Section 41: Form of Award.
The award shall be in writing shall be signed either by the
sole arbitrator or by at least a majority if there be more than
one. It shall be executed in the manner required by law.
Section 42: Scope of Award.
The arbitrator may grant any remedy or relief which is just
and equitable and within the terms of the agreement of the parties.
The arbitrator, in the award, shall assess arbitration fees and
expenses as provided in Sections Forty Seven (47) and Forty Nine
(49) equally or in favor of any party and, in the event any administrative
fees or expenses are due the HBAGFV, in favor of the HBAGFV.
Section 43: Award Upon Settlement.
If the parties settle their dispute during the course of the
arbitration, the arbitrator, upon their request may set forth
the terms of the agreed settlement in an award.
Section 44: Delivery of Award to Parties.
Parties shall accept as legal delivery of the award the placing
of the award or a true copy thereof in the mail by the HBAGFV,
addressed to such party or its attorney at the last known address
or by personal service, within or without the state within the
arbitration is to be held (whether such party be within or without
the United States of America), provided that reasonable opportunity
to be heard with regard thereto has been granted such party.
Section 45: Release of Documents for Judicial Proceedings.
The HBAGFV shall, upon the written request of a party, furnish
to such party, at its expense, certified facsimiles of any papers
in the HBAGFV's possession that may be required in judicial proceedings
relating to the arbitration.
Section 46: Applications to Court.
No judicial proceedings by a party relating to the subject matter
of the arbitration shall be deemed a waiver of the party's right
to arbitrate.
The HBAGFV is not a necessary party in judicial proceedings
relating to the arbitration.
Parties to the Rules shall be deemed to have consented that
judgment of the award rendered by the arbitrator(s) may be entered
in any Federal or State Court having jurisdiction thereof.
Section 47: Administrative Fees.
As a non-profit organization, the HBAGFV shall prescribe an
administrative fee schedule and a refund schedule to compensate
it for the cost of providing administrative services. The schedule
in effect at the time of filing or the time of refund shall be
applicable.
The administrative fees shall be advanced by the initiated party
or parties in accordance with the administrative fee schedule,
subject to final apportionment by the arbitrator in the award.
When a matter is withdrawn or settled, the refund shall be made
in accordance with the refund schedule.
The HBAGFV, in the event of extreme hardship on the part of
any party, may defer or reduce the administrative fee.
Section 48: Fee When Oral Hearings are Waived.
Where all oral hearings are waived under Section Thirty Six
(36) the Administrative Fee Schedule shall apply.
Section 49: Expenses.
The expenses of witnesses for either side shall be paid by the
party producing such witnesses.
The cost of the stenographic record, if any, is made, and all
transcripts thereof, shall be prorated equally between the parties
ordering copies unless they shall otherwise agree and shall be
paid for by the responsible parties directly to the reporting
agency.
All other expenses of the arbitration, including required traveling
and other expenses of the arbitrator and of HBAGFV representatives,
and the expenses of any witness or the cost of any proofs produced
at the direct request of the arbitrator shall be borne equally
by the parties, unless they agree otherwise, or unless the arbitrator
in the award assesses such expenses or any part thereof against
any specified party or parties.
Section 50: Arbitrator's Fees.
Unless the parties agree to terms of compensation, members of
the Panel will serve without compensation for the first two (2)
days of service.
Thereafter, unless the parties agree to the terms of compensation
of the arbitrators, compensation shall be based upon the amount
of service involved and the number of hearings. An appropriate
daily rate and other arrangements will be discussed by the administrator
with the parties and the arbitrator(s). If the parties fail to
agree to the terms of compensation, an appropriate rate shall
be established by the HBAGFV, and communicated in writing to
the parties.
Any arrangement for the compensation of an arbitrator shall
be made through the HBAGFV and not directly by the arbitrator
with the parties. The terms of compensation of neutral arbitrators
on the Tribunal shall be identical.
Section 51: Deposits.
The HBAGFV may require the parties to deposit in advance such
sums of money as it deems necessary to defray the expense of
the arbitration, including the arbitrator's fee, if any, and
shall render an accounting to the parties and return any unexpended
balance.
Section 52: Interpretation and Application of Rules.
The arbitrator shall interpret and apply these Rules insofar
as they relate to the arbitrator's powers and duties. When there
is more than one arbitrator and a difference arise among them
concerning the meaning or application of any such Rules, it shall
be decided by a majority vote. If that is unobtainable, either
an arbitrator or a party may refer the question to the HBAGFV
for final decision. All other Rules shall be interpreted and
applied by the HBAGFV.
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