Procedure for Arbitration Clause Samples
The Procedure for Arbitration clause outlines the specific steps and rules that parties must follow when resolving disputes through arbitration rather than litigation. It typically details how an arbitrator is selected, the timeline for initiating arbitration, and the governing rules or institutions that will oversee the process. By establishing a clear and agreed-upon framework for dispute resolution, this clause ensures that conflicts are handled efficiently and fairly, minimizing uncertainty and potential delays.
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Procedure for Arbitration. (a) The arbitral tribunal shall consist of three arbitrators. The claimant(s), irrespective of number, shall nominate jointly one arbitrator; the respondent(s), irrespective of number, shall nominate jointly the second arbitrator; and a third arbitrator, who shall serve as Chairman (who shall be a lawyer currently qualified in England and Wales and be admitted to the Bar of England and Wales), shall be appointed by the LCIA within 15 days of the appointment of the second arbitrator.
(b) In the event the claimant(s) or the respondent(s) shall fail to nominate an arbitrator within the time limits specified in the Rules, such arbitrator shall be appointed by the LCIA within 15 days of such failure. In the event that both the claimant(s) and the respondent(s) fail to nominate an arbitrator within the time limits specified in the Rules, all three arbitrators shall be appointed by the LCIA within 15 days of such failure who shall designate one of them as chairman.
(c) If all the parties to an arbitration so agree, there shall be a sole arbitrator appointed by the LCIA within 15 days of such agreement.
(d) The seat of arbitration shall be London, England and the language of the arbitration shall be English.
(e) Where disputes arise under this Agreement or any other Finance Document which, in the reasonable opinion of the first arbitral tribunal to be appointed in any of the Disputes, are so closely connected that it is expedient for them to be resolved in the same proceedings, that arbitral tribunal shall have the power to order that the proceedings to resolve that Dispute shall be consolidated with those to resolve any of the other Disputes (whether or not proceedings to resolve those other Disputes have yet been instituted), provided that no date for the final hearing of the first arbitration has been fixed. If the arbitral tribunal so orders, the parties to each Dispute which is a subject of the order shall be treated as having consented to that Dispute being finally decided:
(i) by the arbitral tribunal who ordered the consolidation unless the LCIA decides that it would not be suitable or impartial; and
(ii) in accordance with the procedure, at the seat and in the language specified in the arbitration agreement in the contract under which the arbitral tribunal who ordered the consolidation was appointed, save as otherwise agreed by all parties to the consolidated proceedings or, in the absence of such agreement, ordered by the arbitral tribunal in the consoli...
Procedure for Arbitration. (1) The parties hereby agree that any controversy, dispute or claim arising out of, or relating to, this Agreement, or breach of this Agreement, including disputes concerning termination of this Agreement, shall be settled by arbitration in San Mateo, California. This agreement to arbitrate shall be specifically enforceable. Judgment upon any award rendered by an arbitrator may be entered in any court having jurisdiction.
(2) Any demand for arbitration must be served on the other party within forty-five (45) days of the act or omission giving rise to the controversy, dispute or claim.
(3) There shall be one impartial arbitrator chosen by the parties from a list procured from the California Mediation and Conciliation Service.
(4) The arbitrator shall not extend, modify or suspend any of the terms of this Agreement.
(5) The decision of the Arbitrator within the scope of the submission shall be final and binding on all parties, and any right to judicial action on any matter subject to arbitration hereunder is hereby waived (unless otherwise provided by applicable law), except suit to enforce this arbitration award.
(6) Executive agrees that such arbitration shall be the exclusive forum for any controversy, dispute or claim arising out of or relating to this Agreement, or breach or termination of this Agreement. Executive further expressly agrees that in arbitration his exclusive remedy shall be a money award not to exceed the amount of wages he would have earned under this Agreement but for the alleged violation and the Executive shall not be entitled to any other remedy, at law or in equity, including but not limited to reinstatement, other money damages, punitive damages and/or injunctive relief.
(7) Each party shall pay such party's own attorney or other representative, and the expenses of such party's witnesses and all other expenses connected with his case. Other costs of the arbitration, including the cost of any record or transcript of the arbitration, administrative fees, arbitrator's fees, and all other fees and costs, shall be borne by the Corporation; provided, however, that at the discretion of the Arbitrator, and upon a preponderance of the evidence that one of the parties has engaged in malice, fraud or oppression relating to the termination of the Executive's employment, reasonable attorney's fees and costs may be awarded to the other party.
Procedure for Arbitration. It shall be the responsibility of the party desiring Arbitration to so inform the other party in writing in the case of:
1) an employee grievance within fourteen (14) calendar days after the General Manager or his designate has rendered a decision or failed to render a decision as provided for in Section 6.2(b); 2) a Company grievance within fourteen (14) calendar days after the meeting with the Union representative;
3) a Union grievance within fourteen (14) calendar days after the meeting with the Company's representative.
Procedure for Arbitration. Except as provided in Section 8.2 below, any dispute, claim or controversy arising out of or in connection with this Agreement which has not been settled through negotiation within a period of thirty (30) day after the date on which either party shall first have notified the other party in writing of the existence of a dispute shall be settled by final and binding arbitration under the then-applicable Commercial Arbitration Rules of the American Arbitration Association ("AAA"). Any such arbitration shall be conducted by one (1) neutral arbitrator appointed by mutual agreement of the parties or, failing such agreement, in accordance with said Rules. Such arbitrator shall be an experienced attorney with a background in employment law. Any such arbitration shall be conducted in St. Paul, Minnesota. An arbitral ▇▇▇rd may be enforced in any court of competent jurisdiction. Notwithstanding any contrary provision in the AAA Rules, the following additional procedures and rules shall apply to any such arbitration:
(a) Each party shall have the right to request from the arbitrator, and the arbitrator shall order upon good cause shown, reasonable and limited pre-hearing discovery, including (i) exchange of witness lists, (ii) depositions under oath of named witnesses at a mutually convenient location, (iii) written interrogatories, and (iv) document requests.
(b) Upon conclusion of the pre-hearing discovery, the arbitrator shall promptly hold a hearing upon the evidence to be adduced by the parties and shall promptly render a written opinion and award.
(c) The arbitrator shall adhere strictly to the sole and exclusive remedies set forth in Article 4.0 above and may not award or assess punitive damages against either party.
(d) Each party shall bear its own costs and expenses of the arbitration and one-half (1/2) of the fees and costs of the arbitrator, subject to the power of the arbitrator, in his or her sold discretion, to award all such reasonable costs, expenses and fees to the prevailing party.
Procedure for Arbitration. 8.1. The arbitration shall take place at the dates and times to be set by the Arbitrator in consultation with the parties (and their counsel, if applicable).
8.2. The procedure for the arbitration shall be determined by the Arbitrator in consultation with the parties (and their counsel, if applicable).
8.3. The Arbitrator may impose standard process protocols from time to time that will form part of this agreement. Standard Protocol “A” is attached hereto.
8.4. The Arbitrator may determine a timetable for the delivery of briefs, financial disclosure and other documents.
8.5. Notwithstanding the provisions of s. 53 of the Arbitration Act, the Arbitrator may deliver Notices, Directions, Awards, and other communications by e-mail.
8.6. If a hearing is held and unless the parties agree otherwise:
(a) All witnesses shall be sworn under oath or affirmed and shall be subject to cross examination and re-examination, except that the Arbitrator may direct that some or all of the evidence be given by affidavit in such manner as the Arbitrator may direct; and
(b) The parties choose the following rules for admissibility of evidence: s. 15 of the Statutory Powers Procedure Act R.S. O., 1990, c. 22 or All usual rules for admissibility of evidence in court proceedings as amended by the Arbitration Act, the Family Law Rules and the Rules of Civil Procedure, where applicable.
8.7. The parties agree: (Select one) There shall not be a reporter; or There shall be a reporter appointed as required for all or part of any arbitration as determined by the Arbitrator in consultation with the parties (and counsel, if applicable).
Procedure for Arbitration. The arbitration shall proceed according to the Oregon statutes governing arbitration, and the award of the arbitrator shall have the effect therein provided. The arbitration shall take place in Deschutes County. Common costs of the arbitration shall be shared equally by the Parties, but each Party shall pay its own attorney fees incurred in connection with the arbitration.
Procedure for Arbitration. Except as provided in Section 17.2 above, any dispute, claim or controversy arising out of or in connection with this Agreement which has not been settled through negotiation within a period of thirty (30) days after the date on which either party shall first have notified the other party in writing of the existence of a dispute shall be settled by final and binding arbitration under the International Arbitration Rules of the American Arbitration Association (“AAA”). Any such arbitration shall be conducted by three (3) neutral arbitrators appointed by mutual agreement of the parties or, failing such agreement, in accordance with said Rules. At least one (1) arbitrator shall be an experienced computer software professional, and at least one (1) arbitrator shall be an experienced business attorney with a background in the licensing and distribution of computer software. Any such arbitration initiated by Vital Images shall be conducted in Orange County, California, U.S.A., and any such arbitration initiated by Toshiba or Dealer Associate shall be conducted in Minneapolis, Minnesota, U.S.A., any such arbitration to be conducted in the English language. An arbitral award may be enforced in any court of competent jurisdiction. Notwithstanding any contrary provision in the AAA Rules, the following additional procedures and rules shall apply to any such arbitration:
(a) Each party shall have the right to request from the arbitrators, and the arbitrators shall order upon good cause shown, reasonable and limited pre-hearing discovery, including (i) exchange of witness lists, (ii) depositions under oath of named witnesses at a mutually convenient location, (iii) written interrogatories and (iv) document requests.
(b) Upon conclusion of the pre-hearing discovery, the arbitrators shall promptly hold a hearing upon the evidence to be adduced by the parties and shall promptly render a written opinion and award.
(c) The arbitrators may not award or assess punitive damages, consequential or indirect damages against either party.
(d) Each party shall bear its own costs and expenses of the arbitration and one-half (1/2) of the fees and costs of the arbitrators, subject to the power of the arbitrators, in their sole discretion, to award all such reasonable costs, expenses and fees to the prevailing party.
Procedure for Arbitration. It shall be the responsibility of the party desiring Arbitration to so inform the other party in writing in the case of:
a) An employee grievance within fourteen (14) calendar days after the Area Manager or his designate has rendered a decision or failed to render a decision as provided for in Section 6.2(b);
b) A Company grievance within fourteen (14) calendar days after the meeting with the Union representative;
c) A Union grievance within fourteen (14) calendar days after the meeting with the Company's representative
d) Should the parties fail to reach a satisfactory settlement in the preceding steps, the final settlement of the grievance may be submitted to a single Arbitrator as outlined below.
e) Before submitting the grievance to arbitration, the dispute shall, if requested by either party and in accordance with the procedures outlined in this Section, be brought to the attention of a Ontario Joint Grievance Panel established for this purpose by the Company and the Local Union. The Ontario Joint Grievance Panel will render a decision unless it is deadlocked which shall be final and binding and have the judicial powers as a single Arbitrator established under the following provisions. The Ontario Joint Grievance Panel shall be comprised of two (2) persons, one (1) of whom shall be selected from management and one (1) from the Local Unions; It is further agreed that the Company and Local Union shall name only experienced representatives who are engaged in the day to day administration of this Agreement as nominees of the Ontario Joint Grievance Panel as required. It is understood that in the selection of the representatives the Company must name a representative from another Company and the Union must name a representative from another Local Union. It is further agreed that in the event that the Ontario Joint Grievance Panel is unable to render a decision the grieving party must, within fourteen (14) calendar days of the date the Ontario Joint Grievance Panel declares a deadlock, proceed to arbitration as outlined in 6.5 (g), unless the grievance is withdrawn;
f) All time limits as specified herein for the Grievance or Arbitration procedures may be extended, but only by mutual agreement confirmed in writing.
g) A notice of intent to arbitrate under the foregoing provision shall contain the name of the aggrieved party’s proposed Arbitrator. Within seven (7) calendar days from the receipt of such notice of intent to arbitrate, the other party must eithe...
Procedure for Arbitration. Subject to the above, any demand for arbitration may be filed with the AAA and served upon the other party at any time within the period covered by the applicable statute of limitations.
Procedure for Arbitration. 6.3.1 A dispute shall be arbitrated by:
(a) one arbitrator drawn from the panel if agreed to by the parties to the arbitration; or
(b) three arbitrators drawn from the panel, one of whom shall be appointed by the party making the submission to arbitration, one by the other party to the submission and the third to be selected by the two appointed arbitrators from the other members of the panel. Failing agreement, the third arbitrator shall be appointed by a judge pursuant to the Arbitration Act, R.S.N.W.T 1988, c. A-5, who shall not be restricted to members of the panel when making such appointment.
(c) Unless otherwise agreed, arbitrators shall be selected from the panel.
6.3.2 An arbitration, in respect of any matter referred to in 6.1.5(a), shall be convened by a submission to arbitration filed with the panel by any person having a right to arbitration under this agreement. The submission shall name the other party to the dispute, set out the nature of the dispute, a summary of the facts, describe the issue to be arbitrated, name an arbitrator from the panel and describe the relief sought.
6.3.3 In the case of an arbitration convened pursuant to 6.3.2, the other party to the dispute shall file a reply within 30 days responding to the submission, agreeing to the arbitrator named in the submission or naming another arbitrator from the panel and describing any relief sought. Where the other party to the dispute fails to file a reply within the prescribed time, that party shall be deemed to have agreed to the arbitrator named in the submission and shall be deemed to be a party to the arbitration.
(a) The Gwich’in Tribal Council, Canada or the Government of the Northwest Territories may participate in any arbitration as a party on notice to the arbitrator or arbitrators.
(b) The arbitrator or arbitrators shall allow any other person, on application and on such terms as the arbitrator or arbitrators in their discretion may order, to participate in an arbitration if in the opinion of the arbitrator or arbitrators the interest of that person may be affected by the arbitration.
6.3.5 The arbitrator or arbitrators shall have jurisdiction, after hearing the parties, to determine all questions of procedure, including the method of giving evidence, and to make an award, including interim relief, payment of interest and costs in accordance with this agreement.
6.3.6 It is intended that the process of arbitration will resolve disputes submitted to it in an expeditious ...