Certain Additional Matters. (a) Any arbitration award shall be an award with a holding in favor of or against a party and shall include findings as to facts, issues or conclusions of law (including with respect to any matters relating to the validity or infringement of patents or patent applications) and shall include a statement of the reasoning on which the award rests. The arbitrators are specifically authorized to award, in addition to damages, preliminary and permanent injunctive relief and an order of specific performance, in appropriate circumstances (including for breaches of Section 6.11). The award must also be in adequate form so that a judgment of a court may be entered thereupon. Judgment upon any arbitration award hereunder may be entered in any court having jurisdiction thereof. Any award shall not be vacated or appealed except on the bases of (i) the award being procured by fraud or corruption, (ii) an arbitrator being partial or corrupt, (iii) the arbitrators wrongfully refusing to postpone a hearing or hear evidence, or (iv) the arbitrators exceeding the scope of the power granted to them in this Agreement.
Appears in 4 contracts
Samples: Master Separation Agreement, Master Separation Agreement (Babcock & Wilcox Enterprises, Inc.), Master Separation Agreement (Babcock & Wilcox Co)
