Arbitrator Award and Cost. Any dispute as to arbitrability may be submitted and determined by the arbitrator. The Arbitrator’s determination shall be final and binding. All decisions of the Arbitrator shall be limited to the terms and provisions of this Agreement and in no event may the terms and provisions of this Agreement be altered, amended, or modified by the Arbitrator. Unless otherwise provided in this Article, all costs, fees, and expenses of the Arbitration, including the cost of the Arbitrator, court reporter, hearing transcript (if requested by either Party or the arbitrator), and any hearing room, shall be borne by the Party whose position is not sustained by the Arbitrator. If, in the opinion of the Arbitrator, neither Party’s position is clearly sustained by the Arbitrator, the Arbitrator shall assess the foregoing costs to each Party on an equal basis. In all arbitrations, each Party shall pay its own attorney’s fees and the cost of the presentation of its respective case, including the cost of any expert witnesses.
Arbitrator Award and Cost. Any dispute as to arbitrability may be submitted and determined by the arbitrator. The Arbitrator’s determination shall be final and binding. All Arbitrator decisions shall be limited to this Agreement’s terms and provisions. The Arbitrator shall have no authority to alter, amend, or modify the current Agreement. Unless otherwise provided in this Article, all costs, fees, and expenses of the Arbitration, including the cost of the Arbitrator, court reporter, hearing transcript (if requested by either party or the arbitrator), and any hearing room, shall be borne by the party whose position is not sustained by the Arbitrator. If the Arbitrator sustains neither party’s position in the Arbitrator's sole opinion, the Arbitrator shall assess the preceding costs to each party on an equal basis. In addition, in all arbitrations, each party shall pay its own attorney’s fees and the cost of presenting its case, including any expert witnesses.
