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;