Award and Enforcement. The decision or award of the arbitrator shall be given in writing within thirty days after the conclusion of the hearing. The arbitrator is authorized to award money damages, injunctive and declaratory relief and/or specific performance, if such relief in his or her opinion is appropriate. In any arbitration, each Party shall bear its own costs, expenses, and attorneys' fees. The arbitrator does not have authority to award costs, expenses, or attorneys' fees to the prevailing Party. The award or decision of the arbitrator shall be subject to review or enforcement in accordance with the New Mexico Uniform Arbitration Act, XXXX 0000 §§ 44-7-1 et seq. Any Party shall be entitled to recover reasonable attorneys' fees and costs incurred in enforcing any arbitration award or decision made pursuant to the arbitration provisions of this Agreement.
Award and Enforcement. (a) Unless the Parties agree otherwise, the arbitrator will decide each Arbitrable Dispute within thirty days after the date the hearing closes, based on applicable law, the testimony, documents and other materials the Parties submit before and during the arbitration hearing. The decision of the arbitrator and reasons for the award shall be within the bounds set by the contentions of the Parties. The decision of the arbitrator shall be a reasoned award in writing.
(b) The arbitrator may award such damages and other relief as he determines to be appropriate, provided, that any applicable waivers of exemplary, punitive, special or consequential damages that are contained in an applicable agreement of the Parties shall be respected by the arbitrator.
(c) Judgment may be entered on the award, and the award may be judicially enforced. The award is final and binding, and no appeal from the award may be taken on the grounds of error in the application of the law or the findings of fact. The decision of the arbitrator shall be final and binding on the Parties and nonappealable, except as provided above.
(d) The arbitrator shall have the power to grant temporary or permanent injunctive or other equitable relief in order to prevent irreparable harm. Before an arbitrator is appointed, a Party may, notwithstanding any other provision of this Agreement, seek temporary injunctive relief from any court of competent jurisdiction; provided, however, the Party seeking such relief shall (if arbitration has not already been commenced) simultaneously initiate dispute resolution procedures in accordance with this Exhibit. Such court ordered relief shall not continue more than thirty days after arbitrator is appointed.
Award and Enforcement. The decision or award of the arbitrators shall be given in writing within thirty days after the conclusion of the hearing. The arbitrators are authorized to award money damages, injunctive and declaratory relief and/or specific performance, if such relief in their opinion is appropriate. In any arbitration, each party shall bear its own costs, expenses, and attorneys' fees. The arbitrators do not have authority to award costs, expenses, or attorneys' fees to the prevailing party. The award or decision of the arbitrators shall be subject to review or enforcement in accordance with the New Mexico Uniform Arbitration Act, NMSA 1978 ss.ss. 44-7-1 et seq. Xxx xxxxx xxxxx be entitled to recover reasonable attorneys' fees and costs incurred in enforcing any arbitration award or decision made pursuant to the arbitration provisions of this Agreement.
Award and Enforcement. The decision or award of the arbitration panel shall be made by a majority of the panel, and given in writing to the Parties within thirty (30) calendar days after the conclusion of the arbitral hearing or proceeding, the submittal of any post-hearing briefs or other filings that may be requested by the arbitration panel.
Award and Enforcement. 1. Unless the parties agree otherwise, the arbitrator will decide each claim and disputed issue within 30 days after the date the hearing closes based on applicable law and testimony, documents, and other materials the parties submit before and during the arbitration hearing. The decision must be within the bounds set by contingents of the parties. The decision must be in writing, including findings of fact and conclusions of law. The arbitrator must sign the opinion and must indicate whether he or she supports the decision on each claim and disputed issue.
2. The decision of the arbitrator is final and binding on the parties and non-appealable.
3. The arbitrator may award compensatory damages only. The arbitrator may not award, and the parties specifically waived rights to multiple damage awards that may be allowed by statute, punitive or exemplary damages, specific performance, recission, or any other legal or equitable remedy.
4. Judgment may be entered on the award and the award may be judicially enforced. The award is final and binding and no appeal from the award may be taken on the grounds of error in application of law or findings of fact. After the arbitrator issues his or her decision, an aggrieved party may request an appropriate court to vacate the decision of the arbitrator only under the circumstances set out in Section 10, U. S. Arbitration Act.
Award and Enforcement. The decision or award of the arbitration panel (“Arbitration Award”) shall be made by a majority of the panel, and given in writing to the Parties within thirty (30) days after the conclusion of the arbitral hearing or proceeding, the submittal of any post-hearing briefs or other filings that may be requested by the arbitration panel. The arbitration panel is authorized to award monetary damages and equitable relief, specific performance and injunctive (preliminary and permanent) and declaratory relief, and/or specific performance to a Party, if such relief, in their opinion, is appropriate. In any arbitration, each Party shall bear its own costs, expenses, and attorneys’ fees, unless the arbitration panel orders otherwise. This agreement to arbitrate is specifically enforceable, and the Arbitration Award will be final and binding upon the Parties to the extent provided by the Laws of the State of New Mexico. Any Arbitration Award may be filed with a court of competent jurisdiction in New Mexico and upon motion of a Party the court shall enter a judgment in conformity therewith as provided by the New Mexico Uniform Arbitration Act. Said judgment is enforceable in other States and Territories of the United States under the Full Faith and Credit provisions of the United States Constitution and other Laws.
Award and Enforcement. 48 ARTICLE XI. INSOLVENCY.........................................................................48 11.1. Insolvency Clause....................................................................48
Award and Enforcement. The award of the Arbitration Tribunal shall be in writing, final, and binding upon the parties who covenant to carry out the same. If either of the parties should fail to carry out any award, the other may apply for its enforcement to a court of competent jurisdiction in any territory in which the party in default is domiciled or has assets or carries on business and such defaulting party shall submit to the jurisdiction of any court of competent jurisdiction in such territory and all matters arising hereunder shall be determined in accordance with the practice of such court.
Award and Enforcement. 39 11.6 Performance Pending Arbitration Decision........................39 11.7 Definition of "Party" for this Section..........................39
Award and Enforcement. (a) An arbitral award issued pursuant to this Agreement shall be final and binding on the Parties upon being rendered. The Parties undertake to comply with any such award without delay. Awards shall be entered and executed in accordance with the law of any court having jurisdiction.
(b) Where monetary damages are rendered in an award, they shall be payable and payment shall be made in US Dollars and any interest due shall be calculated at the Agreed Interest Rate from the date of the event, breach, or other violation giving rise to the dispute to the date when the award is paid in full.
