Power of Arbitrators. The arbitrators shall have the power to determine all procedural rules for the conduct of the arbitration, including the production and inspection of documents, the examination of witnesses and any other matter relating to the conduct of the arbitration. The arbitrators and the umpire shall interpret this Agreement as an honorable engagement and not merely as a legal obligation between the parties. They shall reach their decision from the standpoint of equity and the customs and practices of the life insurance or reinsurance industry with a view to effecting the general purposes of this Agreement and may abstain from following the strict rules of law; provided, however, that (i) the arbitrators shall have no authority to award equitable relief or punitive damages against or in favor of either party (except to reimburse a party for extra-contractual or punitive damages that either the Ceding Company or the Reinsurer has paid or is legally obligated to pay to third parties), and (ii) nothing contained in this Article VIII is intended to limit the dispute resolution mechanics for (x) calculations made pursuant to Section 3.1 or Exhibit C (which disputes shall be resolved pursuant to the procedures set forth in Section 3.1 or Exhibit C, as applicable), or (y) Section 9.13.
Power of Arbitrators. The arbitrators, who shall act by majority vote, shall be able to decree any and all relief of an equitable nature, including but not limited to such relief as a temporary restraining order, a temporary injunction, or a permanent injunction, and shall also be able to award damages, with or without an accounting and costs. The decree or judgment of an award rendered by the arbitrators may be entered in any court having jurisdiction over the parties.
Power of Arbitrators. It is expressly understood that the choice of New York law to govern the Player Contracts means that the parties intend to be governed by the arbitration provisions of the New York Civil Practice Law and Rules, Article 75, as they may be in force at the time of arbitration. This law, among other things, confers subpoena power on an arbitrator.
Power of Arbitrators. The arbitrators shall apply the internal law of the State of New York without regard to principles of conflicts of laws in determining the rights, obligations and liabilities of the Parties. The arbitrators shall not have the power to alter, modify, amend, add to or subtract from any term or provision of this Agreement, nor to grant injunctive relief, including interim relief, of any nature, nor to award punitive damages of any nature. In all other respects, the commercial rules of the American Arbitration Association shall govern the arbitration. Judgment on the award of the arbitrators may be entered by any court having jurisdiction to do so, and Buyer and Seller hereby irrevocably consent and submit to the personal jurisdiction of the federal and state courts of the State of New York for that purpose as well as for any and all other permitted purposes in connection with this Agreement.
Power of Arbitrators. The arbitrators shall have the authority to issue any judgment or order, including equitable relief, except an order that includes punitive damages or is otherwise in contravention of the terms and conditions of this Agreement; provided, however, that the arbitrators’ power to provide equitable relief or specific performance shall not preclude or restrict implementation of the termination provisions of this Agreement.
Power of Arbitrators. The Union and the Employer agree that the arbitrator shall not add to, subtract from, change or modify any provisions of this Agreement; that the arbitrator is authorized only to apply the existing provisions of said Agreement to the specific facts presented and to interpret only applicable provisions of this Agreement not clear and capable of more than one (1) interpretation.
Power of Arbitrators. The arbitrators shall have the power to determine the procedure to be followed, whether discovery is to be allowed and to what extent, and to establish a schedule for resolving the controversy, but they shall have no power to alter, change, amend, modify, add to, or subtract from, any of the provisions of this Agreement. The decision of a majority of the arbitrators shall be the decision of the arbitrators. All decisions shall be in writing.
Power of Arbitrators. (1) Unless contrary intention is expressed in any arbitration agreement, the powers of the arbitrators shall include:
a) to call for all documents within the possession of the Claimant and Respondent which may be required for this purpose;
b) to examine any witness on oath or affirmation; 1 ICA MARITIME ARBITRATION RULES
c) to call for giving evidence by affidavits, if necessary;
(2) If the parties have reached an amicable settlement of the dispute or on any part thereof during the arbitration proceedings, and if such parties request the arbitrator(s) to pronounce an award in terms of the amicable settlement, the arbitrator(s) shall give an award accordingly.
Power of Arbitrators. (1) Unless contrary intention is expressed in any arbitration agreement, the powers of the arbitrators shall include:
a) to call for all documents within the possession of the Claimant and Respondent which may be required for this purpose;
b) to examine any witness on oath or affirmation;
c) to call for giving evidence by affidavits, if necessary;
d) may pass such interim order or directions as it may deem it necessary for securing the amount in dispute in the arbitration or safeguarding, interim custody, preservation, protection, storage, sale, disposal of whole or any part of subject matter of dispute until the final determination of dispute;
(2) If the parties have reached an amicable settlement of the dispute or on any part thereof during the arbitration proceedings, and if such parties request the arbitrator(s) to pronounce an award in terms of the amicable settlement, the arbitrator(s) shall give an award accordingly. 9 ICA MARITIME ARBITRATION RULES
Power of Arbitrators. The arbitrators shall have no power to vary or modify any of the provisions of this Lease.
