ARBITRATION WITHOUT CONTRACTOR Sample Clauses
The "Arbitration without Contractor" clause defines the process for resolving disputes through arbitration when the contractor is unable or unwilling to participate. Typically, this clause outlines how arbitration proceedings may continue in the contractor's absence, specifying the rights of the remaining parties and the procedures to be followed, such as appointing an arbitrator or proceeding ex parte. Its core function is to ensure that dispute resolution is not stalled due to the contractor's non-participation, thereby maintaining project momentum and providing a clear path to resolve conflicts.
ARBITRATION WITHOUT CONTRACTOR. Disputes arising from this Agreement between Design Professional and University which cannot be settled through negotiation or mediation, and which are not resolved by arbitration or litigation pursuant to subparagraphs 9.3.1. and 9.3.2 shall be subject to arbitration without Contractor conducted in accordance with the Construction Industry Arbitration Rules of the AAA then in effect. The following additional modifications shall be made to the aforesaid Rules of the AAA:
ARBITRATION WITHOUT CONTRACTOR. Disputes arising from this Agreement between CM and University which cannot be settled through negotiation or mediation, and which are not resolved by arbitration or litigation pursuant to subparagraphs 9.3.1.1 and 9.3.1.2 shall be subject to arbitration without Contractor conducted in accordance with the Construction Industry Arbitration Rules of the AAA then in effect. The following additional modifications shall be made to the aforesaid Rules of the AAA:
ARBITRATION WITHOUT CONTRACTOR. Dis- putes arising from this Agreement between Design Profes- sional and University which cannot be settled through negotiation or mediation, and which are not resolved by arbitration or litigation pursuant to subparagraphs 9.3.1. and 9.3.2 shall be subject to arbitration without Contractor conducted in accordance with the Construction Industry Arbitration Rules of the AAA then in effect. The following additional modifications shall be made to the aforesaid Rules of the AAA:
(1) Civil discovery shall be permitted for the production of documents and taking of depositions. Other discovery may be permitted in the discretion of the arbitrator. All disputes regarding discovery shall be decided by the arbitrator.
(2) University’s Representative and/or University’s consultants, shall if required by agreement with University, upon demand by University, join in and be bound by the arbitration.
(3) Concurrent disputes subject to this subparagraph