Common use of Arbitrator Powers Clause in Contracts

Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator is bound by this Arbitration Agreement. All disputes regarding the payment of arbitrator or arbitration-organization fees including the timing of such payments and remedies for nonpayment, shall be determined exclusively by an arbitrator, and not by any court. The arbitration will decide the rights and liabilities, if any, of you and Viasat. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties unless both you and Viasat otherwise agree in writing. The arbitrator will have the authority to grant motions dispositive of all or part of any Claim or dispute. The arbitrator will have the authority to award, on an individual basis, monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and Viasat. If the arbitrator finds that either the substance of your Claim or the relief sought in your Claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then payment of all fees related to the arbitration shall be governed by the applicable arbitration rules. In such case, you agree to reimburse Viasat for all monies previously disbursed by it that are otherwise your obligation to pay under the applicable arbitration rules. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Claim.

Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator is bound by this Arbitration Agreement. All disputes regarding the payment of arbitrator or arbitration-organization fees including the timing of such payments and remedies for nonpayment, shall be determined exclusively by an arbitrator, and not by any court. The arbitration will decide the rights and liabilities, if any, of you and Viasat. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties unless both you and Viasat otherwise agree in writing. The arbitrator will have the authority to grant motions dispositive of all or part of any Claim or dispute. The arbitrator will have the authority to award, on an individual basis, monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision apSOLFDEOH ODZ WKH DUELWUDO IRUXP¶V UXOHV DQG WKLV $JUeHaHwPritHtenQsWta tem eLntQoFf dOecXisGionLQJ describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and Viasat. DUELWUDWRU¶V GHFLVLRQ LV ILQDO DQG ELQGLQJ RQ \RX DQG 9LDVDW If the arbitrator finds that either the substance of your Claim or the relief sought in your Claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then payment of all fees related to the arbitration shall be governed by the applicable arbitration rules. In such case, you agree to reimburse Viasat for all monies previously disbursed by it that are otherwise your obligation to pay under the applicable arbitration rules. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Claim.WKDW SDUW\¶V LQGLYLGXDO &ODLP

Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator is bound by this Arbitration Agreement. All disputes regarding the payment of arbitrator or arbitration-organization fees including the timing of such payments and remedies for nonpayment, shall be determined exclusively by an arbitrator, and not by any court. The arbitration will decide the rights and liabilities, if any, of you and Viasat. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties unless both you and Viasat otherwise agree in writing. The arbitrator will have the authority to grant motions dispositive of all or part of any Claim or dispute. The arbitrator will have the authority to award, on an individual basis, monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and Viasat. bind If the arbitrator finds that either the substance of your Claim or the relief sought in your Claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then payment of all fees related to the arbitration shall be governed by the applicable arbitration rules. In such case, you agree to reimburse Viasat for all monies previously disbursed by it that are otherwise your obligation to pay under the applicable arbitration rules. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted warraalnCltaime.d by that party’s individual Claim.individu

Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Any dispute relating to regarding the interpretation, applicability, enforceability, or formation of this Arbitration Agreement includingAgreement, but not limited to, including any claim that all or any part portion of this Arbitration Agreement is void or voidable, shall be resolved by the arbitrator and not by any court or government agency on the federal, state, or local level. The arbitrator is bound by this Arbitration Agreementhas sole authority to resolve any such disagreement. All An arbitrator, and not a court, has the only jurisdiction to settle any disputes regarding over the payment of arbitrator or arbitrationArbitration-organization fees fees, including the timing timeliness of such payments and remedies penalties for nonpayment. During the arbitration, shall be determined exclusively by an arbitrator, your and not by any court. The arbitration will decide the our Company's respective rights and liabilitiesresponsibilities, if any, of you and Viasatwill be determined. The Except as specifically agreed upon in this Agreement, the arbitration proceeding action will not be consolidated combined with any other matters or joined linked in any way with any other proceedings or parties unless both you and Viasat otherwise agree in writingparties. The arbitrator will should have the authority to grant motions that are dispositive of all or part a portion of any Claim claim or dispute. The arbitrator will have the authority to award, award monetary damages on an individual basis, monetary damages basis and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral rules of the arbitration forum’s rules, and this Agreement Agreement. In addition, the arbitrator will be able to grant injunctive relief (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing detailing the essential significant facts and findings and conclusions on upon which any award (or decision not to render deliver an award) is based, including as well as the calculation of any damages awarded. The award shall will only be binding only among between the parties parties, and shall it will not have no any effect that could be interpreted as preclusive effect in any other subsequent arbitration or other proceeding involving a different party. The arbitrator shall follow the must comply with all applicable lawlegislation. The arbitrator has holds the same authority to award relief on an individual basis that ability as a judge in a court of law would haveto provide particular remedies on a case-by-case basis. The You and Our Company are both expected to adhere to the arbitrator’s decision is 's final and binding on decision. WAIVER OF JURY TRIAL YOU AND OUR COMPANY. WAIVE ALL CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL RELATING TO THIS AGREEMENT. With the exception of the situations stated in the preceding section, you and Viasat. If the arbitrator finds that either the substance of your Claim our Company have agreed to have any claims or the relief sought in your Claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then payment of all fees related to the arbitration shall be governed by the applicable arbitration rulesdisputes resolved through arbitration. In arbitration, neither a judge nor a jury is present, and judicial review of arbitration awards is limited. WAIVER OF CLASS OR CONSOLIDATED ACTIONS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, YOU AND OUR COMPANY WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. EXCEPT AS EXPRESSLY PERMITTED IN THE PRINCIPAL SECTION OF THE DISPUTE RESOLUTION AGREEMENT, ALL CLAIMS AND DISPUTES COVERED BY THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AS OPPOSED TO A CLASS OR COLLECTIVE BASIS. A CLAIM ON BEHALF OF MORE THAN ONE CUSTOMER OR USER MAY NOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH A CLAIM ON BEHALF OF ANY OTHER CUSTOMER OR USER EXCEPT WHERE EXPRESSLY PERMITTED IN THESE TERMS. Nonetheless, if this waiver of class or consolidated actions is deemed to be invalid or unenforceable with respect to a particular claim or dispute, neither you nor our Company is eligible for arbitration of such casea claim or dispute. Instead, all of these claims and disputes will be brought before a court for resolution in accordance with these Terms. This clause does not prohibit you agree to reimburse Viasat for all monies previously disbursed by it that are otherwise your obligation to pay under the applicable arbitration rulesor our Company from participating in a class-wide claims settlement. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual ClaimNO EFFECT ON INDEPENDENT CONTRACTOR AGREEMENT. THIS AGREEMENT SHALL NOT SUPPLANT, CHANGE, OR MODIFY THE TERMS OF ANY SEPARATE AGREEMENT(S) BETWEEN YOU AND OUR COMPANY RELATING TO YOUR WORK AS AN EMPLOYEE OR INDEPENDENT CONTRACTOR, INCLUDING, BUT NOT LIMITED TO, ANY INDEPENDENT CONTRACTOR AGREEMENT GOVERNING YOUR SERVICES AS A CONTRACTOR. TO AVOID CONFUSION, IF YOU ARE A CONTRACTOR, CHOOSING TO OPT OUT OF THE ARBITRATION AGREEMENT DESCRIBED IN THESE TERMS WILL HAVE NO EFFECT ON YOUR AGREEMENT TO ARBITRATE DISPUTES COVERED BY YOUR INDEPENDENT CONTRACTOR AGREEMENT WITH OUR COMPANY.