Powers of Arbitrator. The Arbitrator may determine all questions of law and jurisdiction (including questions as to whether a dispute is arbitrable) and all matters of procedure relating to the arbitration. The Arbitrator shall have the right to grant legal and equitable relief (including injunctive relief) and to award costs (including reasonable legal fees and costs of arbitration) and interest. Nothing contained herein shall be construed to permit the Arbitrator to award punitive, exemplary or any similar damages.
Powers of Arbitrator. The arbitrator shall not have the authority to grant any remedy which contravenes or changes any term of this Plan and shall not have the authority to award punitive or exemplary or damages under any circumstances. The parties shall equally share the expense of the arbitrator selected and of any stenographer present at the arbitration. The remaining costs of the arbitrator proceedings shall be allocated by the arbitrator, except that the arbitrator shall not have the power to award attorney's fees.
Powers of Arbitrator. A. The role of the arbitrator is advisory only. The arbitrator shall have no power:
Powers of Arbitrator. 5.4.3.1 The decision of the Board of Arbitration shall be binding upon the parties, but in no event shall the Board of Arbitration have the power to alter, modify or amend this Agreement in any respect. The Board shall have the power to determine whether the grievance is arbitrable.
Powers of Arbitrator a. The arbitrator shall be empowered, except as limited herein, after due investigation, to make a decision in cases of alleged violation, misinterpretation, or misapplication of a specific Article and Section of the Agreement:
Powers of Arbitrator. The authority of the Arbitrator will be limited to making a finding, judgment, decision and award relating to the interpretation of or adherence to the written provisions of this Agreement. The Federal Rules of Evidence (the "Rules") will apply to all Arbitration hearings and the introduction of all evidence, testimony, records, affidavits, documents and memoranda in any arbitration hearing must comply in all respects with the Rules and legal precedents interpreting the Rules. Both parties will have the absolute right to cross-examine any person who testified against them or in favor of the other party. The Arbitrator will not have the authority or right to add to, delete, amend or modify in any manner the terms, conditions and provisions of this Agreement. All findings, judgments, decisions and awards of the Arbitrator will be limited to the dispute set forth in the written demand for Arbitration, and the Arbitrator will not have the authority to decide any other issues. The Arbitrator will not have the right or authority to award punitive damages to CITY LOOKS or the FRANCHISEE or their officers, directors, shareholders or partners and Personal Guarantors, and CITY LOOKS and FRANCHISEE and their officers, directors, shareholders or partners, and Personal Guarantors expressly waive their rights to plead or seek punitive damages. All findings, judgments, decisions and awards by the Arbitrator will be in writing, will be made within sixty (60) days after the Arbitration hearings have been completed, and will be final and binding on CITY LOOKS and the FRANCHISEE except as provided for in Article 23.8. The written decision of the Arbitrator will be deemed to be an order, judgment and decree and may be entered as such in any Court of competent jurisdiction by either party.
Powers of Arbitrator. The Arbitrator shall not have the authority to amend, add to, or subtract from the provisions of this Agreement. He or she shall make an opinion and/or an award as he or she decides appropriate. The arbitrator's decision shall be binding on all parties. However, a party may petition the arbitrator to reconsider his or her decision or appeal the arbitrator’s decision pursuant to and in accordance with the MUAA. The arbitrator may, in his discretion and upon the motion of the grievant or his or her representative, award reasonable attorney fees and costs. In exercising his or her discretion in awarding reasonable attorney fees and costs to the grievant or his or her representative, the arbitrator shall apply the standards for the award of attorney fees set forth in Xxxxx x. United States Postal Service, 2 M.S.P.B. 582; 2 M.S.P.R. 420 (1980) (i.e. the grievant is the prevailing party and the award of attorney fees is warranted in the interest of justice). In the event a party elects to challenge the arbitrator’s decision in court, each party shall be responsible for its own attorney’s fees and costs. However, if one of the parties has no alternative but to enforce the arbitrator’s decision through the courts, the non-moving party shall be responsible for the attorney’s fees and expenses of the party seeking enforcement of the arbitration award.
Powers of 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 final and binding decision in cases of alleged violation of specific articles and sections of the Agreement or board policy.
Powers of Arbitrator. The Arbitrator shall not have power to alter, change or add to this Agreement or to substitute any new provisions for any existing provisions nor to give any decision inconsistent with the terms and provisions of this Agreement, however the Arbitrator shall have the authority to uphold, modify or set aside any discharge, suspension or other disciplinary measure.
Powers of Arbitrator. The Arbitrator may determine all questions of law and jurisdiction (including questions as to whether a dispute is arbitrable) and all matters of procedure relating to the arbitration. The Arbitrator shall have the right to grant legal and equitable relief (including injunctive relief) and to award costs (including legal fees and the costs of the arbitration) and interest.
