Governing Substantive Law. The Arbitral Panel shall apply the substantive law (and the law of remedies, if applicable) of the State of Delaware, or federal law or both, as applicable to the claim(s) asserted. The Arbitral Panel shall recognize all applicable privileges recognized by the law of the State of Delaware, or federal law or both, as applicable to the claim(s) asserted. The Parties expressly prohibit the Arbitral Panel from reaching decisions as amicable compounder/amiables compositeur, specifically, an Arbitral Panel is not authorized to xxxxx the application of law in favor of natural equity. The Arbitral Panel shall have the authority to entertain a motion to dismiss, a motion for summary judgment and/or a motion for judgment as a matter of law and shall apply the standards governing such motions under the Federal Rules of Civil Procedure.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Rio Vista Energy Partners Lp), Limited Liability Company Agreement (Rio Vista Energy Partners Lp)
Governing Substantive Law. The Arbitral Panel shall apply the substantive -------------------------- law (and the law of remedies, if applicable) of the State of Delaware, or federal law or both, as applicable to the claim(s) asserted. The Arbitral Panel shall recognize all applicable privileges recognized by the law of the State of Delaware, or federal law or both, as applicable to the claim(s) asserted. The Parties expressly prohibit the Arbitral Panel from reaching decisions as amicable compounder/amiables compositeur, specifically, an Arbitral Panel is not authorized to xxxxx the application of law in favor of natural equity. The Arbitral Panel shall have the authority to entertain a motion to dismiss, a motion for summary judgment and/or a motion for judgment as a matter of law and shall apply the standards governing such motions under the Federal Rules of Civil Procedure.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Penn Octane Corp)
Governing Substantive Law. The Arbitral Panel shall apply the substantive law (and the law of remedies, if applicable) of the State of Delaware, or federal law or both, as applicable to the claim(s) asserted. The Arbitral Panel shall recognize all applicable privileges recognized by the law of the State of Delaware, or federal law or both, as applicable to the claim(s) asserted. The Parties expressly prohibit the Arbitral Panel from reaching decisions as amicable compounder/amiables compositeur, specifically, an Arbitral Panel is not authorized to xxxxx abate the application of law in favor of natural equity. The Arbitral Xxxxxral Panel shall have the authority to entertain a motion to dismiss, a motion for summary judgment and/or a motion for judgment as a matter of law and shall apply the standards governing such motions under the Federal Rules of Civil Procedure.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Rio Vista Energy Partners Lp)