Common use of Arbitration Costs and Expenses Clause in Contracts

Arbitration Costs and Expenses. The responsibility for paying the costs and expenses of the arbitration, including compensation to the Tribunal and any experts retained by the Tribunal, shall be borne by the Disputing Party or Disputing Parties who is or are the least successful in such process, which shall be determined by the Tribunal by comparing the position asserted by each Disputing Party on all disputed matters taken together to the final decision of the Tribunal on all disputed matters taken together, provided however, that each Disputing Party shall be responsible for the fees and expenses of its respective counsel, consultants and witnesses, unless the Tribunal determines that compelling reasons exist for allocating all or a portion of such costs and expenses to the other Disputing Parties.

Appears in 2 contracts

Samples: Contribution Agreement (NRG Energy, Inc.), Multi Unit Agreement (NRG Energy, Inc.)

AutoNDA by SimpleDocs

Arbitration Costs and Expenses. The responsibility for paying the costs and expenses of the arbitration, including compensation to the Tribunal and any experts retained by the Tribunal, shall be borne by the Disputing Party Member or Disputing Parties Members who is or are the least successful in such process, which shall be determined by the Tribunal by comparing the position asserted by each Disputing Party Member on all disputed matters taken together to the final decision of the Tribunal on all disputed matters taken together, provided provided, however, that each Disputing Party Member shall be responsible for the fees and expenses of its respective counsel, consultants and witnesses, unless the Tribunal determines that compelling reasons exist for allocating all or a portion of such costs and expenses to the other Disputing PartiesMembers.

Appears in 1 contract

Samples: Investment and Option Agreement (NRG Energy, Inc.)

AutoNDA by SimpleDocs

Arbitration Costs and Expenses. The responsibility for paying the costs and expenses of the arbitration, including compensation to the Tribunal and any experts retained by the Tribunal, shall be borne by the Disputing Party Member or Disputing Parties Members who is or are the least successful in such process, which shall be determined by the Tribunal by comparing the position asserted by each Disputing Party Member on all disputed matters taken together to the final decision of the Tribunal on all disputed matters taken together, provided however, that each Disputing Party Member shall be responsible for the fees and expenses of its respective counsel, consultants and witnesses, unless the Tribunal determines that compelling reasons exist for allocating all or a portion of such costs and expenses to the other Disputing PartiesMembers.

Appears in 1 contract

Samples: Operating Agreement (NRG Energy, Inc.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!