Common use of Arbitrator Qualifications and Powers; Awards Clause in Contracts

Arbitrator Qualifications and Powers; Awards. Arbitrators must be active members of the State Bar in the state in which the arbitration is held or retired judges of the state or federal judiciary of the state in which the arbitration is held, with expertise in the substantive laws applicable to the subject matter of the Dispute. Arbitrators are empowered to resolve Disputes by summary rulings in response to motions filed prior to the final arbitration hearing. Arbitrators (a) will resolve all Disputes in accordance with the substantive law of the state in which the arbitration is held, (b) may grant any remedy or relief that a court of the state in which the arbitration is held could order or grant within the scope hereof and such ancillary relief as is necessary to make effective any award, and (c) will have the power to award recovery of all costs and fees, to impose sanctions and to take such other actions as they deem necessary to the same extent a judge could pursuant to the Federal Rules of Civil Procedure, the Rule of Civil Procedure in the state in which the arbitration is held or other applicable law. Any Dispute in which the amount in controversy is $5,000,000 or less will be decided by a single arbitrator who will not render an award of greater than $5,000,000 (including damages, costs, fees and expenses). By submission to a single arbitrator, each Party expressly waives any right or claim to recover more than $5,000,000. Any Dispute in which the amount in controversy exceeds $5,000,000 will be decided by majority vote of a panel of three arbitrators; provided however, that all three arbitrators must actively participate in all hearings and deliberations.

Arbitrator Qualifications and Powers; Awards. Arbitrators must be active members of the State Bar official licensing organization for attorneys in the state in which the arbitration is held Arbitration Location or retired judges of the state or federal judiciary of the state in which the arbitration is heldArbitration Location, with expertise in the substantive laws applicable Law relating to the subject matter of the Dispute. Arbitrators are empowered to resolve Disputes by summary rulings in response to motions filed prior to the final arbitration hearing. Arbitrators Arbitrators: (ai) will resolve all Disputes in accordance with the substantive law Law that governs this Master Agreement, excluding any applicable conflicts or choice of the state in which the arbitration is held, Law provisions; (bii) may grant any remedy or relief that a court of the state in which the arbitration is held jurisdiction whose Law governs this Agreement could order or grant within the scope hereof and such ancillary relief as is necessary to make effective any award, such award (but in no event will the arbitrator have the authority to award damages that exceed the scope of this Agreement); and (ciii) will have the power to award recovery of all costs and fees, to impose sanctions and to take such other actions as they deem necessary to the same extent a judge could pursuant to the Federal Rules rules of Civil Procedure, the Rule of Civil Procedure civil procedure in the state in which the arbitration is held or other applicable lawjurisdiction whose Law governs this Master Agreement. Any Dispute in which the initial amount in controversy is Five Million Dollars ($5,000,000 5,000,000), or its equivalent, or less will shall be decided by a single arbitrator who will not render an award of greater than $5,000,000 (including damages, costs, fees and expenses). By submission to a single arbitrator, each Party expressly waives any right or claim to recover more than $5,000,000. Any Dispute in which the initial amount in controversy exceeds Five Million Dollars ($5,000,000 will 5,000,000), or its equivalent, shall be decided by majority vote of a panel of three arbitrators; provided however, that all three arbitrators must actively participate in all hearings and deliberations.

Arbitrator Qualifications and Powers; Awards. Arbitrators must be active members of the State Bar in the state in which the arbitration is held Arbitration State or retired judges of the state or federal judiciary of the state in which the arbitration is heldArbitration State, with expertise in the substantive laws applicable to the subject matter of the Dispute. Arbitrators are empowered to resolve Disputes by summary rulings in response to motions filed prior to the final arbitration hearing. Arbitrators (a) will resolve all Disputes in accordance with the substantive law of the state in which the arbitration is heldArbitration State, without regard to such state’s conflict of laws provisions, (b) may grant any remedy or relief that a court of the state in which the arbitration is held Arbitration State could order or grant within the scope hereof and such ancillary relief as is necessary to make effective any award, and (c) will have the power to award recovery of all costs and fees, to impose sanctions and to take such other actions as they deem necessary to the same extent a judge could pursuant to the Federal Rules of Civil Procedure, the Rule of Civil Procedure in the state in which the arbitration is held or other applicable lawArbitration State. Any Dispute in which the amount in controversy is $5,000,000 or less will be decided by a single arbitrator who will not render an award of greater than $5,000,000 (including damages, costs, fees and expenses). By submission to a single arbitrator, each Party expressly waives any right or claim to recover more than $5,000,000. Any Dispute in which the amount in controversy exceeds $5,000,000 will be decided by majority vote of a panel of three arbitrators; provided however, that all three arbitrators must actively participate in all hearings and deliberations.

Arbitrator Qualifications and Powers; Awards. Arbitrators must be active members of the State Bar official licensing organization for attorneys in the state in which the arbitration is held Arbitration Location or retired judges of the state or federal judiciary of the state in which the arbitration is heldArbitration Location, with expertise in the substantive laws applicable law relating to the subject matter of the Dispute. Arbitrators are empowered to resolve Disputes by summary rulings in response to motions filed prior to the final arbitration hearing. Arbitrators Arbitrators: (ai) will resolve all Disputes in accordance with the substantive law that governs this Agreement, excluding any applicable conflicts or choice of the state in which the arbitration is held, law provisions; (bii) may grant any remedy or relief that a court of the state in which the arbitration is held jurisdiction whose law governs this Agreement could order or grant within the scope hereof and such ancillary relief as is necessary to make effective effect any award, such award (but in no event will the arbitrator have the authority to award damages that exceed the scope of this Agreement); and (ciii) will have the power to award recovery of all costs and fees, to impose sanctions and to take such other actions as they deem necessary to the same extent a judge could pursuant to the Federal Rules rules of Civil Procedure, the Rule of Civil Procedure civil procedure in the state in which the arbitration is held or other applicable lawjurisdiction whose law governs this Agreement. Any Dispute in which the initial amount in controversy is Five Million Dollars ($5,000,000 5,000,000.00), or its equivalent, or less will shall be decided by a single arbitrator who will not render an award of greater than $5,000,000 (including damages, costs, fees and expenses). By submission to a single arbitrator, each Party expressly waives any right or claim to recover more than $5,000,000. Any Dispute in which the initial amount in controversy exceeds Five Million Dollars ($5,000,000 5,000,000.00), or its equivalent, will be decided by majority vote of a panel of three (3) arbitrators; provided provided, however, that all three arbitrators must actively participate in all hearings and deliberations.