THE ARBITRATOR'S AUTHORITY Sample Clauses
The "Arbitrator's Authority" clause defines the scope and limits of what an arbitrator can decide in a dispute between parties. Typically, this clause outlines the types of issues the arbitrator is empowered to resolve, such as contractual disagreements or claims arising from the agreement, and may specify whether the arbitrator can award damages, order specific performance, or grant other remedies. By clearly delineating the arbitrator's powers, this clause ensures that both parties understand the boundaries of the arbitration process and helps prevent disputes over the arbitrator's jurisdiction or authority during proceedings.
THE ARBITRATOR'S AUTHORITY. The Arbitrator shall have the powers enumerated below:
1. Ruling on motions regarding discovery, and ruling on procedural and evidentiary issues arising during the arbitration.
2. Ruling on motions to dismiss and/or motions for summary judgment applying the standards governing such motions under the Federal Rules of Civil Procedure.
3. Issuing protective orders on the motion of any party or third party witness. Such protective orders may include, but are not limited to, sealing the record of the arbitration, in whole or in part (including discovery proceedings and motions, transcripts, and the decision and award), to protect the privacy or other constitutional or statutory rights of parties and/or witnesses.
4. Determining only the issue(s) submitted to him/her. The issue(s) must be identifiable in the "Request For Arbitration" or counterclaim(s). Except as required by law, any issue(s) not identifiable in those documents is outside the scope of the Arbitrator's jurisdiction and any award involving such issue(s), upon motion by a party, shall be vacated.
THE ARBITRATOR'S AUTHORITY. The arbitrator shall hear and determine the grievance and shall issue a decision, and the decision shall be final and binding upon the parties and upon any employee under this Agreement who is affected by it. Such decision must be implemented forthwith after its receipt unless some other time for its implementation is provided in the award. There shall be no appeal from the award. The arbitrator shall not have the power to change, modify, extend or revise the provisions of this Agreement, or to award costs or damages against either party. The expenses of the arbitrator shall be borne equally by the Corporation and
THE ARBITRATOR'S AUTHORITY. The arbitrator shall only have those powers authorized by statute or enumerated below:
(i) Rule on motions regarding the pleadings and discovery;
(ii) Issue protective orders on the motion of any party or third party witness. Such protective orders may include, but are not limited to, sealing the record of the arbitration, in whole or in part (including discovery proceedings and motions, transcripts and the decision and award), to protect the privacy or other constitutional or statutory rights of parties and/or witnesses;
(iii) Determine only the Claim submitted to the arbitrator. The Claim shall be identified in any request for arbitration, any counterclaim(s), and the answer(s)
THE ARBITRATOR'S AUTHORITY. The Arbitrator shall have the power to grant all legal and equitable remedies provided by New York or federal law, with the following exceptions: the Arbitrator shall not have the power to (i) award punitive or exemplary damages to either Party, (ii) award relief excluded under Section 20 (Limits of Liability), or (iii) award damages or relief to the Concessionaire other than the relief set out in Section 25 (Concessionaire Equitable Adjustment Remedies) and Section 29 (Concessionaire Debt-Proxy Recoupment on Termination by MTA).