Arbitrator and Binding Findings of Fact. The arbitrator shall decide the Dispute in accordance with the law, and the arbitrator’s award shall be subject to review as to the arbitrator’s application of the law by any court having jurisdiction thereof, whether or not any mistake of law shall appear upon the face of the award. The arbitrator shall award the prevailing party (as defined in Code of Civil Procedure §1032(a)(4)) their reasonable attorney’s fees and costs, to include the cost of the arbitration. As to all questions of facts, only, the determination of the arbitrator shall be final and binding upon all Parties to the Dispute. Any Party to the Dispute shall be entitled to written findings of fact and conclusions of law as to all issues determined by the award. Subject to the above limitations, any Party to the Dispute may file the arbitrator’s award in any court having jurisdiction thereof.
Appears in 5 contracts
Samples: Asset and Capacity Transfer Agreement, Capacity Rights Transfer Agreement, Assignment and Assumption Agreement
Arbitrator and Binding Findings of Fact. The arbitrator shall decide the Dispute in accordance with the law, and the arbitrator’s award shall be subject to review as to the arbitrator’s application of the law by any court having jurisdiction thereof, whether or not any mistake of law shall appear upon the face of the award. The arbitrator shall award the prevailing party (as defined in Code of Civil Procedure §1032(a)(4)) their reasonable attorney’s fees and costs, to include the cost of the arbitration. As to all questions of factsfact, only, the determination of the arbitrator shall be final and binding upon all Parties to the Dispute. Any Party to the Dispute shall be entitled to written findings of fact and conclusions of law as to all issues determined by the award. Subject to the above limitationslimitation, any Party to the Dispute may file the arbitrator’s award in any court having jurisdiction thereof.
Appears in 1 contract
Samples: Withdrawal Agreement