Common use of Formal Arbitration Clause in Contracts

Formal Arbitration. 7.1 Where a party insists on formal arbitration, that arbitration will be established and conducted in accordance with the arbitration procedure in this collective agreement, modified as necessary to comport with the Framework Agreement. 7.2 Where, in addition to the Union under this collective agreement, there is another affected Union in respect of the dispute, the following provisions will apply. 7.2.1 The decision of the arbitration board will be final and binding on all parties; 7.2.2 Except to the extent this agreement provides for, or other parties agree upon, a single arbitrator, the Unions will attempt to agree upon a single nominee, failing which a Union nominee will be selected by the Roster member assigned to conduct the informal mediation. 7.2.3 The costs of any nominee, and of the Chair, will be shared by the Unions equally, unless the arbitrator or arbitration board awards some different apportionment. 7.3 In addition to any other powers provided by law or by the Collective Agreement, the arbitrator or arbitration board may, on the request of any affected party, by interim order, direct what ought to be done, or not be done, pending the arbitration hearing or ruling. Interim orders shall only be granted where there are substantial reasons for doing so, and shall be made in a manner that best accords with the provisions of the Framework Agreement. 7.4 Arbitrators shall be selected from the agreed list of arbitrators, either by agreement, or on the basis of the rotation provided for in the Framework Agreement. 7.5 Where an arbitrator or arbitration board appointed under this collective agreement, finds that the matter or any part of the matter arising in that arbitration properly falls within the scope of the Addendum, the arbitrator or arbitration board may direct the parties to pursue the matter in accordance with the provisions of this Addendum. 7.6 The arbitrator or arbitration board may make any directions as to timeliness or other procedural issue that appears just in all the circumstances. An application under this clause may be made by any party affected by the issue in question whether or not that party is a party signatory to the collective agreement. No such application may be made by an individual employee.

Formal Arbitration. 7.1 Where a party insists on formal arbitration, that arbitration will be established and conducted in accordance with the arbitration procedure in this collective agreement, modified as necessary to comport with the Framework Agreement. 7.2 Where, in addition to the Union under this collective agreement, there is another affected Union in respect of the dispute, the following provisions will apply. 7.2.1 The decision of the arbitration board will be final and binding on all parties; 7.2.2 Except to the extent this agreement provides for, or other parties agree upon, a single arbitrator, the Unions will attempt to agree upon a single nominee, failing which a Union nominee will be selected by the Roster member assigned to conduct the informal mediation. 7.2.3 The costs of any nominee, and of the Chair, will be shared by the Unions equally, unless the arbitrator or arbitration board awards some different apportionment. 7.3 In addition to any other powers provided by law or by the Collective Agreement, the arbitrator or arbitration board may, on the request of any affected party, by interim order, direct what ought to be done, or not be done, pending the arbitration hearing or ruling. Interim orders shall only be granted where there are substantial reasons for doing so, and shall be made in a manner that best accords with the provisions of the Framework Agreement. 7.4 Arbitrators shall be selected from the agreed list of Framework Agreement arbitrators, either by agreementwith the agreement of the Service and the Association, or on the basis of the rotation provided for in the Framework Agreement. 7.5 Where an arbitrator or arbitration board board, appointed under this collective agreement, finds that the matter or any part of the matter arising in that arbitration properly falls within the scope of the Addendumletter of understanding, the arbitrator or arbitration board may direct the parties to pursue the matter in accordance with the provisions of this AddendumLetter of Understanding. 7.6 The arbitrator or arbitration board may make any directions as to timeliness or other procedural issue that appears just in all the circumstances. An application under this clause may be made by any party affected by the issue in question whether or not that party is a party signatory to the collective agreement. No such application may be made by an individual employee.

Formal Arbitration. 7.1 Where a party insists on formal arbitration, that arbitration will be established and conducted in accordance with the arbitration procedure in this collective agreement, modified as necessary to comport with the Framework Agreement. 7.2 Where, in addition to the Union under this collective agreement, there is another affected Union in respect of the dispute, the following provisions will apply. 7.2.1 The decision of the arbitration board will be final and binding on all parties; 7.2.2 Except to the extent this agreement provides for, or other parties agree upon, a single arbitrator, the Unions will attempt to agree upon a single nominee, failing which a Union nominee will be selected by the Roster member assigned to conduct the informal mediation. 7.2.3 The costs of any nominee, and of the Chair, will be shared by the Unions equally, unless the arbitrator or arbitration board awards some different apportionment. 7.3 In addition to any other powers provided by law or by the Collective Agreement, the arbitrator or arbitration board may, on the request of any affected party, by interim order, direct what ought to be done, or not be done, pending the arbitration hearing or ruling. Interim orders shall only be granted where there are substantial reasons for doing so, and shall be made in a manner that best accords with the provisions of the Framework Agreement. 7.4 Arbitrators shall be selected from the agreed following list of arbitrators, either by agreement, or on the basis of the rotation provided for in the Framework Agreement.. • ▇▇▇▇▇▇ ▇. ▇. ▇▇▇▇, Q.C. • ▇▇▇▇▇▇▇ ▇▇▇▇▇ • ▇▇▇▇▇ ▇▇▇▇▇, Q.C. • ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 7.5 Where an arbitrator or arbitration board appointed under this collective agreement, finds that the matter or any part of the matter arising in that arbitration properly falls within the scope of the Addendumletter of understanding, the arbitrator or arbitration board may direct the parties to pursue the matter in accordance with the provisions of this Addendumletter of understanding. 7.6 The arbitrator or arbitration board may make any directions as to timeliness or other procedural issue that appears just in all the circumstances. An application under this clause may be made by any party affected by the issue in question whether or not that party is a party signatory to the collective agreement. No such application may be made by an individual employee.

Formal Arbitration. 7.1 7.01 Where a party insists on formal arbitration, that arbitration will be established and conducted in accordance with the arbitration procedure in this collective agreement, modified as necessary to comport with the Framework Agreement. 7.2 7.02 Where, in addition to the Union under this collective agreement, there is another affected Union in respect of the dispute, the following provisions will apply. 7.2.1 7.02.01 The decision of the arbitration board will be final and binding on all parties; 7.2.2 7.02.02 Except to the extent this agreement provides for, or other parties agree upon, a single arbitrator, the Unions will attempt to agree upon a single nominee, failing which a Union nominee will be selected by the Roster member assigned to conduct the informal mediation. 7.2.3 7.02.03 The costs of any nominee, and of the Chair, will be shared by the Unions equally, unless the arbitrator or arbitration board awards some different apportionment. 7.3 7.03 In addition to any other powers provided by law or by the Collective Agreement, the arbitrator or arbitration board may, on the request of any affected party, by interim order, direct what ought to be done, or not be done, pending the arbitration hearing or ruling. Interim orders shall only be granted where there are substantial reasons for doing so, and shall be made in a manner that best accords with the provisions of the Framework Agreement. 7.4 7.04 Arbitrators shall be selected from the agreed following list of arbitrators, either by agreement, or on the basis of the rotation provided for in the Framework Agreement..  ▇▇▇▇▇▇ ▇. ▇. ▇▇▇▇, Q.C.  ▇▇▇▇▇▇▇ ▇▇▇▇▇  ▇▇▇▇ ▇▇▇▇▇  ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 7.5 7.05 Where an arbitrator or arbitration board board, appointed under this collective agreement, finds that the matter or any part of the matter arising in that arbitration properly falls within the scope of the this Addendum, the arbitrator or arbitration board may direct the parties to pursue the matter in accordance with the provisions of this Addendum. 7.6 7.06 The arbitrator or arbitration board may make any directions as to timeliness or other procedural issue that appears just in all the circumstances. An application under this clause may be made by any party affected by the issue in question whether or not that party is a party signatory to the collective agreement. No such application may be made by an individual employee.