Qualifications of the Arbitrator Sample Clauses

Qualifications of the Arbitrator. The arbitrator shall be selected based by mutual agreement of the parties. The arbitrator shall be a retired judge or an attorney with at least five (5) years of experience with public works construction contract law and in arbitrating public works construction disputes. In addition, the arbitrator shall have at least twenty (20) hours of formal training in arbitration skills. In the event the parties cannot agree upon a mutually acceptable arbitrator, then the provisions of California Public Contract Code Section 10240.3 shall be followed in selecting an arbitrator possessing the qualifications required herein.
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Qualifications of the Arbitrator. No person shall serve as an arbitrator in any matter in which that person has any financial or personal interest in the result of the proceeding. Prior to accepting appointment, the prospective arbitrator shall disclosure any circumstance likely to prevent a prompt hearing or create a presumption of bias. Upon receipt of such information from the arbitrator or any other source, AAA will either replace that person or communicate the information to the Parties for comment. Thereafter, AAA may disqualify that person and its decision shall be conclusive.
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Qualifications of the Arbitrator. The arbitrator chosen by the parties or appointed by JAMS or any other arbitration organization shall be a retired Federal District Court, California Superior Court, or federal or state appellate or supreme court judge with at least ten (10) years experience on the bench.
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Qualifications of the Arbitrator. (s). The arbitrator(s) must be a lawyer, having practiced actively in the field of commercial law for at least fifteen (15) years.
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Qualifications of the Arbitrator. Any arbitration conducted under this Article IV (“Arbitration”) shall be conducted and heard by a sole arbitrator (the “Arbitrator”), who shall be a former judge or professional arbitrator with expertise in the area of civil litigation, and whose primary office is in the greater Austin, Texas area. Each Settling Party and each proposed Arbitrator shall disclose to all participants any business, familial or other relationship or affiliation that may exist between such Settling Party and such proposed Arbitrator, and any such relationship or affiliation shall disqualify such Arbitrator unless waived by each other Settling Party.
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Related to Qualifications of the Arbitrator

  • Powers of the Arbitrator It shall be the function of the arbitrator and he shall be so empowered, except as his powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific Articles of this Agreement. (a) He shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement. (b) He shall have no power to establish wage rates or to change any rate, except as modified by Subsection (e) of this Section. (c) He shall have no power to rule on the discipline or discharge of any employee or matters involving prohibited bargaining subjects. (d) He shall have no power to change any practice, policy, or rule of the Board of Education, nor to substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule or any action of the Board. (e) His powers shall be limited to deciding whether the Board has violated the express article or sections of this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the Board. (f) In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the Agreement that there will be no interference with such responsibilities, except as they may be specifically conditioned by this Agreement. Decisions of the Arbitrator will be final and binding upon both parties. (g) In the event that a case is appealed to an Arbitrator on which he has no power to rule, it shall be referred back to the parties without decision or recommendation on its merits. (h) The impartial Arbitrator shall have the authority to order full, partial, or no compensation for time lost subject to items (a) through (g) of this Section.

  • Expenses of the Arbitrator The fees and expenses of the arbitrator and any other common expenses shall be shared equally by both parties.

  • Selection of the Arbitrator a) Arbitration shall be by a single arbitrator. b) The central parties shall select a mutually agreed upon arbitrator. c) The central parties may refer multiple grievances to a single arbitrator. d) Where the central parties are unable to agree upon an arbitrator within 10 days of referral to arbitration, either central party may request that the Minister of Labour appoint an arbitrator. e) The remuneration and expenses of the arbitrator shall be shared equally between the central parties.

  • Appointment of the Arbitrator When a Party has requested that a grievance be submitted to arbitration, an Arbitrator shall be selected from the agreed upon list outlined in Appendix B.

  • ▇▇▇▇▇▇ of the Arbitrator It shall be the function of the arbitrator, and he/she shall be empowered, except as his/her powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific articles and sections of this Agreement. 1. The arbitrator shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. 2. The arbitrator shall have no power to rule on any of the following: a. Actions taken by the Employer with respect to probationary employees including, but not limited to, discipline and discharge. b. Any claim or complaint for which there is another remedial procedure or forum established by law or by regulation having the force of law. c. Any matter involving the content of an employee evaluation. 3. He/she shall have no power to change any practice, policy, or rule of the Employer nor to substitute his/her judgment for that of the Employer as to the reasonableness of any such practice, policy, rule, or any action taken by the Employer. His/her power shall be limited to deciding whether the Employer has violated the express articles or sections of this Agreement; and he/she shall not imply obligations and conditions binding upon the Employer from this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the Employer. 4. He/she shall have no power to decide any question which, under this Agreement, is within the responsibility of management to decide. In rendering a decision, an arbitrator shall give due regard to the responsibility of management and shall so construe the Agreement that there will be no interference with such responsibilities, except as they may be specifically conditioned by this Agreement. 5. If either party disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall first determine the arbitrability of said dispute. By stipulation of the parties, the Arbitrator shall have the authority to concurrently hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the Arbitrator determine that he/she is without jurisdiction to rule, the matter shall be dismissed without decision on the merits. Submission of jurisdictional issues to the Arbitrator shall not be regarded as a waiver by either party of its right to institute civil litigation contesting either the authority of the Arbitrator or any award allegedly rendered in excess of such authority. 6. There shall be no appeal from the arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its members, the employee or employees involved and the Employer. Any litigation to vacate or enforce the Arbitrator’s decision must be initiated within six (6) months of the issuance of the Opinion and Award. 7. The fees and expenses of the arbitrator shall be shared equally by the Association and the Employer.