Arbitrator's Discretion. The arbitrator shall have the discretion to grant the relief sought by a party, or determine such other remedy as is appropriate, unless the parties agree to conduct the arbitration "baseball" style. Unless otherwise expressly limited herein, the arbitrator shall have the authority to award any remedy or relief available from FERC, or any court of competent jurisdiction. Where this Agreement leaves any matter to be agreed between the parties at some future time and provides that in default of agreement the matter shall be referred to the ADR, the arbitrator shall have authority to decide upon the terms of the agreement which, in the arbitrator’s opinion, it is reasonable that the parties should reach, having regard to the other terms this Agreement concerned and the arbitrator’s opinion as to what is fair and reasonable in all the circumstances.
Arbitrator's Discretion. The arbitrator may, in his/her discretion, confer with any party or person and otherwise conduct his/her own investigation outside the hearing process for the purpose of obtaining written or oral information. The hearing may be reopened on the arbitrator's initiative or upon application of a party, at any time before the award is made. The arbitration shall have thirty (30) days from the closing of the hearing within which to render the award. The arbitrator shall have no authority to add to, subtract from, nor modify the policies describing the employment relationship. The relief awardable by the arbitrator shall, except where he/she finds a statutory violation, be limited to reinstatement, if the claimant is an employee who had been terminated and the earnings that said claimant would otherwise have earned (back-pay), less any unemployment compensation or other compensation for services that the claimant may have received from any source during the period. In cases where the Company had terminated the relationship, if the claimant had failed thereafter to make diligent efforts to apply or look for a position which would provide compensation for his services, no back-pay shall be awarded for that period of time. Where the arbitrator finds a statutory violation, the remedy shall be limited to those provided for in the pertinent statute.
Arbitrator's Discretion. The foregoing time periods and procedural steps may be modified or extended by the Arbitrators in their discretion to the extent they deem necessary to prevent fundamental unfairness; provided that at all times the Arbitrators shall be mindful of the Stockholders' desire for the most expeditious possible resolution of the Stockholders' disputes; and provided, further, that a final decision of the Arbitrators shall be rendered within 120 days of the Arbitration Notice.
Arbitrator's Discretion. Unless all of the parties agree to conduct the arbitration "baseball" style, the arbitrators shall have the discretion to grant the relief sought by a party, or determine such other remedy as is appropriate. Unless otherwise expressly limited herein, the arbitrators shall have the authority to award any remedy or relief available from FERC, or any court of competent jurisdiction. Where any PX Document allows the parties to reach an agreement on a matter at some future time and provides that defaults or disputes shall be referred to the PX ADR Procedures, the arbitrator(s) shall make a decision on the matter considering what is fair and reasonable in light of the circumstances.
Arbitrator's Discretion. The Arbitrator shall in his absolute discretion, make such procedural directions as he considers necessary such as ordering the parties to provide written submissions within such time period as he considers appropriate and/or to attend such hearings as he deems necessary.
Arbitrator's Discretion. Unless Owner and Manager shall otherwise agree, the arbitrator(s) discretion in resolving any matter submitted to them for review pursuant to this Article XXI shall be to choose between one or the other of the parties’ respective positions on each of the matters to be so resolved.
