Accelerated Arbitration. To the extent the Arbitration Matter involves an Excepted Decision that is submitted to arbitration by a Party under Section 2.1.5(c), (d), (e) or (f) or any other matter that is expressly referred to accelerated arbitration elsewhere in this Agreement, the following procedures shall apply:
14.3.1 The Parties shall mutually select a single independent, conflict-free arbitrator (the “Expert”), who shall have sufficient scientific background and experience to resolve the Arbitration Matter. If the Parties are unable to reach agreement on the selection of an Expert within fifteen (15) Business Days after submission to arbitration, then either or both Parties shall immediately request the AAA of [********] to select an arbitrator with the requisite scientific background, experience and expertise (which arbitrator shall also be deemed the Expert for purposes of this Section 14.3). The place of arbitration shall be [********], and all proceedings and communications shall be in English.
14.3.2 Each Party shall prepare and submit a written summary of such Party’s position and any relevant evidence in support thereof to the Expert within [********] of the selection of the Expert. Upon receipt of such summaries from each Party, the Expert shall provide copies of the same to the other Party. Within [********] of the delivery of such summaries by the Expert, each Party shall submit a written rebuttal of the other Party’s summary and may also amend and re-submit its original summary. Oral presentations shall not be permitted unless otherwise requested by the Expert. The Expert shall make a final decision with respect to the Arbitration Matter within [********] following receipt of the last of such rebuttal statements submitted by the Parties.
14.3.3 Either Party may apply to the Expert for interim injunctive relief until the arbitration decision is rendered or the Arbitration Matter is otherwise resolved. Either Party also may, without waiving any right or remedy under this Agreement, seek from any court having jurisdiction any injunctive or provisional relief necessary to protect the rights or property of that Party pending resolution of the Arbitration Matter pursuant to this Section 14.3. Each Party shall bear its own costs and expenses and attorneys’ fees, and the Party that does not prevail in the arbitration proceeding shall pay the Expert’s fees and any administrative fees of arbitration.
14.3.4 Except to the extent necessary to confirm an award or decision or a...
Accelerated Arbitration. To the extent a Dispute submitted to arbitration by a Party under Section 14.1.1 is claimed, by either Party, to involve an Excepted Decision, the following procedures shall apply:
(a) The Parties shall mutually select a single independent, conflict-free arbitrator (the “Expert”), who shall have sufficient scientific background and experience to resolve the Dispute. If the Parties are unable to reach agreement on the selection of an Expert within fifteen (15) business days after submission to arbitration, then either or both Parties shall immediately request that the ICC select an arbitrator with the requisite scientific background, experience and expertise. The place of arbitration shall be New York, New York.
(b) Each Party shall prepare and submit a written summary of such Party’s position and any relevant evidence in support thereof to the Expert within thirty (30) days of the selection of the Expert. Upon receipt of such summaries from each Party, the Expert shall provide copies of the same to the other Party. Within thirty (30) days of the delivery of such summaries by the Expert, each Party shall submit a written rebuttal of the other Party’s summary and may also amend and re-submit its original summary. Oral presentations shall not be permitted unless otherwise requested by the Expert. The Expert shall make a final decision with respect to the Dispute within thirty (30) days following receipt of the last of such rebuttal statements submitted by the Parties. Each Party shall bear its own costs and expenses and attorneys’ fees, and the Party that does not prevail in the arbitration proceeding shall pay the Expert’s fees and any administrative fees of arbitration.
Accelerated Arbitration. To the extent the arbitration matter involves a dispute that is submitted to arbitration by a Party under either Sections 6.2, 6.4(e), or 6.7(c), or any dispute regarding the proper characterization of a dispute subject to resolution under this Section 13.1(d) as opposed to Section 13.1(c), the following procedures will also apply:
(i) For purposes of arbitration under this Section 13.1(d), the arbitrator will be appointed pursuant to Section 13.1(c), but will be a single independent, conflict-free arbitrator with the requisite licensing and pharmaceutical industry experience (such arbitrator, the “Expert”). The Parties may select a different Expert for each dispute depending on the nature of the issues presented and desired expertise.
(ii) Each Party will prepare and submit a written summary of such Party’s position and any relevant evidence in support thereof to the Expert within thirty (30) days of the selection of the Expert. Upon receipt of such summaries from both Parties, the Expert will provide copies of the same to the other Party. The Expert will be authorized to solicit briefing or other submissions on particular questions. Within fifteen (15) days of the delivery of such summaries by the Expert, each Party will submit a written rebuttal of the other Party’s summary and may also amend and re-submit its original summary. Oral presentations will not be permitted unless otherwise requested by the Expert. The Expert will make a final decision with respect to the arbitration matter within thirty (30) days following receipt of the last of such rebuttal statements submitted by the Parties and will make a determination by selecting the resolution proposed by one of the Parties that as a whole is the most fair and reasonable to the Parties in light of the totality of the circumstances and will provide the Parties with a written statement setting forth the basis of the determination in connection therewith. For purposes of clarity, the Expert will only have the right to select a resolution proposed by one of the Parties in its entirety and without modification.
(iii) The Parties further agree that the decision of the Expert will be the sole, exclusive and binding remedy between them regarding determination of the arbitration matter so presented. Confirmation of, or judgment upon any award rendered pursuant to this Section 13.1(d) may be entered by any court of competent jurisdiction. The Expert will have no authority to award any type of damages excluded ...
Accelerated Arbitration a. A bargaining unit member holding continuing appointment whose services are terminated by non-renewal or dismissal may submit the matter of his/her termination, either personally and/or by a representative, to accelerated arbitration. Submission shall be effected by service upon the President of notice of intent to arbitrate within fifteen (15) faculty working days of the bargaining unit member’s receipt of notice of non-renewal or dismissal or twenty-one (21) calendar days of notice of non-renewal or dismissal if received subsequent to April 30 and prior to August
Accelerated Arbitration. To the extent the arbitration matter involves a question, difference or dispute that either Party may submit to accelerated arbitration for resolution as permitted under the other provisions of CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. this Agreement, or any dispute regarding the proper characterization of a question, difference or dispute subject to resolution under this Section 12.2.2(b) as opposed to Section 12.2.2(a), the following procedures will also apply:
(i) [***]
Accelerated Arbitration. To the extent the Arbitration Matter involves a Dispute that is submitted to arbitration by a Party under Section 2.6.2(c), 2.6.2(d), 3.1.3(b), 6.2, the final sentence of Section 15.7.1, or 15.7.2(a)(iv through vi) or any other matter that is expressly referred to accelerated arbitration elsewhere in this Agreement, the procedures set forth in Section 15.7.4(a) shall apply, except that the following procedures shall also apply:
(i) For purposes of arbitration under this Section 15.7.4(b), the arbitrator shall be appointed pursuant to Section 15.7.4(a)(i), but shall be a single independent, conflict-free arbitrator (such arbitrator, the “Expert”), who shall have sufficient scientific background, expertise and experience to resolve the Arbitration Matter.
(ii) Each Party shall prepare and submit a written summary of such Party’s position and any relevant evidence in support thereof to the Expert within thirty (30) days of the selection of the Expert. Upon receipt of such summaries from both Parties, the Expert shall provide copies of the same to the other Party. Within fifteen (15) days of the delivery of such summaries by the Expert, each Party shall submit a written rebuttal of the other Party’s summary and may also amend and re-submit its original summary. Oral presentations shall not be permitted unless otherwise requested by the Expert. The Expert shall make a final decision with respect to the Arbitration Matter within thirty (30) days following receipt of the last of such rebuttal statements submitted by the Parties.
Accelerated Arbitration. The accelerated arbitration procedure is an expeditious method available to the University and the Union for arbitration of grievances which do not require contract interpretation. Initiation of accelerated arbitration shall require mutual agreement of the parties. The procedure, including selection of the arbitrator, shall be in accordance with mutually agreed upon guidelines. Expenses and fees to be borne by the parties shall be as described in paragraph 46.
Accelerated Arbitration. Any dispute, controversy or claim not resolved by the Responsible Executives under this Section 14.3 (Dispute Resolution) that the Parties mutually agree to settle under this Section 14.3.3 (Accelerated Arbitration) will be submitted for resolution to binding accelerated arbitration in accordance with the International Institute for CPR Global Rules for Accelerated Commercial Arbitration (the “Accelerated Rules”), in effect on the date the arbitration is commenced. The accelerated arbitration if initiated by Vertex will be held in San Francisco, California, United States of America and initiated by Alios will be held in Boston, Massachusetts, United States of America.
Accelerated Arbitration. BIW or the Union may institute accelerated arbitration proceedings as outlined elsewhere in this agreement. The Union and the Company will select ten (10) arbitrators by mutual agreement who will, by rotation, hear any accelerated case filed with the American Arbitration Association. The arbitrator will follow the American Arbitration Association Rules for Arbitration except for the provisions outlined below. • The American Arbitration Association will advise the appropriate arbitrator, by alphabetical rotation, of his appointed case within five (5) days. The arbitrator will hear his/her appointed case within fifteen (15) days. If an arbitrator is unable to fulfill his appointment, the American Arbitration Association shall move to the next arbitrator on the list. • If multiple days are needed, the Company, Union, and arbitrator will use the next available workday to complete the hearing. • There will be no briefs, unless mutually agreed upon. Both sides will do closing arguments. • The arbitrator will have ten (10) days to render his/her decision unless mutual agreement is reached. • The arbitrator will follow all other provisions outlined in the American Arbitration Association Rules for Arbitration that are not in conflict with this agreement. Where conflict exists, the agreement shall prevail.
Accelerated Arbitration. Any grievance with respect to a credit to which a Director or Second Unit Director may be entitled pursuant to this Agreement or any Contract for Services may be referred by either party immediately to an arbitrator appointed pursuant to the provisions of Article 7, who must resolve the matter in accordance with this Agreement and any applicable Contract for Services within fifteen (15) Days of the reference to arbitration. Subject to Article 14.08, the Arbitrator shall have the right in respect of any credit grievance to exercise the powers prescribed in Articles 7.11 (a) to (f) and to determine and resolve the right of the Director or Second Unit Director to receive screen credit or other credit and the form thereof, and to order any remedy indicated in Article 14.07, as the case may be.
