Selection of the Arbitral Tribunal Sample Clauses

Selection of the Arbitral Tribunal. 1. The arbitral tribunal shall be composed of three arbitrators. 2. Each Party, within 20 days of receiving the request for the establishment of the arbitral tribunal, shall designate an arbitrator, who may be its national, and propose up to four candidates to act as president of the arbitral tribunal. The president of the arbitral tribunal may not be a national or have his permanent residence in the territory of any of the Parties. This information will be notified in writing to the other Party. 3. If a Party does not appoint an arbitrator within the time period stipulated in paragraph 2, the arbitrator will be selected by the other Party from the indicative list of experts who may be members of WTO panels in respect of the Party that it did not designate. In the event that the candidates on that list are not available, the arbitrator will be selected from among the candidates on the indicative list of experts who may be members of WTO panels for any of the Members other than the Parties. 4. The Parties, within 20 days after the expiration of the term established in paragraph 2, shall designate by common agreement the president of the arbitral tribunal from among the candidates proposed by them. If after this period the Parties do not reach an agreement, the president will be selected from among the proposed candidates through a lottery carried out by the Director General of the WTO at the request of any of the Parties within the following 30 days . 5. If an arbitrator resigns or is otherwise unable to fulfill his function, a successor will be selected in accordance with the provisions of this Article. Any term of the procedure will be suspended, from the date on which the arbitrator resigns or is otherwise unable to fulfill his function, until the date of selection of the successor. The successor will assume the role and obligations of the original arbitrator . 6. Any Party may challenge an arbitrator or candidate in accordance with the provisions of the rules of procedure of the arbitral tribunals.
View SourceView Similar (4)
Selection of the Arbitral Tribunal. The Dispute shall be decided by a panel of three neutral arbitrators. The claimant shall nominate an arbitrator at the time it serves its request for arbitration. The respondent shall nominate an arbitrator at the time it serves its response to the request for arbitration. If a Party fails to appoint an arbitrator, then that arbitrator shall be appointed in accordance with the Rules. The two arbitrators shall together agree upon a third arbitrator to recommend to the AAA to chair the arbitration. If the two party-appointed arbitrators are unable to agree upon an arbitrator within fifteen (15) days of the respondent’s appointment of an arbitrator, then the chairman shall be chosen according to the Rules.
View SourceView Similar (3)
Selection of the Arbitral Tribunal. Each arbitration under this Article 8 will be settled by a panel of three (3) arbitrators. Each Party shall nominate one arbitrator in accordance with the Arbitration Rules, and the two arbitrators so nominated shall nominate jointly a third arbitrator, who shall serve as the chair of the arbitral tribunal (“Arbitral Tribunal”), within fifteen (15) days from the receipt of a communication from the Arbitration Chamber by the two previously nominated arbitrators. If any arbitrator has not been nominated within the time limits specified herein and/or in the Arbitration Rules, as applicable, such appointment shall be made by the Arbitration Chamber upon the written request of either Party within fifteen (15) days of such request. If at any time a vacancy occurs in the Arbitral Tribunal, the vacancy shall be filled in the same manner and subject to the same requirements as provided for the original appointment to that position.
View SourceView Similar (2)
Selection of the Arbitral Tribunal. The Dispute shall be decided by a panel of three neutral arbitrators selected as follows. The claimant shall nominate an arbitrator at the time it serves its notice of arbitration. The respondent shall nominate an arbitrator within 15 days of the claimant's nomination of an arbitrator. In the event that there is more than one claimant or more than one respondent, then the claimants or respondents, as the case may be, shall collectively appoint one arbitrator. If a party or a group of parties does not appoint an arbitrator, then an arbitrator shall be appointed according to the Rules. The two arbitrators shall together agree upon a third arbitrator to chair the arbitration. If the two party-appointed arbitrators are unable to agree upon an arbitrator within 30 days of the respondent's appointment of an arbitrator, then the chairman shall be chosen according to the Rules.
View Source

Related to Selection of the Arbitral Tribunal

  • 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.

  • Decision of the Arbitrator The decision of the arbitrator shall be final, binding, and enforceable on the Parties. The arbitrator shall have the power to dispose of a grievance by any arrangement deemed just and equitable. However, the arbitrator shall not have the power to change this Agreement by altering, modifying, or amending any provision.

  • ▇▇▇▇▇▇ 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.

  • Jurisdiction of the Arbitrator The arbitrator shall have no power to alter, add to, subtract from the terms of this Agreement. The arbitrator's decision will be based upon the specific provisions of this Agreement. This arbitration provision shall be for grievances only.

  • 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.