Scope of Arbitrator’s Duties Sample Clauses

The "Scope of Arbitrator’s Duties" clause defines the specific powers and responsibilities assigned to the arbitrator in a dispute resolution process. It typically outlines what issues the arbitrator is authorized to decide, the procedures they must follow, and any limitations on their authority, such as whether they can award certain types of damages or interpret particular contract provisions. By clearly delineating the arbitrator’s role, this clause ensures that both parties understand the boundaries of the arbitration process and helps prevent disputes over the arbitrator’s authority, thereby promoting efficiency and fairness in resolving conflicts.
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.
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Related to Scope of Arbitrator’s Duties

  • Scope of Arbitration If this Section 19.1 applies, any controversy or claim arising out of or relating to this Agreement or any breach of this Agreement will be settled by binding arbitration to be held before three arbitrators and conducted in accordance with the Employment Arbitration Rules and Mediation Procedures of the American Arbitration Association in the City of Cleveland, Ohio. The decision of the arbitrators will be final and binding on both parties and judgment on any award rendered by the arbitrators may be entered in any court of competent jurisdiction. Costs and expenses of any such arbitration will be borne by the parties as may be directed by the arbitrators taking into account the extent to which the positions taken by each of the parties are reasonable. The arbitrators will have the power to issue mandatory orders and restraining orders in connection with any such arbitration.

  • Appointment of Arbitrators 1. Except to the extent that the competent authorities of the Contracting States mutually agree on different rules, paragraphs 2 through 4 shall apply for the purposes of Articles 24A to 24H. 2. The following rules shall govern the appointment of the members of an arbitration panel: (a) The arbitration panel shall consist of three individual members with expertise or experience in international tax matters. (b) Each competent authority shall appoint one panel member within 60 days of the date of the request for arbitration under paragraph 1 of Article 24A (Mandatory Binding Arbitration). The two panel members so appointed shall, within 60 days of the latter of their appointments, appoint a third member who shall serve as Chair of the arbitration panel. The Chair shall not be a national or resident of either Contracting State. (c) Each member appointed to the arbitration panel must be impartial and independent of the competent authorities, tax administrations, and ministries of finance of the Contracting States and of all persons directly affected by the case (as well as their advisors) at the time of accepting an appointment, maintain his or her impartiality and independence throughout the proceedings, and avoid any conduct for a reasonable period of time thereafter which may damage the appearance of impartiality and independence of the arbitrators with respect to the proceedings. 3. In the event that the competent authority of a Contracting State fails to appoint a member of the arbitration panel in the manner and within the time periods specified in paragraph 2 or agreed to by the competent authorities of the Contracting States, a member shall be appointed on behalf of that competent authority by the highest ranking official of the Centre for Tax Policy and Administration of the Organisation for Economic Co-operation and Development that is not a national of either Contracting State. 4. If the two initial members of the arbitration panel fail to appoint the Chair in the manner and within the time periods specified in paragraph 2 or agreed to by the competent authorities of the Contracting States, the Chair shall be appointed by the highest ranking official of the Centre for Tax Policy and Administration of the Organisation for Economic Co-operation and Development that is not a national of either Contracting State.

  • Costs of Arbitration Each party shall bear one half the cost of the arbitration filing and hearing fees, and the cost of the arbitrator.

  • Location of Arbitration The arbitration shall take place in Oklahoma City, Oklahoma, and the arbitrator shall issue any award at the place of arbitration. The arbitrator may conduct hearings and meetings at any other place agreeable to the parties or, upon the motion of a party, determined by the arbitrator as necessary to obtain significant testimony or evidence.

  • Expenses of Arbitration Each party shall pay one-half of the fees and expenses of the Arbitrator.