Common use of Costs of the Arbitration Clause in Contracts

Costs of the Arbitration. 19.7.1 Each Party shall bear the expense of its representatives, participants, and witnesses and of the preparation and presentation of its own case. The costs of the arbitration, consisting of the fees and expenses of the Arbitrator and the cost of accommodating the hearing, shall be borne equally by the Parties except as follows: (a) In the case of a successful grievance against the termination of a Member’s employment, or a successful grievance where the arbitrator finds that the Member’s academic freedom or rights of non-discrimination have been violated and certifies that this finding is central to the resolution of the grievance, the arbitrator shall have the power to award costs against the University. A successful grievance is one in which the arbitrator grants in full the remedy sought by the grievor or grants substantial relief and expressly finds that the grievor’s position has been vindicated; (b) If a grievance against the University or the Association is found to be frivolous or vexatious or entirely without substance, the arbitrator shall have the power to award costs against the Party that served the Notice to Proceed to Step 2; (c) If the primary issue in any grievance is the failure of a Party to perform an obligation under this Agreement to deliver data or information, and the arbitrator finds that the Party failed, without reasonable justification, to perform its obligation, the costs of the arbitration shall be borne entirely by the unsuccessful Party; (d) If the subject matter of a grievance involves a process under this Agreement and the arbitrator finds that (i) adequate notice, as required by the Agreement, was not provided, or was not provided within a reasonable time; or (ii) an undertaking was breached, and material prejudice resulted therefrom, the arbitrator shall have the power to award the fees and expenses of the Arbitrator, fully, or in part, to the successful Party; (e) No award of costs shall be made unless the Parties have been given an opportunity to address the cost issue.

Costs of the Arbitration. 19.7.1 Each Party shall bear the expense of its representatives, participants, and witnesses and of the preparation and presentation of its own case. The costs of the arbitration, consisting of the fees and expenses of the Arbitrator and the cost of accommodating the meeting room for the hearing, shall be borne equally by the Parties except as follows: (a) In the case of a successful grievance against the termination of a Member’s employment, or a successful grievance where the arbitrator finds that the Member’s academic freedom or rights of non-discrimination have been violated and certifies that this finding is central to the resolution of the grievance, the arbitrator shall have the power to award costs against the University. A successful grievance is one in which the arbitrator grants in full the remedy sought by the grievor or grants substantial relief and expressly finds that the grievor’s position has been vindicated; (b) If a grievance against the University or the Association is found to be frivolous or vexatious or entirely without substance, the arbitrator shall have the power to award costs against the Party that served the Notice to Proceed to Step 2; (c) If the primary issue in any grievance is the failure of a Party to perform an obligation under this Agreement to deliver data or information, and the arbitrator finds that the Party failed, without reasonable justification, to perform its obligation, the costs of the arbitration shall be borne entirely by the unsuccessful Party; (d) If the subject matter of a grievance involves a process under this Agreement and the arbitrator finds that (i) adequate notice, as required by the Agreement, was not provided, or was not provided within a reasonable time; or (ii) an undertaking was breached, and material prejudice resulted therefrom, the arbitrator Arbitrator shall have the power to award the fees and expenses of the Arbitrator, fully, or in part, to the successful Party; (e) No award of costs shall be made unless the Parties have been given an opportunity to address the cost issue.

Costs of the Arbitration. 19.7.1 Each Party shall bear the expense of its representatives, participants, and witnesses and of the preparation and presentation of its own case. The costs of the arbitration, consisting of the fees and expenses of the Arbitrator and the cost of accommodating the meeting room foraccommodating the hearing, shall be borne equally by the Parties except as follows: (a) In the case of a successful grievance against the termination of a Member’s employment, or a successful grievance where the arbitrator finds that the Member’s academic freedom or rights of non-discrimination have been violated and certifies that this finding is central to the resolution of the grievance, the arbitrator shall have the power to award costs against the University. A successful grievance is one in which the arbitrator grants in full the remedy sought by the grievor or grants substantial relief and expressly finds that the grievor’s position has been vindicated; (b) If a grievance against the University or the Association is found to be frivolous or vexatious or entirely without substance, the arbitrator shall have the power to award costs against the Party that served the Notice to Proceed to Step 2; (c) If the primary issue in any grievance is the failure of a Party to perform an obligation under this Agreement to deliver data or information, and the arbitrator finds that the Party failed, without reasonable justification, to perform its obligation, the costs of the arbitration shall be borne entirely by the unsuccessful Party; (d) If the subject matter of a grievance involves a process under this Agreement and the arbitrator finds that (i) adequate notice, as required by the Agreement, was not provided, or was not provided within a reasonable time; or (ii) an undertaking was breached, and material prejudice resulted therefrom, the arbitrator aArbitrator shall have the power to award the fees and expenses of the Arbitrator, fully, or in part, to the successful Party; (e) No award of costs shall be made unless the Parties have been given an opportunity to address the cost issue.

Costs of the Arbitration. 19.7.1 17.7.1 Each Party shall bear the expense expenses of its representatives, participants, and witnesses and of the preparation and presentation of its own case. The costs of the arbitration, consisting of the fees and expenses of the Arbitrator and the cost of accommodating the hearingArbitrator, shall be borne equally by the Parties except as follows:Parties. (a) In the case of a successful grievance against the termination of a Member’s employment, or a successful grievance where the arbitrator Arbitrator finds that the Membermember’s academic freedom or rights of non-discrimination have been violated and certifies that this finding is central to the resolution of the grievance, the arbitrator costs of the arbitration shall have the power to award costs against be borne entirely by the University. A successful grievance is one in which the arbitrator Arbitrator grants in the full the remedy sought by the grievor or grants substantial relief and expressly finds that the grievor’s position has been vindicated;. (b) If The costs of the arbitration for a grievance against the University or the Association is found to be frivolous or vexatious or shall be borne entirely without substance, by the arbitrator shall have the power to award costs against the Party that served the Notice to Proceed to Step 2;grieving Party. (c) If the primary issue in any grievance is the failure of a Party to perform an obligation under this Agreement to deliver data or information, and the arbitrator Arbitrator finds that the Party failed, without reasonable justification, to perform its obligation, the costs of the arbitration shall be borne entirely by the unsuccessful Party;. (d) If the subject matter of a grievance involves a process under this Agreement and the arbitrator Arbitrator finds that: (i) i. adequate notice, as required by the Agreement, was not provided, or was not provided within a reasonable time; or (ii) . an undertaking was breached, and that material prejudice resulted therefromthere from, the arbitrator Arbitrator shall have the power to award the fees and expenses of the Arbitrator, fully, fully or in part, to the successful Party; (e) . No award of costs shall can be made unless the Parties have been given an opportunity to address the cost issue. 17.7.2 The University shall provide space on campus for the conduct of an arbitration hearing. If a hearing is held off campus at the request of the Arbitrator and with the agreement of both Parties, both Parties shall share any costs related to the use of off-campus facilities equally.