Common use of Arbitrator's Discretion Clause in Contracts

Arbitrator's Discretion. The arbitrator shall have the discretion to grant the relief sought by a party, or determine such other remedy as is appropriate, unless the parties agree to conduct the arbitration "baseball" style. Unless otherwise expressly limited herein, the arbitrator shall have the authority to award any remedy or relief available from FERC, or any court of competent jurisdiction. Where this Agreement leaves any matter to be agreed between the parties at some future time and provides that in default of agreement the matter shall be referred to the ADR, the arbitrator shall have authority to decide upon the terms of the agreement which, in the arbitrator’s opinion, it is reasonable that the parties should reach, having regard to the other terms this Agreement concerned and the arbitrator’s opinion as to what is fair and reasonable in all the circumstances.