Common use of Authority of the Arbitrators Clause in Contracts

Authority of the Arbitrators. Notwithstanding anything herein or in the Arbitration Rules to the contrary, all documents shall be produced and all depositions shall be taken in Honolulu, Hawaii, and that any deposition fees and travel expenses of all hearing witnesses and deponents named by, affiliated with or formerly affiliated with a Party or any of its affiliates, or its affiliate’s affiliate, shall be borne by that Party. The Parties warrant they shall cause such documents, witnesses and deponents to appear in Honolulu, Hawaii notwithstanding any objection as to the jurisdiction of the arbitration panel, the location of the arbitration, or lack of privity with a party or that the witness is not a party to the Agreement or to the arbitration, and the arbitrator(s) shall have no power to order to the contrary. Notwithstanding anything herein or in the Arbitration Rules to the contrary, the authority of the arbitrator(s) in rendering the award is limited to the interpretation and/or application of the terms of this Agreement and to ordering any remedy allowed by this Agreement. The arbitrator(s) shall have no power to change any term or condition of this Agreement, deprive any Party of a remedy expressly provided hereunder, or provide any right or remedy that has been excluded hereunder. Notwithstanding anything herein or in the Arbitration Rules to the contrary, any Party who contends that the award was in excess of the authority of the arbitrator(s) as set forth herein may seek judicial relief in the Circuit Court of the State of Hawaii for the circuit in which the arbitration hearing was held, provided that such judicial proceeding is initiated within 30 Days of the award and not otherwise.