Common use of Rules Governing Arbitration Clause in Contracts

Rules Governing Arbitration. 1. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association. 2. Any grievance not appealed to arbitration shall be deemed resolved by the employer’s answer at the previous step without prejudice to other grievances, unless the Association agrees in writing with the settlement of the grievance. 3. The decision of the arbitrator shall be binding upon both parties to the grievance. The arbitrator shall have no power to amend, subtract from, add to, alter, disregard or modify any terms of this Agreement. The arbitrator shall not have authority to decide any issue not submitted or to interpret or apply the Agreement as to change what can fairly be said to have been the intent of the parties as determined by generally accepted rules of contract construction. Past practices of the parties in interpreting or applying terms of this Agreement can be relevant evidence, but may not be used so as to justify, or result in, what is in effect a modification, addition, or detraction of written terms of this Agreement. 4. The Arbitrator shall have the authority to determine whether the case will be heard on its merits at the same hearing in which the jurisdictional question is presented. In any case, where the Arbitrator determines that such grievance fails to meet said test of arbitrability, the case will be referred back to the parties without a recommendation on the merits. Unless expressly agreed to by the parties, in writing, the Arbitrator is limited to hearing one issue or grievance upon its merits at one hearing. Separate hearing shall be constituted for each grievance appealed to arbitration. 5. The fees and expenses of the arbitrator, American Arbitration Association administrative costs, cost of any transcripts, and cost of any hearing room shall be borne equally by the parties to the arbitration. All other expenses shall be borne by the party incurring them. 6. Neither party to a grievance shall be permitted to present any evidence not disclosed to the other party at least forty-eight (48) hours prior to the arbitration hearing, nor shall either party be permitted to amend a grievance at the level of arbitration (after Step Three).

Appears in 3 contracts

Sources: Professional Negotiations Agreement, Professional Negotiations Agreement, Professional Negotiations Agreement

Rules Governing Arbitration. 1. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association. 2. Any grievance not appealed to arbitration shall be deemed resolved by the employer’s answer at the previous step without prejudice to other grievances, grievances unless the Association agrees in writing with the settlement of the grievance. 3. The decision of the arbitrator shall be binding upon both parties to the grievance. The arbitrator shall have no power to amend, subtract from, add to, alter, disregard disregard, or modify any terms of this Agreement. The arbitrator shall not have authority to decide any issue not submitted or to interpret or apply the Agreement as to change what can fairly be said to have been the intent of the parties as determined by generally accepted rules of contract construction. Past practices of the parties in interpreting or applying terms of this Agreement can be relevant evidence, but may not be used so as to justify, or result in, what is in effect a modification, addition, or detraction of written terms of this Agreement. 4. The Arbitrator shall have the authority to determine whether the case will be heard on its merits at the same hearing in which the jurisdictional question is presented. In any case, where the Arbitrator determines that such grievance fails to meet said test of arbitrability, the case will be referred back to the parties without a recommendation on the merits. Unless expressly agreed to by the parties, in writing, the Arbitrator is limited to hearing one issue or grievance upon its merits at one hearing. Separate hearing shall be constituted for each grievance appealed to arbitration. 5. The fees and expenses of the arbitrator, American Arbitration Association administrative costs, cost of any transcripts, and cost of any hearing room shall be borne equally by the parties to the arbitration. All other expenses shall be borne by the party incurring them. 6. Neither party to a grievance shall be permitted to present any evidence not disclosed to the other party at least forty-eight (48) hours prior to the arbitration hearing, nor shall either party be permitted to amend a grievance at the level of arbitration (after Step Three).

Appears in 1 contract

Sources: Master Contract

Rules Governing Arbitration. 1. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association. 2. Any grievance not appealed to arbitration shall be deemed resolved by the employer’s answer at the previous step without prejudice to other grievances, unless the Association agrees in writing with the settlement of the grievance. 3. The decision of the arbitrator shall be binding upon both parties to the grievance. The arbitrator shall have no power to amend, subtract from, add to, alter, disregard or modify any terms of this Agreement. The arbitrator shall not have authority to decide any issue not submitted or to interpret or apply the Agreement as to change what can fairly be said to have been the intent of the parties as determined by generally accepted rules of contract construction. Past practices of the parties in interpreting or applying terms of this Agreement can be relevant evidence, but may not be used so as to justify, or result in, what is in effect a modification, addition, or detraction of written terms of this Agreement. 4. The Arbitrator shall have the authority to determine whether the case will be heard on its merits at the same hearing in which the jurisdictional question is presented. In any case, where the Arbitrator determines that such grievance fails to meet said test of arbitrability, the case will be referred back to the parties without a recommendation on the merits. Unless expressly agreed to by the parties, in writing, the Arbitrator is limited to hearing one issue or grievance upon its merits at one hearing. Separate hearing shall be constituted for each grievance appealed to arbitration. 5. The fees and expenses of the arbitrator, American Arbitration Association administrative costs, cost of any transcripts, and cost of any hearing room shall be borne equally by the parties to the arbitration. All other expenses shall be borne by the party incurring them. 6. Neither party to a grievance shall be permitted to present any evidence not disclosed to the other party at least forty-eight (48) hours prior to the arbitration hearing, nor shall either party be permitted to amend a grievance at the level of arbitration (after Step Three).

Appears in 1 contract

Sources: Professional Negotiations Agreement

Rules Governing Arbitration. 1Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth in this Agreement. Copies of these rules can be obtained at the AAA’s website (▇▇▇.▇▇▇.▇▇▇) (the “AAA Rules”) or by calling the AAA at ▇-▇▇▇-▇▇▇-▇▇▇▇. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of representative, collective, or class proceeding. The parties may select a different arbitration administrator upon mutual written agreement. As part of the arbitration, both you and the applicable HOFV Parties will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims. The case shall be heard by one arbitrator, who shall be an executive with a company in the entertainment event production industry and will be conducted in accordance with the rules of the American Arbitration Association. 2. Any grievance not appealed to arbitration shall be deemed resolved by the employer’s answer at the previous step without prejudice to other grievances, unless the Association agrees in writing with the settlement of the grievance. 3. The decision of the arbitrator shall be binding upon both parties to the grievanceEnglish. The arbitrator shall have no power to amend, subtract from, add to, alter, disregard or modify any terms will decide the substance of this Agreementall claims in accordance with applicable law and will honor all claims of privilege recognized by law. The arbitrator shall not have authority be bound by rulings in prior arbitrations involving different Users but is bound by rulings in prior arbitrations involving the same User to decide any issue not submitted or to interpret or apply the Agreement as to change what can fairly be said to have been the intent of the parties as determined extent required by generally accepted rules of contract construction. Past practices of the parties in interpreting or applying terms of this Agreement can be relevant evidence, but may not be used so as to justify, or result in, what is in effect a modification, addition, or detraction of written terms of this Agreement. 4applicable law. The Arbitrator arbitrator’s award shall have the authority to determine whether the case will be heard on its merits at the same hearing in which the jurisdictional question is presented. In any case, where the Arbitrator determines that such grievance fails to meet said test of arbitrability, the case will be referred back to the parties without a recommendation final and binding and judgment on the merits. Unless expressly agreed to award rendered by the parties, arbitrator may be entered in writing, the Arbitrator is limited to hearing one issue or grievance upon its merits at one hearing. Separate hearing shall be constituted for each grievance appealed to arbitrationany court having jurisdiction thereof. 5. The fees and expenses of the arbitrator, American Arbitration Association administrative costs, cost of any transcripts, and cost of any hearing room shall be borne equally by the parties to the arbitration. All other expenses shall be borne by the party incurring them. 6. Neither party to a grievance shall be permitted to present any evidence not disclosed to the other party at least forty-eight (48) hours prior to the arbitration hearing, nor shall either party be permitted to amend a grievance at the level of arbitration (after Step Three).

Appears in 1 contract

Sources: Terms of Use