Common use of Confidentiality, Costs and Limitations on Available Relief Clause in Contracts

Confidentiality, Costs and Limitations on Available Relief. The Parties shall maintain the confidential nature of the arbitration proceeding(s) described herein and the Final Award(s), including the hearing(s), except as may be necessary to prepare for or conduct the arbitration hearing(s) on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to a Final Award or its enforcement, or unless otherwise required by Applicable Law. In any arbitration called for by this Agreement, the arbitrator(s) shall award to the prevailing Party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing Party in connection with the arbitration. If the arbitrator(s) determine a Party to be the prevailing Party under circumstances where the prevailing Party won on some but not all of the claims and counterclaims, the arbitrator(s) may award to the prevailing Party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing Party in connection with the arbitration. The arbitrator(s) shall issue a reasoned award. No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitation. The relief that may be awarded by the arbitrator is subject to Section 10.1(a) (

Confidentiality, Costs and Limitations on Available Relief. The Parties shall maintain the confidential nature of the arbitration proceeding(s) described herein and the Final Award(s), including the hearing(s), except as may be necessary to prepare for or conduct the arbitration hearing(s) on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to a Final Award or its enforcement, or unless otherwise required by Applicable Law. In any arbitration called for by this Agreement, the arbitrator(s) shall award to the prevailing Party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing Party in connection with the arbitration. If the arbitrator(s) determine a Party to be the prevailing Party under circumstances where the prevailing Party won on some but not all of the claims and counterclaims, the arbitrator(s) may award to the prevailing Party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing Party in connection with the arbitration. The arbitrator(s) shall issue a reasoned award. No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitation. The relief that may be awarded by the arbitrator is subject to Section 10.1(a) (13.8. For the avoidance of doubt, the arbitrator shall not have the right to award any indirect, special, exemplary or consequential damages or Losses, except as expressly provided in Section 13.8.

Confidentiality, Costs and Limitations on Available Relief. The Parties shall maintain the confidential nature of the arbitration proceeding(s) described herein and the Final Award(s), including the hearing(s), except as may be necessary to prepare for or conduct the arbitration hearing(s) on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to a Final Award or its enforcement, or unless otherwise required by Applicable Law. In any arbitration called for by this Agreement, the arbitrator(s) shall award to the prevailing Party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing Party in connection with the arbitration. If the arbitrator(s) determine a Party to be the prevailing Party under circumstances where the prevailing Party won on some but not all of the claims and counterclaims, the arbitrator(s) may award to the prevailing Party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing Party in connection with the arbitration. The arbitrator(s) shall issue a reasoned award. No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitation. The relief that may be awarded by the arbitrator is subject to Section 10.1(a) (Indirect, Special, Exemplary or Consequential Damages). For the avoidance of doubt, the arbitrator shall not have the right to award any indirect, special, exemplary or consequential damages or Losses.