Appointment of Third Arbitrator. If each party timely appoints an arbitrator, the two (2) arbitrators shall, within ten (10) days after the appointment of the second arbitrator, agree on and appoint a third arbitrator (who shall be qualified under the same criteria set forth above for qualification of the initial two (2) arbitrators) and provide notice to Landlord and Tenant of the arbitrator’s name and business address.
Appointment of Third Arbitrator. If the arbitrator appointed by the Company and the arbitrator appointed by the Union fail to agree within 3 weeks upon the appointment of a third arbitrator, the Ontario Labour- Management Arbitration Commission shall be requested to choose a third arbitrator.
Appointment of Third Arbitrator. If a party responds timely to a notice of demand for arbitration under Subsection (3), the two arbitrators shall appoint a third arbitrator who shall be qualified in accordance with subsection (4). Such third arbitrator shall be appointed within seven (7) calendar days of receipt by the party demanding arbitration of notice of response provided for under Subsection (4). If the two arbitrators fail to timely appoint a third arbitrator, the third arbitrator shall be appointed by the parties if they can agree within a period of five (5) calendar days. If the parties cannot timely agree, then either party may request the appointment of such third arbitrator by the Presiding Judge of the Superior Court of King County, Washington, and both parties hereby agree not to raise any question as to the court's full power and jurisdiction to entertain such application and to make such appointment; provided that the other party shall not raise any question as to the court's full power and jurisdiction to entertain such application and to make such appointment.
Appointment of Third Arbitrator. If a party responds timely to a notice of demand for expedited arbitration under Section 2E(2), the two arbitrators shall appoint a third arbitrator who shall be qualified in accordance with Section 2E(3), above. Such third arbitrator shall be appointed within seven (7) calendar days of receipt by the party demanding arbitration of notice of response provided for under Subsection 2E(3). If the two arbitrators fail to timely appoint a third arbitrator, the third arbitrator shall be appointed by the parties if they can agree within a period of five (5) calendar days. If the parties cannot timely agree, then either party may request the appointment of such third arbitrator by the Presiding Judge of the Superior Court of King County, Washington, and neither party shall raise any question as to the court's full power and jurisdiction to entertain such application and to make such appointment.
Appointment of Third Arbitrator. If the arbitrators appointed by or on behalf of the parties pursuant to SECTION 8.2(a) hereof are unable to agree upon or procure the appointment of the third arbitrator within fifteen (15) Business Days after the appointment of the second of them, then the third arbitrator upon application of either party shall be appointed by the then President of the Society of Maritime Arbitrators, Inc. (New York) within ten (10) Business Days of such application, provided that the person so appointed shall have the qualifications described in SECTION 8.2(c) hereof.
Appointment of Third Arbitrator. If the amount in controversy exceeds $1,000,000 (as adjusted pursuant to Section 21.20) and if a party responds timely to a notice of demand for arbitration under Section 16.03, a third arbitrator shall be appointed by the parties if they can agree within a period of ten (10) calendar days. If the parties cannot timely agree, then either party may request the appointment of such third arbitrator by the Presiding Judge of the Superior Court of Xxxxxx County, Washington; and the other party shall not raise any question as to the Court's full power and jurisdiction to entertain such application and to make such appointment. If the amount in controversy is less than $1,000,000 (as adjusted pursuant to Section 21.20), then the responding party shall select an arbitrator from the demanding party’s list of not less than three arbitrators and the arbitration panel shall be a single arbitrator.
Appointment of Third Arbitrator. The two (2) arbitrators so appointed shall within fifteen (15) days of the date of the appointment of the last-appointed arbitrator agree upon and appoint a third arbitrator, who shall be qualified under the same criteria as set forth hereinabove for qualification of the initial two arbitrators under Article 7.1.2.1 above.
Appointment of Third Arbitrator. If each party appoints an Arbitrator and notifies the other party in accordance with subsection (2), above, then the two Arbitrators shall, within ten (10) days after delivery of the later of the two Arbitrator Appointment Notices, agree on and appoint a third Arbitrator (whom shall be a licensed real estate appraiser with all other qualifications for the initial two Arbitrators chosen by the parties as set forth in subsection (2), above) and provide prompt written notice to Landlord and Tenant of such third Arbitrator and the business address thereof. If the two Arbitrators fail to agree on and appoint a third Arbitrator within such ten (10) day period, then either Landlord or Tenant may elect to have the third Arbitrator selected by the AAA by delivering written notice thereof to the other party. In such event, the electing party shall petition the AAA (with a copy to the other party) to so determine the third Arbitrator and the parties shall cooperate reasonably with each other and the AAA (including by responding promptly to any requests for information made by the AAA) in connection with such determination. The decision of the AAA shall be final and conclusive as to the identity of the third Arbitrator. If any fees of the third Arbitrator or the AAA are required to be paid in advance (prior to the completion of the arbitration procedure described in this Section) in order for such Arbitrator, or the AAA, as the case may be, to commence or continue its work in connection with the arbitration described in this Section, each party shall promptly pay one-half of such fees as and when due, and if either Landlord or Tenant fails to pay its one-half share of any such fees as and when due (such party is referred to in this Section as the “Delinquent Party”), and the other party does pay its one-half share of any such fees as and when due, then if the Delinquent Party fails to pay its one-half share of all such fees within ten (10) days after written notice from the other party, the assertion supported by such other party’s appraisals delivered pursuant to subsection (1) (i.e. that the fair market value of the Replacement Property is less than, or equal to or greater than (as the case may be), the fair market value of the Replaced Property) shall be binding on both parties, and the arbitration shall be deemed concluded as of the first day following the expiration of such ten (10)-day period.
Appointment of Third Arbitrator. If a Party responds to a Request for Arbitration within the allotted time under Section 9.6(e), the two arbitrators shall appoint a third arbitrator who shall be qualified in accordance with Section 9.6(g). Such third arbitrator shall be appointed within twenty-one (21) days of receipt by the Party requesting arbitration of the notice of response provided for under Section 9.6(e). If the two arbitrators fail to appoint a third arbitrator within such term, the third arbitrator shall be appointed by the Parties if they can agree within a period of twenty-one (21) days following the expiration of such term. If the Parties cannot agree within this time period, then either party may request the appointment of such third arbitrator through the intervention of the American Arbitration Association, provided that the other Party shall not raise any question as to the power of the American Arbitration Association to entertain such application and to make such appointment. Notwithstanding the provisions of Sections 9.6(d) and (e) and this Section 9.6(f), the Parties may agree to appoint a sole arbitrator in which case the sole arbitrator shall be appointed by the Parties within a period of twenty-one (21) days of the receipt by the party requesting arbitration of the notice of response provided for under Section 9.6(e), or if they cannot agree on a sole arbitrator within such term, the arbitration shall be conducted by three arbitrators as set forth in Sections 9.6(d), (e) and (f).
Appointment of Third Arbitrator. Arbitration Hearing, Discovery, Venue *
