Scope of Award. The Arbitration Panel shall be without authority to award punitive damages, and any such punitive damage award shall be void. The Arbitration Panel shall be without any authority to issue an award against any individual Party in excess of 20% of the original Job Order amount, but in no event shall any award exceed $100,000, exclusive of interest, arbitration fees, costs and attorneys’ fees. If an award is made against any individual Party in excess of $50,000, exclusive of interest, arbitration fees, costs and attorneys’ fees, it must be supported by written findings of fact, conclusions of law and a statement as to how damages were calculated. Any claim in excess of 20% of the original Contract amount or in excess of $100,000 shall be subject to the jurisdiction of the Superior Court of Arizona, Maricopa County. Any Party may contest the validity of the amount claimed if an action is filed in the Superior Court.
Scope of Award. With the exception of damages other than actual damages (i.e., punitive, consequential, or other special damages, which are expressly precluded), the arbitrator shall have the authority to award any remedy or relief that a court of the State of Arizona could order or grant, including, without limitation, specific performance of any obligation created under this Agreement, the issuance of an injunction, or the imposition of sanctions for abuse or frustration of the arbitration process; provided, however, the arbitrator shall rule in favor of one party as to each disputed matter, with no comprises or alternative solutions permitted, i.e., shall select the position offered by one of the parties with respect to each issue presented for resolution, without variation, and shall give notice to the parties hereto of such determination within five business (5) days following the hearing.
Scope of Award. Any monies awarded shall be stated and paid in US Dollars, without any tax or other deductions being withheld from the award. The award may include money damages, interest thereon (compounded quarterly from the date of the breach for which such damages were awarded). All costs and expenses of the arbitrators and the arbitral institution shall be borne by the parties equally, each party shall bear the costs and expenses, including attorneys’ fees, of its own counsel, experts, witnesses for the preparation and presentation of its case. The panel shall set the rate of interest to be the maximum rate permitted by Applicable Law. Parties hereby waive any damages in excess of compensatory damages, including punitive, exemplary or consequential damages.
Scope of Award. The Arbitrator shall have the authority to award any remedy or relief that a court or judge of the Court of Queen’s Bench of Alberta could order or grant in accordance with the Agreement, including specific performance of any obligation created under the Agreement, the issuance of an interim, interlocutory or permanent injunction, or the imposition of sanctions for abuse or frustration of the arbitration process;
Scope of Award. The parties agree that any decision rendered by the arbitrator is conclusive only as to the matters being adjudicated in said arbitration, pertaining to the parties present. The decision of the arbitrator is not res judicata nor will it have collateral estoppel effect as to the same or similar issues in companion claims or actions arising out of the incident, which is the subject of said arbitration.
Scope of Award. Modification or Vacation of Award: --------------------------------------------------
Scope of Award. 1.1 The Writer is being awarded this Agreement to produce high quality content (the “Content”) on such topics as have been mutually agreed upon by both parties and described in Annexure A to this Agreement. The Writer shall research, create, produce, conduct interviews, generate presentations, conduct surveys, proof read, fact-check and do all such deeds as may be required for the creation and finalization of the Content under this Agreement (the “Services”).
1.2 The Writer must produce the Content in publishable quality within the time frame set forth in Annexure A and submit reports to the Foundation regarding the project on the timeline set forth by the Foundation in Annexure A.
1.3 The Foundation shall have no control over the Content to be produced by the Writer and the Writer is not required to seek any approval from the Foundation with regard to the Content that may be published. The Writer shall be solely liable for the veracity and accuracy of the Content being created under this Agreement. The Writer may publish the Content in any of publications that has been approved by the Advisory Board of the Foundation on Public Health and annexed to this contract as Annexure C.
Scope of Award. The decision and award of the arbitral tribunal shall be made by majority decision and shall be final, non-appealable and binding on both Parties and their successors and assigns. The decision and award of the arbitral tribunal shall include a decision regarding the allocation of costs and legal fees relating to any such arbitration. In making their decision regarding costs, the arbitrators shall give due regard to any delay on the part of either Party. The arbitral tribunal shall not be empowered to award Damages in excess of actual Damages arising directly from the alleged misconduct, and each Party irrevocably waives any right to recover any amount in excess of such Damages. For clarity and without limitation, the arbitrators shall not award indirect Damages, consequential Damages, lost profits, or punitive or exemplary Damages of any kind.
Scope of Award. Except as otherwise provided herein, the Arbitrator shall have the authority to award any remedy permitted by law. Except as provided in the immediately following sentence, the Arbitrator shall have the jurisdiction and authority to award specific performance to either party regarding any claim. Notwithstanding the forgoing to the contrary, the Arbitrator may not award either reinstatement of employment or a promotion.
Scope of Award. The Arbitrator may grant any remedy or relief which the Arbitrator deems just and equitable and within the scope of the agreement of the parties and the Act, including, but not limited to, specific performance. The Arbitrator, in the award, shall assess arbitration fees, costs, expenses, Arbitrator compensation, and may assess reasonable attorneys’ fees, against any or all parties. Any allocation of costs by the Arbitrator shall be consistent with the prior agreement of the parties, if any. If any administrative fees or expenses are due the AAA, the Arbitrator, in the award, shall assess them in favor of the AAA.
