Common use of Appellate Record Clause in Contracts

Appellate Record. The parties intend that FERC or a court of competent jurisdiction should afford substantial deference to the factual findings of the arbitrator. No party shall seek to expand the record before FERC or a court of competent jurisdiction beyond that assembled by the arbitrator, except (i) by making reference to legal authority which did not exist at the time of the arbitrator's decision, or (ii) if such party contends the decision was based upon or affected by fraud, collusion, corruption, misconduct or misrepresentation.

Appellate Record. The parties intend that FERC or a the court of competent jurisdiction should afford substantial deference to the factual findings of the arbitratorarbitrator(s). No party shall seek to expand the record before the FERC or a court of competent jurisdiction beyond that assembled by the arbitratorarbitrator(s), except (ia) by making reference to legal authority which did not exist at the time of the arbitrator's decisiondecision of the arbitrator(s), or (iib) if such party contends the decision was based upon or affected by fraud, collusion, corruption, misconduct or misrepresentation.. Schedule 7.3 - Page 11