Arbitrator Qualifications. Unless Propco determines to not proceed with the exercise of the Call Right, any dispute, including regarding the terms and conditions of the Purchase Price, whether the exercise of the Call Right would be an Impermissible Transaction, the terms of the Property Lease (including the Property Lease Rent), or the terms of any other documents or issues with respect to the Property or the Call Right shall be submitted to and determined by an arbitration panel comprised of three members (the “Arbitration Panel”). No more than one panel member may be with the same firm, and no panel member may have an economic interest in the outcome of the arbitration. In addition, each panel member shall have (i) at least five years of experience as an arbitrator and at least one year of experience in a profession that directly relates to the ownership, operation, financing or leasing of gaming or other hospitality facilities similar to the Property or (ii) each panel member shall have at least one year of experience as an arbitrator and at least five years of experience in a profession that directly relates to the ownership, operation, financing or leasing of gaming or other hospitality facilities similar to the Property; provided, however, if the dispute is regarding an issue with respect to Gaming Laws or involving the Gaming Authorities then each panel member shall have at least five years in a profession that directly relates to the ownership, operation, financing or leasing of gaming facilities similar to the Property.
Arbitrator Qualifications. Any dispute required pursuant to the terms and conditions of this Agreement to be resolved by arbitration shall be submitted to and determined by an arbitration panel comprised of three (3) members (the “Arbitration Panel”). No more than one (1) panel member may be with the same firm, and no panel member may have an economic interest in the outcome of the arbitration. In addition, each panel member shall have (i) at least ten (10) years of experience as an arbitrator and at least one (1) year of experience in a profession that directly relates to the ownership, operation, financing or leasing of gaming or other hospitality facilities similar to the Eastside Convention Center Property, as applicable, or (ii) at least one (1) year of experience as an arbitrator and at least ten (10) years of experience in a profession that directly relates to the ownership, operation, financing or leasing of gaming or other hospitality facilities similar to the HLV Property or Eastside Convention Center Property, as applicable.
Arbitrator Qualifications. Unless the Parties otherwise agree in writing, the arbitration shall be conducted using a panel of three (3) arbitrators ("Arbitration Panel") who are selected by the Parties in accordance with the AAA Rules from the AAA National Commercial Panel and who are practicing attorneys who have experience with respect to equipment and supplies transactions for large manufacturing facilities. If the procedures of the AAA Rules do not result in the selection by the Parties of a panel of three (3) arbitrators, then each Party shall appoint to the Arbitration Panel one (1) neutral arbitrator who meets the required qualifications, and the two (2) neutral arbitrators selected by the Parties shall appoint a third neutral arbitrator who meets such qualifications. If either Party does not appoint a neutral arbitrator within two (2) weeks of being notified that it is required to do so, the AAA will appoint an arbitrator for such Party.
Arbitrator Qualifications. For purposes of this Paragraph, “arbitrator” shall mean a licensed commercial real estate broker or leasing agent with not less than five (5) years of full-time commercial brokerage experience in San Mateo County.
Arbitrator Qualifications. Unless Propco determines to not proceed with the exercise of the Call Right, any dispute, including regarding the terms and conditions of the Purchase Price, whether the exercise of the Call Right would be an Impermissible Transaction, the terms of the Property Lease (including the Property Lease Rent), or the terms of any other documents or issues with respect to the Property or the Call Right shall be submitted to and determined by an arbitration panel comprised of three members (the “Arbitration Panel”). No more than one panel member may be with the same firm, and no panel member may have an economic interest in the outcome of the arbitration. In addition, each panel member shall have
Arbitrator Qualifications. Each Member shall select one arbitrator and be financially responsible for the fees and costs of preparing its case including, without limitation, the costs and fees of its arbitrator. If there are more than two Members to the dispute, adverse to one another, the Members should make a good faith effort to unanimously agree on two arbitrators. If no such agreement can be reached, the arbitration requirements of this Agreement shall not apply. The two arbitrators shall select a third arbitrator and both parties shall share equally the costs and fees of the third arbitrator. Such arbitrators shall be selected in accordance with ICC Rules and, in addition, must be fluent in the English language, either a retired judge or practicing attorney having at least ten (10) years litigation experience and conversant in the technology relative to matters in dispute.
Arbitrator Qualifications. 40. All arbitrators shall be attorneys and shall have at least ten years experience in his or her field.
Arbitrator Qualifications. Unless the Parties otherwise agree in writing, the arbitration shall be conducted using a panel of three (3) arbitrators (“Arbitration Panel”) who have experience with respect to equipment and supplies transactions for large manufacturing facilities. Each Party shall appoint to the Arbitration Panel one (1) neutral arbitrator who meets the required qualifications, and the two (2) neutral arbitrators selected by the Parties shall appoint a third neutral arbitrator who meets such qualifications. If either Party does not appoint a neutral arbitrator within two (2) weeks of being notified that it is required to do so, the ADR will appoint an arbitrator for such Party.
Arbitrator Qualifications. Unless Propco determines to not proceed with the exercise of the Call Right, any dispute, including regarding the terms and conditions of the Purchase Price, whether a Debt Limitation existsthe exercise of the Call Right would be an Impermissible Transaction, the terms of the Property Lease, (including the Property Lease Rent,), or the terms of any other documents or issues with respect to the Property or the Call Right shall be submitted to and determined by an arbitration panel comprised of three members (the “Arbitration Panel”). No more than one panel member may be with the same firm, and no panel member may have an economic interest in the outcome of the arbitration. In addition, each panel member shall have (i) at least [ten (10)five years] of experience as an arbitrator and at least [ten (10) years]one year of experience in a profession that directly relates to the ownership, operation, financing or leasing of gaming facilities similar to the Property.or other hospitality facilities similar to the Property or (ii) each panel member shall have at least one year of experience as an arbitrator and at least five years of experience in a profession that directly relates to the ownership, operation, financing or leasing of gaming or other hospitality facilities similar to the Property; provided, however, if the dispute is regarding an issue with respect to Gaming Laws or involving the Gaming Authorities then each panel member shall have at least five years in a profession that directly relates to the ownership, operation, financing or leasing of gaming facilities similar to the Property.
Arbitrator Qualifications. The arbitrator qualifications identified in the Model DR Agreement (III.G) are intended to address two separate issues—the ability of the arbitrators to ensure that the parties receive a fundamentally fair hearing and the arbitrators’ ability to render a well-reasoned decision given the nature of the dispute. In international commercial arbitration, all of the arbitrators are expected to be impartial and independent of the parties and their counsel. The arbitral rules of all major international arbitration institutions so provide, although the precise choice of words used to delineate this requirement may vary slightly. Therefore, when the parties have incorporated a set of arbitral rules as part of their agreement to arbitrate, there is no reason for them to include this express requirement. It should be noted, however, that the requirement that the arbitrators be impartial and independent does not mean that there can be no ex parte communications between arbitrator candidates and the parties at the arbitrator-appointment stage. Instead, the general prohibition on ex parte communications with the arbitrators normally does not prohibit the parties from communicating with potential candidates for appointment as a neutral party-appointed arbitrator for the purpose of determining the candidate’s suitability to serve as an arbitrator in the proceeding, as well as the arbitrator’s rates and availability. Most rules and some ethical guidelines therefore permit the parties, at the pre-appointment stage, to discuss with arbitrator candidates the general nature of the dispute, matters bearing on arbitrator qualifications, such as knowledge of an industry, language proficiency, and experience as an arbitrator, arbitrator rates, and arbitrator availability. Thereafter, ex parte contacts are severely restricted, although parties are also allowed to communicate with their party-appointed arbitrator regarding suitability of candidates to serve as the chairman or presiding arbitrator of the tribunal. Anyone contemplating ex parte communications with the tribunal after its constitution should refrain from doing so unless the parties and members of the tribunal expressly agree otherwise. Sometimes circumstances will necessitate ex parte contacts, for example, with regard to logistical matters; but if such ex parte communications do occur, they should be promptly disclosed to the other parties and arbitrators. Drafters of international petroleum agreements should be careful...
