Referral to Arbitration Clause Samples
The Referral to Arbitration clause establishes that disputes arising under the contract will be resolved through arbitration rather than through court litigation. Typically, this clause outlines the process for initiating arbitration, specifies the governing rules (such as those of a particular arbitration institution), and may set requirements for the location and number of arbitrators. Its core practical function is to provide a private, often faster and more flexible, method for resolving disagreements, thereby reducing the time, cost, and public exposure associated with traditional court proceedings.
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Referral to Arbitration. Such notification shall specify the party’s choice of whether it wishes to utilize the regular arbitration procedure or the expedited arbitration procedure, as provided for within this Article. In the event that a grievance is submitted to the regular arbitration process, it shall be heard by a single arbitrator, unless either party requests that it be heard by a three-member arbitration board.
Referral to Arbitration. Failing settlement being reached at Step 2, either party may refer their grievance to arbitration within thirty (30) days of the receipt of the Step 2 response or the expiration of Step 2 time limits, by advising the Director of Labour Relations or authorized designate or the authorized Union Representative, in writing by registered mail of its intention to refer the dispute to Arbitration.
Referral to Arbitration. In the event that a grievance is submitted to arbitration, it shall be heard by a single arbitrator, unless either party requests that it be heard by a three-member arbitration board. Such notification shall specify the party’s choice of whether it wishes to utilize the regular arbitration procedure or the expedited arbitration procedure, as provided for within this Article. In the event that a grievance is submitted to the regular arbitration process, it shall be heard by a single arbitrator, unless either party requests that it be heard by a three-member arbitration board.
Referral to Arbitration. Failing settlement being reached at Step 3, or per the Company and Union grievance procedures above, either Party may refer their grievance to arbitration within thirty (30) days of the receipt of the Step 3 response, the expiration of Step 3 time limits, or the conclusion of the Company and Union grievance procedures. The Union shall advise the Director of Labour Relations in writing of its intent to refer the dispute to arbitration. The Company shall advise the authorized Union representative in writing of its intent to refer the dispute to arbitration. At the time a grievance is referred to arbitration, the referring party shall purpose suggested arbitrator. Failing agreement on the selection of an arbitrator, either party may request the Minister of Labour to appoint an arbitrator.
Referral to Arbitration. Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within fifteen (15) business days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned.
Referral to Arbitration. Failing satisfactory settlement of the grievance at the Third (3rd) Step, the matter may be referred, by either party, to arbitration within fourteen (14) calendar days of receipt of the written decision. This referral shall be done in accordance with Article 8.01.
Referral to Arbitration. If arbitration of any grievance is to be invoked, the request shall be made by either party within thirty (30) working days after the dates of the reply at Step 2.
Referral to Arbitration. In the event that a grievance is submitted to arbitration, it shall be heard by a single arbitrator agreed to by the parties. If the Employer and the Union fail to agree upon the appointment of the arbitrator within ten (10) working days of notice of arbitration in accordance with Article 7.01 (c), the appointment shall be made by the Provincial Minister of Labour.
Referral to Arbitration. It is agreed by the parties hereto that any difference of opinion relating to the interpretation, application or administration of this Agreement which cannot be settled after exhausting the Grievance Procedure shall be settled by arbitration. A Notice of Intent to arbitrate shall be forwarded to the other party within the time limits set out in Article 8.14 and such notice shall contain the name of the Union’s nominee to the Arbitration Board. Within five (5) working days from the receipt of the Notice of Intent to Arbitrate, the other party must in turn name their nominee. A third person to act as Chairman shall be appointed by the respective nominee. Should either party fail to name their nominee within five (5) working days or should the nominees fail to appoint a Chairperson within ten (10) working days from the date of their appointment, either party or their nominee shall request the Office of Arbitration, Ontario Ministry of Labour, to make the appropriate appointment.
Referral to Arbitration. If a satisfactory settlement is not reached at Step Three, the grievance may be referred to arbitration as set forth in Article 4.02.