The Arbitration Award Sample Clauses

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The Arbitration Award. The arbitrator shall have authority to award monetary damages and any and all other individualized remedies that would be available in court, and the arbitrator’s decision of whether or not to award such damages and remedies shall be based on the statute or common law upon which the arbitrated claim(s) is/are based. The arbitrator shall have authority to award to the prevailing party reasonable costs and attorneys’ fees incurred in either bringing or defending an action under this Agreement, to the extent such costs or fees would be recoverable under the law or statute giving rise to the claim(s)
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The Arbitration Award a. The arbitrator shall issue his/her award after the conclusion of the arbitration unless otherwise agreed to by the Parties or otherwise specified by law. The award shall state the reasons for the award. b. The arbitration award shall be in writing and signed by the arbitrator. The decision will be in writing and signed by the arbitrator. Unless otherwise agreed to by the Parties, the decision will include a summary of claims arbitrated and decided, a reasoned opinion setting forth any findings of fact or conclusions of law, and damages and other relief (if any) granted. c. The arbitrator may impose any deemed necessary sanctions against either party, or the parties' lawyers for failure to comply with any of the terms and conditions of this Arbitration Agreement. d. The decision is final and binding on both parties and shall be executed in the manner required by law. Any appeal of the decision to a court shall be limited except in exceptional circumstances where the arbitrator is found to be fraudulent.
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The Arbitration Award. The arbitration panel is hereby authorized only to decide and issue a damage award in accordance with the limitation of damages provisions of this Agreement and any damage award not in accordance with such provisions shall be unenforceable against any party. The arbitration panel shall have no authority to award punitive or consequential damages or any other damages not measured by a party's actual damages. Subject to the preceding sentence, the arbitration panel shall have the authority to award any interim or final remedy or relief, including: (i) the award of monetary damages; (ii) declaratory relief regarding the parties' rights and obligations under this Agreement; (iii) the issuance of an injunction; (iv) the imposition of sanctions for abuse or frustration of the arbitration process; and (v) notwithstanding, and in addition to, the damages and remedies described above: (A) if the prevailing party makes a request during the arbitration proceeding, the arbitral award in favor of such party may include an award for pre-award interest and reasonable attorneys' fees and expenses; (B) at the request of any party, the prevailing party shall be entitled to post-award interest that may be assessed from the date the award is rendered to the date the award is satisfied; and (C) costs may be fixed as allowed by and in accordance with the AAA Rules; provided that costs may also include the costs of enforcing the award. The parties to the Dispute agree that no party shall have the right to demand or enforce a remedy for such Dispute under the AAA Rules that conflicts with that stipulated in this Agreement. The arbitrators shall agree (prior to appointment) to use their best efforts to make the award within six (6) months of the filing of the Notice of Arbitration. The arbitrators are not required to make specific written finding of fact and conclusions of law in connection with the issuance of any damage award.
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The Arbitration Award. The arbitrator(s) shall provide limited findings of fact, basic conclusions of law and a break down of damages to the Parties in support of any award or decision the arbitrator(s) make(s). The prevailing Party, as determined by the arbitrator(s), shall be entitled to all fees and costs associated with the arbitration. Costs and fees mean all reasonable pre-award expenses of the arbitration, including any arbitrator fees, administrative fees, out-of-pocket expenses such as copying, court costs, witness fees, and attorneys’ fees. The Parties agree to abide by all awards rendered in such proceedings and such awards shall be final and binding on all Parties. All awards payable to COORS as a prevailing Party shall be paid in full within thirty (30) calendar days of the date of the award order.
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The Arbitration Award. Any award rendered by the arbitrator shall be final and binding and shall not be subject to vacation or modification, except as expressly permitted by the Federal Arbitration Act. Judgment on the Arbitration Award may be entered in the jurisdiction in which the arbitration was commenced or in any court having jurisdiction over the Party against whom judgment is to be entered. If a party fails to comply with the arbitration award, the other party may petition in any court of competent jurisdiction for enforcement in the jurisdiction in which the arbitration was commenced or that has jurisdiction over the party against whom enforcement is sought.
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The Arbitration Award. Following the hearing and the submission of the matter to the arbitrator, the arbitrator shall issue a signed and dated written decision and award. The arbitrator shall use his/her best efforts to issue the written award no later than thirty (30) days from the date the arbitration hearing concludes or the post-hearing briefs (if requested) are received, whichever is later. The arbitrator’s award shall decide all issues submitted by the parties, and the arbitrator may not decide any issue not submitted. The arbitrator shall prepare in writing and provide to the parties a decision and award which includes factual findings and the reasons upon which the decision is based. The arbitrator shall be permitted to award only those remedies in law or equity as are requested by the parties and allowed by law. Any party shall have the right, within twenty (20) days of issuance of the arbitrator’s decision, to file a motion for reconsideration (accompanied by a supporting brief) with the arbitrator, and the arbitrator shall have jurisdiction to consider and rule upon such motion. Any other party shall have twenty (20) days from the date the motion for reconsideration is submitted to file a written response. The arbitrator thereupon shall reconsider the issues raised by the motion and, promptly, either confirm or change the decision, which (except as provided by law) shall then be final and conclusive upon the parties, except to the extent rights for appeal are provided under the FAA or applicable state law. The cost of the arbitrator and other incidental costs of arbitration that would not be incurred in a court proceeding shall be borne by the Company. The parties shall each bear their own costs and attorneys’ fees in any arbitration proceeding; provided, however, that the arbitrator shall have the authority to require any party to pay the costs and attorneys’ fees of another party, as is permitted under federal or state law, as a part of any remedy that may be ordered.
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Related to The Arbitration Award

  • Arbitration Award All arbitration awards shall be final and binding as provided by Section 42 of the Trade Union Act. An arbitrator may not alter, modify or amend any part of this Agreement, but shall have the power to modify or set aside any unjust penalty of discharge, suspension or discipline imposed by the Employer on an Employee.

  • Step 4 - Arbitration If a grievance is not satisfactorily resolved at Step 3, the Union may submit the grievance to Arbitration. If a written notice of intent to file under the Arbitration Procedure is not received by the Manager of Labor Relations (or designee) within fourteen

  • The Arbitration Act The parties hereby incorporate herein the provisions and procedures set forth in the Utah Uniform Arbitration Act, U.C.A. § 78B-11-101 et seq. (as amended or superseded from time to time, the “Arbitration Act”). Notwithstanding the foregoing, pursuant to, and to the maximum extent permitted by, Section 105 of the Arbitration Act, in the event of conflict or variation between the terms of these Arbitration Provisions and the provisions of the Arbitration Act, the terms of these Arbitration Provisions shall control and the parties hereby waive or otherwise agree to vary the effect of all requirements of the Arbitration Act that may conflict with or vary from these Arbitration Provisions.

  • ▇▇▇▇▇▇ of the 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 decision in cases of alleged violation of the specific articles and sections of this Agreement. 1. The arbitrator shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. 2. The arbitrator shall have no power to rule on any of the following: a. Actions taken by the Employer with respect to probationary employees including, but not limited to, discipline and discharge. b. Any claim or complaint for which there is another remedial procedure or forum established by law or by regulation having the force of law. c. Any matter involving the content of an employee evaluation. 3. He/she shall have no power to change any practice, policy, or rule of the Employer nor to substitute his/her judgment for that of the Employer as to the reasonableness of any such practice, policy, rule, or any action taken by the Employer. His/her power shall be limited to deciding whether the Employer has violated the express articles or sections of this Agreement; and he/she shall not imply obligations and conditions binding upon the Employer from this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the Employer. 4. He/she shall have no power to decide any question which, under this Agreement, is within the responsibility of management to decide. In rendering a decision, an arbitrator shall give due regard to the responsibility of management and shall so construe the Agreement that there will be no interference with such responsibilities, except as they may be specifically conditioned by this Agreement. 5. If either party disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall first determine the arbitrability of said dispute. By stipulation of the parties, the Arbitrator shall have the authority to concurrently hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the Arbitrator determine that he/she is without jurisdiction to rule, the matter shall be dismissed without decision on the merits. Submission of jurisdictional issues to the Arbitrator shall not be regarded as a waiver by either party of its right to institute civil litigation contesting either the authority of the Arbitrator or any award allegedly rendered in excess of such authority. 6. There shall be no appeal from the arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its members, the employee or employees involved and the Employer. Any litigation to vacate or enforce the Arbitrator’s decision must be initiated within six (6) months of the issuance of the Opinion and Award. 7. The fees and expenses of the arbitrator shall be shared equally by the Association and the Employer.

  • CLASS-ARBITRATION WAIVER ARBITRATION IS HANDLED ON AN INDIVIDUAL BASIS. IF A DISPUTE IS ARBITRATED, YOU AND WE EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US OR WE AGAINST YOU, OR AS A PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU AND WE ALSO WAIVE ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.