Appointment and Powers of Arbitrator. A Party desiring arbitration hereunder shall give written notice of arbitration to the other Party containing a concise description of the matter submitted for arbitration ("Notice of Arbitration"). If the Parties fail to jointly appoint an Arbitrator within twenty (20) days thereafter, an Arbitrator shall be designated by a judge of the Ontario Superior Court of Justice upon application by either Party. The Arbitrator may determine all questions of law, fact and jurisdiction with respect to the dispute or the arbitration (including questions as to whether a dispute is arbitrable) and all matters of procedure relating to the arbitration. The Arbitrator may grant legal and equitable relief (including injunctive relief), award costs (including legal fees and the costs of the arbitration), and award interest.
Appointment and Powers of Arbitrator. The case shall be submitted to a single arbitrator chosen by the parties from a list of retired judges and justices at J.A.M.S. Should the parties be unable to agree on a choice of arbitrator within thirty (30) days from the demand for arbitration, then either party may request the Contract Arbitrator Administrator at said service to furnish a list of three names and each side may strike one name, thereby nominating the remaining person as replacement arbitrator. If more than one name remains, the Contract Arbitration Administrator of J.A.M.S. will choose an arbitrator from the list of remaining names. If the designated arbitrator shall die, become incapable of, unwilling to, or unable to serve or proceed with the arbitration, the party or parties appointing said arbitrator shall have the power to appoint another in his or her stead under the procedures prescribed herein, and such substituted arbitrator shall have all such powers as if he or she had been originally appointed herein. The arbitrator shall have full power to make such regulations and to give such orders and directions in all respects, as he or she shall deem expedient, as well as in respect to the matters and differences referred to them and also with respect to the mode and times of executing and performing any of the acts, deeds, matters, and things which may be awarded or directed to be done. Should either party refuse or neglect to appoint said arbitrator or to furnish the arbitrator with any papers or information demanded, the arbitrator is empowered by both parties to proceed ex parte. The arbitrator shall have the authority and power to request the production of any books or records in the possession or control of either of the parties and to order that either party shall in the meantime have access to and be permitted to inspect and take copies of all or any of the same relating to the matters in difference. The arbitrator shall have the power to order and direct what he or she shall deem necessary to be done by either of the parties relating to the matters in dispute. The arbitrator shall have the power to order and direct what he or she shall deem necessary to be done by either of the parties relating to the matters in dispute. The arbitrator shall have full power to give such directions and to make such orders in the matters so referred to them as he or she shall deem just. The arbitrator may grant any remedy or relief that the arbitrator deems just and equitable and within the sco...
Appointment and Powers of Arbitrator. The dispute shall be submitted to a single arbitrator chosen by the parties from a list of retired judges provided by the Administrator. The Administrator shall provide such list to the parties twenty (20) days after the Demand for Arbitration is filed. Should the parties be unable to agree on a choice of arbitrator within ten (10) days after receipt of the list from the Administrator, then either party may request the Administrator to furnish a list of three names and each side may strike one name, thereby nominating the remaining person as the arbitrator. If more than one name remains, the Administrator shall choose an arbitrator from the list of remaining names. If the designated arbitrator shall die, become incapable of, unwilling to, or unable to serve or proceed with the arbitration, the Administrator shall appoint a replacement arbitrator, and such replacement arbitrator shall have all such powers as if he or she had been originally appointed as the arbitrator. Should either party refuse or neglect, after reasonable notice, to furnish the arbitrator with any papers or information demanded or to attend hearings before the arbitrator, the arbitrator is empowered by both parties to proceed with the remainder of the arbitration process set forth in this Exhibit. The arbitrator is authorized to issue an award for compensatory damages, and/or to grant any equitable remedy or other relief he or she deems just and equitable and within the scope of the Agreement, including, but not limited to, an injunction or order for specific performance. The arbitrator shall not have the authority to award exemplary or punitive damages.
Appointment and Powers of Arbitrator. The dispute shall be submitted to a single arbitrator chosen by the parties from a list of potential arbitrators provided by the Administrator. The parties shall use their best efforts to cause the Administrator to provide such list to the parties within fifteen (15) days after the Demand for Arbitration is filed. Should the parties be unable to agree on a choice of arbitrator within ten (10) days after receipt of the list from the Administrator, then either party may request the Administrator to furnish a list of three names and each side may strike one name, thereby nominating the remaining person as the arbitrator. If more than one name remains, the Administrator shall choose an arbitrator from the list of remaining names. If the designated arbitrator shall die, become incapable of, unwilling to, or unable to serve or proceed with the arbitration, the Administrator shall appoint a replacement arbitrator, and such replacement arbitrator shall have all such powers as if he or she had been originally appointed as the arbitrator. Should either party refuse or neglect, after reasonable notice, to furnish the arbitrator with any papers or information demanded or to attend hearings before the arbitrator, the arbitrator is empowered by both parties to proceed with the remainder of the arbitration process set forth in this Article 9. The arbitrator is authorized to issue an award for compensatory damages, and/or to grant any equitable remedy or relief he or she deems just and equitable and within the scope of the Agreement of the parties, including, but not limited to, an injunction or order for specific performance. The arbitrator shall not have the authority to award punitive damages.
