Non-Arbitrability Clause Samples

The Non-Arbitrability clause defines which disputes or issues arising under a contract cannot be resolved through arbitration. Typically, this clause specifies certain matters—such as those involving criminal allegations, regulatory compliance, or intellectual property rights—that must be handled by courts or other authorities rather than private arbitrators. By clearly outlining exceptions to arbitration, the clause ensures that sensitive or legally mandated issues are addressed in the appropriate forum, thereby maintaining compliance with applicable laws and protecting the parties' rights.
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Non-Arbitrability. The parties agree that no provisions of this Section shall be deemed to be arbitrable under the grievance and arbitration procedure contained in this Agreement.
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Non-Arbitrability. The parties agree that no provisions of this Article shall be deemed to be arbitrable under the grievance and arbitration procedure contained in this Agreement.
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Non-Arbitrability. Notwithstanding any other provision of this Agreement or any rules or regulations of any regulatory body, no controversy, claim, or breach arising out of or relating to this Agreement shall be submitted for settlement to a panel of arbitrators, and the Members agree that any such disputes shall be determined only by a court having jurisdiction thereof in accordance with this Agreement.
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Non-Arbitrability. The provisions of sections 22.1 and 22.2 are subject to the grievance procedure but not subject to the arbitration provisions thereof.
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Non-Arbitrability. ‌ Except as provided below, Article 11 shall be grievable and arbitrable under Article 18 of this agreement. The following are not grievable or arbitrable under this agreement: a) The adequacy of the union’s notice required by Section 11.8 above; and/or b) other issues bearing on the constitutionality of the union’s collection of an agency shop service fee as prescribed by the courts. Disputes regarding the amount of the agency shop service fee shall be arbitrable under this memorandum but only pursuant to Section 11.8 above.
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Non-Arbitrability. The parties agree that no provisions of this Article shall be deemed to be arbitrable under the grievance and arbitration procedure contained in this Agreement. Should legislation pass during the term of this agreement regarding changes in eligibility of domestic partners for health benefits, ACSA and the State agree that those legislative provisions shall apply to Unit 2 employees. The parties agreed to changes in regulations and statutes pertaining to the following, subject to the terms specified for each. 1. Administrative Procedures Act 2. Alternative Pre-Retirement Death Benefit
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Non-Arbitrability. The parties agree that no provisions of this Article shall be deemed to be arbitrable under the grievance and arbitration procedure contained in this Agreement. DPA agrees that employees currently in the Associate Transportation Engineer, Caltrans class shall not receive salary reductions now or in the future due to any classification actions resulting from current Associate issues within Caltrans. For the same reason, salaries or salary ranges for these employees shall not be “frozen” or held back in relationship to other classifications.
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Non-Arbitrability. No grievance shall be submitted to arbitration under Section 606 unless the procedures and time limits set forth in this Article have been strictly complied with unless waived or extended in writing by the party granting the waiver or extension and acknowledged in writing by the party seeking the waiver or extension. Any grievance submitted after the time limits have expired shall be deemed forfeited and waived by the aggrieved party. If RCHSD challenges the arbitrability of a grievance, the parties shall select an arbitrator pursuant to Section 606 and schedule the arbitration on the merits. After a date is scheduled, RCHSD shall have the right to file a motion to dismiss with the arbitrator on the basis of its arbitrability challenge. In support of such motion, RCHSD may submit a memorandum of points and authorities with supporting declarations. UNOCH may file an opposition brief with declarations. The arbitrator shall then have the authority to rule on the motion to dismiss or notify the parties that testimony is necessary to determine arbitrability. If testimony is necessary, the arbitrator shall decide the manner that such testimony should be received (including date, time and location).
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Non-Arbitrability. Notwithstanding any of the provisions of this Article, any alleged violation by the Union of Article VIII of this Agreement shall not be subject to the grievance and arbitration provisions hereof.
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Related to Non-Arbitrability

  • Arbitrability Issues of arbitrability shall be bifurcated from the substantive issue(s) and, whenever possible, determined by means of a hearing conducted by conference call. The arbitrator shall have ten (10) days from the hearing to render a decision on arbitrability. If the issue is judged to be arbitrable, an arbitrator shall then be selected to hear the substantive issue(s).

  • Mediation/Arbitration a. In the event of any dispute under this Agreement, the parties hereto desire to avoid litigation. Accordingly, the aggrieved party will give notice of the dispute to the other party and both parties will attempt to settle the dispute during the thirty (30) day period following such notice. If such dispute remains unsettled, the parties agree to then submit such dispute to mediation. If the parties cannot agree on a mediator, each will select a mediator and the two chosen mediators will select a third mediator who shall alone hear the dispute. Such mediation will, if possible, be conducted during the sixty (60) day period following expiration of the thirty (30) day period. If such mediation fails to resolve the dispute, the parties agree such dispute will be submitted to final and binding arbitration in accordance with the rules of the American Arbitration Association. Unless otherwise directed by the arbitrator, such arbitration must be concluded within ninety (90) days of the expiration of the sixty (60) day period previously specified for mediation. If the parties cannot agree on a single arbitrator, each will select an arbitrator, and the two chosen arbitrators will select a third arbitrator who shall alone decide the dispute. Any mediation or arbitration conducted hereunder will be conducted in Knoxville, Tennessee. The parties hereto shall equally share the costs of mediation (including the mediator’s fees and expenses and costs directly related to the conduct of the mediation, but excluding each party’s direct costs for transportation, attorneys, etc., for which each will be responsible). If any party fails to participate in mediation or arbitration after receipt of notice thereof, then each party hereto agrees that the other party shall have the right to proceed immediately to arbitration and that such other party shall be entitled to select the arbitrator in its sole discretion. Each party further agrees that, in such event, such arbitrator shall have the right to decide the dispute as if the non- participating party were participating in the arbitration and that such decision shall be final and binding upon each party hereto.

  • Step 4 - Arbitration After receipt of a notice to arbitrate from the Lodge President, designees of the City Manager and the Lodge President shall attempt to agree on an arbitrator. If this attempt is not successful or is waived, the arbitrator shall be selected by the parties making a joint request to the Federal Mediation and Conciliation Service (FMCS) for a panel list of nine (9) arbitrators with business addresses in Ohio. The parties shall then choose an arbitrator by alternately striking names from the list until such time as one (1) name remains as the arbitrator chosen by the parties. Prior to beginning the striking procedure, either the Employer or the Lodge may reject the list and submit a request for another list from the arbitration tribunal. Each party may only reject the list once. In issuing an award, the arbitrator shall be limited to the enforcement of the specific provisions of the Agreement. The arbitrator may not alter, amend, modify, add to or subtract from the provisions of the Agreement. The question of arbitrability of a grievance may be raised by the Employer or the Lodge before the arbitration hearing on the grounds that the matter is nonarbitrable or beyond the arbitrator's jurisdiction. The first question to be placed before an arbitrator will be whether or not the alleged grievance is within the purview of arbitrability. Thereafter, the alleged grievance will be heard on its own merits before the same arbitrator. The decision of the arbitrator shall be final and binding, subject to appeal under applicable state law. The arbitrator shall be without authority to recommend any right to relief on any alleged grievance occurring at any other time than the agreement period in which the right originated. The arbitrator shall not establish any new or different wage rates not negotiated as part of the Agreement. In case of discharge, suspension or reduction, the arbitrator shall have the authority to award modification of said discipline. Both the Lodge and the Employer shall share equally in the cost of the arbitration proceedings. Any member whose testimony is relevant to the arbitration, shall be released with pay to attend the hearing, provided that the hearing is held during the member's regular work hours. The expenses of any non-member witnesses shall be borne by the party requesting the non-member's attendance at the Arbitration Hearing. The arbitrator shall render in writing his or her findings and the award as quickly as possible within thirty (30) calendar days after the hearing is closed and post-hearing briefs are submitted. The arbitrator shall forward such findings and award to the City Manager, or designee, and to the Lodge President, or designee.

  • Dispute Resolution; Arbitration (a) At the option of Company or Executive, and to the extent permitted by applicable law, any dispute, controversy or question arising under, based on or relating to this Agreement, or any breach or failure to comply with the terms hereof (each a “Dispute”), shall be finally and exclusively resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules (the “AAA Rules”). Unless otherwise agreed by the Parties, arbitration of any Dispute shall be conducted before a single arbitrator selected by the Parties and the forum and venue for such arbitration shall be AAA’s Los Angeles Regional Center in Los Angeles, California. Each Party hereby submits to AAA and the selected forum for the arbitration of any Dispute, waives any objection to the venue of such arbitration, and agrees that service of process and other notices, pleadings and documents in any arbitration or proceeding hereunder may be delivered to a Party in accordance with the provisions governing “Notices” in this Agreement. (b) If the Parties are unable to agree upon a neutral arbitrator within thirty (30) days after a Party notifies the other Party in writing of its intent to submit a Dispute to arbitration, either Party may apply to AAA for the appointment of an arbitrator or, if AAA is not then in existence or declines to act, either Party may apply to the Presiding Judge of the Superior Court of any county in the State of California for the appointment of a neutral arbitrator to hear the Parties and settle the Dispute and such Judge is hereby authorized to make such appointment. (c) If the Parties so agree in writing, and subject to the consent of the single arbitrator, hearings and proceedings conducted in the arbitration of any Dispute hereunder may be conducted remotely by secure video conferencing technology that is acceptable to the Parties. (d) The decision or award of the arbitrator shall be in writing and shall set forth detailed reasoning for the award. Discovery shall be conducted expeditiously, bearing in mind the objective of limiting discovery and expediting the decision or award of the arbitrator at the most reasonable cost and expense to the Parties. The decision of the arbitrator shall be final, conclusive and binding on the Parties and no action at law or in equity shall be instituted or, if instituted, prosecuted by either Party other than to enforce the award of the arbitrator. Judgment upon an award rendered pursuant to such arbitration may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award and/or an order of enforcement, as the case may be.

  • Selecting an Arbitrator The parties will select an arbitrator by mutual agreement or by alternately striking names supplied by the AAA, and will follow the Labor Arbitration Rules of the AAA unless they agree otherwise in writing.