Opinion and Award. The Arbitrator shall issue a written opinion and award, in conformance with the following requirements:
1. The opinion and award must be signed and dated by the Arbitrator.
2. The Arbitrator's opinion and award shall decide all issues submitted.
3. The Arbitrator's opinion and award shall set forth the legal principles supporting each part of the opinion.
4. The Arbitrator shall have the same authority to award remedies, damages and costs as provided to a judge and/or jury under parallel circumstances.
Opinion and Award. The arbitrator shall issue a written opinion and award within sixty (60) days of closing arguments or the receipt of post-hearing briefs, whichever is later. The arbitration award and opinion shall be signed and dated by the arbitrator and shall decide all issues submitted and set forth the legal principles supporting each aspect of the opinion and award. The arbitrator shall only be permitted to award those remedies in law or equity which are requested by the parties and which are supported by the credible, relevant evidence. The arbitrator shall have no authority to award punitive or exemplary damages under any circumstances or for any reason.
Opinion and Award. The Arbitrator shall issue a written opinion and award, in conformance with the following requirements:
Opinion and Award. The arbitrator shall have no power to add to, subtract 27 from, alter or modify any of the terms of this agreement. The arbitrator shall 28 submit his/her opinion and award within thirty (30) days after the conclusion of 29 the hearing (or the receipt of the court reporter's transcript, whichever is later).
Opinion and Award. The Arbitrator shall issue a written opinion and award, in conformance with the following requirements:
1. The opinion and award must be signed and dated by the Arbitrator.
2. The Arbitrator's opinion and award shall decide all issues submitted.
3. The Arbitrator's opinion and award shall set forth the findings of fact and conclusions of law supporting each part of the opinion.
4. The Arbitrator shall have the same authority to award remedies, damages and costs as provided to a judge and/or jury under parallel circumstances. o Enforcement Of Arbitrator's Award Following the issuance of the Arbitrator's decision, any party may petition a court to confirm, enforce, correct or vacate the Arbitrator's opinion and award under the Federal Arbitration Act, and/or applicable State law. o Fees And Costs Unless otherwise required by law, fees and costs shall be allocated in the following manner:
1. Each party shall be responsible for its own attorneys' fees, except as otherwise provided by law for the particular claim(s) at issue.
2. VaxGen shall pay the entire cost of the arbitrator's services, the facility in which the arbitration is to be held, and any similar costs that Xxxxxx would not have otherwise incurred if the dispute were adjudicated in a court of law rather than through arbitration.
3. VaxGen shall pay the entire cost of a court reporter to transcribe the arbitration proceedings. Each party shall advance the cost for said party's transcript of the proceedings. Each party shall advance its own costs for witness fees, service and subpoena charges, copying, or other incidental costs that each party would bear during the course of a civil lawsuit.
4. Each party shall be responsible for its costs associated with discovery, except as required by law or court order. o Severability Each term, clause and provision of this ADR Agreement is separate and independent, and should any term, clause or provision of this ADR Agreement be found to be invalid or unenforceable, the validity of the remaining terms, clauses, and provisions shall not be affected. As to those terms, clauses and provisions found to be invalid or unenforceable, they shall be replaced with valid and enforceable terms, clauses or provisions or shall be modified, in order to achieve, to the fullest extent possible, the economic, business and other purposes of the invalid or unenforceable terms, clauses or provisions. DATED: ----------------------------- --------------------------------- Xxxxx X. Xxx...
Opinion and Award. (1) The Arbitrator shall issue a written opinion within 90 days after receiving post-hearing briefs or reply briefs.
(2) The written opinion, which shall be signed and dated, shall set forth the factual and legal basis for the decision. The Arbitrator shall be authorized only to award those remedies requested by the parties and that are permitted under applicable law and that are supported by credible and relevant evidence.
(3) The parties shall have 20 days following the issuance of the opinion and award to submit a motion for reconsideration setting forth any errors of fact or law. Any opposition to the motion for reconsideration must be submitted within 14 days after receipt of the motion. The Arbitrator shall rule on the motion in writing within 30 days after receipt of the motion or opposition, whichever is later. The written opinion shall set forth the factual and legal basis for the decision.
Opinion and Award. The Arbitrator shall issue a written opinion and award, in conformance with the following requirements:
1. The opinion and award must be signed and dated by the Arbitrator.
2. The Arbitrator's opinion and award shall decide all issues submitted.
3. The Arbitrator's opinion and award shall set forth the legal principles supporting each part of the opinion.
4. The Arbitrator shall have the same authority to award remedies, damages and costs as provided to a judge and/or jury under parallel circumstances.
(i) Enforcement Of Arbitrator's Award Following the issuance of the Arbitrator's decision, any party may petition a court to confirm, enforce, correct or vacate the Arbitrator's opinion and award under the Federal Arbitration Act, and/or applicable California law.
(j) Fees And Costs Unless otherwise required by law, fees and costs shall be allocated in the following manner:
1. Each party shall be responsible for its own attorneys' fees, except as otherwise provided by law.
2. The Association shall pay the entire cost of the arbitrator's services, the facility in which the arbitration is to be held, and any similar costs, except that Executive shall contribute toward these costs an amount equal to the then-current filing fee in California Superior Court charged for filing a complaint or for first appearing, whichever is lower.
3. The Association shall pay the entire cost of a court reporter to transcribe the arbitration proceedings. Each party shall advance the cost for said party's transcript of the proceedings. Each party shall advance its own costs for witness fees, service and subpoena charges, copying, or other incidental costs that each party would bear during the course of a civil lawsuit.
4. Each party shall be responsible for its costs associated with discovery, except as required by law or court order.
Opinion and Award. In accordance with the New York Plan for the Settlement of Jurisdictional Disputes, an Arbitration Panel was appointed to hear and decide a jurisdiction dispute between the above-named Unions, involving the operation of Hoist for Personnel and Materials (also known as a Joint Venture Car) at the construction locations of 000 Xxxx 00xx Xxxxxx xxx0000 Xxxxxxxx (contractors respectively Tishman Construction and Bovis Lend Lease). The members of the Panel of Arbitrators were Xxxxxx Xxxxx, Xxx XxXxxxxxx, Xxxxxx Xxxxx, Xxx Xxxxx, and the Undersigned as Chairman. A hearing was held on March 4, 2006 at which time representatives of the above Unions appeared and were afforded full opportunity to offer evidence and argument and to examine and cross-examine witnesses. There are five “joint venture” hoists involved at the two locations. A “joint venture” car transports both personnel and construction material, together and separately. Hence the terminology “joint venture hoist.” The contractors assigned the operation of those hoists to operators from Local 14-14B. (A sixth hoist, not involved in this dispute, and used exclusively to transport personnel has been assigned to Local 1, and there is no dispute that that hoist belongs in the jurisdiction of Local 1.) Local 1 claims that whenever a joint venture transports personnel (with or without construction material) its operation belongs to Local 1 and that therefore the exclusive assignment to Local 14-14B is improper. Local 14-14B argues contrariwise, asserting that the instant assignment is properly within its jurisdiction and it has accepted that assignment from the contractors. The authority and purpose of this Arbitration Panel is precisely defined by the New York Plan. It is not for the Panel to legislate a solution it deems appropriate, nor may the Panel ignore the standards set forth in the Plan and substitute its own judgment for what it thinks the parties should agree to or order other arrangements it may deem equitable. Rather, the Plan specifically sets forth the Panel’s limited authority and the evidentiary standards upon which its decision must be based. The Plan reads in pertinent part: “The Arbitration Panel shall be bound by Green Book decisions…or where there are none, International Agreements of record between the trades. If none of those apply for any reason…the Arbitration Panel shall consider the established trade practice in the greater New York geographical area.” It is undisputed that there ar...
Opinion and Award. Within thirty (30) days following the hearing and the submission of the matter to the arbitrator, the arbitrator shall issue a written opinion and award which shall be signed and dated. The arbitrator’s award shall decide all issues submitted by the parties, and the arbitrator may not decide any issue not submitted. The arbitrator shall prepare in writing and provide to the parties a decision and award which includes factual findings and the reasons upon which the decision is based. The arbitrator shall be permitted to award only those remedies in law or equity which are requested by the parties and allowed by law.
Opinion and Award. The arbitrator will be requested to render his Opinion and Award within thirty (30) days, but in no event later than sixty (60) days after the conclusion of the hearing. The Opinion and Award will be mailed on the date of the award with one (1) copy to the Employer and one (1) copy to the Union.
