Common use of Scope of Arbitrator’s Duties Clause in Contracts

Scope of Arbitrator’s Duties. The arbitrator shall have no power to modify or change any agreement, tariff or rule or otherwise create any additional rights or obligations for any Party. The scope of the arbitrator’s decision shall be limited to the issues presented for arbitration. The arbitrator shall determine discovery procedures, intervention rights, how evidence shall be taken, what written submittals may be made, and other such procedural matters, taking into account the complexity of the issues involved, the extent to which factual matters are disputed, and the extent to which the credibility of witnesses is relevant to a resolution. Each Party shall produce all evidence determined by the arbitrator to be relevant to the issues presented. To the extent such evidence involves proprietary or Confidential Information, the arbitrator may issue an appropriate protective order which shall be complied with by all Parties. The arbitrator may elect to resolve the arbitration matter solely on the basis of written evidence and arguments. The arbitrator shall consider all issues underlying the dispute, and the arbitrator shall take evidence submitted by the Parties in accordance with procedures established by the arbitrator and may request additional information including the opinion of recognized technical bodies or experts. The Parties shall be afforded a reasonable opportunity to rebut any such additional information. Absent agreement to the contrary by all Parties, no person or entity that is not among the Party or Parties initiating the dispute pursuant to Section 11.2.1 of this Tariff shall be permitted to intervene, but see Section 11.7 concerning consolidation of separate disputes.