Common use of Dispositive Motions Clause in Contracts

Dispositive Motions. The arbitrator shall have the jurisdiction and power to entertain a motion to dismiss and/or motion for summary judgment by any party and shall apply the standards governing such motions under the Federal Rules of Civil Procedure.

Appears in 3 contracts

Samples: Severance Protection Agreement, Severance Protection Agreement (Science Applications International Corp), Severance Protection Agreement (SAIC, Inc.)

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Dispositive Motions. The arbitrator shall will have the jurisdiction authority to consider and power to entertain a motion to dismiss and/or motion for summary judgment by grant motions dispositive of all or part of any party and shall apply claim, using the standards governing such motions under the Federal Rules of Civil Procedure. This includes motions for summary judgment, which, if granted, allow a party, prior to the arbitration, to either (1) have all or part of the other party’s claim dismissed, or (2) obtain an affirmative finding on a claim brought by the party.

Appears in 1 contract

Samples: Mutual Alternative Dispute Resolution Agreement

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Dispositive Motions. The arbitrator shall will have the jurisdiction authority to consider and power to entertain a motion to dismiss and/or motion for summary judgment by grant motions dispositive of all or part of any party and shall apply claim, using the standards governing such motions under the Federal Rules of Civil ProcedureProcedure in effect at the time the arbitration is initiated. This includes motions for summary judgment, which, if granted, allow a party, prior to the arbitration, to either (1) have all or part of the other party’s claim(s) or defense(s) dismissed, or (2) obtain an affirmative finding on a claim brought by that party or a defense asserted by that party.

Appears in 1 contract

Samples: Dispute Resolution Agreement

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