US Airways 2004 Annual Report Download - page 330

6.4 ARBITRATION; RULES
(a) Any issue as to whether or the extent to which the Dispute is
subject to the arbitration, including, but not limited to, issues relating to
the validity or enforceability of this Article 6, the applicability of any
statute of limitations or other defense relating to the timeliness of the
assertion of any claim or any other matter relating to the arbitrability of such
claim, shall be decided by the Arbitrators.
(b) The Arbitrators shall be authorized to award compensatory
damages, but shall not be authorized (i) to award non-economic damages, such as
for emotional distress, pain and suffering, or loss of consortium, (ii) to award
punitive damages, or (iii) to reform, modify or materially change this Agreement
or any other agreements contemplated hereunder; provided, however<184> that the
damage limitations described in parts (i) and (ii) of this sentence will not
apply if such damages are statutorily imposed. The Arbitrators also shall be
authorized to grant any temporary, preliminary or permanent equitable remedy or
relief he or she deems just and equitable and within the scope of this
Agreement, including, without limitation, an injunction or order for specific
performance.
(c) Each party shall bear its own attorney's fees, costs, and
disbursements arising out of the arbitration; however, the Arbitrators shall be
authorized to determine whether a party is the prevailing party, and if so, to
award to that prevailing party reimbursement for its reasonable attorneys' fees,
costs and disbursements (including, for example, expert witness fees and
expenses, photocopy charges, travel expenses, etc.). Holdings shall pay the
costs of the arbitration, including the cost of the Arbitrators themselves.
(d) The Arbitrators shall render their decision in writing and,
unless both parties agree otherwise, shall include an explanation of the reasons
for the award, which explanation shall be limited to the extent necessary to
support the award and need not attempt to cover all issues raised by the
parties.
(e) The arbitration shall be governed by the substantive laws of the
State of Arizona applicable to contracts made and to be performed therein,
without regard to conflicts of law rules. The Arbitrators shall have no power or
authority to order or grant any remedy or relief that a court could not order or
grant under applicable law.
6.5 ENFORCEMENT
Judgment upon the award rendered by the Arbitrators may be entered
in any court having jurisdiction thereof. These arbitration provisions may be
enforced by any court of competent jurisdiction, and the party seeking
enforcement shall be entitled to all costs and expenses, including reasonable
attorneys' fees, to be paid by the party against whom enforcement is ordered.
6.6 CERTAIN COURT ACTIONS PERMITTED
Notwithstanding the foregoing, this Article 6 will not preclude
either party from pursuing a court action for the sole purpose of obtaining a
temporary restraining order or a preliminary injunction in circumstances in
which such relief is appropriate (including as
17.