Common use of Arbitrator Qualifications and Powers; Awards Clause in Contracts

Arbitrator Qualifications and Powers; Awards. Arbitrators must be active members of the Idaho State Bar or retired judges of the state or federal judiciary of Idaho, with expertise in the substantive law applicable to the subject matter of the Dispute. Arbitrators are empowered to resolve Disputes by summary rulings in response to motions filed prior to the final arbitration hearing. Arbitrators: (i) shall resolve all Disputes in accordance with the substantive law of the state of Idaho; (ii) may grant any remedy or relief that a court of the state of Idaho could order or grant within the scope hereof and such ancillary relief as is necessary to make effective any award; and (iii) shall have the power to award recovery of all costs and fees, to impose sanctions and to take such other actions as they deem necessary to the same extent a judge could pursuant to the Federal Rules of Civil Procedure, the Idaho Rules of Civil Procedure or other applicable law. Any Dispute in which the amount in controversy is $5,000,000 or less shall be decided by a single arbitrator who shall not render an award of greater than $5,000,000 (including damages, costs, fees and expenses). By submission to a single arbitrator, each party expressly waives any right or claim to recover more than $5,000,000. Any Dispute in which the amount in controversy exceeds $5,000,000 shall be decided by majority vote of a panel of three arbitrators; provided however, that all three arbitrators must actively participate in all hearings and deliberations.

Appears in 1 contract

Samples: Elmers Restaurants Inc

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Arbitrator Qualifications and Powers; Awards. Arbitrators must be active members of the Idaho Washington State Bar or retired judges of the state or federal judiciary of IdahoWashington, with expertise in the substantive law applicable to the subject matter of the Dispute. Arbitrators are empowered to resolve Disputes by summary rulings in response to motions filed prior to the final arbitration hearing. Arbitrators: Arbitrators (i) shall resolve all Disputes in accordance with the substantive law of the state of Idaho; Washington, (ii) may grant any remedy or relief that a court of the state of Idaho Washington could order or grant within the scope hereof and such ancillary relief as is necessary to make effective any award; , and (iii) shall have the power to award recovery of all costs and fees, to impose sanctions and to take such other actions as they deem necessary to the same extent a judge could pursuant to the Federal Rules of Civil Procedure, the Idaho Washington Rules of Civil Procedure or other applicable law. Any Dispute in which the amount in controversy is $5,000,000 or less shall be decided by a single arbitrator who shall not render an award of greater than $5,000,000 (including damages, costs, fees and expenses). By submission to a single arbitrator, each party expressly waives any right or claim to recover more than $5,000,000. Any Dispute in which the amount in controversy exceeds $5,000,000 shall be decided by majority vote of a panel of three arbitrators; provided however, that all three arbitrators must actively participate in all hearings and deliberations.

Appears in 1 contract

Samples: Active Voice Corp

Arbitrator Qualifications and Powers; Awards. Arbitrators must be active members of the Idaho New York State Bar or retired judges of the state or federal judiciary of IdahoNew York, with expertise in the substantive law laws applicable to the subject matter of the Dispute. Arbitrators are empowered to resolve Disputes by summary rulings in response to motions filed prior to the final arbitration hearing. Arbitrators: Arbitrators (i) shall resolve all Disputes in accordance with the substantive law of the state of Idaho; New York, (ii) may grant any remedy or relief that a court of the state of Idaho New York could order or grant within the scope hereof and such ancillary relief as is necessary to make effective any award; , and (iii) shall have the power to award recovery of all costs and fees, to impose sanctions and to take such other actions as they deem necessary to the same extent a judge could pursuant to the Federal Rules of Civil Procedure, the Idaho New York Rules of Civil Procedure or other applicable law. Any Dispute in which the amount in controversy is $5,000,000 2,000,000 or less shall be decided by a single arbitrator who shall not render an award of greater than $5,000,000 2,000,000 (including damages, costs, fees and expenses). By submission to a single arbitrator, each party expressly waives any right or claim to recover more than $5,000,000. Any Dispute in which the amount in controversy exceeds $5,000,000 2,000,000 shall be decided by majority vote of a panel of three arbitrators; provided however, that all three arbitrators must actively participate in all hearings and deliberations.

Appears in 1 contract

Samples: Dealertrack Lender Agreement (DealerTrack Holdings, Inc.)

Arbitrator Qualifications and Powers; Awards. Arbitrators must be active members of the Idaho Bar in the Headquarters State Bar or retired judges of the state or federal judiciary of Idaho, with expertise in the substantive law laws applicable to the subject matter of the Dispute. Arbitrators are empowered to resolve Disputes by summary rulings in response to motions filed prior to the final arbitration hearing. Arbitrators: Arbitrators (i) shall resolve all Disputes in accordance with the substantive law of the state of Idaho; Governing Law, (ii) may grant any remedy or relief that a federal or state court of the state of Idaho Headquarters State could order or grant within the scope hereof and such ancillary relief as is necessary to make effective any award; , and (iii) shall have the power to award recovery of all costs and fees, to impose sanctions and to take such other actions as they deem necessary to the same extent a judge could pursuant to the Federal Rules of Civil Procedure, the Idaho Rules of Civil Procedure of the Headquarters State or other applicable law. Any Dispute in which the amount in controversy is $5,000,000 or less shall be decided by a single arbitrator who shall not render an award of greater than $5,000,000 (including damages, costs, fees and expenses). By submission to a single arbitrator, each party expressly waives any right or claim to recover more than $5,000,000. Any Dispute in which the amount in controversy exceeds $5,000,000 shall be decided by majority vote of a panel of three arbitrators; provided provided, however, that all three arbitrators must actively participate in all hearings and deliberations.

Appears in 1 contract

Samples: Application and Agreement (Paypal Inc)

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Arbitrator Qualifications and Powers; Awards. Arbitrators must be active members of the Idaho State Bar of New Mexico or retired judges of the state or federal judiciary of Idaho, New Mexico with expertise in the substantive law applicable to the subject matter of the Dispute. Arbitrators are empowered to resolve Disputes by summary rulings in response to motions filed prior to the final arbitration hearing. Arbitrators: Arbitrators (i) shall resolve all Disputes in accordance with the substantive law of the state State of Idaho; New Mexico, (ii) may grant any remedy or relief that a court of the state State of Idaho New Mexico could order or grant within the scope hereof and such ancillary relief as is necessary to make effective any award; , and (iii) shall have the power to award recovery of all costs and fees, to impose sanctions and to take such other actions as they deem necessary to the same extent a judge could pursuant to the Federal Rules of Civil Procedure, the Idaho New Mexico Rules of Civil Procedure or other applicable law. Any Dispute in which the amount in controversy is $5,000,000 or less shall be decided by a single arbitrator who shall not render an award of greater than $5,000,000 (including damages, costs, fees and expenses). By submission to a single arbitrator, each party expressly waives any right or claim to recover more than $5,000,000. Any Dispute in which the amount in controversy exceeds $5,000,000 shall be decided by majority vote of a panel of three arbitrators; provided however, that all three arbitrators must actively participate in all hearings and deliberations.

Appears in 1 contract

Samples: Master Loan Agreement (Amrep Corp)

Arbitrator Qualifications and Powers; Awards. Arbitrators must be -------------------------------------------- active members of the Idaho Washington State Bar or retired judges of the state or federal judiciary of IdahoWashington, with expertise in the substantive law laws applicable to the subject matter of the Dispute. Arbitrators are empowered to resolve Disputes by summary rulings in response to motions filed prior to the final arbitration hearing. Arbitrators: Arbitrators (i) shall resolve all Disputes in accordance with the substantive law of the state of Idaho; Washington, (ii) may grant any remedy or relief that a court of the state of Idaho Washington could order or grant within the scope hereof and such ancillary relief as is necessary to make effective any award; , and (iii) shall have the power to award recovery of all costs and fees, to impose sanctions and to take such other actions as they deem necessary to the same extent a judge could pursuant to the Federal Rules of Civil Procedure, the Idaho Washington Rules of Civil Procedure or other applicable law. Any Dispute in which the amount in controversy is $5,000,000 or less shall be decided by a single arbitrator who shall not render an award of greater than $5,000,000 (including damages, costs, fees and expenses). By submission to a single arbitrator, each party expressly waives any right or claim to recover more than $5,000,000. Any Dispute in which the amount in controversy exceeds $5,000,000 shall be decided by majority vote of a panel of three arbitrators; provided however, that all three arbitrators must actively participate in all hearings and deliberations.

Appears in 1 contract

Samples: Credit Agreement (Seattle Filmworks Inc)

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