This variation of arbitration entails each party providing a proposed monetary amount for the claim to the arbitrator(s) prior to the close of the hearings. At the conclusion of the hearing, the arbitrator(s) will adopt one of the proposed amounts in the award. This form of arbitration is used in baseball salary negotiations.
A related variation, often referred to as “Night Baseball” arbitration, occurs when the arbitrator(s) is not informed of the written proposals. Instead, the arbitrator(s) renders the award, which is then adjusted to conform to the closest of the parties’ proposals. Both variations eliminate an arbitrator’s ability to render compromise awards.
Under this variation, the parties set a range for the award. An award over the high amount is reduced to that amount; an award under the low amount is increased to that amount; and any award within the range is not adjusted. High-low arbitration has been used in third-party insurance claims where liability is admitted, but damages are in issue.
Provisional Remedies and Interim Relief
The procedures specified in this Article 00 shall be the sole and exclusive procedures for the resolution of disputes between the parties arising out of or relating to this Agreement; provided, however, that a party may file a complaint [for statute of limitations or venue reasons,] [to seek a preliminary injunction or other provisional judicial relief,] if in its sole judgment such action is necessary. Despite such action, the parties will continue to participate in good faith in the procedures specified in this Article 00.
Tolling Statute of Limitations
All applicable statutes of limitation and defenses based upon the passage of time shall be tolled while the procedure(s) specified in this Article 00 is pending. The parties will take such action, if any, required to effectuate such tolling.
Performance to Continue
Each party is required to continue to perform its obligations under this contract pending final resolution of any dispute arising out of or relating to this contract, [unless to do so would be impossible or impracticable under the circumstances].
Right of Termination
The requirements of this Article 00 shall not be deemed a waiver of any right of termination under this contract.