Scope of Award. The Arbitration Panel shall be without authority to award punitive damages, and any such punitive damage award shall be void. The Arbitration Panel shall be without any authority to issue an award against any individual Party in excess of 20% of the original Job Order amount, but in no event shall any award exceed $100,000, exclusive of interest, arbitration fees, costs and attorneys’ fees. If an award is made against any individual Party in excess of $50,000, exclusive of interest, arbitration fees, costs and attorneys’ fees, it must be supported by written findings of fact, conclusions of law and a statement as to how damages were calculated. Any claim in excess of 20% of the original Contract amount or in excess of $100,000 shall be subject to the jurisdiction of the Superior Court of Arizona, Maricopa County. Any Party may contest the validity of the amount claimed if an action is filed in the Superior Court.
Scope of Award. With the exception of damages other than actual damages (i.e., punitive, consequential, or other special damages, which are expressly precluded), the arbitrator shall have the authority to award any remedy or relief that a court of the State of Arizona could order or grant, including, without limitation, specific performance of any obligation created under this Agreement, the issuance of an injunction, or the imposition of sanctions for abuse or frustration of the arbitration process; provided, however, the arbitrator shall rule in favor of one party as to each disputed matter, with no comprises or alternative solutions permitted, i.e., shall select the position offered by one of the parties with respect to each issue presented for resolution, without variation, and shall give notice to the parties hereto of such determination within five business (5) days following the hearing.
Scope of Award. The parties agree that any decision rendered by the arbitrator is conclusive only as to the matters being adjudicated in said arbitration, pertaining to the parties present. The decision of the arbitrator is not res judicata nor will it have collateral estoppel effect as to the same or similar issues in companion claims or actions arising out of the incident, which is the subject of said arbitration.
Scope of Award. Any monies awarded shall be stated and paid in US Dollars, without any tax or other deductions being withheld from the award. The award may include money damages, interest thereon (compounded quarterly from the date of the breach for which such damages were awarded). All costs and expenses of the arbitrators and the arbitral institution shall be borne by the parties equally, each party shall bear the costs and expenses, including attorneys’ fees, of its own counsel, experts, witnesses for the preparation and presentation of its case. The panel shall set the rate of interest to be the maximum rate permitted by Applicable Law. Parties hereby waive any damages in excess of compensatory damages, including punitive, exemplary or consequential damages.
Scope of Award the Arbitrator will have the authority to award any remedy or relief that a court or judge of the Court of Queen's Bench of Alberta could order or grant in accordance with the Agreement, including specific performance of any obligation created under the Agreement, the issuance of an interim, interlocutory or permanent injunction, or the imposition of sanctions for abuse or frustration of the arbitration process;
Scope of Award. 1. Where a tribunal established under this Section makes an award adverse to a Party, that tribunal may award:
Scope of Award. The Arbitrator may grant any remedy or relief which the Arbitrator deems just and equitable and within the scope of the agreement of the parties and the Act, including, but not limited to, specific performance. The Arbitrator, in the award, shall assess arbitration fees, costs, expenses, Arbitrator compensation, and may assess reasonable attorneys’ fees, against any or all parties. Any allocation of costs by the Arbitrator shall be consistent with the prior agreement of the parties, if any. If any administrative fees or expenses are due the AAA, the Arbitrator, in the award, shall assess them in favor of the AAA.
Scope of Award. The decision of the Arbitrator shall be limited to the grievance and shall be restricted solely to the interpretation of the Agreement and such past practices as are existent in the Department unless said practices have been modified pursuant to Article VI of this Agreement. The Arbitrator shall not modify, add to or delete from the express terms of this Agreement or past practices unless said practices have been amended pursuant to the terms of Article VI of this Agreement. The determination of the Arbitrator shall be final and binding upon the parties.
Scope of Award. The Arbitration Panel shall be without authority to award punitive damages, and any such punitive damage award shall be void. The Arbitration Panel shall also be without authority to issue an award against any individual party in excess of $500,000, exclusive of interest, arbitration fees, costs, and attorney's fees. If an award is made against any individual party in excess of $50,000, exclusive of interest, arbitration fees, costs. and attorneys' fees, it must be supported by written findings of fact, conclusions of law and statement as to how damages were calculated.
Scope of Award. The decision and award of the arbitral tribunal shall be made by majority decision and shall be final, non-appealable and binding on both Parties and their successors and assigns. The decision and award of the arbitral tribunal shall include a decision regarding the allocation of costs and legal fees relating to any such arbitration. In making their decision regarding costs, the arbitrators shall give due regard to any delay on the part of either Party. The arbitral tribunal shall not be empowered to award Damages in excess of actual Damages arising directly from the alleged misconduct, and each Party irrevocably waives any right to recover any amount in excess of such Damages. For clarity and without limitation, the arbitrators shall not award indirect Damages, consequential Damages, lost profits, or punitive or exemplary Damages of any kind.
