Arbitrator Xxxxxx. 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 o...
Arbitrator Xxxxxx. The arbitrators, and not any federal, state, provincial, or local court or agency, shall have exclusive authority to resolve any dispute relating to the validity, interpretation, applicability, enforceability, or formation of this Agreement including, but not limited to, any claim that all or any part of this Section 19.13 is void or voidable, to the extent permitted by Applicable Law and except as delegated to the Expedited Arbitrator pursuant to Section 19.13(f) (Expedited Arbitration Dispute). The arbitrators will apply the substantive laws of the State.
Arbitrator Xxxxxx. Grievant Xxxxxx Xxxxxxxxxx; Natural Resources, 12/28/93. The Arbitrator found that the Grievant was qualified based upon his education and previous experience. The Arbitrator pointed out that the Grievant possesses a Master’s degree while the incumbent has only a Bachelor’s Degree. The Grievant also has a longer work history than the incumbent. The Arbitrator added that the requirement to have had four courses in hydrogeology was not met by the incumbent let alone the Grievant. Finally, the Arbitrator added that the Grievant cannot be expected to know all of the intricacies of the position immediately after bumping into the position. There must be some sort of informal learning period.
Arbitrator Xxxxxx. Grievant Xxx Xxxxxxxxx, et. al.; Department of Natural Resources, 4/04/96. The arbitration proceeded on behalf of employees who were refused the right to purchase service weapons upon disability retirement for psychological conditions. The arbitrator found that the contract section made no exceptions, referenced “all” employees, and did not contain a provision concerning the mental state of the retiree. Without such exceptions, the State was obligated to carry out the terms of the section. The grievance was granted.
Arbitrator Xxxxxx. Except as set forth in Section 9.6 below, labeled Preservation of Remedies, the arbitrators shall resolve all Disputes in accordance with the applicable substantive law, including the governing statutes of limitation. The arbitrators shall be empowered to resolve any Dispute regarding the terms of this Agreement or the arbitrability of any Dispute or any claim that all or any part of this Agreement (including this Section) is void or voidable but shall have no power to change or alter the terms of this Agreement. In any arbitration hereunder, discovery of documents shall be in accordance with the Nevada Rules of Civil Procedure, with an end to providing the arbitrators, in a prompt fashion, with relevant facts regarding the Dispute. In addition, at the request of a Party, the arbitrators shall order examination by deposition of witnesses. All objections are reserved for the arbitration hearing except for objections based on privilege and proprietary or confidential information. All disagreements with respect to discovery shall be promptly resolved by the arbitrators. In resolving discovery disagreements, the arbitrators shall give great weight to whether requested discovery would, under the circumstances, be available under applicable law.
Arbitrator Xxxxxx. 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. 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 Food Fling LLC. Except as expressly agreed to in Section 12(g) of this Agreement, the arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. 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 Food Fling LLC.
Arbitrator Xxxxxx. The parties did not bargain for the incorporation of the ADA of 1990 and corresponding provisions of ORC Chapter 4112 such that reasonable accommodation claims are cognizable under the CBA.
Arbitrator Xxxxxx. You and Xxxx Xxxxxx agree that any argument that any part of the waiver of class, consolidated and representative claims set forth in subsections (a)(1) and
(i) of this Arbitration Agreement is unenforceable, unconscionable, void, or voidable may be decided only by a court of competent jurisdiction and not by an arbitrator. Otherwise, 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 other part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Cali Bamboo. The arbitration proceeding cannot be consolidated with any other matters or joined with any other proceedings or parties. 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 monetary damages and to grant any non-monetary remedy or relief available to a party under applicable law, the arbitral forum’s rules, and these Terms and Conditions (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 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 Cali Bamboo except that the arbitrator shall not have the power to commit errors of law or legal reasoning, and the parties agree that any injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for any such error. Each party will bear its own costs and fees on any such appeal.
