Duties and Powers of the Arbitrator Sample Clauses

Duties and Powers of the Arbitrator. 58. Except when a statement of facts mutually agreeable to the parties is submitted to the arbitrator, it shall be the duty of the arbitrator to hear and consider facts submitted by the parties.
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Duties and Powers of the Arbitrator. 7.1 The Arbitrator shall receive complaints and other permitted pleadings, oversee discovery, administer oaths and subpoena witnesses pursuant to the United States Arbitration Act, hold hearings, issue decisions, and maintain a record of proceedings. The Arbitrator shall have the power to award any remedy or relief that a court with jurisdiction over this Agreement could order or grant, including, without limitation, the awarding of damages, pre-judgment interest, specific performance of any obligation created under the Agreement, issuance of an injunction, or imposition of sanctions for abuse or frustration of the arbitration process, except that the Arbitrator may not award punitive damages or any remedy rendered unavailable to the Parties pursuant to Section 10.3 of the General Terms and Conditions of this Agreement.
Duties and Powers of the Arbitrator a) The arbitrator shall not have jurisdiction to amend, modify, or act inconsistently with the Agreement.
Duties and Powers of the Arbitrator. The Arbitrator shall receive complaints and other permitted pleadings, oversee discovery, administer oaths and subpoena witnesses pursuant to the United States Arbitration Act, hold hearings, issue decisions, and maintain a record of proceedings. The Arbitrator will have no authority to award punitive damages, exemplary damages, Consequential Damages, multiple damages, or any other damages not measured by the prevailing Party’s actual damages, and may not, in any event, make any ruling, finding or award that does not conform to the terms and conditions of this Agreement.
Duties and Powers of the Arbitrator. Except when a statement of facts mutually agreeable to the parties is submitted to the arbitrator, it shall be the duty of the arbitrator to hear and consider facts submitted by the parties. The hearing shall result in an appropriate record with a written report that has findings of fact and conclusions that reference the evidence. The parties shall have the right to call witnesses and present evidence. The Court shall be required to release trial court employees to testify at the hearing. The Arbitrator shall have the authority to issue subpoenas for the attendance of witnesses and subpoenas duces tecum for the production of books, records, documents, and other evidence as provided in Section 1282.6 of the Code of Civil Procedure. The arbitrator shall have no authority to add to, subtract from, or modify the terms of this Agreement.
Duties and Powers of the Arbitrator. (a) The Arbitrator shall receive complaints and other permitted pleadings, oversee discovery, administer oaths and subpoena witnesses pursuant to the United States Arbitration Act, hold hearings, issue decisions, and maintain a record of proceedings. The Arbitrator shall have the power to award any remedy or relief that a court with jurisdiction over this Agreement could order or grant, including, without limitation, the awarding of damages, pre-judgment interest, specific performance of any obligation created under the Agreement, issuance of an injunction, or imposition of sanctions for abuse or frustration of the arbitration process except as limited by Section 25 of this Agreement.
Duties and Powers of the Arbitrator. 7.1 The Arbitrator shall receive complaints, and other permitted pleadings, oversee any discovery which is permitted, administer oaths and subpoena witnesses pursuant to the United States Arbitration Act, hold hearings, issue decisions, and maintain a record of proceedings. The Arbitrator shall have the power to award any remedy or relief that a court with jurisdiction over this Agreement could order or grant, including, without limitation, the awarding of damages, pre-judgement interest, or imposition of sanctions for abuse or frustration of the arbitration process, except that the Arbitrator may not award injunctive relief, punitive damages or any remedy rendered unavailable to the Parties pursuant to Section 10.3 of this Agreement.
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Duties and Powers of the Arbitrator. (a) The arbitrator shall not havejurisdiction to amend, modify, or act inconsistentlywith the Agreement. Where an arbitrator determines that a Member has been discharged or otherwise disciplined by the Board for just cause and the Agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration, the arbitrator may substitute such other penalty for the discharge or discipline as to the arbitrator seems just and reasonable in all the circumstances. Without limiting the generality of Clause the arbitrator shall have the power to award compensation to individual Members even where a dispute originated as a Policy Grievance. The arbitrator shall have the duty and power to adjudicate all matters in dispute including questions of the of an issue. costs In all cases, the costs of a single arbitrator or, in the case of an arbitration board, the cost of the chair shall be shared equally between the Parties. The cost of presenting the case to arbitration and the cost of each Party's academic nominee shall be borne by the respective Parties.
Duties and Powers of the Arbitrator. 5 8. DISCOVERY........................................................... 6 9. PRIVILEGES.......................................................... 6 10.

Related to Duties and Powers of the Arbitrator

  • Duties of the Adviser The Adviser shall continue to have responsibility for all services to be provided to the Fund pursuant to the Advisory Agreement and shall oversee and review the Subadviser’s performance of its duties under this Agreement. Nothing contained in this Agreement shall obligate the Adviser to provide any funding or other support for the purpose of directly or indirectly promoting investments in the Fund.

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