Conducting The Arbitration Sample Clauses

Conducting The Arbitration. Discovery. Pre-hearing discovery may take any form allowed by the Federal Rules of Civil Procedure, subject to any restrictions the arbitrator imposes to meet the objectives of the arbitration process.
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Conducting The Arbitration. 36 1. The Arbitrator shall have no power or authority to add to, subtract 37 from, or in any manner alter the specific terms of this Agreement, 38 or to make any award requiring the commission of any act 39 prohibited by law or to make any award that is contrary to law or 40 violates any of the terms and conditions of this Agreement. 41 2. The Arbitrator shall not decide more than one grievance on the 42 same hearing day or series of hearing days except by the mutual 43 written agreement of the parties. 44 3. The hearing, or hearings, shall be conducted pursuant to the Rules 45 of Voluntary Arbitration of the American Arbitration Association. 46 4. The fees and expenses of the Arbitrator and the costs of the hearing 47 room, if any, shall be borne by the losing party. However, upon 4 5 6 7 8 9 10 11 12 13 14 15 16
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Conducting The Arbitration. 26 1. The Arbitrator shall have no power or authority to add to, subtract 27 from, or in any manner alter the specific terms of this Agreement, 28 or to make any award requiring the commission of any act 29 prohibited by law or to make any award that is contrary to law or 30 violates any of the terms and conditions of this Agreement. 31 2. The Arbitrator shall not decide more than one grievance on the 32 same hearing day or series of hearing days except by the mutual 33 written agreement of the parties. 34 3. The hearing, or hearings, shall be conducted pursuant to the Rules 35 of Voluntary Arbitration of the American Arbitration Association. 36 4. The fees and expenses of the Arbitrator and the costs of the hearing 37 room, if any, shall be borne by the losing party. However, upon 38 application of either party, the Arbitrator may determine that a 39 proportionate distribution of the fees and expenses is appropriate. 40 Neither party shall be responsible for any of the expenses incurred 41 by the other party. 42 5. The Arbitrator's decision and award will be in writing and delivered 43 within thirty (30) days from the date the record is closed. The 44 decision of the Arbitrator shall be final and binding upon the 45 parties, including the Arbitrator's determination as to seniority, 46 benefits and wage issues. 47 6. Either party may request, in writing, a pre-arbitration meeting 1 fourteen (14) days prior to the scheduled date of an arbitration 2 hearing. 3 7. Either party may make a written request of the other party at least 4 fourteen (14) days in advance of an arbitration hearing of a list of 5 documents to be used in the arbitration hearing, a list of witnesses, 6 and their expected testimony for the arbitration hearing.
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Related to Conducting The Arbitration

  • Conduct of the Arbitration 1. Where issues relating to jurisdiction or admissibility are raised as preliminary objections, the tribunal shall decide the matter before proceeding to the merits. 2. A disputing Member State may, no later than 30 days after the constitution of the tribunal, file an objection that a claim is manifestly without merit. A disputing Member State may also file an objection that a claim is otherwise outside the jurisdiction or competence of the tribunal. The disputing Member State shall specify as precisely as possible the basis for the objection. 3. The tribunal shall address any such objection as a preliminary question apart from the merits of the claim. The disputing parties shall be given a reasonable opportunity to present their views and observations to the tribunal. If the tribunal decides that the claim is manifestly without merit, or is otherwise not within the jurisdiction or competence of the tribunal, it shall render an award to that effect. 4. The tribunal may, if warranted, award the prevailing party reasonable costs and fees incurred in submitting or opposing the objection. In determining whether such an award is warranted, the tribunal shall consider whether either the claim or the objection was frivolous or manifestly without merit, and shall provide the disputing parties a reasonable opportunity to comment. 5. Unless the disputing parties otherwise agree, the tribunal shall determine the place of arbitration in accordance with the applicable arbitration rules, provided that the place shall be in the territory of a State that is a party to the New York Convention. 6. Where an investment dispute relate to a measure which may be a taxation measure, the disputing Member State and the non-disputing Member State, including representatives of their tax administrations, shall hold consultations to determine whether the measure in question is a taxation measure. 7. Where a disputing investor claims that the disputing Member State has breached Article 14 (Expropriation and Compensation) by the adoption or enforcement of a taxation measure, the disputing Member State and the non-disputing Member State shall, upon request from the disputing Member State, hold consultations with a view to determining whether the taxation measure in question has an effect equivalent to expropriation or nationalisation. 8. Any tribunal that may be established under this Section shall accord serious consideration to the decision of both Member States under paragraphs 6 and 7. 9. If both Member States fail either to initiate such consultations referred to paragraphs 6 and 7, or to make such joint decisions, within the period of 180 days from the date of the receipt of request for consultation referred to in Article 31 (Consultations), the disputing investor shall not be prevented from submitting its claim to arbitration in accordance with this Section.

  • Costs of the Arbitration Each party is responsible for its own attorney, expert, and other costs and fees unless applicable law requires otherwise. Each party is also responsible for one-half of any costs and fees charged by the arbitration organization and arbitrator(s) to administer the arbitration to the maximum extent permitted by law or rule. Where permissible by law, the prevailing party may be required to reimburse the other party for the costs and fees of the arbitration organization and arbitrator(s) in whole or in part by decision of the arbitrator(s) at the discretion of the arbitrator(s).

  • NO ARBITRATION Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York.

  • Location of the Arbitration Hearing Unless applicable law provides otherwise, the arbitration hearing for United States residents will be conducted in the federal judicial district in which you reside (in your hometown area) or, for Canadian residents, in the province in which you reside, and, if you choose, will be in-person.

  • Conduct of Arbitration a) The seat of the arbitration shall be at New Delhi, India. b) The language to be used in the arbitral proceedings shall be English