Common use of Arbitrator Qualifications and Powers; Awards Clause in Contracts

Arbitrator Qualifications and Powers; Awards. Arbitrators must be active members of the New York State Bar or retired judges of the state or federal judiciary of New York, with expertise in the substantive laws applicable to the subject matter of the Dispute. Arbitrators are empowered to resolve Disputes by summary rulings in response to motions filed prior to the final arbitration hearing. Arbitrators (i) shall resolve all Disputes in accordance with the substantive law of the state of New York, (ii) may grant any remedy or relief that a court of the state of New York could order or grant within the scope hereof and such ancillary relief as is necessary to make effective any award, and (iii) shall have the power to award recovery of all costs and fees, to impose sanctions and to take such other actions as they deem necessary to the same extent a judge could pursuant to the Federal Rules of Civil Procedure, the New York Rules of Civil Procedure or other applicable law. Any Dispute in which the amount in controversy is $2,000,000 or less shall be decided by a single arbitrator who shall not render an award of greater than $2,000,000 (including damages, costs, fees and expenses). By submission to a single arbitrator, each party expressly waives any right or claim to recover more than $5,000,000. Any Dispute in which the amount in controversy exceeds $2,000,000 shall be decided by majority vote of a panel of three arbitrators; provided however, that all three arbitrators must actively participate in all hearings and deliberations.

Appears in 1 contract

Samples: Dealertrack Lender Agreement (DealerTrack Holdings, Inc.)

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Arbitrator Qualifications and Powers; Awards. Arbitrators must be active members of the New York State Bar of New Mexico or retired judges of the state or federal judiciary of New York, Mexico with expertise in the substantive laws law applicable to the subject matter of the Dispute. Arbitrators are empowered to resolve Disputes by summary rulings in response to motions filed prior to the final arbitration hearing. Arbitrators (i) shall resolve all Disputes in accordance with the substantive law of the state State of New YorkMexico, (ii) may grant any remedy or relief that a court of the state State of New York Mexico could order or grant within the scope hereof and such ancillary relief as is necessary to make effective any award, and (iii) shall have the power to award recovery of all costs and fees, to impose sanctions and to take such other actions as they deem necessary to the same extent a judge could pursuant to the Federal Rules of Civil Procedure, the New York Mexico Rules of Civil Procedure or other applicable law. Any Dispute in which the amount in controversy is $2,000,000 5,000,000 or less shall be decided by a single arbitrator who shall not render an award of greater than $2,000,000 5,000,000 (including damages, costs, fees and expenses). By submission to a single arbitrator, each party expressly waives any right or claim to recover more than $5,000,000. Any Dispute in which the amount in controversy exceeds $2,000,000 5,000,000 shall be decided by majority vote of a panel of three arbitrators; provided however, that all three arbitrators must actively participate in all hearings and deliberations.

Appears in 1 contract

Samples: Master Loan Agreement (Amrep Corp)

Arbitrator Qualifications and Powers; Awards. Arbitrators must be active members of the New York Idaho State Bar or retired judges of the state or federal judiciary of New YorkIdaho, with expertise in the substantive laws law applicable to the subject matter of the Dispute. Arbitrators are empowered to resolve Disputes by summary rulings in response to motions filed prior to the final arbitration hearing. Arbitrators Arbitrators: (i) shall resolve all Disputes in accordance with the substantive law of the state of New York, Idaho; (ii) may grant any remedy or relief that a court of the state of New York Idaho could order or grant within the scope hereof and such ancillary relief as is necessary to make effective any award, ; and (iii) shall have the power to award recovery of all costs and fees, to impose sanctions and to take such other actions as they deem necessary to the same extent a judge could pursuant to the Federal Rules of Civil Procedure, the New York Idaho Rules of Civil Procedure or other applicable law. Any Dispute in which the amount in controversy is $2,000,000 5,000,000 or less shall be decided by a single arbitrator who shall not render an award of greater than $2,000,000 5,000,000 (including damages, costs, fees and expenses). By submission to a single arbitrator, each party expressly waives any right or claim to recover more than $5,000,000. Any Dispute in which the amount in controversy exceeds $2,000,000 5,000,000 shall be decided by majority vote of a panel of three arbitrators; provided however, that all three arbitrators must actively participate in all hearings and deliberations.

Appears in 1 contract

Samples: Elmers Restaurants Inc

Arbitrator Qualifications and Powers; Awards. Arbitrators must be active members of the New York Bar in the Headquarters State Bar or retired judges of the state or federal judiciary of New York, with expertise in the substantive laws applicable to the subject matter of the Dispute. Arbitrators are empowered to resolve Disputes by summary rulings in response to motions filed prior to the final arbitration hearing. Arbitrators (i) shall resolve all Disputes in accordance with the substantive law of the state of New YorkGoverning Law, (ii) may grant any remedy or relief that a federal or state court of the state of New York Headquarters State could order or grant within the scope hereof and such ancillary relief as is necessary to make effective any award, and (iii) shall have the power to award recovery of all costs and fees, to impose sanctions and to take such other actions as they deem necessary to the same extent a judge could pursuant to the Federal Rules of Civil Procedure, the New York Rules of Civil Procedure of the Headquarters State or other applicable law. Any Dispute in which the amount in controversy is $2,000,000 5,000,000 or less shall be decided by a single arbitrator who shall not render an award of greater than $2,000,000 5,000,000 (including damages, costs, fees and expenses). By submission to a single arbitrator, each party expressly waives any right or claim to recover more than $5,000,000. Any Dispute in which the amount in controversy exceeds $2,000,000 5,000,000 shall be decided by majority vote of a panel of three arbitrators; provided provided, however, that all three arbitrators must actively participate in all hearings and deliberations.

Appears in 1 contract

Samples: Application and Agreement (Paypal Inc)

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Arbitrator Qualifications and Powers; Awards. Arbitrators must be -------------------------------------------- active members of the New York Washington State Bar or retired judges of the state or federal judiciary of New YorkWashington, with expertise in the substantive laws applicable to the subject matter of the Dispute. Arbitrators are empowered to resolve Disputes by summary rulings in response to motions filed prior to the final arbitration hearing. Arbitrators (i) shall resolve all Disputes in accordance with the substantive law of the state of New YorkWashington, (ii) may grant any remedy or relief that a court of the state of New York Washington could order or grant within the scope hereof and such ancillary relief as is necessary to make effective any award, and (iii) shall have the power to award recovery of all costs and fees, to impose sanctions and to take such other actions as they deem necessary to the same extent a judge could pursuant to the Federal Rules of Civil Procedure, the New York Washington Rules of Civil Procedure or other applicable law. Any Dispute in which the amount in controversy is $2,000,000 5,000,000 or less shall be decided by a single arbitrator who shall not render an award of greater than $2,000,000 5,000,000 (including damages, costs, fees and expenses). By submission to a single arbitrator, each party expressly waives any right or claim to recover more than $5,000,000. Any Dispute in which the amount in controversy exceeds $2,000,000 5,000,000 shall be decided by majority vote of a panel of three arbitrators; provided however, that all three arbitrators must actively participate in all hearings and deliberations.

Appears in 1 contract

Samples: Credit Agreement (Seattle Filmworks Inc)

Arbitrator Qualifications and Powers; Awards. Arbitrators must be active members of the New York Washington State Bar or retired judges of the state or federal judiciary of New YorkWashington, with expertise in the substantive laws law applicable to the subject matter of the Dispute. Arbitrators are empowered to resolve Disputes by summary rulings in response to motions filed prior to the final arbitration hearing. Arbitrators (i) shall resolve all Disputes in accordance with the substantive law of the state of New YorkWashington, (ii) may grant any remedy or relief that a court of the state of New York Washington could order or grant within the scope hereof and such ancillary relief as is necessary to make effective any award, and (iii) shall have the power to award recovery of all costs and fees, to impose sanctions and to take such other actions as they deem necessary to the same extent a judge could pursuant to the Federal Rules of Civil Procedure, the New York Washington Rules of Civil Procedure or other applicable law. Any Dispute in which the amount in controversy is $2,000,000 5,000,000 or less shall be decided by a single arbitrator who shall not render an award of greater than $2,000,000 5,000,000 (including damages, costs, fees and expenses). By submission to a single arbitrator, each party expressly waives any right or claim to recover more than $5,000,000. Any Dispute in which the amount in controversy exceeds $2,000,000 5,000,000 shall be decided by majority vote of a panel of three arbitrators; provided however, that all three arbitrators must actively participate in all hearings and deliberations.

Appears in 1 contract

Samples: Active Voice Corp

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