Final and Binding means, with respect to any calculation or determination, that such calculation or determination shall have the same preclusive effect for all purposes as if such calculation or determination had been embodied in a final judgment, no longer subject to appeal, entered by a court of competent jurisdiction.
Final and Binding means that the aforesaid determinations shall have the same preclusive effect for all purposes as if such determinations had been embodied in a final judgment, no longer subject to appeal, entered by a court of competent jurisdiction. The arbitration panel shall render its award in writing, setting forth the facts underlying, and the reasons for determining, such award. Judgment upon the award maybe entered in any court having jurisdiction, pursuant to the Federal Arbitration Act. The non-prevailing party shall reimburse the prevailing party for (i) the fees and expenses of the arbitrators, (ii) the fees and expenses of the umpire, and (iii) the other reasonable expenses of the arbitration, unless (with respect to the foregoing clauses (i) to (iii)) the arbitration panel determines that the non-prevailing party had reasonable good faith grounds for asserting its position in such arbitration proceeding, in which case the fees shall be allocated as determined by the arbitrators. In the event that either party to this Agreement refuses to submit to arbitration as required by this Section 8.12, the other party may request the court specified in Section 8.11 to compel arbitration in accordance with the Federal Arbitration Act.
Final and Binding shall have the meaning set forth in Section 16.01(c).
Examples of Final and Binding in a sentence
The expenses of Final and Binding Resolution shall be borne by the two parties, equally; however, each party shall be responsible for compensating its own representatives and witnesses.
The Closing Statement shall become Final and Binding on the Final Resolution Date.
GRIEVANCE PROCEDURE 76 Definition 76 Grievance Description 76 Procedure 76 Time Limits 77 Steps of the Grievance Procedure 77 Step I Immediate Supervisor 77 Step II Department Head/Designee 77 Step III Director, Employee Relations/Designee 78 Step IV Final and Binding Arbitration (except termination grievances) 78 Step IV Final and Binding Arbitration (termination grievances only) 80 Expedited Arbitration 80 Rights of Individuals 80 Xxxxxx Rights 81 B.
Usage of JAMS Streamlined or Comprehensive Arbitration Rules and Procedures; Arbitrator to Decide All Issues; Arbitrator’s Decisions Are Final and Binding.
Step IV Final and Binding Arbitration (except termination grievances) 579.
More Definitions of Final and Binding
Final and Binding as used in this section shall mean that the grievant and the District shall comply with the decision of the Board unless a court of competent jurisdiction directs otherwise.
Final and Binding means that the aforesaid determinations and the determinations, if any, made by the Stock Transaction Consultant pursuant to Section 1.05(f) shall have the same preclusive effect for all purposes as if such determinations had been embodied in a final judgment, no longer subject to appeal, entered by a court of competent jurisdiction, and either party may petition a court having jurisdiction over the parties and subject matter to reduce such decision to judgment. The fees, costs and expenses of retaining the Reinsurance Transaction Consultant shall be allocated by the Reinsurance Transaction Consultant between Lincoln Life, LAL and Lincoln Barbados, on the one hand, and Purchaser, on the other hand, in accordance with the Reinsurance Transaction Consultant’s judgment as to the relative merits of the parties’ proposals in respect of the disputed items. Following the resolution of all disputed items (or, if there is no dispute, promptly after the parties reach agreement on the Final Closing Statements), Purchaser shall prepare the Final Closing Statements and shall deliver copies thereof to Lincoln Life, LAL and Lincoln Barbados.
Final and Binding shall have the meaning set forth in Section 2.03(d) hereof.
Final and Binding has the meaning set forth in Section 1.04(k).
Final and Binding shall have the meaning set forth in Section 2.3(g).
Final and Binding means a decision or determination which (i) is not subject to any judicial review or appeal whatsoever, other than by writ of certiorari or its equivalent, to determine if the decision or determination was arbitrary or capricious or in violation of Law; and (ii) shall be presumed correct in any action or proceeding.
Final and Binding is a type of decision which means “you’re stuck with it.” Arbitration decisions should be “final and binding”, but some contracts also allow a decision by an owner, GC or architect to have