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7. Evidence.
Any arbitration pursuant to this Section shall be conducted by the Arbitrators under the guidance of the
Federal Rules of Evidence. The Arbitrators, however, shall not be required to conform strictly to such
Rules in conducting any such arbitration. The Arbitrators shall conduct such evidentiary or other
hearings as they deem necessary or appropriate and thereafter shall make their determination within ten
(10) days of any evidentiary hearing or motion.
The parties may offer such non-duplicative evidence as is relevant and material to the dispute and shall
produce such evidence as the arbitrators may deem necessary to an understanding and determination of
the dispute. An arbitrator or other person authorized by law to subpoena witnesses or documents may
do so upon the request of a Party or upon the arbitrators’ own motion.
The arbitrators shall be the judges for the duplicative nature, relevance and materiality of the evidence
offered and, as noted above, the Federal Rules of Evidence shall serve as guidance; however, strict
conformity is not necessary. The arbitrators should refuse to allow the introduction of any evidence that
the arbitrators believe would result in the disclosure of confidential information which is privileged
under any applicable statute or under applicable law, including, but not limited to, information subject
to: (a) a peer review privilege; (b) a patient-physician privilege; (c) an attorney-client privilege; or (d)
any business proprietary or trade secret privilege. All evidence shall be taken in the presence of the
arbitrators and all of the Parties and the Parties’ counsel and other authorized representatives, except
where a Party is absent after due notice has been given or has waived the right to be present.
8. Judgment and Award of Arbitrators.
The arbitrators shall render their decision and award upon the concurrence of at least two (2) of their
number. Such decision and award shall be in writing and shall be signed by all three (3) arbitrators.
Thereafter, counterpart copies thereof shall be delivered to each of the Parties simultaneously. In
rendering such decision and award, the arbitrators shall not add to, subtract from, or otherwise modify
the provisions of the Agreement or any agreement entered into pursuant hereto. The arbitrators shall
have the power to grant and award only legal remedies in the form of monetary damages as provided by
Texas law, except that the arbitrators shall not have the power to award punitive or exemplary damages.
As used herein, punitive or exemplary damages include, but are not limited to, multiple damage awards
and any award of attorneys’ fees, regardless of whether these types of damages are based on statute or
common law. Notwithstanding the above, in the event that either Party wishes to obtain injunctive
relief, such as a permanent or temporary restraining order, such Party may initiate an action for such
relief in a court of competent jurisdiction in the State of Texas. The decision of the court with respect to
the requested injunctive relief shall be subject to appeal only as allowed under applicable state or federal
law. However, the courts shall not have the authority to review or grant any requests or demands for
damages.
The judgment and award of the arbitrators shall be accompanied by detailed written findings of fact and
conclusions of law. At any time within one year after the award is made, any party to the arbitration
may apply to the United States District Court of Texas
for an order confirming the award.
