List and Jurisdiction of Arbitrators Clause Samples

The 'List and Jurisdiction of Arbitrators' clause defines how arbitrators are selected and which authority or region governs their powers in resolving disputes. Typically, this clause specifies the process for creating a list of eligible arbitrators, such as requiring parties to choose from a pre-approved panel or allowing each party to nominate candidates, and it identifies the legal jurisdiction or arbitral institution that will oversee the proceedings. By clearly outlining both the selection process and the applicable jurisdiction, this clause ensures that disputes are resolved by mutually acceptable arbitrators under a predictable legal framework, thereby reducing uncertainty and potential conflicts over the arbitration process.
List and Jurisdiction of Arbitrators. By mutual agreement, the Parties will compile a list of twelve (12) arbitrators, eight (8) of whom shall be based in Toronto. When a grievance is referred to arbitration, the next arbitrator in the rotation who is available to hear the case within the relevant time frame (as defined below) shall be assigned the case and the hearing scheduled within the relevant time frame. The initial order of the list of arbitrators shall be alphabetical by last name unless otherwise agreed. When an arbitrator is assigned a case, his or her name shall move to the bottom of the list except that all arbitrators on the list who are based in the city where the hearing is to take place shall be considered before the other arbitrators on the list are to be considered. When more than one grievance is referred to arbitration during the same week of National Grievance Committee meetings or in other circumstances on the same day, arbitrators will be assigned to the cases chronologically based on the dates of the grievances. For the purposes of assigning an arbitrator, the relevant time frame for a case to be heard unless otherwise specified in the Collective Agreement shall be: the first hearing day shall be between sixty (60) and one hundred and twenty (120) days of the date of referral to arbitration, unless the Parties agree otherwise; as well, if, prior to the assignment of an arbitrator to a case, the Party referring the case to arbitration indicates that it wishes at the outset to have a specified number of hearing days scheduled, all those hearing days, where possible, will be scheduled within the one hundred and twenty (120) days. Where the arbitrator assigned a case has multiple days available within the relevant time frame, the hearing shall be scheduled on one or more of those available dates on the day or days mutually agreed to by the Parties or where there is no agreement on the day or days determined by that arbitrator. At the conclusion of the National Grievance Committee meeting, the co-chairs of the Committee shall jointly review the availability of arbitrators from the Parties' list, shall identify the assignment of arbitrators required by this Article for the cases referred to arbitration during the week's meetings and shall identify the dates of the hearings. The Parties shall jointly inform the arbitrators on their list and shall request that each arbitrator provide the Parties with a list of available dates within the next one hundred and twenty (120) days. W...
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List and Jurisdiction of Arbitrators. By mutual agreement, the parties will compile a list of ten (10) arbitrators. When a grievance is referred to arbitration, the first available arbitrator on the list, in the rotation, will be assigned the case. If none of the arbitrators on the list is available to hear the case within the relevant time frame, the parties will, by mutual agreement, select an arbitrator who is not on the list. Notwithstanding the foregoing, the parties may, in any event and by mutual agreement, choose an arbitrator not on the list. Each January, the parties will review the list of arbitrators and may, by mutual agreement, add or delete names, but must maintain ten (10) names. In addition, each January, either party may unilaterally remove one (1) arbitrator who will be replaced by mutual agreement. In any case, if the parties are unable to agree on an arbitrator, the parties shall request the Minister of Labour to appoint one. There shall be three (3) mutually exclusive arbitration processes: expedited arbitration, full arbitration and mediation-arbitration. Where a hearing is scheduled under any one of the above processes, each party will submit to the arbitrator a brief statement of facts outlining the issue(s) in dispute. The statement of facts must be submitted to the arbitrator and other party, by 5pm, at least two (2) business days prior to the first date of the hearing. The parties can neither submit nor amend a statement of facts after the deadline and the parties agree that the arbitrator can not review or consider a statement of facts or amended statement of facts that is submitted after the deadline. In arriving at a decision in any of of these processes, including where the dispute relates to a dismissal or layoff, the arbitrator shall be limited to the consideration of the issue(s) as outlined in the prescribed grievance form and the statement of facts before him or her. The arbitrator shall render a decision according to the terms and provisions of this Collective Agreement. The arbitrator shall not in any way amend, modify, extend or change any of the provisions of this Collective Agreement.
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List and Jurisdiction of Arbitrators. By mutual agreement, the Parties will compile a list of seventeen (17) arbitrators, nine (9) of whom shall be based in Toronto and at least two
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Related to List and Jurisdiction of Arbitrators

  • Jurisdiction of Arbitrator The jurisdiction and authority of the arbitrator of the grievance and his or her opinion and recommendation shall be confined to the express provision or provisions of this agreement at issue between the Association and the Board. The arbitrator shall have no authority to add to, alter, amend, or modify any provision of this agreement, or to make any recommendation which will in any way deprive the Board of any of the powers delegated to it by law. The arbitrator shall not hear or decide more than one grievance without the mutual consent of the Board and the Association. The recommendation in writing of the arbitrator within his or her jurisdiction and authority as specified in this agreement shall be final and binding on the aggrieved employee or employees, the Association, and the Board.

  • Arbitration and Jurisdiction (a) Any dispute, controversy or claim arising out of or relating to (1) this Agreement, (2) the breach, termination or invalidity hereof or (3) any non-contractual obligations arising out of or in connection with this Agreement shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force. There shall be one arbitrator and the appointing authority shall be LCIA (London Court of International Arbitration). The seat and place of arbitration shall be London, England and the English language shall be used throughout the arbitral proceedings. The parties hereby waive any rights under the Arbitration ▇▇▇ ▇▇▇▇ or otherwise to appeal any arbitration award to, or to seek determination of a preliminary point of law by, the courts of England. The arbitral tribunal shall not be authorised to grant, and the Borrower agrees that it shall not seek from any judicial authority, any interim measures or pre-award relief against EBRD, any provisions of the UNCITRAL Arbitration Rules notwithstanding. The arbitral tribunal shall have authority to consider and include in any proceeding, decision or award any further dispute properly brought before it by EBRD (but no other party) insofar as such dispute arises out of any Financing Agreement, but, subject to the foregoing, no other parties or other disputes shall be included in, or consolidated with, the arbitral proceedings. In any arbitral proceeding, the certificate of EBRD as to any amount due to EBRD under any Financing Agreement shall be prima facie evidence of such amount. (b) Notwithstanding Section 8.09(a), this Agreement and the other Financing Agreements, and any rights of EBRD arising out of or relating to this Agreement or any other Financing Agreement, may, at the option of EBRD, be enforced by EBRD in the courts of England and Wales or in any other courts having jurisdiction. For the benefit of EBRD, the Borrower hereby irrevocably submits to the non-exclusive jurisdiction of the courts of England with respect to any dispute, controversy or claim arising out of or relating to this Agreement or any other Financing Agreement, or the breach, termination or invalidity hereof or thereof. The Borrower hereby irrevocably designates, appoints and empowers Trident Company Services (UK) Limited at its registered office (being, on the date hereof, at ▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇) to act as its authorised agent to receive service of process and any other legal summons in England for purposes of any legal action or proceeding brought by EBRD in respect of any Financing Agreement. Failure by a process agent to notify the Borrower of the process will not invalidate the proceedings concerned. The Borrower hereby irrevocably consents to the service of process or any other legal summons out of such courts by mailing copies thereof by registered airmail postage prepaid to its address specified herein. The Borrower covenants and agrees that, so long as it has any obligations under this Agreement, it shall maintain a duly appointed agent to receive service of process and any other legal summons in England for purposes of any legal action or proceeding brought by EBRD in respect of any Financing Agreement and shall keep EBRD advised of the identity and location of such agent. Nothing herein shall affect the right of EBRD to commence legal actions or proceedings against the Borrower in any manner authorised by the laws of any relevant jurisdiction. The commencement by EBRD of legal actions or proceedings in one or more jurisdictions shall not preclude EBRD from commencing legal actions or proceedings in any other jurisdiction, whether concurrently or not. The Borrower irrevocably waives any objection it may now or hereafter have on any grounds whatsoever to the laying of venue of any legal action or proceeding and any claim it may now or hereafter have that any such legal action or proceeding has been brought in an inconvenient forum.

  • Mediation and jurisdiction The data importer agrees that if the data subject invokes against it third-party beneficiary rights and/or claims compensation for damages under the Clauses, the data importer will accept the decision of the data subject:

  • Arbitrator's Jurisdiction The arbitrator shall take such evidence as in his judgment is appropriate for resolution of the dispute; however, he shall confine himself to the issues for arbitration and shall have no authority to determine any other issue not so submitted which is not directly essential to reaching a determination on the dispute at hand. The arbitrator shall have no power to recommend any right or relief for any period of time prior to the effective date of the Agreement under which the grievance was initiated. In those issues wherein the grievant’s relief sought involves back pay or lost wages covering a period of an Employee’s payroll separation due to suspension or discharge, the amount of the award shall be less any unemployment compensation or interim earnings, received by the aggrieved Employee. Second jobs or sources of income which the Employee received while under employment will not be considered interim income and will not be deducted when awarding lost wages or back pay. The decision of the arbitrator shall be submitted in writing to the parties within thirty (30) calendar days of the hearing’s conclusion unless the deadline is mutually extended by the parties. The decision and award of the arbitrator shall be final and binding on the Union, its members, the aggrieved Employee(s) and the CITY. With respect to grievances involving misapplication or misinterpretation of this Agreement, the grievance and arbitration procedure contained in this Article shall be the sole and exclusive remedy available to employees, and the parties hereto as this procedure is intended to supersede all conflicting provisions of the Ohio Revised Code regarding any and all matters subject to the grievance procedures of this Contract or otherwise made subject to this Agreement. With respect to grievances involving disciplinary suspensions, demotions or dismissals the election of remedies, as set forth above, shall be mutually exclusive. Choice of binding arbitration shall thereafter preclude appeal to Civil Service or to Court. Appeal to Civil Service shall preclude access to binding arbitration. With respect to cases of suspension, demotion and discharge, the arbitrator shall decide:

  • Location of Arbitration The arbitration shall take place in Oklahoma City, Oklahoma, and the arbitrator shall issue any award at the place of arbitration. The arbitrator may conduct hearings and meetings at any other place agreeable to the parties or, upon the motion of a party, determined by the arbitrator as necessary to obtain significant testimony or evidence.