Common use of Powers of Arbitrator Clause in Contracts

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. 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 is 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. 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 is 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.for