Common use of Power of the Arbitrator Clause in Contracts

Power of the Arbitrator. 5.3.2.1 The decision of the arbitrator shall be based solely upon the evidence and arguments presented to him by the respective parties in the presence of each other, and upon arguments presented in briefs. The arbitrator shall have no power to alter, amend, change, add to or subtract from any of the terms of this Agreement, but shall determine only whether or not there has been a violation of the express term of this Agreement in the respect alleged in the Grievance. 5.3.2.2 The Agreement constitutes a contract between the parties which shall be interpreted and applied by the parties and by the arbitrator in the same manner as any other contract under the laws of the State of California. The function and purpose of the arbitrator is to determine disputed interpretation of terms actually found in the Agreement, or to determine disputed facts upon which the application of the Agreement depends. The arbitrator shall therefore not have authority, nor shall he/she consider it his/her function to decide any issue not submitted or to so interpret or apply the Agreement so as to change that which can fairly be said to have been the intent of the parties as determined by generally accepted rules of contract construction. 5.3.2.3 The decision of the arbitrator shall be final and binding on all parties. 5.3.2.4 Grievances involving alleged violations of tenure review processes and negative decisions regarding tenure shall be handled in accord with Section 5.3.3 below, and will be subject to advisory arbitration.

Power of the Arbitrator. 5.3.2.1 8.3.2.1 The decision of the arbitrator shall be based solely upon the evidence and arguments presented to him by the respective parties in the presence of each other, and upon arguments presented in briefs. The arbitrator shall have no power to alter, amend, change, add to or subtract from any of the terms of this Agreement, but shall determine only whether or not there has been a violation of the express term of this Agreement in the respect alleged in the Grievance. 5.3.2.2 8.3.2.2 The Agreement constitutes a contract between the parties which shall be interpreted and applied by the parties and by the arbitrator in the same manner as any other contract under the laws of the State of California. The function and purpose of the arbitrator is to determine disputed interpretation of terms actually found in the Agreement, or to determine disputed facts upon which the application of the Agreement depends. The arbitrator shall therefore not have authority, nor shall he/she consider it his/her function to decide any issue not submitted or to so interpret or apply the Agreement so as to change that which can fairly be said to have been the intent of the parties as determined by generally accepted rules of contract construction. 5.3.2.3 8.3.2.3 The decision of the arbitrator shall be final and binding on all parties. 5.3.2.4 8.3.2.4 Grievances involving alleged violations of tenure review processes and negative decisions regarding tenure shall be handled in accord with Section 5.3.3 8.3.3 below, and will be subject to advisory arbitration.

Power of the Arbitrator. 5.3.2.1 The decision of the arbitrator shall be based solely upon the evidence and arguments presented to him by the respective parties in the presence of each other, and upon arguments presented in briefs. The arbitrator shall have no power to alter, amend, change, add to or subtract from any of the terms of this Agreement, but shall determine only whether or not there has been a violation of the express term of this Agreement in the respect alleged in the Grievance.Grievance.‌ 5.3.2.2 The Agreement constitutes a contract between the parties which shall be interpreted and applied by the parties and by the arbitrator in the same manner as any other contract under the laws of the State of California. The function and purpose of the arbitrator is to determine disputed interpretation of terms actually found in the Agreement, or to determine disputed facts upon which the application of the Agreement depends. The arbitrator shall therefore not have authority, nor shall he/she consider it his/her function to decide any issue not submitted or to so interpret or apply the Agreement so as to change that which can fairly be said to have been the intent of the parties as determined by generally accepted rules of contract construction.construction.‌ 5.3.2.3 The decision of the arbitrator shall be final and binding on all parties.parties.‌ 5.3.2.4 Grievances involving alleged violations of tenure review processes and negative decisions regarding tenure shall be handled in accord with Section 5.3.3 below, and will be subject to advisory arbitration.arbitration.‌