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 parties, it being understood and agreed that the Federal court for the District of Massachusetts and.
Appears in 2 contracts
Sources: Northeast Fishery Sector Operations Plan and Agreement, Northeast Fishery Sector Operations Plan and Agreement
Binding Arbitration. Each member Member and the sector Sector agree to exercise their best good 26 faith 30 commercially reasonable efforts to resolve any disputes arising under this agreement Agreement through 31 direct 27 negotiations. Breaches of this agreement Agreement which are not resolved through direct negotiation 32 shall be 28 submitted to binding arbitration upon the request of any party at interest. Any person 33 nominated as an 29 arbitrator hereunder by any person shall be a person of mature, sound and 34 reasonable business judgment 30 and experience and either have (a) held a federal fishing master 35 license for at least ten (10) years, or (b) 31 been an attorney at law practicing in the area of fisheries for at 36 least ten (10) years. 37 1 The party’s written request for arbitration shall include the name of the arbitrator selected by the 38 party 2 requesting arbitration. The respondent party shall have ten (10) days to provide written notice of 39 the 3 name of the arbitrator it has selected, if any. If the other party timely selects a second 40 arbitrator, the two 4 arbitrators will jointly select a third arbitrator within ten (10) days. If the other 41 party does not timely 5 select the second arbitrator, there shall be only the one arbitrator. The 42 single arbitrator or the three (3) 6 arbitrators so selected will schedule the arbitration hearing as soon as 43 possible thereafter. Any arbitrator 7 must have no material ties to the sector Sector or any memberMember. The 44 decision of the arbitrator (or in the case of 8 a three (3) arbitrator panel, the decision of the majority) 45 will be final and binding. The arbitration will be conducted under the rules of (but not by) the 46 American Arbitration Association. The parties will be entitled to limited discovery as determined 47 by the arbitrator(s) in his, her or their sole discretion. All costs of arbitration shall be borne by 1 the party requesting the same. Each party shall bear its own costs of 12 preparation and presentation, 2 unless, in the case of the sectorSector, the Board determines to assess such costs 13 to the applicable 3 memberMember, which costs shall be immediately due and payable. In no event will arbitration 14 be 5 available pursuant to this paragraph after the date when commencement of such legal or equitable 15 proceedings based on such claim, dispute, or other matter in question would be barred by an 6 applicable 16 statute of limitations. 8 The final decision of the arbitrators shall not be subject to review or appeal by any other person, 9 including any court, with the exception of NOAA in its oversight role for the purposes of 10 statutory and regulatory compliance and consistency. Any right to any such appeal is hereby 11 irrevocably waived and relinquished. Such final decision shall bind the parties and shall not 12 require any further action of enforcement or collection once docketed with the records of the 13 sector. In breach by any member of performance thereof, the sector manager may sua sponte and 14 without any notice or hearing issues a Stop Fishing Order or an Order of Expulsion respecting 15 such member in breach. 17 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 enforce any decision against any member in breach by an action for specific performance, 19 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 parties, it being understood and agreed that the Federal court for the District of Massachusetts and.
Appears in 1 contract
Sources: Northeast Fishery Sector Operations Plan and Agreement
Binding Arbitration. Each member and the sector agree to exercise their best good faith 30 33 commercially reasonable efforts to resolve any disputes arising under this agreement through 31 34 direct negotiations. Breaches of this agreement which are not resolved through direct negotiation 32 35 shall be submitted to binding arbitration upon the request of any party at interest. Any person 33 36 nominated as an arbitrator hereunder by any person shall be a person of mature, sound and 34 37 reasonable business judgment and experience and either have (a) held a federal fishing master 35 38 license for at least ten years, or (b) been an attorney at law practicing in the area of fisheries for at 36 39 least ten years. 37 40 The party’s written request for arbitration shall include the name of the arbitrator selected by the 38 41 party requesting arbitration. The respondent party shall have ten days to provide written notice of 39 42 the name of the arbitrator it has selected, if any. If the other party timely selects a second 40 43 arbitrator, the two arbitrators will jointly select a third arbitrator within ten days. If the other 41 44 party does not timely select the second arbitrator, there shall be only the one arbitrator. The 42 45 single arbitrator or the three arbitrators so selected will schedule the arbitration hearing as soon as 43 46 possible thereafter. Any arbitrator must have no material ties to the sector or any member. The 44 47 decision of the arbitrator (or in the case of a three arbitrator panel, the decision of the majority) 45 1 will be final and binding. The arbitration will be conducted under the rules of (but not by) the 46 2 American Arbitration Association. The parties will be entitled to limited discovery as determined 47 3 by the arbitrator(s) in his, her or their sole discretion. All costs of arbitration shall be borne by 1 4 the party requesting the same. Each party shall bear its own costs of preparation and presentation, 2 5 unless, in the case of the sector, the Board determines to assess such costs to the applicable 3 6 member, which costs shall be immediately due and payable. In no event will arbitration be 5 8 proceedings based on such claim, dispute, or other matter in question would be barred by an 6 9 applicable statute of limitations. 8 11 The final decision of the arbitrators shall not be subject to review or appeal by any other person, 9 12 including any court, with the exception of NOAA in its oversight role for the purposes of 10 13 statutory and regulatory compliance and consistency. Any right to any such appeal is hereby 11 14 irrevocably waived and relinquished. Such final decision shall bind the parties and shall not 12 15 require any further action of enforcement or collection once docketed with the records of the 13 16 sector. In breach by any member of performance thereof, the sector manager may sua sponte and 14 17 without any notice or hearing issues a Stop Fishing Order or an Order of Expulsion respecting 15 18 such member in breach. 17 20 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 21 enforce any decision against any member in breach by an action for specific performance, 19 22 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 23 parties, it being understood and agreed that the Federal court for the District of Massachusetts andand 24 the Massachusetts Superior Court for the County where the registered office of the sector is 25 located shall be deemed to have such jurisdiction.
2 1. Sector Members: The following table identifies all NEFS 11 members. 20 150208 unnamed (CPH) 85 151405 unnamed (CPH) 98 221742 Last ▇▇▇▇▇ 101 144049 Sweet Scantum II (CPH) 193 231422 ▇▇▇▇▇ ▇▇▇ 209 151577 ▇▇▇▇▇▇ ▇▇▇▇ (CPH) 270 146669 ▇▇▇▇▇▇▇ ▇▇▇▇▇ (CPH) 291 240738 ▇▇▇▇▇ ▇▇▇▇▇ (CPH) 298 149374 Rim Rack 300 223596 Pier Pressure (CPH) 344 152708 Skiff (CPH) 350 149502 unnamed (CPH) 389 152372 ▇▇▇▇▇▇ ▇▇▇ (CPH) 437 131421 Lady ▇▇▇▇▇▇▇▇ 438 310609 ▇▇▇ ▇▇▇▇▇ 509 147937 ▇▇▇▇▇▇ ▇▇▇▇▇ 541 150865 Delilah (CPH) 1197 148571 Lady ▇▇▇▇▇▇▇▇ (CPH) 1390 149302 Red Dog 1419 146928 ▇▇▇▇ ▇▇▇▇▇ 1425 150208 Paniolo 1572 150341 Gipper 1573 151180 Skiff (CPH) 1694 152682 Dewy 1717 152524 Miss Maura 1735 118675 ▇▇▇▇▇ ▇▇▇▇▇▇▇ (CPH) 1745 149496 ▇▇▇▇▇▇▇▇ ▇ (CPH) 1747 151405 ▇▇▇▇▇▇ ▇▇▇▇▇ (CPH) 1765 109689 ▇▇▇▇ ▇▇▇▇ (CPH) 1782 148837 Wil-Mar 1789 151714 Witchcraft 1879 147937 ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ (CPH) 1891 150511 Cupcake (CPH) 1913 150647 ▇▇▇▇▇ ▇▇▇▇ ▇▇▇ 1920 146679 ▇▇▇▇▇ ▇▇▇▇ (CPH) 1969 148106 ▇▇▇▇▇ & ▇▇▇▇▇▇▇▇▇ 1990 233539 ▇▇▇▇▇▇▇ and ▇▇▇▇▇▇ (CPH) 2007 221526 ▇▇▇▇▇▇▇▇▇▇▇ ▇ (CPH) 2058 151568 Calculated Risk II (CPH) 2077 151663 ▇▇▇▇▇ 2241 150718 unnamed
Appears in 1 contract
Sources: Fishing Operations Agreement
Binding Arbitration. Each member Member and the sector Sector agree to exercise their best good 18 faith 30 commercially reasonable efforts to resolve any disputes arising under this agreement Agreement through 31 19 direct negotiations. Breaches of this agreement Agreement which are not resolved through direct negotiation 32 shall 20 be submitted to binding arbitration upon the request of any party at interest. Any person 33 nominated as 21 an arbitrator hereunder by any person shall be a person of mature, sound and 34 reasonable business 22 judgment and experience and either have (a) held a federal fishing master 35 license for at least ten (10) 23 years, or (b) been an attorney at law practicing in the area of fisheries for at 36 least ten (10) years. 37 24 The party’s written request for arbitration shall include the name of the arbitrator selected by the 38 party 25 requesting arbitration. The respondent party shall have ten (10) days to provide written notice of 39 the 26 name of the arbitrator it has selected, if any. If the other party timely selects a second 40 arbitrator, the 27 two arbitrators will jointly select a third arbitrator within ten (10) days. If the other 41 party does not 28 timely select the second arbitrator, there shall be only the one arbitrator. The 42 single arbitrator or the 29 three (3) arbitrators so selected will schedule the arbitration hearing as soon as 43 possible thereafter. Any 30 arbitrator must have no material ties to the sector Sector or any memberMember. The 44 decision of the arbitrator (or in 31 the case of a three (3) arbitrator panel, the decision of the majority) 45 will be final and binding. The 1 arbitration will be conducted under the rules of (but not by) the 46 American Arbitration Association. The 2 parties will be entitled to limited discovery as determined 47 by the arbitrator(s) in his, her or their sole discretion. All costs of arbitration shall be borne by 1 the party requesting the same. Each party shall bear 4 its own costs of preparation and presentation, 2 unless, in the case of the sectorSector, the Board determines to 5 assess such costs to the applicable 3 memberMember, which costs shall be immediately due and payable. In no 6 event will arbitration be 5 available pursuant to this paragraph after the date when commencement of 7 such legal or equitable proceedings based on such claim, dispute, or other matter in question would be 8 barred by an 6 applicable statute of limitations. 8 The final decision of the arbitrators shall not be subject to review or appeal by any other person, 9 including any court, with the exception of NOAA in its oversight role for the purposes of 10 statutory and regulatory compliance and consistency. Any right to any such appeal is hereby 11 irrevocably waived and relinquished. Such final decision shall bind the parties and shall not 12 require any further action of enforcement or collection once docketed with the records of the 13 sector. In breach by any member of 14 performance thereof, the sector manager Manager may sua sponte and 14 without any notice or hearing issues a Stop 15 Fishing Order or an Order of Expulsion respecting 15 such member Member in breach. 17 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 enforce any decision against any member in breach by an action for specific performance, 19 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 parties, it being understood and agreed that the Federal court for the District of Massachusetts and.
Appears in 1 contract
Sources: Northeast Fishery Sector Operations Plan and Agreement
Binding Arbitration. Each member Member and the sector Sector agree to exercise their best good faith 30 commercially reasonable efforts to resolve any disputes arising under this agreement through 31 direct negotiations. Breaches of this agreement which are not resolved through direct negotiation 32 shall be submitted to binding arbitration upon the request of any party at interest. Any person 33 nominated as an arbitrator hereunder by any person shall be a person of mature, sound and 34 reasonable business judgment and experience and either have (a) held a federal fishing master 35 license for at least ten 15 years, or (b) been an attorney at law practicing in the area of fisheries for at 36 least ten (10) years. 37 16 The party’s written request for arbitration shall include the name of the arbitrator selected by the 38 party 17 requesting arbitration. The respondent party shall have ten (10) days to provide written notice of 39 the 18 name of the arbitrator it has selected, if any. If the other party timely selects a second 40 arbitrator, the 19 two arbitrators will jointly select a third arbitrator within ten (10) days. If the other 41 party does not 20 timely select the second arbitrator, there shall be only the one arbitrator. The 42 single arbitrator or the 21 three (3) arbitrators so selected will schedule the arbitration hearing as soon as 43 possible thereafter. Any 22 arbitrator must have no material ties to the sector Sector or any memberMember. The 44 decision of the arbitrator (or in 23 the case of a three (3) arbitrator panel, the decision of the majority) 45 will be final and binding. The 24 arbitration will be conducted under the rules of (but not by) the 46 American Arbitration Association. The 25 parties will be entitled to limited discovery as determined 47 by the arbitrator(s) in his, her or their sole discretion. All costs of arbitration shall be borne by 1 the party requesting the same. Each party shall bear 27 its own costs of preparation and presentation, 2 unless, in the case of the sectorSector, the Board determines to 28 assess such costs to the applicable 3 memberMember, which costs shall be immediately due and payable. In no 29 event will arbitration be 5 available pursuant to this paragraph after the date when commencement of 30 such legal or equitable proceedings based on such claim, dispute, or other matter in question would be 31 barred by an 6 applicable statute of limitations. 8 1 The final decision of the arbitrators Arbitrators shall not be subject to review or appeal by any other person, 9 2 including any court, with the exception of NOAA NMFS in its oversight role for the purposes of 10 statutory and 3 regulatory compliance and consistency. Any right to any such appeal is hereby 11 irrevocably waived and relinquished. Such final decision shall bind the parties and shall not 12 require any further action of enforcement or collection once docketed with the records of the 13 sector. In breach by any member of performance thereof, the sector manager may sua sponte and 14 without any notice or hearing issues a Stop Fishing Order or an Order of Expulsion respecting 15 such member in breach. 17 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 enforce any decision against any member in breach by an action for specific performance, 19 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 parties, it being understood and agreed that the Federal court for the District of Massachusetts and
Appears in 1 contract
Sources: Sector Agreement
Binding Arbitration. Each member and the sector agree to exercise their best good faith 30 33 commercially reasonable efforts to resolve any disputes arising under this agreement through 31 34 direct negotiations. Breaches of this agreement which are not resolved through direct negotiation 32 35 shall be submitted to binding arbitration upon the request of any party at interest. Any person 33 36 nominated as an arbitrator hereunder by any person shall be a person of mature, sound and 34 37 reasonable business judgment and experience and either have (a) held a federal fishing master 35 38 license for at least ten years, or (b) been an attorney at law practicing in the area of fisheries for at 36 39 least ten years. 37 40 The party’s written request for arbitration shall include the name of the arbitrator selected by the 38 41 party requesting arbitration. The respondent party shall have ten days to provide written notice of 39 42 the name of the arbitrator it has selected, if any. If the other party timely selects a second 40 43 arbitrator, the two arbitrators will jointly select a third arbitrator within ten days. If the other 41 44 party does not timely select the second arbitrator, there shall be only the one arbitrator. The 42 45 single arbitrator or the three arbitrators so selected will schedule the arbitration hearing as soon as 43 46 possible thereafter. Any arbitrator must have no material ties to the sector or any member. The 44 47 decision of the arbitrator (or in the case of a three arbitrator panel, the decision of the majority) 45 1 will be final and binding. The arbitration will be conducted under the rules of (but not by) the 46 2 American Arbitration Association. The parties will be entitled to limited discovery as determined 47 3 by the arbitrator(s) in his, her or their sole discretion. All costs of arbitration shall be borne by 1 4 the party requesting the same. Each party shall bear its own costs of preparation and presentation, 2 5 unless, in the case of the sector, the Board determines to assess such costs to the applicable 3 6 member, which costs shall be immediately due and payable. In no event will arbitration be 5 8 proceedings based on such claim, dispute, or other matter in question would be barred by an 6 9 applicable statute of limitations. 8 11 The final decision of the arbitrators shall not be subject to review or appeal by any other person, 9 12 including any court, with the exception of NOAA in its oversight role for the purposes of 10 13 statutory and regulatory compliance and consistency. Any right to any such appeal is hereby 11 14 irrevocably waived and relinquished. Such final decision shall bind the parties and shall not 12 15 require any further action of enforcement or collection once docketed with the records of the 13 16 sector. In breach by any member of performance thereof, the sector manager may sua sponte and 14 17 without any notice or hearing issues a Stop Fishing Order or an Order of Expulsion respecting 15 18 such member in breach. 17 20 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 21 enforce any decision against any member in breach by an action for specific performance, 19 22 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 23 parties, it being understood and agreed that the Federal court for the District of Massachusetts andand 24 the Massachusetts Superior Court for the County where the registered office of the sector is 25 located shall be deemed to have such jurisdiction.
2 1. Sector Members: The following table identifies all NEFS 11 members. 20 150208 unnamed (CPH) 85 151405 unnamed (CPH) 98 221742 Last ▇▇▇▇▇ 101 144049 Sweet Sanctum II (CPH) 193 231422 ▇▇▇▇▇ ▇▇▇ 209 151577 ▇▇▇▇▇▇ ▇▇▇▇ (CPH) 253 122647 ▇▇▇▇▇▇▇▇ ▇ 270 146669 ▇▇▇▇▇▇▇ ▇▇▇▇▇ (CPH) 291 240738 ▇▇▇▇▇ ▇▇▇▇▇ 298 149374 Rim Rack 300 223596 Pier Pressure (CPH) 344 152708 Skiff (CPH) 350 149502 unnamed (CPH) 389 152372 ▇▇▇▇▇▇ ▇▇▇ (CPH) 437 131421 Lady ▇▇▇▇▇▇▇▇ 438 310609 ▇▇▇ ▇▇▇▇▇ 509 147937 ▇▇▇▇▇▇ ▇▇▇▇▇ 541 150865 Delilah (CPH) 1197 148571 Lady ▇▇▇▇▇▇▇▇ (CPH) 1390 149302 Red Dog 1419 146928 ▇▇▇▇ ▇▇▇▇▇ 1425 211035 Paniolo 1572 150341 Gipper 1573 151180 Skiff (CPH) 1694 152682 Dewy 1699 150583 unnamed 1735 118675 ▇▇▇▇▇ ▇▇▇▇▇▇▇ (CPH) 1745 149496 ▇▇▇▇▇▇▇▇ ▇ (CPH) 1747 151405 ▇▇▇▇▇▇ ▇▇▇▇▇ (CPH) 1765 109689 ▇▇▇▇ ▇▇▇▇ (CPH) 1781 146759 ▇▇▇▇ ▇▇▇▇ (CPH) 1782 148837 Wil-Mar 1789 151714 Witchcraft 1879 147937 ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ (CPH) 1891 150511 Cupcake (CPH) 1913 150647 ▇▇▇▇▇ ▇▇▇▇ ▇▇▇ 1920 146679 ▇▇▇▇▇ ▇▇▇▇ 1969 148106 ▇▇▇▇▇ & ▇▇▇▇▇▇▇▇▇ 1990 233539 Jacquie and ▇▇▇▇▇▇ (CPH) 2007 221526 ▇▇▇▇▇▇▇▇▇▇▇ ▇ (CPH) 2058 151568 Calculated Risk II (CPH) 2077 151663 ▇▇▇▇▇ 2241 150718 unnamed
Appears in 1 contract
Sources: Fishing Sector Operations Agreement
Binding Arbitration. Each member Member and the sector Sector agree to exercise their best good 10 faith 30 commercially reasonable efforts to resolve any disputes arising under this agreement Agreement through 31 11 direct negotiations. Breaches of this agreement Agreement which are not resolved through direct negotiation 32 shall 12 be submitted to binding arbitration upon the request of any party at interest. Any person 33 nominated as 13 an arbitrator hereunder by any person shall be a person of mature, sound and 34 reasonable business 14 judgment and experience and either have (a) held a federal fishing master 35 license for at least ten (10) 15 years, or (b) been an attorney at law practicing in the area of fisheries for at 36 least ten (10) years. 37 16 The party’s written request for arbitration shall include the name of the arbitrator selected by the 38 party 17 requesting arbitration. The respondent party shall have ten (10) days to provide written notice of 39 the 18 name of the arbitrator it has selected, if any. If the other party timely selects a second 40 arbitrator, the 19 two arbitrators will jointly select a third arbitrator within ten (10) days. If the other 41 party does not 20 timely select the second arbitrator, there shall be only the one arbitrator. The 42 single arbitrator or the 21 three (3) arbitrators so selected will schedule the arbitration hearing as soon as 43 possible thereafter. Any 22 arbitrator must have no material ties to the sector Sector or any memberMember. The 44 decision of the arbitrator (or in 23 the case of a three (3) arbitrator panel, the decision of the majority) 45 will be final and binding. The 24 arbitration will be conducted under the rules of (but not by) the 46 American Arbitration Association. The 25 parties will be entitled to limited discovery as determined 47 by the arbitrator(s) in his, her or their sole discretion. All costs of arbitration shall be borne by 1 the party requesting the same. Each party shall bear 27 its own costs of preparation and presentation, 2 unless, in the case of the sectorSector, the Board determines to 28 assess such costs to the applicable 3 memberMember, which costs shall be immediately due and payable. In no 29 event will arbitration be 5 available pursuant to this paragraph after the date when commencement of 30 such legal or equitable proceedings based on such claim, dispute, or other matter in question would be 31 barred by an 6 applicable statute of limitations. 8 1 The final decision of the arbitrators Arbitrators shall not be subject to review or appeal by any other person, 9 2 including any court, with the exception of NOAA NMFS in its oversight role for the purposes of 10 statutory and 3 regulatory compliance and consistency. Any right to any such appeal is hereby 11 irrevocably waived and 4 relinquished. Such final decision shall bind the parties and shall not 12 require any further action of 5 enforcement or collection once docketed with the records of the 13 sectorSector. In breach by any member Member of 6 performance thereof, the sector manager Manager may sua sponte and 14 without any notice or hearing issues a Stop 7 Fishing Order or an Order of Expulsion respecting 15 such member Member in breach. 17 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 enforce any decision against any member in breach by an action for specific performance, 19 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 parties, it being understood and agreed that the Federal court for the District of Massachusetts and.
Appears in 1 contract
Sources: Sector Agreement
Binding Arbitration. Each member Member and the sector Sector agree to exercise their best good 28 faith 30 commercially reasonable efforts to resolve any disputes arising under this agreement Agreement through 31 29 direct negotiations. Breaches of this agreement Agreement which are not resolved through direct negotiation 32 shall 30 be submitted to binding arbitration upon the request of any party at interest. Any person 33 nominated as 1 an arbitrator hereunder by any person shall be a person of mature, sound and 34 reasonable business 2 judgment and experience and either have (a) held a federal fishing master 35 license for at least ten (10) 3 years, or (b) been an attorney at law practicing in the area of fisheries for at 36 least ten (10) years. 37 4 The party’s written request for arbitration shall include the name of the arbitrator selected by the 38 party 5 requesting arbitration. The respondent party shall have ten (10) days to provide written notice of 39 the 6 name of the arbitrator it has selected, if any. If the other party timely selects a second 40 arbitrator, the 7 two arbitrators will jointly select a third arbitrator within ten (10) days. If the other 41 party does not 8 timely select the second arbitrator, there shall be only the one arbitrator. The 42 single arbitrator or the 9 three (3) arbitrators so selected will schedule the arbitration hearing as soon as 43 possible thereafter. Any 10 arbitrator must have no material ties to the sector Sector or any memberMember. The 44 decision of the arbitrator (or in 11 the case of a three (3) arbitrator panel, the decision of the majority) 45 will be final and binding. The 12 arbitration will be conducted under the rules of (but not by) the 46 American Arbitration Association. The 13 parties will be entitled to limited discovery as determined 47 by the arbitrator(s) in his, her or their sole discretion. All costs of arbitration shall be borne by 1 the party requesting the same. Each party shall bear 15 its own costs of preparation and presentation, 2 unless, in the case of the sectorSector, the Board determines to 16 assess such costs to the applicable 3 memberMember, which costs shall be immediately due and payable. In no 17 event will arbitration be 5 available pursuant to this paragraph after the date when commencement of 18 such legal or equitable proceedings based on such claim, dispute, or other matter in question would be 19 barred by an 6 applicable statute of limitations. 8 20 The final decision of the arbitrators Arbitrators shall not be subject to review or appeal by any other person, 9 21 including any court, with the exception of NOAA NMFS in its oversight role for the purposes of 10 statutory and 22 regulatory compliance and consistency. Any right to any such appeal is hereby 11 irrevocably waived and 23 relinquished. Such final decision shall bind the parties and shall not 12 require any further action of 24 enforcement or collection once docketed with the records of the 13 sectorSector. In breach by any member Member of 25 performance thereof, the sector manager Manager may sua sponte and 14 without any notice or hearing issues a Stop 26 Fishing Order or an Order of Expulsion respecting 15 such member Member in breach. 17 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 enforce any decision against any member in breach by an action for specific performance, 19 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 parties, it being understood and agreed that the Federal court for the District of Massachusetts and.
Appears in 1 contract
Sources: Northeast Fishery Sector Operations Plan and Agreement
Binding Arbitration. Each member Member and the sector Sector agree to exercise their best good 23 faith 30 commercially reasonable efforts to resolve any disputes arising under this agreement Agreement through 31 direct 24 negotiations. Breaches of this agreement Agreement which are not resolved through direct negotiation 32 shall be 25 submitted to binding arbitration upon the request of any party at interest. Any person 33 nominated as an 26 arbitrator hereunder by any person shall be a person of mature, sound and 34 reasonable business judgment 27 and experience and either have (a) held a federal fishing master 35 license for at least ten (10) years, or (b) 28 been an attorney at law practicing in the area of fisheries for at 36 least ten (10) years. 37 29 The party’s written request for arbitration shall include the name of the arbitrator selected by the 38 party 30 requesting arbitration. The respondent party shall have ten (10) days to provide written notice of 39 the 1 name of the arbitrator it has selected, if any. If the other party timely selects a second 40 arbitrator, the two 2 arbitrators will jointly select a third arbitrator within ten (10) days. If the other 41 party does not timely 3 select the second arbitrator, there shall be only the one arbitrator. The 42 single arbitrator or the three (3) 4 arbitrators so selected will schedule the arbitration hearing as soon as 43 possible thereafter. Any arbitrator 5 must have no material ties to the sector Sector or any memberMember. The 44 decision of the arbitrator (or in the case of 6 a three (3) arbitrator panel, the decision of the majority) 45 will be final and binding. The arbitration will be 7 conducted under the rules of (but not by) the 46 American Arbitration Association. The parties will be 8 entitled to limited discovery as determined 47 by the arbitrator(s) in his, her or their sole discretion. All costs 12 be available pursuant to this paragraph after the date when commencement of arbitration shall be borne by 1 the party requesting the same. Each party shall bear its own costs of preparation and presentation, 2 unless, in the case of the sector, the Board determines to assess such costs to the applicable 3 member, which costs shall be immediately due and payable. In no event will arbitration be 5 legal or equitable 13 proceedings based on such claim, dispute, or other matter in question would be barred by an 6 applicable 14 statute of limitations. 8 15 The final decision of the arbitrators Arbitrators shall not be subject to review or appeal by any other person, 9 including 16 any court, with the exception of NOAA NMFS in its oversight role for the purposes of 10 statutory and regulatory compliance and consistency. Any right to any such appeal is hereby 11 irrevocably waived and relinquished. Such final decision shall bind the parties and shall not 12 require any further action of enforcement or collection once docketed with the records of the 13 sector. In breach by any member of performance thereof, the sector manager may sua sponte and 14 without any notice or hearing issues a Stop Fishing Order or an Order of Expulsion respecting 15 such member in breach. 17 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 enforce any decision against any member in breach by an action for specific performance, 19 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 parties, it being understood and agreed that the Federal court for the District of Massachusetts andregulatory
Appears in 1 contract
Sources: Northeast Fishery Sector Operations Plan and Agreement
Binding Arbitration. Each member and the sector agree to exercise their best good faith 30 33 commercially reasonable efforts to resolve any disputes arising under this agreement through 31 34 direct negotiations. Breaches of this agreement which are not resolved through direct negotiation 32 35 shall be submitted to binding arbitration upon the request of any party at interest. Any person 33 36 nominated as an arbitrator hereunder by any person shall be a person of mature, sound and 34 37 reasonable business judgment and experience and either have (a) held a federal fishing master 35 38 license for at least ten years, or (b) been an attorney at law practicing in the area of fisheries for at 36 39 least ten years. 37 40 The party’s written request for arbitration shall include the name of the arbitrator selected by the 38 41 party requesting arbitration. The respondent party shall have ten days to provide written notice of 39 42 the name of the arbitrator it has selected, if any. If the other party timely selects a second 40 43 arbitrator, the two arbitrators will jointly select a third arbitrator within ten days. If the other 41 44 party does not timely select the second arbitrator, there shall be only the one arbitrator. The 42 45 single arbitrator or the three arbitrators so selected will schedule the arbitration hearing as soon as 43 46 possible thereafter. Any arbitrator must have no material ties to the sector or any member. The 44 47 decision of the arbitrator (or in the case of a three arbitrator panel, the decision of the majority) 45 1 will be final and binding. The arbitration will be conducted under the rules of (but not by) the 46 2 American Arbitration Association. The parties will be entitled to limited discovery as determined 47 3 by the arbitrator(s) in his, her or their sole discretion. All costs of arbitration shall be borne by 1 4 the party requesting the same. Each party shall bear its own costs of preparation and presentation, 2 5 unless, in the case of the sector, the Board determines to assess such costs to the applicable 3 6 member, which costs shall be immediately due and payable. In no event will arbitration be 5 8 proceedings based on such claim, dispute, or other matter in question would be barred by an 6 9 applicable statute of limitations. 8 11 The final decision of the arbitrators shall not be subject to review or appeal by any other person, 9 12 including any court, with the exception of NOAA in its oversight role for the purposes of 10 13 statutory and regulatory compliance and consistency. Any right to any such appeal is hereby 11 14 irrevocably waived and relinquished. Such final decision shall bind the parties and shall not 12 15 require any further action of enforcement or collection once docketed with the records of the 13 16 sector. In breach by any member of performance thereof, the sector manager may sua sponte and 14 17 without any notice or hearing issues a Stop Fishing Order or an Order of Expulsion respecting 15 18 such member in breach. 17 20 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 21 enforce any decision against any member in breach by an action for specific performance, 19 22 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 23 parties, it being understood and agreed that the Federal court for the District of Massachusetts and
Appears in 1 contract
Sources: Sector Operations Plan and Agreement
Binding Arbitration. Each member In the event that the Parties are unable to resolve a Dispute within ten (10) Days of the initial meeting of senior officers in accordance with Section 8.1, such Dispute shall be resolved by binding arbitration in accordance with the following:
8.2.1 The arbitral tribunal (the "Tribunal") shall be composed of three (3) arbitrators appointed as follows:
8.2.1.1 each Party shall appoint an arbitrator, and the sector agree to exercise their best good faith 30 commercially reasonable efforts to resolve any disputes arising under this agreement through 31 direct negotiations. Breaches of this agreement which are not resolved through direct negotiation 32 two arbitrators so appointed shall be submitted to binding arbitration upon the request of any party at interest. Any person 33 nominated as an appoint a third arbitrator hereunder by any person who shall be a person of mature, sound and 34 reasonable business judgment and experience and either have (a) held a federal fishing master 35 license for at least ten (10) years’ experience with FERC rules, or (b) been an attorney at law practicing in the area of fisheries for at 36 least ten years. 37 The party’s written request for arbitration regulations, and precedent, and who shall include the name act as president of the Tribunal;
8.2.1.2 if either Party fails to appoint an arbitrator selected within thirty (30) Days of receiving notice of the appointment of an arbitrator by the 38 party requesting arbitration. The respondent party other Party, such arbitrator shall be appointed by the American Arbitration Association or such other mediation or dispute resolution agency to which the Parties have ten days to provide written notice of 39 the name of the arbitrator it has selected, agreed;
8.2.1.3 if any. If the other party timely selects a second 40 arbitrator, the two arbitrators will jointly select to be appointed by the Parties fail to agree upon a third arbitrator within ten days. If thirty (30) Days of the other 41 party does not timely select appointment of the second arbitrator, there the third arbitrator shall be only appointed by the one arbitratorAmerican Arbitration Association or such other mediation or dispute resolution agency to which the Parties have agreed; and
8.2.1.4 should a vacancy arise because any arbitrator dies, resigns, refuses to act, or becomes incapable of performing his functions, the vacancy shall be filled by the method by which that arbitrator was originally appointed. The 42 single arbitrator or When a vacancy is filled the three arbitrators so selected will schedule newly established Tribunal shall exercise its discretion to determine whether any hearings shall be held again.
8.2.2 Each Party shall bear the arbitration hearing as soon as 43 possible thereafter. Any arbitrator must have no material ties to the sector or any member. The 44 decision expense of the arbitrator the Party appointed and the Parties shall share equally the expense of the third arbitrator.
8.2.3 Ten (10) Days after its constitution, the Tribunal shall convene a meeting with the Parties or their representatives to determine the procedure to be followed in the case arbitration. The procedure shall be as agreed by the Parties or, in default of a three arbitrator panelagreement, as determined by the decision Tribunal, and decisions of the majority) 45 will Tribunal as to procedure shall be final and binding. .
8.2.4 If an arbitrator appointed by one of the Parties fails or refuses to participate in the arbitration at any time after the hearings on the substance of the dispute have started, the remaining two (2) arbitrators may continue the arbitration and make an award without a vacancy being deemed to arise if, in their discretion, they determine that the failure or refusal of the other arbitrator to participate is without reasonable excuse.
8.2.5 Any award or procedural decision of the Tribunal shall be made by a majority and, in the event that no majority may be formed, the president of the Tribunal shall proceed as if he were a sole arbitrator.
8.2.6 The arbitration will arbitrators shall be conducted under required to issue their ruling in accordance with Illinois Law, the terms of this Agreement, and FERC rules, regulations, and precedent.
8.2.7 All decisions and awards of the Tribunal shall be final and binding on the Parties.
8.2.8 The Parties hereby expressly waive all rights of appeal or recourse from any decision or award hereunder to any court, except such rights as cannot be waived by the laws of the State of Illinois.
8.2.9 Any arbitral award may be entered as a judgment or order in any court of competent jurisdiction.
8.2.10 To the extent that the provisions of Sections 8.2.1 through 8.2.7 are silent on any matter relating to the arbitration, the rules of (but not by) the 46 American Arbitration Association. The parties will be entitled Association (or such other mediation or dispute resolution agency to limited discovery as determined 47 by which the arbitrator(sParties have agreed) in his, her or their sole discretion. All costs of arbitration shall be borne by 1 the party requesting the same. Each party shall bear its own costs of preparation and presentation, 2 unless, in the case of the sector, the Board determines to assess such costs to the applicable 3 member, which costs shall be immediately due and payable. In no event will arbitration be 5 proceedings based on such claim, dispute, or other matter in question would be barred by an 6 applicable statute of limitations. 8 The final decision of the arbitrators shall not be subject to review or appeal by any other person, 9 including any court, with the exception of NOAA in its oversight role for the purposes of 10 statutory and regulatory compliance and consistency. Any right to any such appeal is hereby 11 irrevocably waived and relinquished. Such final decision shall bind the parties and shall not 12 require any further action of enforcement or collection once docketed with the records of the 13 sector. In breach by any member of performance thereof, the sector manager may sua sponte and 14 without any notice or hearing issues a Stop Fishing Order or an Order of Expulsion respecting 15 such member in breach. 17 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 enforce any decision against any member in breach by an action for specific performance, 19 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 parties, it being understood and agreed that the Federal court for the District of Massachusetts andgovern.
Appears in 1 contract
Sources: Power Sales Agreement (Illinois Power Generating Co)
Binding Arbitration. Each member Member and the sector Sector agree to exercise their best good 10 faith 30 commercially reasonable efforts to resolve any disputes arising under this agreement Agreement through 31 11 direct negotiations. Breaches of this agreement Agreement which are not resolved through direct negotiation 32 shall 12 be submitted to binding arbitration upon the request of any party at interest. Any person 33 nominated as 13 an arbitrator hereunder by any person shall be a person of mature, sound and 34 reasonable business 14 judgment and experience and either have (a) held a federal fishing master 35 license for at least ten ( 10) 15 years, or (b) been an attorney at law practicing in the area of fisheries for at 36 least ten (10) years. 37 16 The party’s written request for arbitration shall include the name of the arbitrator selected by the 38 party 17 requesting arbitration. The respondent party shall have ten (10) days to provide written notice of 39 the 18 name of the arbitrator it has selected, if any. If the other party timely selects a second 40 arbitrator, the 19 two arbitrators will jointly select a third arbitrator within ten (10) days. If the other 41 party does not 20 timely select the second arbitrator, there shall be only the one arbitrator. The 42 single arbitrator or the 21 three (3) arbitrators so selected will schedule the arbitration hearing as soon as 43 possible thereafter. Any 22 arbitrator must have no material ties to the sector Sector or any memberMember. The 44 decision of the arbitrator (( or in 23 the case of a three (3) arbitrator panel, the decision of the majority) 45 will be final and binding. The 24 arbitration will be conducted under the rules of (but not by) the 46 American Arbitration Association. The 25 parties will be entitled to limited discovery as determined 47 by the arbitrator(s) in his, her or their sole discretion. All costs of arbitration shall be borne by 1 the party requesting the same. Each party shall bear 27 its own costs of preparation and presentation, 2 unless, in the case of the sectorSector, the Board determines to 28 assess such costs to the applicable 3 memberMember, which costs shall be immediately due and payable. In no 29 event will arbitration be 5 available pursuant to this paragraph after the date when commencement of 30 such legal or equitable proceedings based on such claim, dispute, or other matter in question would be 31 barred by an 6 applicable statute of limitations. 8 1 The final decision of the arbitrators Arbitrators shall not be subject to review or appeal by any other person, 9 2 including any court, with the exception of NOAA NMFS in its oversight role for the purposes of 10 statutory and 3 regulatory compliance and consistency. Any right to any such appeal is hereby 11 irrevocably waived and 4 relinquished. Such final decision shall bind the parties and shall not 12 require any further action of 5 enforcement or collection once docketed with the records of the 13 sectorSector. In breach by any member Member of 6 performance thereof, the sector manager Manager may sua sponte and 14 without any notice or hearing issues a Stop 7 Fishing Order or Orderor an Order of Expulsion respecting 15 such member Member in breach. 17 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 enforce any decision against any member in breach by an action for specific performance, 19 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 parties, it being understood and agreed that the Federal court for the District of Massachusetts and.
Appears in 1 contract
Sources: Sector Agreement
Binding Arbitration. Each member Member and the sector Sector agree to exercise their best good faith 30 28 commercially reasonable efforts to resolve any disputes arising under this agreement Agreement through 31 direct 29 negotiations. Breaches of this agreement Agreement which are not resolved through direct negotiation 32 shall be 30 submitted to binding arbitration upon the request of any party at interest. Any person 33 nominated as an 1 arbitrator hereunder by any person shall be a person of mature, sound and 34 reasonable business 2 judgment and experience and either have (a) held a federal fishing master 35 license for at least ten (10) 3 years, or (b) been an attorney at law practicing in the area of fisheries for at 36 least ten (10) years. 37 4 The party’s written request for arbitration shall include the name of the arbitrator selected by the 38 party 5 requesting arbitration. The respondent party shall have ten (10) days to provide written notice of 39 the 6 name of the arbitrator it has selected, if any. If the other party timely selects a second 40 arbitrator, the 7 two arbitrators will jointly select a third arbitrator within ten (10) days. If the other 41 party does not 8 timely select the second arbitrator, there shall be only the one arbitrator. The 42 single arbitrator or the 9 three (3) arbitrators so selected will schedule the arbitration hearing as soon as 43 possible thereafter. Any 10 arbitrator must have no material ties to the sector Sector or any memberMember. The 44 decision of the arbitrator (or in 11 the case of a three (3) arbitrator panel, the decision of the majority) 45 will be final and binding. The 12 arbitration will be conducted under the rules of (but not by) the 46 American Arbitration Association. The 13 parties will be entitled to limited discovery as determined 47 by the arbitrator(s) in his, her or their sole discretion. All costs of arbitration shall be borne by 1 the party requesting the same. Each party shall bear 15 its own costs of preparation and presentation, 2 unless, in the case of the sectorSector, the Board determines to 16 assess such costs to the applicable 3 memberMember, which costs shall be immediately due and payable. In no 17 event will arbitration be 5 available pursuant to this paragraph after the date when commencement of 18 such legal or equitable proceedings based on such claim, dispute, or other matter in question would be 19 barred by an 6 applicable statute of limitations. 8 20 The final decision of the arbitrators Arbitrators shall not be subject to review or appeal by any other person, 9 21 including any court, with the exception of NOAA NMFS in its oversight role for the purposes of 10 statutory and 22 regulatory compliance and consistency. Any right to any such appeal is hereby 11 irrevocably waived and 23 relinquished. Such final decision shall bind the parties and shall not 12 require any further action of 24 enforcement or collection once docketed with the records of the 13 sectorSector. In breach by any member Member of 25 performance thereof, the sector manager Manager may sua sponte and 14 without any notice or hearing issues a Stop 26 Fishing Order or an Order of Expulsion respecting 15 such member Member in breach. 17 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 enforce any decision against any member in breach by an action for specific performance, 19 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 parties, it being understood and agreed that the Federal court for the District of Massachusetts and.
Appears in 1 contract
Sources: Northeast Fishery Sector Operations Plan and Agreement
Binding Arbitration. Each member Member and the sector Sector agree to exercise their best good faith 30 28 commercially reasonable efforts to resolve any disputes arising under this agreement Agreement through 31 direct 29 negotiations. Breaches of this agreement Agreement which are not resolved through direct negotiation 32 shall be 30 submitted to binding arbitration upon the request of any party at interest. Any person 33 nominated as an 1 arbitrator hereunder by any person shall be a person of mature, sound and 34 reasonable business 2 judgment and experience and either have (a) held a federal fishing master 35 license for at least ten (10) 3 years, or (b) been an attorney at law practicing in the area of fisheries for at 36 least ten (10) years. 37 4 The party’s written request for arbitration shall include the name of the arbitrator selected by the 38 party 5 requesting arbitration. The respondent party shall have ten (10) days to provide written notice of 39 the 6 name of the arbitrator it has selected, if any. If the other party timely selects a second 40 arbitrator, the 7 two arbitrators will jointly select a third arbitrator within ten (10) days. If the other 41 party does not 8 timely select the second arbitrator, there shall be only the one arbitrator. The 42 single arbitrator or the 9 three (3) arbitrators so selected will schedule the arbitration hearing as soon as 43 possible thereafter. Any 10 arbitrator must have no material ties to the sector Sector or any memberMember. The 44 decision of the arbitrator (or in 11 the case of a three (3) arbitrator panel, the decision of the majority) 45 will be final and binding. The 12 arbitration will be conducted under the rules of (but not by) the 46 American Arbitration Association. The 13 parties will be entitled to limited discovery as determined 47 by the arbitrator(s) in his, her or their sole discretion. All costs of arbitration shall be borne by 1 the party requesting the same. Each party shall bear 15 its own costs of preparation and presentation, 2 unless, in the case of the sectorSector, the Board determines to 16 assess such costs to the applicable 3 memberMember, which costs shall be immediately due and payable. In no 17 event will arbitration be 5 available pursuant to this paragraph after the date when commencement of 18 such legal or equitable proceedings based on such claim, dispute, or other matter in question would be 19 barred by an 6 applicable statute of limitations. 8 20 The final decision of the arbitrators Arbitrators shall not be subject to review or appeal by any other person, 9 21 including any court, with the exception of NOAA NMFS in its oversight role for the purposes of 10 statutory and 22 regulatory compliance and consistency. Any right to any such appeal is hereby 11 irrevocably waived and 23 relinquished. Such final decision shall bind the parties and shall not 12 require any further action of 24 enforcement or collection once docketed with the records of the 13 sectorSector. In breach by any member Member of 25 performance thereof, the sector manager Manager may sua sponte and 14 without any notice or hearing issues issue a Stop 26 Fishing Order or an Order of Expulsion respecting 15 such member Member in breach. 17 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 enforce any decision against any member in breach by an action for specific performance, 19 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 parties, it being understood and agreed that the Federal court for the District of Massachusetts and.
Appears in 1 contract
Sources: Northeast Fishery Sector Operations Plan and Agreement
Binding Arbitration. Each member Member and the sector Sector agree to exercise their best good faith 30 24 commercially reasonable efforts to resolve any disputes arising under this agreement Agreement through 31 direct 25 negotiations. Breaches of this agreement Agreement which are not resolved through direct negotiation 32 shall be 26 submitted to binding arbitration upon the request of any party at interest. Any person 33 nominated as an 27 arbitrator hereunder by any person shall be a person of mature, sound and 34 reasonable business 28 judgment and experience and either have (a) held a federal fishing master 35 license for at least ten (10) 29 years, or (b) been an attorney at law practicing in the area of fisheries for at 36 least ten (10) years. 37 1 The party’s written request for arbitration shall include the name of the arbitrator selected by the 38 party 2 requesting arbitration. The respondent party shall have ten (10) days to provide written notice of 39 the 3 name of the arbitrator it has selected, if any. If the other party timely selects a second 40 arbitrator, the 4 two arbitrators will jointly select a third arbitrator within ten (10) days. If the other 41 party does not 5 timely select the second arbitrator, there shall be only the one arbitrator. The 42 single arbitrator or the three arbitrators so selected will schedule the arbitration hearing as soon as 43 possible thereafter. Any 7 arbitrator must have no material ties to the sector Sector or any memberMember. The 44 decision of the arbitrator (or in 8 the case of a three (3) arbitrator panel, the decision of the majority) 45 will be final and binding. The 9 arbitration will be conducted under the rules of (but not by) the 46 American Arbitration Association. The 10 parties will be entitled to limited discovery as determined 47 by the arbitrator(s) in his, her or their sole discretion. All costs of arbitration shall be borne by 1 the party requesting the same. Each party shall bear 12 its own costs of preparation and presentation, 2 unless, in the case of the sectorSector, the Board determines to 13 assess such costs to the applicable 3 memberMember, which costs shall be immediately due and payable. In no 14 event will arbitration be 5 available pursuant to this paragraph after the date when commencement of 15 such legal or equitable proceedings based on such claim, dispute, or other matter in question would be 16 barred by an 6 applicable statute of limitations. 8 The final decision of the arbitrators shall not be subject to review or appeal by any other person, 9 including any court, with the exception of NOAA in its oversight role for the purposes of 10 statutory and regulatory compliance and consistency. Any right to any such appeal is hereby 11 irrevocably waived and relinquished. Such final decision shall bind the parties and shall not 12 require any further action of enforcement or collection once docketed with the records of the 13 sector. In breach by any member of performance thereof, the sector manager may sua sponte and 14 without any notice or hearing issues a Stop Fishing Order or an Order of Expulsion respecting 15 such member in breach. 17 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 enforce any decision against any member in breach by an action for specific performance, 19 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 parties, it being understood and agreed that the Federal court for the District of Massachusetts and.
Appears in 1 contract
Sources: Northeast Fishery Sector Operations Plan and Agreement
Binding Arbitration. Each member 18.9.1 If the Association is not satisfied with the disposition of the grievance at the Board level, it may refer the matter for arbitration by providing the Board with written notice of intent to arbitrate within ten (10) days of the date of the Board’s disposition. The parties shall have ten (10) days from the date of the notice of intent to arbitrate to mutually agree upon an arbitrator. If the parties do not mutually agree within that ten (10) day time period, the Association shall file its Demand to Arbitrate with the American Arbitration Association (AAA) within thirty (30) days of the date of the Board’s disposition and the sector agree to exercise their best good faith 30 commercially reasonable efforts to resolve any disputes arising under this agreement through 31 direct negotiations. Breaches of this agreement which are not resolved through direct negotiation 32 arbitrator shall be submitted to binding arbitration upon the request of any party at interest. Any person 33 nominated as an arbitrator hereunder by any person shall be a person of mature, sound and 34 reasonable business judgment and experience and either have (a) held a federal fishing master 35 license for at least ten years, or (b) been an attorney at law practicing in the area of fisheries for at 36 least ten years. 37 The party’s written request for arbitration shall include the name of the arbitrator selected by the 38 AAA in accordance with its rules.
18.9.2 Neither party requesting arbitrationmay raise a new defense or ground at Level Four not previously raised or disclosed at other written levels. The respondent Each party shall have ten days submit to provide written notice of 39 the name of the arbitrator it has selected, if any. If the other party timely selects a second 40 arbitrator, the two arbitrators will jointly select a third arbitrator within ten days. If the other 41 party does not timely select the second arbitrator, there shall be only the one arbitrator. The 42 single arbitrator or the less than three arbitrators so selected will schedule the arbitration hearing as soon as 43 possible thereafter. Any arbitrator must have no material ties (3) days prior to the sector or any member. hearing a pre-hearing statement alleging facts, grounds, and defenses which will be proven at the hearing and hold a conference at that time in an attempt to settle the grievance.
18.9.3 The 44 decision of the arbitrator (or in shall be final and conclusive and binding upon the case of a three arbitrator panelemployees, the Board and the BSEA; subject to the right of the Board or the BSEA to judicial review, any lawful decision of the majorityarbitrator shall be forthwith placed into effect.
18.9.4 Powers of the arbitrator are subject to the following limitations:
a) 45 will He/she shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement.
b) He/she shall have no power to establish salary scales.
c) He/she shall have no power to change any practice, policy or rule of the Board.
d) He/she shall have no power to interpret state or federal law but must apply the law as it is written or interpreted by the courts.
e) He/she shall not hear any grievance previously barred from the scope of the grievance procedure.
18.9.5 After a case on which the arbitrator is empowered to rule hereunder has been referred to him/her, it may not be final and binding. The arbitration will be conducted withdrawn by either party except by mutual consent.
18.9.6 If either party disputes the arbitrability of any grievance under the rules terms of this Agreement, the arbitrator shall have jurisdiction to determine arbitrability. In the event that a case is appealed to the arbitrator in which he/she has no power to rule, it shall be referred back to the parties without decision or recommendations on its merits.
18.9.7 More than one (but 1) grievance may not by) the 46 American Arbitration Association. The parties will be entitled to limited discovery as determined 47 considered by the arbitrator(s) in his, her or their sole discretion. All costs arbitrator at the same time except upon mutual express written consent.
18.9.8 The cost of arbitration the arbitrator shall be borne equally by 1 the party requesting the same. Each parties, except each party shall bear assume its own costs cost for representation including any expense of preparation and witnesses.
18.9.9 Should the Association fail to institute a grievance within the time limits specified, the grievance will not be processed. Should the Association fail to appeal a decision within the limits specified, the grievance shall not be processed.
18.9.10 All preparation, filing, presentation, 2 unless, in or consideration of grievance shall be held at the case times other than when a teacher or a participating Association representative are to be at his/her assigned duty station.
18.9.11 Where no wage loss has been caused by the action of the sectorBoard, the Board determines to assess such costs to the applicable 3 member, which costs shall be immediately due under no obligation to make monetary adjustments and payablethe arbitrator shall have no power to order one.
18.9.12 Grievance negotiations and arbitration matters shall be scheduled after the regular school day only. In no event will arbitration be 5 proceedings based Under special Board consideration, a teacher engaged during the school day in negotiating on such claim, dispute, or other matter in question would be barred by an 6 applicable statute of limitations. 8 The final decision behalf of the arbitrators shall not be subject to review or appeal by Association with any other person, 9 including any court, with the exception of NOAA in its oversight role for the purposes of 10 statutory and regulatory compliance and consistency. Any right to any such appeal is hereby 11 irrevocably waived and relinquished. Such final decision shall bind the parties and shall not 12 require any further action of enforcement or collection once docketed with the records representative of the 13 sector. In breach by Board or participating in any member of performance thereofprofessional grievance negotiation, including arbitration at the sector manager may sua sponte and 14 without any notice or hearing issues a Stop Fishing Order or an Order of Expulsion respecting 15 such member in breach. 17 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 enforce any decision against any member in breach by an action for specific performance, 19 declaratory relief, lis pendens or any other action in a court of law having jurisdiction request of the 20 parties, it being understood and agreed that the Federal court for the District school Board or state labor mediation board shall be released from regular duties without loss of Massachusetts andsalary.
Appears in 1 contract
Sources: Master Agreement
Binding Arbitration. Each member and the sector agree to exercise their best good faith 30 13 commercially reasonable efforts to resolve any disputes arising under this agreement through 31 14 direct negotiations. Breaches of this agreement which are not resolved through direct negotiation 32 15 shall be submitted to binding arbitration upon the request of any party at interest. Any person 33 16 nominated as an arbitrator hereunder by any person shall be a person of mature, sound and 34 17 reasonable business judgment and experience and either have (a) held a federal fishing master 35 18 license for at least ten years, or (b) been an attorney at law practicing in the area of fisheries for at 36 19 least ten years. 37 20 The party’s written request for arbitration shall include the name of the arbitrator selected by the 38 21 party requesting arbitration. The respondent party shall have ten days to provide written notice of 39 22 the name of the arbitrator it has selected, if any. If the other party timely selects a second 40 23 arbitrator, the two arbitrators will jointly select a third arbitrator within ten days. If the other 41 24 party does not timely select the second arbitrator, there shall be only the one arbitrator. The 42 25 single arbitrator or the three arbitrators so selected will schedule the arbitration hearing as soon as 43 26 possible thereafter. Any arbitrator must have no material ties to the sector or any member. The 44 27 decision of the arbitrator (or in the case of a three arbitrator panel, the decision of the majority) 45 28 will be final and binding. The arbitration will be conducted under the rules of (but not by) the 46 29 American Arbitration Association. The parties will be entitled to limited discovery as determined 47 30 by the arbitrator(s) in his, her or their sole discretion. All costs of arbitration shall be borne by 1 31 the party requesting the same. Each party shall bear its own costs of preparation and presentation, 2 32 unless, in the case of the sector, the Board determines to assess such costs to the applicable 3 33 member, which costs shall be immediately due and payable. In no event will arbitration be 5 34 available pursuant to this paragraph after the date when commencement of such legal or equitable 35 proceedings based on such claim, dispute, or other matter in question would be barred by an 6 36 applicable statute of limitations. 8 38 The final decision of the arbitrators shall not be subject to review or appeal by any other person, 9 39 including any court, with the exception of NOAA in its oversight role for the purposes of 10 40 statutory and regulatory compliance and consistency. Any right to any such appeal is hereby 11 41 irrevocably waived and relinquished. Such final decision shall bind the parties and shall not 12 42 require any further action of enforcement or collection once docketed with the records of the 13 43 sector. In breach by any member of performance thereof, the sector manager may sua sponte and 14 44 without any notice or hearing issues a Stop Fishing Order or an Order of Expulsion respecting 15 45 such member in breach. 17 1 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 2 enforce any decision against any member in breach by an action for specific performance, 19 3 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 4 parties, it being understood and agreed that the Federal court for the District of Massachusetts andand 5 the Massachusetts Superior Court for the County where the registered office of the sector is 6 located shall be deemed to have such jurisdiction. 8 Additionally, separate Sector Incident Reports will be submitted when necessary that will further 9 document compliance/enforcement concerns, sector enforcement issues, enforcement actions and 10 incident/non-compliance reports.
Appears in 1 contract
Sources: Operations Plan and Agreement
Binding Arbitration. Each member Member and the sector Sector agree to exercise their best good 15 faith 30 commercially reasonable efforts to resolve any disputes arising under this agreement Agreement through 31 direct 16 negotiations. Breaches of this agreement Agreement which are not resolved through direct negotiation 32 shall be 17 submitted to binding arbitration upon the request of any party at interest. Any person 33 nominated as an 18 arbitrator hereunder by any person shall be a person of mature, sound and 34 reasonable business judgment 19 and experience and either have (a) held a federal fishing master 35 license for at least ten (10) years, or (b) 20 been an attorney at law practicing in the area of fisheries for at 36 least ten (10) years. 37 21 The party’s written request for arbitration shall include the name of the arbitrator selected by the 38 party 22 requesting arbitration. The respondent party shall have ten (10) days to provide written notice of 39 the 23 name of the arbitrator it has selected, if any. If the other party timely selects a second 40 arbitrator, the two 24 arbitrators will jointly select a third arbitrator within ten (10) days. If the other 41 party does not timely 25 select the second arbitrator, there shall be only the one arbitrator. The 42 single arbitrator or the three (3) 26 arbitrators so selected will schedule the arbitration hearing as soon as 43 possible thereafter. Any arbitrator 27 must have no material ties to the sector Sector or any memberMember. The 44 decision of the arbitrator (or in the case of 28 a three (3) arbitrator panel, the decision of the majority) 45 will be final and binding. The arbitration will be 29 conducted under the rules of (but not by) the 46 American Arbitration Association. The parties will be 30 entitled to limited discovery as determined 47 by the arbitrator(s) in his, her or their sole discretion. All costs 31 of arbitration shall be borne by 1 the party requesting the same. Each party shall bear its own costs of 1 preparation and presentation, 2 unless, in the case of the sectorSector, the Board determines to assess such costs 2 to the applicable 3 memberMember, which costs shall be immediately due and payable. In no event will arbitration 3 be 5 available pursuant to this paragraph after the date when commencement of such legal or equitable 4 proceedings based on such claim, dispute, or other matter in question would be barred by an 6 applicable 5 statute of limitations. 8 6 The final decision of the arbitrators Arbitrators shall not be subject to review or appeal by any other person, 9 including 7 any court, with the exception of NOAA NMFS in its oversight role for the purposes of 10 statutory and regulatory 8 compliance and consistency. Any right to any such appeal is hereby 11 irrevocably waived and 9 relinquished. Such final decision shall bind the parties and shall not 12 require any further action of 10 enforcement or collection once docketed with the records of the 13 sectorSector. In breach by any member Member of 11 performance thereof, the sector manager Manager may sua sponte and 14 without any notice or hearing issues a Stop Fishing Order or an Order of Expulsion respecting 15 such member in breach. 17 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 enforce any decision against any member in breach by an action for specific performance, 19 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 parties, it being understood and agreed that the Federal court for the District of Massachusetts andFishing
Appears in 1 contract
Sources: Northeast Fishery Sector Operations Plan and Agreement