Common use of Xxxxxx of the Arbitrator Clause in Contracts

Xxxxxx of the Arbitrator. 1. The Arbitrator shall not have authority, nor shall consider the function to include, the decision of any issue not submitted or to so interpret or apply the Agreement as to change what can fairly be said to have been the intent of the parties as determined by generally accepted rules of contract construction. The Arbitrator shall not give any decision which in practical or actual effect modifies, revises, detracts from, or adds to, any of the terms or provisions of this Agreement. Past practices of the parties in interpreting or applying terms of the Agreement can be relevant evidence, but may not be used so as to justify, or result in, what is in effect a modification (whether by addition or detraction) of written terms of this Agreement. The Arbitrator has no obligation or function to render a decision or not to render a decision merely because in the Arbitrator’s opinion it is unfair or inequitable. The parties agree that this Contract incorporates their full and complete understanding and that any prior oral Agreements or practices are superseded by the terms of this Agreement. The parties further agree that no such oral understandings or practices will be recognized in the future unless committed to writing and signed by the parties as supplement to this Agreement. If either party shall claim before the Arbitrator that a particular grievance fails to meet the test or arbitrability, as the same are set forth in this Grievance Procedure, the Arbitrator shall proceed to hear the case upon the merits. 2. The Arbitrator shall have the authority to determine whether the case will be heard on its merits at the same hearing in which the jurisdictional question is presented. In any case, where the Arbitrator determines that such grievance fails to meet said test of arbitrability, the case will be referred back to the parties without a recommendation on the merits. Unless expressly agreed to by the parties, in writing, the Arbitrator is limited to hearing one issue or grievance upon its merits at any one hearing. Separate hearings shall be constituted for each grievance appealed to arbitration.

Xxxxxx of the Arbitrator. 1. The Arbitrator shall not have authority, nor shall consider the function to include, the decision of any issue not submitted or to so interpret or apply the Agreement as to change what can fairly be said to have been the intent of the parties as determined by generally accepted rules of contract construction. The Arbitrator shall not give any decision which in practical or actual effect modifies, revises, detracts from, or adds to, any of the terms or provisions of this Agreement. Past practices of the parties in interpreting or applying terms of the Agreement can be relevant evidence, but may not be used so as to justify, or result in, what is in effect a modification (whether by addition or detraction) of written terms of this Agreement. The Arbitrator has no obligation or function to render a decision or not to render a decision merely because in the Arbitrator’s opinion it is unfair or inequitable. The parties agree that this Contract incorporates their full and complete understanding and that any prior oral Agreements or practices are superseded by the terms of this Agreement. The parties further agree that no such oral understandings or practices will be recognized in the future unless committed to writing and signed by the parties as supplement to this Agreement. If either party shall claim before the Arbitrator that a particular grievance fails to meet the test or arbitrability, as the same are set forth in this Grievance Procedure, the Arbitrator shall proceed to hear the case upon the merits.or 2. The Arbitrator shall have the authority to determine whether the case will be heard on its merits at the same hearing in which the jurisdictional question is presented. In any case, where the Arbitrator determines that such grievance fails to meet said test of arbitrability, the case will be referred back to the parties without a recommendation on the merits. Unless expressly agreed to by the parties, in writing, the Arbitrator is limited to hearing one issue or grievance upon its merits at any one hearing. Separate hearings shall be constituted for each grievance appealed to arbitration.