BINDING ELECTION OF PROCEDURE Sample Clauses

The Binding Election of Procedure clause establishes that once a party selects a specific method or process for resolving a dispute or addressing an issue under the contract, that choice is final and cannot be changed. In practice, this might mean that if a party chooses arbitration over litigation, they are required to proceed with arbitration and cannot later opt for court proceedings. This clause ensures certainty and efficiency by preventing parties from switching between procedures, thereby reducing delays and potential manipulation of the dispute resolution process.
BINDING ELECTION OF PROCEDURE. Where a matter within the scope of this grievance procedure is alleged to be both a grievance and an unfair labor practice under the jurisdiction of the Employee Relations Board, the employee must elect to pursue the matter under either the grievance procedure herein provided, or by action before the Employee Relations Board. The employee’s election of either procedure shall constitute a binding election of the procedure chosen and a waiver of the alternate procedure.

Related to BINDING ELECTION OF PROCEDURE

  • Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Article 15 of AIA Document A232–2019, the method of binding dispute resolution shall be as follows: [ ] Arbitration pursuant to Article 15 of AIA Document A232–2019. [ X ] Litigation in a court of competent jurisdiction. [ ] Other: (Specify) If the Owner and Contractor do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.