Arbitrators. (a) Within fifteen days after a valid Arbitration Demand Notice is given, the parties involved in the dispute, controversy or claim referenced therein shall attempt to select a sole arbitrator satisfactory to all such parties. (b) If such parties are not able jointly to select a sole arbitrator within such fifteen-day period, such parties shall each appoint an arbitrator within thirty days after delivery of the Arbitration Demand Notice. If one party appoints an arbitrator within such time period and the other party or parties fail to appoint an arbitrator within such time period, the arbitrator appointed by the one party shall be the sole arbitrator of the matter. (c) If a sole arbitrator is not selected pursuant to paragraph (a) or (b) above and, instead, two or more arbitrators are selected pursuant to paragraph (b) above, the arbitrators shall, within thirty days after the appointment of the later of them to be appointed, select an additional arbitrator who shall act as the sole arbitrator of the dispute. After selection of such sole arbitrator, the initial arbitrators shall have no further role with respect to the dispute. In the event that the arbitrators so appointed do not, within thirty days after the appointment of the later of them to be appointed, agree on the selection of the sole arbitrator, any party involved in such dispute may apply to the American Arbitration Association to select the sole arbitrator, which selection shall be made by such organization within thirty days after such application. Any arbitrator selected pursuant to this paragraph (c) shall be disinterested with respect to any of the parties and the matter and shall be reasonably competent in the applicable subject matter. (d) The sole arbitrator selected pursuant to paragraph (a), (b) or (c) above shall set a time for the hearing of the matter which will commence no later than ninety days after the date of appointment of the sole arbitrator pursuant to paragraph (a), (b) or (c) above and which hearing will be no longer than thirty days (unless in the judgment of the arbitrator the matter is unusually complex and sophisticated and thereby requires a longer time, in which event such hearing shall be no longer than ninety days). The final decision of such arbitrator will be rendered in writing to the parties not later than sixty days after the last hearing date, unless otherwise agreed by the parties in writing. (e) The place of any arbitration hereunder will be New York, New York, unless otherwise agreed by the parties.
Appears in 5 contracts
Samples: Separation Agreement (Ceva Inc), Separation Agreement (DSP Group Inc /De/), Separation Agreement (Ceva Inc)
Arbitrators. (a) Within fifteen 15 days after a valid Arbitration Demand Notice is givenreceived, the parties involved in the dispute, controversy or claim referenced therein shall attempt to select a sole arbitrator satisfactory to all such both parties.
(b) If such In the event that the parties are not able jointly to select a sole arbitrator within such fifteen15-day period, such the parties shall each appoint an arbitrator (who need not be disinterested as to the parties or the matter) within thirty 30 days after delivery of the Arbitration Demand NoticeDemand. If one party appoints an arbitrator within such time period and the other party or parties fail fails to appoint an arbitrator within such time period, the arbitrator appointed by the one party shall be the sole arbitrator of the matter.
(c) If In the event that a sole arbitrator is not selected pursuant to paragraph (a) or (b) above and, instead, two or more arbitrators are selected pursuant to paragraph (b) above, the two arbitrators shallwill, within thirty 30 days after the appointment of the later of them to be appointed, select an additional arbitrator who shall act as the sole arbitrator of the dispute. After selection of such sole arbitrator, the initial arbitrators shall have no further role with respect to the dispute. In the event that the arbitrators so appointed do not, within thirty 30 days after the appointment of the later of them to be appointed, agree on the selection of the sole arbitrator, any party involved in such dispute may apply to the American Arbitration Association CPR to select the sole arbitrator, which selection shall be made by such organization CPR within thirty 30 days after such application. Any arbitrator selected pursuant to this paragraph (c) shall be disinterested with respect to any of the parties and the matter and shall be reasonably competent in the applicable subject mattermatter of the Dispute.
(d) The sole arbitrator selected pursuant to paragraph (a), (b) or (c) above shall will set a time for the hearing of the matter which will commence no later than ninety 90 days after the date of appointment of the sole arbitrator pursuant to paragraph (a), (b) or (c) above and which hearing will be no longer than thirty 30 days (unless in the judgment of the arbitrator the matter is unusually complex and sophisticated and thereby requires a longer time, in which event such hearing shall be no longer than ninety 90 days). The final decision of such arbitrator will be rendered in writing to the parties not later than sixty 60 days after the last hearing date, unless otherwise agreed by the parties in writing.
(e) The place of any arbitration hereunder will be New YorkDenver, New YorkColorado, unless otherwise agreed by the parties.
Appears in 4 contracts
Samples: Alternative Dispute Resolution Agreement (Omnova Solutions Inc), Alternative Dispute Resolution Agreement (Gencorp Inc), Alternative Dispute Resolution Agreement (Omnova Solutions Inc)
Arbitrators. (a) Within fifteen 15 days after a valid Arbitration Demand Notice is given, the parties involved in the dispute, controversy or claim referenced therein shall attempt to select a sole arbitrator satisfactory to all such parties.
(b) If In the event that such parties are not able jointly to select a sole arbitrator within such fifteen15-day period, such parties shall each appoint an arbitrator (who need not be disinterested as to the parties or the matter) within thirty 30 days after delivery of the Arbitration Demand Notice. If one party appoints an arbitrator within such time period and the other party or parties fail to appoint an arbitrator within such time period, the arbitrator appointed by the one party shall be the sole arbitrator of the matter.
(c) If In the event that a sole arbitrator is not selected pursuant to paragraph (a) or (b) above and, instead, two or more arbitrators are selected pursuant to paragraph (b) above, the two arbitrators shallwill, within thirty 30 days after the appointment of the later of them to be appointed, select an additional arbitrator who shall act as the sole arbitrator of the dispute. After selection of such sole arbitrator, the initial arbitrators shall have no further role with respect to the dispute. In the event that the arbitrators so appointed do not, within thirty 30 days after the appointment of the later of them to be appointed, agree on the selection of the sole arbitrator, any party involved in such dispute may apply to the American Arbitration Association U.S. District Court for the Southern District of Texas to select the sole arbitrator, which selection shall be made by such organization within thirty 30 days after such application. Any arbitrator selected pursuant to this paragraph (c) shall be disinterested with respect to any each of the parties and the matter and shall be reasonably competent in the applicable subject matter.
(d) The sole arbitrator selected pursuant to paragraph (a), (b) or (c) above shall will set a time for the hearing of the matter matter, which will commence no later than ninety 90 days after the date of appointment of the sole arbitrator pursuant to paragraph (a), (b) or (c) above and which hearing will be no longer than thirty 30 days (unless in the judgment of the arbitrator the matter is unusually complex and sophisticated and thereby requires a longer time, in which event such hearing shall be no longer than ninety 90 days). The final decision of such arbitrator will be rendered in writing to the parties not later than sixty 60 days after the last hearing date, unless otherwise agreed by the parties in writing.
(e) The place of any arbitration hereunder will be New YorkHouston, New YorkTexas, unless otherwise agreed by the parties.
Appears in 3 contracts
Samples: Master Separation Agreement (Transocean Inc), Master Separation Agreement (Todco), Master Separation Agreement (Todco)
Arbitrators. (a) Within fifteen 15 days after a valid Arbitration Demand Notice is given, the parties involved in the dispute, controversy or claim referenced therein shall attempt to select a sole arbitrator satisfactory to all such parties.
(b) If In the event that such parties are not able jointly to select a sole arbitrator within such fifteen15-day period, such parties shall each appoint an arbitrator within thirty 30 days after delivery of the Arbitration Demand Notice. If one party appoints an arbitrator within such time period and the other party or parties fail to appoint an arbitrator within such time period, the arbitrator appointed by the one party shall be the sole arbitrator of the matter.
(c) If In the event that a sole arbitrator is not selected pursuant to paragraph (a) or (b) above and, instead, two or more three arbitrators are selected pursuant to paragraph (b) above, the two or three arbitrators shallwill, within thirty 30 days after the appointment of the later of them to be appointed, select an additional arbitrator who shall act as the sole arbitrator of the dispute. After selection of such sole arbitrator, the initial arbitrators shall have no further role with respect to the dispute. In the event that the arbitrators so appointed do not, within thirty 30 days after the appointment of the later of them to be appointed, agree on the selection of the sole arbitrator, any party involved in such dispute may apply to the American Arbitration Association CPR, New York, New York to select the sole arbitrator, which selection shall be made by such organization within thirty 30 days after such application. Any arbitrator selected pursuant to this paragraph (c) shall be disinterested with respect to any of the parties and the matter and shall be reasonably competent in the applicable subject matter.
(d) The sole arbitrator selected pursuant to paragraph (a), (b) or (c) above shall will set a time for the hearing of the matter which will commence no later than ninety 90 days after the date of appointment of the sole arbitrator pursuant to paragraph (a), (b) or (c) above and which hearing will be no longer than thirty 30 days (unless in the judgment of the arbitrator the matter is unusually complex and sophisticated and thereby requires a longer time, in which event such hearing shall be no longer than ninety 90 days). The final decision of such arbitrator will be rendered in writing to the parties not later than sixty 60 days after the last hearing date, unless otherwise agreed by the parties in writing.
(e) The place of any arbitration hereunder will be New YorkLos Angeles, New YorkCalifornia, unless otherwise agreed by the parties.
Appears in 3 contracts
Samples: Master Separation and Distribution Agreement (Ecost Com Inc), Separation and Distribution Agreement (Ubid Inc), Separation and Distribution Agreement (Creative Computers Inc)
Arbitrators. (a) Within fifteen days after a valid The party delivering the Arbitration Demand Notice is givenshall, within five days of the date of such notice, notify the AAA and the other parties involved in writing describing in reasonable detail the disputenature of the Dispute. The arbitration shall be conducted before three neutral arbitrators. Each party shall, controversy or claim referenced therein shall attempt to select a sole arbitrator satisfactory to all such parties.
(b) If such parties are not able jointly to select a sole arbitrator within such fifteen-day period, such parties shall each appoint an arbitrator within thirty 20 days after delivery of the date of the Arbitration Demand Notice, select one arbitrator. The parties shall mutually agree upon a third arbitrator. If one party appoints an arbitrator within such time period and the other party or parties fail to appoint an arbitrator within such time period, the arbitrator appointed by the one party shall be the sole arbitrator of the matter.
(c) If a sole third arbitrator is not selected pursuant to paragraph (a) or (b) above and, instead, two or more arbitrators are selected pursuant to paragraph (b) abovewithin 30 days of the date of the Arbitration Demand Notice, the two arbitrators shall, within thirty days after already selected shall select the appointment of the later of them to be appointed, select an additional arbitrator who shall act as the sole arbitrator of the dispute. After selection of such sole third arbitrator, the initial arbitrators shall have no further role with respect to the dispute. In the event that any arbitrator is or becomes unable to serve, his or her replacement will be selected in the arbitrators so appointed do notsame manner described above. The extent, within thirty days after if any, to which testimony previously given shall be repeated or as to which any replacement arbitrator elects to rely on the appointment stenographic record (if there is one) of such testimony shall be determined by the arbitrators. The vote of two of the later of them to be appointed, agree on the selection of the sole arbitrator, any party involved in such dispute may apply to the American Arbitration Association to select the sole arbitrator, which selection three arbitrators shall be made by such organization within thirty days after such application. Any arbitrator selected pursuant to required for any decision under this paragraph (c) shall be disinterested with respect to any of the parties and the matter and shall be reasonably competent in the applicable subject matter.Article V.
(d) The sole arbitrator selected pursuant to paragraph (a), (b) or (c) above shall The arbitrators will set a time for the hearing of the matter matter, which will commence no later than ninety 180 days (or the soonest Business Day thereafter) after the date of appointment of the sole third arbitrator pursuant to paragraph (a)Section 5.4(a) above, (b) or (c) above and which hearing will be no longer than thirty days (unless in the judgment of the arbitrator the matter is unusually complex and sophisticated and thereby requires a longer time, in which event such hearing shall be no longer than ninety 15 days). The arbitrators shall use their best efforts to reach a final decision of such arbitrator will be rendered and render the same in writing to the parties not later than sixty 60 days after the last hearing date, unless otherwise agreed by the parties in writing. Failure of the arbitrators to do so, however, shall not be a basis for challenging the decision. An arbitrator dissenting from a decision or portion thereof may issue a dissent from the decision or portion thereof in writing, stating the reasons therefor.
(ec) The place of any arbitration hereunder will be New YorkDallas, New YorkTexas, unless otherwise agreed by the partiesParties.
Appears in 3 contracts
Samples: Separation and Distribution Agreement (Nuvectra Corp), Separation and Distribution Agreement (Greatbatch, Inc.), Separation and Distribution Agreement (Qig Group, LLC)
Arbitrators. (a) Within fifteen 15 days after a valid Arbitration Demand Notice is given, the parties involved in the dispute, controversy or claim referenced therein shall attempt to select a sole arbitrator satisfactory to all such parties.
(b) If In the event that such parties are not able jointly to select a sole arbitrator within such fifteen15-day period, such parties shall each appoint an arbitrator within thirty 30 days after delivery of the Arbitration Demand Notice. If one party appoints an arbitrator within such time period and the other party or parties fail to appoint an arbitrator within such time period, the arbitrator appointed by the one party shall be the sole arbitrator of the matter.
(c) If In the event that a sole arbitrator is not selected pursuant to paragraph (a) or (b) above and, instead, two or more arbitrators are selected pursuant to paragraph (b) above, the two arbitrators shallwill, within thirty 30 days after the appointment of the later of them to be appointed, select an additional arbitrator who shall act as the sole arbitrator of the dispute. After selection of such sole arbitrator, the initial arbitrators shall have no further role with respect to the dispute. In the event that the arbitrators so appointed do not, within thirty 30 days after the appointment of the later of them to be appointed, agree on the selection of the sole arbitrator, any party involved in such dispute may apply to the American Arbitration Association Association, Cincinnati, Ohio ("AAA"), to select the sole arbitrator, which selection shall be made by such organization within thirty 30 days after such application. Any arbitrator selected pursuant to this paragraph (c) shall be disinterested with respect to any of the parties and the matter and shall be reasonably competent in the applicable subject matter.
(d) The sole arbitrator selected pursuant to paragraph (a), (b) or (c) above shall will set a time for the hearing of the matter which will commence no later than ninety 90 days after the date of appointment of the sole arbitrator pursuant to paragraph (a), (b) or (c) above and which hearing will be no longer than thirty 30 days (unless in the judgment of the arbitrator the matter is unusually complex and sophisticated and thereby requires a longer time, in which event such hearing shall be no longer than ninety 90 days). The final decision of such arbitrator will be rendered in writing to the parties not later than sixty 60 days after the last hearing date, unless otherwise agreed by the parties in writing.
(e) The place of any arbitration hereunder will be New YorkCincinnati, New YorkOhio, unless otherwise agreed by the parties.
Appears in 3 contracts
Samples: Plan of Reorganization and Distribution Agreement (Convergys Corp), Plan of Reorganization and Distribution Agreement (Convergys Corp), Plan of Reorganization and Distribution Agreement (Cincinnati Bell Inc /Oh/)
Arbitrators. (a) Within fifteen 15 days after a valid an Arbitration Demand Notice is given, the parties involved in the dispute, controversy or claim Dispute referenced therein shall attempt to select a sole arbitrator satisfactory to all such parties.
(b) If In the event that such parties are not able jointly to select a sole arbitrator within such fifteen15-day period, each such parties party shall each appoint an arbitrator within thirty 30 days after delivery of the Arbitration Demand Notice. If one party appoints an arbitrator within such time period and the other party or parties fail to appoint an arbitrator within such time period, the arbitrator appointed by the one party shall be the sole arbitrator of the matterDispute.
(c) If In the event that a sole arbitrator is not selected pursuant to paragraph (a) or (b) above and, instead, two or more arbitrators are selected pursuant to paragraph (b) above, the two arbitrators shallwill, within thirty 30 days after the appointment of the later of them to be appointed, select an additional arbitrator who shall act as the sole arbitrator of the dispute. After selection of such sole arbitrator, the initial arbitrators shall have no further role with respect to the disputeDispute. In the event that the arbitrators so appointed do not, within thirty 30 days after the appointment of the later of them to be appointed, agree on the selection of the sole arbitrator, any party involved in such dispute Dispute may apply to the American Arbitration Association CPR to select the sole arbitrator, which shall make such selection shall be made by such organization within thirty 30 days after such application. Any The arbitrator selected pursuant to this paragraph (c) shall be disinterested have no business or other relationship with respect to any of the parties and the matter and shall be reasonably competent in the applicable subject matterDispute.
(d) The sole arbitrator selected pursuant to paragraph (a), (b) or (c) above shall will set a time for the hearing of the matter Dispute which will commence no later than ninety 90 days after the date of appointment of the sole arbitrator pursuant to paragraph (a), (b) his or (c) above and which her appointment. The hearing will be no longer than thirty 30 days (unless in the judgment of the arbitrator the matter is unusually complex and sophisticated and thereby requires a longer time, in which event such hearing shall be no longer than ninety 90 days). The arbitrator must render a final decision of such arbitrator will be rendered in writing to the parties not later than sixty 60 days after the last hearing date, unless otherwise agreed by the parties in writing.
(e) The place of for any arbitration hereunder will be New YorkFort Lauderdale, New York, unless otherwise agreed by the partiesFlorida.
Appears in 3 contracts
Samples: Separation and Distribution Agreement (Anc Rental Corp), Separation and Distribution Agreement (Anc Rental Corp), Separation and Distribution Agreement (Autonation Inc /Fl)
Arbitrators. (a) Within fifteen days after a valid The party delivering the Arbitration Demand Notice is givenshall notify the American Arbitration Association (“AAA”) and the other parties in writing describing in reasonable detail the nature of the dispute. Within 20 days of the date of the Arbitration Demand Notice, each party to the dispute shall select one arbitrator from the members of a panel of arbitrators of the AAA. The selected arbitrators shall then jointly select a third arbitrator from the members of a panel of arbitrators of the AAA, and such third arbitrator shall be disinterested with respect to each of the parties and shall be experienced in complex commercial arbitration. In the event that the parties’ selected arbitrators are unable to agree on the selection of the third arbitrator, the parties involved in AAA shall select the disputethird arbitrator, controversy or claim referenced therein shall attempt to select a sole arbitrator satisfactory to all such parties.
(b) If such parties are not able jointly to select a sole arbitrator within such fifteen-day period, such parties shall each appoint an arbitrator within thirty 45 days after delivery of the date of the Arbitration Demand Notice. If one party appoints an arbitrator within such time period and the other party or parties fail to appoint an arbitrator within such time period, the arbitrator appointed by the one party shall be the sole arbitrator of the matter.
(c) If a sole arbitrator is not selected pursuant to paragraph (a) or (b) above and, instead, two or more arbitrators are selected pursuant to paragraph (b) above, the arbitrators shall, within thirty days after the appointment of the later of them to be appointed, select an additional arbitrator who shall act as the sole arbitrator of the dispute. After selection of such sole arbitrator, the initial arbitrators shall have no further role with respect to the dispute. In the event that any arbitrator is unable to serve, his replacement will be selected in the arbitrators so appointed do not, within thirty days after same manner as the appointment arbitrator to be replaced. The vote of two of the later of them to be appointed, agree on the selection of the sole arbitrator, any party involved in such dispute may apply to the American Arbitration Association to select the sole arbitrator, which selection three arbitrators shall be made by such organization within thirty days after such application. Any arbitrator selected pursuant to required for any decision under this paragraph (c) shall be disinterested with respect to any of the parties and the matter and shall be reasonably competent in the applicable subject matterArticle VII.
(db) The sole arbitrator selected pursuant to paragraph (a), (b) or (c) above shall arbitrators will set a time for the hearing of the matter which will commence no later than ninety 180 days after the date of appointment of the sole third arbitrator pursuant to paragraph (a), (b) or (c) above and which hearing will be no longer than thirty 30 days (unless in the judgment of the arbitrator arbitrators the matter is unusually complex and sophisticated and thereby requires a longer time, in which event such hearing shall be no longer than ninety 90 days). The final decision of such arbitrator arbitrators will be rendered in writing to the parties not later than sixty 60 days after the last hearing dateday of the hearing, unless otherwise agreed by the parties in writing.
(ec) The place of any arbitration hereunder will be New YorkHouston, New YorkTexas and the language of any arbitration hereunder will be English, unless otherwise agreed by the parties. Unless otherwise agreed by the parties, the arbitration hearing shall be conducted on consecutive days.
Appears in 3 contracts
Samples: Master Separation Agreement (Halliburton Co), Master Separation Agreement (Kbr, Inc.), Master Separation Agreement (Kbr, Inc.)
Arbitrators. (a) Within fifteen 15 days after a valid Arbitration Demand Notice is given, the parties involved in the dispute, controversy or claim referenced therein shall attempt to select a sole arbitrator satisfactory to all such parties.
(b) If In the event that such parties are not able jointly to select a sole arbitrator within such fifteen15-day period, such parties shall each appoint an arbitrator within thirty 30 days after delivery of the Arbitration Demand Notice. If one party appoints an arbitrator within such time period and the other party or parties fail to appoint an arbitrator within such time period, the arbitrator appointed by the one party shall be the sole arbitrator of the matter.
(c) If In the event that a sole arbitrator is not selected pursuant to paragraph (a) or (b) above and, instead, two or more arbitrators are selected pursuant to paragraph (b) above, the two arbitrators shallwill, within thirty 30 days after the appointment of the later of them to be appointed, select an additional arbitrator who shall act as the sole arbitrator of the dispute. After selection of such sole arbitrator, the initial arbitrators shall have no further role with respect to the dispute. In the event that the arbitrators so appointed do not, within thirty 30 days after the appointment of the later of them to be appointed, agree on the selection of the sole arbitrator, any party involved in such dispute may apply to the American Arbitration Association Center for Public Resources ("CPR") to select the sole arbitrator, which selection shall be made by such organization within thirty 30 days after such application. Any arbitrator selected pursuant to this paragraph (c) shall be disinterested with respect to any of the parties and the matter and shall be reasonably competent in the applicable subject matter.
(d) The sole arbitrator selected pursuant to paragraph (a), (b) or (c) above shall will set a time for the hearing of the matter which will commence no later than ninety 90 days after the date of appointment of the sole arbitrator pursuant to paragraph (a), (b) or (c) above and which hearing will be no longer than thirty 30 days (unless in the judgment of the arbitrator the matter is unusually complex and sophisticated and thereby requires a longer time, in which event such hearing shall be no longer than ninety 90 days). The final decision of such arbitrator will be rendered in writing to the parties not later than sixty 60 days after the last hearing date, unless otherwise agreed by the parties in writing.
(e) The place of any arbitration hereunder will be New YorkFort Lauderdale, New YorkFlorida, unless otherwise agreed by the parties.
Appears in 3 contracts
Samples: Separation and Distribution Agreement (Republic Services Inc), Separation and Distribution Agreement (Republic Industries Inc), Separation and Distribution Agreement (Republic Services Inc)
Arbitrators. (a) Within fifteen 15 days after a valid Arbitration Demand Notice is given, the parties involved in the dispute, controversy or claim referenced therein shall attempt to select a sole arbitrator satisfactory to all such parties.
(b) If In the event that such parties are not able jointly to select a sole arbitrator within such fifteen15-day period, such parties shall each appoint an arbitrator within thirty 30 days after delivery of the Arbitration Demand Notice. If one party appoints an arbitrator within such time period and the other party or parties fail to appoint an arbitrator within such time period, the arbitrator appointed by the one party shall be the sole arbitrator of the matter.
(c) If In the event that a sole arbitrator is not selected pursuant to paragraph (a) or (b) above and, instead, two or more arbitrators are selected pursuant to paragraph (b) above, the two or more arbitrators shallwill, within thirty 30 days after the appointment of the later of them to be appointed, select an additional arbitrator who shall act as the sole arbitrator of the dispute. After selection of such sole arbitrator, the initial arbitrators shall have no further role with respect to the dispute. In the event that the arbitrators so appointed do not, within thirty 30 days after the appointment of the later of them to be appointed, agree on the selection of the sole arbitrator, any party involved in such dispute may apply to the American Arbitration Association CPR, New York, New York to select the sole arbitrator, which selection shall be made by such organization within thirty 30 days after such application. Any arbitrator selected pursuant to this paragraph (c) shall be disinterested with respect to any of the parties and the matter and shall be reasonably competent in the applicable subject matter.
(d) The sole arbitrator selected pursuant to paragraph (a), (b) or (c) above shall will set a time for the hearing of the matter which will commence no later than ninety 90 days after the date of appointment of the sole arbitrator pursuant to paragraph (a), (b) or (c) above and which hearing will be no longer than thirty 30 days (unless in the judgment of the arbitrator the matter is unusually complex and sophisticated and thereby requires a longer time, in which event such hearing shall be no longer than ninety 90 days). The final decision of such arbitrator will be rendered in writing to the parties not later than sixty 60 days after the last hearing date, unless otherwise agreed by the parties in writing.
(e) The place of any arbitration hereunder will be New York, New York, unless otherwise agreed by the parties.
Appears in 3 contracts
Samples: Separation Agreement (Net2phone Inc), Separation Agreement (Net2phone Inc), Separation Agreement (Idt Corp)
Arbitrators. (a) Within fifteen days after a valid The party delivering the Arbitration Demand Notice is givenshall notify the American Arbitration Association (“AAA”) and the other parties in writing describing in reasonable detail the nature of the dispute. Within 30 days of the date of the Arbitration Demand Notice, each party to the dispute shall select one arbitrator from the members of a panel of arbitrators of the AAA. The selected arbitrators shall then jointly select a third arbitrator from the members of a panel of arbitrators of the AAA, and such third arbitrator shall be disinterested with respect to each of the parties and shall be experienced in complex commercial arbitration. In the event that the parties’ selected arbitrators are unable to agree on the selection of the third arbitrator, the parties involved in AAA shall select the disputethird arbitrator, controversy or claim referenced therein shall attempt to select a sole arbitrator satisfactory to all such parties.
(b) If such parties are not able jointly to select a sole arbitrator within such fifteen-day period, such parties shall each appoint an arbitrator within thirty 60 days after delivery of the date of the Arbitration Demand Notice. If one party appoints an arbitrator within such time period and the other party or parties fail to appoint an arbitrator within such time period, the arbitrator appointed by the one party shall be the sole arbitrator of the matter.
(c) If a sole arbitrator is not selected pursuant to paragraph (a) or (b) above and, instead, two or more arbitrators are selected pursuant to paragraph (b) above, the arbitrators shall, within thirty days after the appointment of the later of them to be appointed, select an additional arbitrator who shall act as the sole arbitrator of the dispute. After selection of such sole arbitrator, the initial arbitrators shall have no further role with respect to the dispute. In the event that any arbitrator is unable to serve, his replacement will be selected in the arbitrators so appointed do not, within thirty days after same manner as the appointment arbitrator to be replaced. The vote of two of the later of them to be appointed, agree on the selection of the sole arbitrator, any party involved in such dispute may apply to the American Arbitration Association to select the sole arbitrator, which selection three arbitrators shall be made by such organization within thirty days after such application. Any arbitrator selected pursuant to required for any decision under this paragraph (c) shall be disinterested with respect to any of the parties and the matter and shall be reasonably competent in the applicable subject matterArticle VI.
(db) The sole arbitrator selected pursuant to paragraph (a), (b) or (c) above shall arbitrators will set a time for the hearing of the matter which will commence no later than ninety 180 days after the date of appointment of the sole third arbitrator pursuant to paragraph (a), (b) or (c) above and which hearing will be no longer than thirty days 10 Business Days (unless in the judgment of the arbitrator arbitrators the matter is unusually complex and sophisticated and thereby requires a longer time, in which event such hearing shall be no longer than ninety days20 Business Days). The final decision of such arbitrator arbitrators will be rendered in writing to the parties not later than sixty 60 days after the last hearing dateday of the hearing, unless otherwise agreed by the parties in writing.
(ec) The place of any arbitration hereunder will be New YorkDenver, New YorkColorado and the language of any arbitration hereunder will be English, unless otherwise agreed by the parties. Unless otherwise agreed by the parties, the arbitration hearing shall be conducted on consecutive days.
Appears in 2 contracts
Samples: Separation and Distribution Agreement (Lone Pine Resources Inc.), Separation and Distribution Agreement (Lone Pine Resources Inc.)
Arbitrators. (a) Within fifteen 30 days after a valid Arbitration Demand Notice is given, the parties involved in the dispute, controversy or claim Dispute referenced therein shall attempt to select a sole arbitrator satisfactory to all such parties.
(b) If such parties are not able jointly to select a sole arbitrator within such fifteen30-day period, such parties shall each appoint an arbitrator (who need not be disinterested as to the parties or the matter) within thirty 45 days after delivery of the Arbitration Demand Notice. If one party appoints an arbitrator within such time period and the other party or parties fail to appoint an arbitrator within such time period, the arbitrator appointed by the one party shall be the sole arbitrator of the matter.
(c) If a sole arbitrator is not selected pursuant to paragraph (a) or (b) above and, instead, two or more arbitrators are selected pursuant to paragraph (b) above, the two arbitrators shallwill, within thirty 30 days after the appointment of the later of them to be appointed, select an additional arbitrator who shall act as the sole arbitrator of the dispute. After selection of such sole arbitrator, the initial arbitrators shall have no further role with respect to the dispute. In the event that If the arbitrators so appointed do not, within thirty 30 days after the appointment of the later of them to be appointed, agree on the selection of the sole arbitrator, any party involved in such dispute may apply to the American Arbitration Association U.S. District Court for the Southern District of Texas to select the sole arbitrator, which selection shall be made by such organization within thirty days after such application. Any arbitrator selected pursuant to this paragraph (c) shall be disinterested with respect to any each of the parties and the matter and shall be reasonably competent in the applicable subject matterparties.
(d) The sole arbitrator selected pursuant to paragraph (a), (b) or (c) above shall will set a time for the hearing of the matter which will commence no later than ninety 90 days after the date of appointment of the sole arbitrator pursuant to paragraph (a), (b) or (c) above and which hearing will be no longer than thirty 20 consecutive days (unless in the judgment of the arbitrator the matter is unusually complex and sophisticated and thereby requires a longer time, in which event such hearing shall be no longer than ninety 60 consecutive days). The final decision of such arbitrator will be rendered in writing to the parties not later than sixty 40 days after the last hearing date, unless otherwise agreed by the parties in writing.
(e) The place of any arbitration hereunder will be New YorkHouston, New YorkTexas, unless otherwise agreed by the parties.
Appears in 2 contracts
Samples: Master Separation Agreement (Plains Exploration & Production Co L P), Master Separation Agreement (Plains Resources Inc)
Arbitrators. (a) Within fifteen 15 days after a valid Arbitration Demand Notice is given, the parties involved in the dispute, controversy or claim referenced therein shall attempt to select as a sole arbitrator either an individual from a list previously agreed to by the parties or a retired judge from the United States District Court for the Southern District of New York satisfactory to all such parties.
(b) If In the event that such parties are not able jointly to select a sole arbitrator within such fifteen15-day period, any party may request that JAMS appoint an independent retired judge from the United States District Court for the Southern District of New York as a sole arbitrator. In the event that JAMS is unable to appoint such parties shall each appoint an individual as an arbitrator within thirty days a 15-day period after delivery of the Arbitration Demand Notice. If one party appoints an arbitrator within any such time period and the other party or parties fail to request, JAMS shall appoint an independent arbitrator within such time period, the arbitrator appointed by the one party shall be the sole arbitrator from its New York panel of the matterneutrals.
(c) If a sole arbitrator is not selected pursuant to paragraph (a) or (b) above and, instead, two or more arbitrators are selected pursuant to paragraph (b) above, the arbitrators shall, within thirty days after the appointment of the later of them to be appointed, select an additional arbitrator who shall act as the sole arbitrator of the dispute. After selection of such sole arbitrator, the initial arbitrators shall have no further role with respect to the dispute. In the event that the arbitrators so appointed do not, within thirty days after the appointment of the later of them to be appointed, agree on the selection of the sole arbitrator, any party involved in such dispute may apply to the American Arbitration Association to select the sole arbitrator, which selection shall be made by such organization within thirty days after such application. Any arbitrator selected pursuant to this paragraph (c) Section 8.4 shall be disinterested with respect to any of the parties and the matter and shall be reasonably competent in the applicable subject matter.
(d) The sole arbitrator selected pursuant to paragraph (a), ) or (b) or (c) above shall will set a time for the hearing of the matter which will commence no later than ninety 90 days after the date of appointment of the sole arbitrator pursuant to paragraph (a), (b) or (c) above and which hearing will be no longer than thirty 30 days (unless (I) in the judgment of the arbitrator the matter is unusually complex and sophisticated and thereby requires a longer time, in which event such hearing shall be no longer than ninety days90 days or (II) the parties involved in the arbitration agree in writing to a different time frame for the hearing). The final decision of such arbitrator will be rendered in writing to the parties not later than sixty 60 days after the last hearing date, unless otherwise agreed by the parties in writing.
(e) The place of any arbitration hereunder will be New York, New York, unless otherwise agreed by the partiesparties in writing.
Appears in 2 contracts
Samples: Separation and Distribution Agreement (Teradata Corp /De/), Separation and Distribution Agreement (Teradata Corp /De/)
Arbitrators. (a) Within fifteen 15 days after a valid Arbitration Demand Notice is given, the parties involved in the dispute, controversy or claim referenced therein shall attempt to select a sole arbitrator satisfactory to all such parties.
(b) If In the event that such parties are not able jointly to select a sole arbitrator within such fifteen15-day period, such parties shall each appoint an arbitrator within thirty 30 days after delivery of the Arbitration Demand Notice. If one party appoints an arbitrator within such time period and the other party or parties fail to appoint an arbitrator within such time period, the arbitrator appointed by the one party shall be the sole arbitrator of the matter.
(c) If In the event that a sole arbitrator is not selected pursuant to paragraph (a) or (b) above and, instead, two or more three arbitrators are selected pursuant to paragraph (b) above, the two or three arbitrators shallwill, within thirty 30 days after the appointment of the later of them to be appointed, select an additional arbitrator who shall act as the sole arbitrator of the dispute. After selection of such sole arbitrator, the initial arbitrators shall have no further role with respect to the dispute. In the event that the arbitrators so appointed do not, within thirty 30 days after the appointment of the later of them to be appointed, agree on the selection of the sole arbitrator, any party involved in such dispute may apply to the American Arbitration Association CPR, [New York, New York] to select the sole arbitrator, which selection shall be made by such organization within thirty 30 days after such application. Any arbitrator selected pursuant to this paragraph (c) shall be disinterested with respect to any of the parties and the matter and shall be reasonably competent in the applicable subject matter.
(d) The sole arbitrator selected pursuant to paragraph (a), (b) or (c) above shall will set a time for the hearing of the matter which will commence no later than ninety 90 days after the date of appointment of the sole arbitrator pursuant to paragraph (a), (b) or (c) above and which hearing will be no longer than thirty 30 days (unless in the judgment of the arbitrator the matter is unusually complex and sophisticated and thereby requires a longer time, in which event such hearing shall be no longer than ninety 90 days). The final decision of such arbitrator will be rendered in writing to the parties not later than sixty 60 days after the last hearing date, unless otherwise agreed by the parties in writing.
(e) The place of any arbitration hereunder will be New YorkLos Angeles, New YorkCalifornia, unless otherwise agreed by the parties.
Appears in 2 contracts
Samples: Separation and Distribution Agreement (Ubid Inc), Separation and Distribution Agreement (Ubid Inc)
Arbitrators. (a) Within fifteen 15 days after a valid Arbitration Demand Notice is given, the parties involved in the dispute, controversy or referenced claim referenced therein shall attempt to select a sole arbitrator satisfactory to all such parties.
(b) If such parties are not able jointly to select a sole arbitrator within such fifteen-15- day period, such parties shall each appoint an arbitrator (who need not be disinterested as to the parties or the matter) within thirty 30 days after delivery of the Arbitration Demand Notice. If one party appoints an arbitrator within such time period and the other party or parties fail to appoint an arbitrator within such time period, the arbitrator appointed by the one party shall be the sole arbitrator of the matter.
(c) If a sole arbitrator is not selected pursuant to paragraph (a) or (b) above and, instead, two or more three arbitrators are selected pursuant to paragraph (b) above, the two or three arbitrators shallwill, within thirty 30 days after the appointment of the later of them to be appointed, select an additional arbitrator who shall act as the sole arbitrator of the dispute. After selection of such sole arbitrator, the initial arbitrators shall have no further role with respect to the dispute. In the event that the arbitrators so appointed do not, within thirty 30 days after the appointment of the later of them to be appointed, agree on the selection of the sole arbitrator, any party involved in such dispute may apply to the American Arbitration Association CPR, New York, New York to select the sole arbitrator, which selection shall be made by such organization within thirty 30 days after such application. Any arbitrator selected pursuant to this paragraph (c) shall be disinterested with respect to any of the parties and the matter and shall be reasonably competent in the applicable subject matter.
(d) The sole arbitrator selected pursuant to paragraph (a), (b) or (c) above shall will set a time for the hearing of the matter which will commence no later than ninety 90 days after the date of appointment of cf the sole arbitrator pursuant to paragraph (a), (b) or (c) above and which hearing will be no longer than thirty 30 days (unless in the judgment of the arbitrator the matter is unusually complex and sophisticated and thereby requires a longer time, in which event such hearing shall be no longer than ninety 90 days)) . The final decision of or such arbitrator will be rendered in writing to the parties not later than sixty 60 days after the last hearing date, unless otherwise agreed by the parties in writing.
(e) The place of any arbitration hereunder will be New YorkAtlanta, New YorkGeorgia, unless otherwise agreed by the parties.
Appears in 2 contracts
Samples: Separation Agreement (Healthcare Recoveries Inc), Separation Agreement (Healthcare Recoveries Inc)
Arbitrators. (a) Within fifteen 15 days after a valid Arbitration Demand Notice is given, the parties involved in the dispute, controversy or claim referenced therein shall attempt to select a sole arbitrator satisfactory to all such parties.
(b) If In the event that such parties are not able jointly to select a sole arbitrator within such fifteen15-day period, such parties shall each appoint an arbitrator (who need not be disinterested as to the parties or the matter) within thirty 30 days after delivery of the Arbitration Demand Notice. If one party appoints an arbitrator within such time period and the other party or parties fail to appoint an arbitrator within such time period, the arbitrator appointed by the one party shall be the sole arbitrator of the matter.
(c) If In the event that a sole arbitrator is not selected pursuant to paragraph (a) or (b) above and, instead, two or more arbitrators are selected pursuant to paragraph (b) above, the two arbitrators shallwill, within thirty 30 days after the appointment of the later of them to be appointed, select an additional arbitrator who shall act as the sole arbitrator of the dispute. After selection of such sole arbitrator, the initial arbitrators shall have no further role with respect to the dispute. In the event that the arbitrators so appointed do not, within thirty 30 days after the appointment of the later of them to be appointed, agree on the selection of the sole arbitrator, any party involved in such dispute may apply to the American Arbitration Association CPR, New York, New York to select the sole arbitrator, which selection shall be made by such organization within thirty 30 days after such application. Any arbitrator selected pursuant to this paragraph (c) shall be disinterested with respect to any of the parties and the matter and shall be reasonably competent in the applicable subject matter. In disputes involving the Tax Sharing Agreement the arbitrator appointed shall be either a tax attorney or an independent certified public accountant.
(d) The sole arbitrator selected pursuant to paragraph (a), (b) or (c) above shall will set a time for the hearing of the matter which will commence no later than ninety 90 days after the date of appointment of the sole arbitrator pursuant to paragraph (a), (b) or (c) above and which hearing will be no longer than thirty 30 days (unless in the judgment of the arbitrator the matter is unusually complex and sophisticated and thereby requires a longer time, in which event such hearing shall be no longer than ninety 90 days). The final decision award of such arbitrator will be rendered in writing to the parties not later than sixty 60 days after the last hearing date, unless otherwise agreed by the parties in writing.
(e) The place of any arbitration hereunder will be New YorkSt. Louis, New YorkMissouri, unless otherwise agreed by the parties.
Appears in 2 contracts
Samples: Distribution Agreement (Solutia Inc), Distribution Agreement (Queeny Chemical Co)
Arbitrators. (a) Within fifteen 15 days after a valid Arbitration Demand Notice is given, the parties involved in the dispute, controversy or claim referenced therein shall attempt to select a sole arbitrator satisfactory to all such parties.
(b) If In the event that such parties are not able jointly to select a sole arbitrator within such fifteen15-day period, such parties shall each appoint an arbitrator within thirty 30 days after delivery of the Arbitration Demand Notice. If one party appoints an arbitrator within such time period and the other party or parties fail to appoint an arbitrator within such time period, the arbitrator appointed by the one party shall be the sole arbitrator of the matter.
(c) If In the event that a sole arbitrator is not selected pursuant to paragraph (a) or (b) above and, instead, two or more three arbitrators are selected pursuant to paragraph (b) above, the two or three arbitrators shallwill, within thirty 30 days after the appointment of the later of them to be appointed, select an additional arbitrator who shall act as the sole arbitrator of the dispute. After selection of such sole arbitrator, the initial arbitrators shall have no further role with respect to the dispute. In the event that the arbitrators so appointed do not, within thirty 30 days after the appointment of the later of them to be appointed, agree on the selection of the sole arbitrator, any party involved in such dispute may apply to the American Arbitration Association CPR, New York, New York to select the sole arbitrator, which selection shall be made by such organization within thirty 30 days after such application. Any arbitrator selected pursuant to this paragraph (c) shall be disinterested with respect to any of the parties and the matter and shall be reasonably competent in the applicable subject matter.
(d) The sole arbitrator selected pursuant to paragraph (a), (b) or (c) above shall will set a time for the hearing of the matter which will commence no later than ninety 90 days after the date of appointment of the sole arbitrator pursuant to paragraph (a), (b) or (c) above and which hearing will be no longer than thirty 30 days (unless in the judgment of the arbitrator the matter is unusually complex and sophisticated and thereby requires a longer time, in which event such hearing shall be no longer than ninety 90 days). The final decision of such arbitrator will be rendered in writing to the parties not later than sixty 60 days after the last hearing date, unless otherwise agreed by the parties in writing.
(e) The place of any arbitration hereunder will be New York, New York, unless otherwise agreed by the parties.
Appears in 2 contracts
Samples: Separation and Distribution Agreement (At&t Corp), Separation and Distribution Agreement (Lucent Technologies Inc)
Arbitrators. (a) Within fifteen 15 days after a valid Arbitration Demand Notice is given, the parties involved in the dispute, controversy or claim referenced therein shall attempt to select a sole arbitrator satisfactory to all such parties.
(b) If In the event that such parties are not able jointly to select a sole arbitrator within such fifteen15-day period, such parties shall each appoint an arbitrator (who need not be disinterested as to the parties or the matter) within thirty 30 days after delivery of the Arbitration Demand Notice. If one party appoints an arbitrator within such time period and the other party or parties fail to appoint an arbitrator within such time period, the arbitrator appointed by the one party shall be the sole arbitrator of the matter.
(c) If In the event that a sole arbitrator is not selected pursuant to paragraph (a) or (b) above and, instead, two or more arbitrators are selected pursuant to paragraph (b) above, the two arbitrators shallwill, within thirty 30 days after the appointment of the later of them to be appointed, select an additional arbitrator who shall act as the sole arbitrator of the dispute. After selection of such sole arbitrator, the initial arbitrators shall have no further role with respect to the dispute. In the event that the arbitrators so appointed do not, within thirty 30 days after the appointment of the later of them to be appointed, agree on the selection of the sole arbitrator, any party involved in such dispute may apply to the American Arbitration Association Senior Judge of the U.S. District Court for the Southern District of Texas to select the sole arbitrator, which selection shall be made by such organization within thirty 30 days after such application. Any arbitrator selected pursuant to this paragraph (c) shall be disinterested with respect to any each of the parties and the matter and shall be reasonably competent in the applicable subject matter.
(d) The sole arbitrator selected pursuant to paragraph (a), (b) or (c) above shall will set a time for the hearing of the matter which will commence no later than ninety 90 days after the date of appointment of the sole arbitrator pursuant to paragraph (a), (b) or (c) above and which hearing will be no longer than thirty 30 days (unless in the judgment of the arbitrator the matter is unusually complex and sophisticated and thereby requires a longer time, in which event such hearing shall be no longer than ninety 90 days). The final decision of such arbitrator will be rendered in writing to the parties not later than sixty 60 days after the last hearing date, unless otherwise agreed by the parties in writing.
(e) The place of any arbitration hereunder will be New YorkHouston, New YorkTexas, unless otherwise agreed by the parties.
Appears in 2 contracts
Samples: Master Separation Agreement (Reliant Resources Inc), Master Separation Agreement (Reliant Resources Inc)
Arbitrators. (a) Within fifteen days after a valid The party delivering the Arbitration Demand Notice is givenshall, within five days of the date of such notice, notify the AAA and the other parties involved in writing describing in reasonable detail the disputenature of the Dispute. The arbitration shall be conducted before three neutral arbitrators. Each party shall, controversy or claim referenced therein shall attempt to select a sole arbitrator satisfactory to all such parties.
(b) If such parties are not able jointly to select a sole arbitrator within such fifteen-day period, such parties shall each appoint an arbitrator within thirty 20 days after delivery of the date of the Arbitration Demand Notice, select one arbitrator. The parties shall mutually agree upon a third arbitrator. If one party appoints an arbitrator within such time period and the other party or parties fail to appoint an arbitrator within such time period, the arbitrator appointed by the one party shall be the sole arbitrator of the matter.
(c) If a sole third arbitrator is not selected pursuant to paragraph (a) or (b) above and, instead, two or more arbitrators are selected pursuant to paragraph (b) abovewithin 30 days of the date of the Arbitration Demand Notice, the two arbitrators shall, within thirty days after already selected shall select the appointment of the later of them to be appointed, select an additional arbitrator who shall act as the sole arbitrator of the dispute. After selection of such sole third arbitrator, the initial arbitrators shall have no further role with respect to the dispute. In the event that any arbitrator is or becomes unable to serve, his or her replacement will be selected in the arbitrators so appointed do notsame manner described above. The extent, within thirty days after if any, to which testimony previously given shall be repeated or as to which any replacement arbitrator elects to rely on the appointment stenographic record (if there is one) of such testimony shall be determined by the arbitrators. The vote of two of the later of them to be appointed, agree on the selection of the sole arbitrator, any party involved in such dispute may apply to the American Arbitration Association to select the sole arbitrator, which selection three arbitrators shall be made by such organization within thirty days after such application. Any arbitrator selected pursuant to required for any decision under this paragraph (c) shall be disinterested with respect to any of the parties and the matter and shall be reasonably competent in the applicable subject matter.Article V.
(d) The sole arbitrator selected pursuant to paragraph (a), (b) or (c) above shall The arbitrators will set a time for the hearing of the matter matter, which will commence no later than ninety 180 days (or the soonest Business Day thereafter) after the date of appointment of the sole third arbitrator pursuant to paragraph (a)Section 5.4(a) above, (b) or (c) above and which hearing will be no longer than thirty 15 days (unless in the judgment of the arbitrator arbitrators the matter is unusually complex and sophisticated and thereby requires a longer time, in which event such hearing shall be no longer than ninety 20 days). The arbitrators shall use their best efforts to reach a final decision of such arbitrator will be rendered and render the same in writing to the parties not later than sixty 60 days after the last hearing date, unless otherwise agreed by the parties in writing. Failure of the arbitrators to do so, however, shall not be a basis for challenging the decision. An arbitrator dissenting from a decision or portion thereof may issue a dissent from the decision or portion thereof in writing, stating the reasons therefor.
(ec) The place of any arbitration hereunder will be New YorkHouston, New YorkTexas, unless otherwise agreed by the partiesParties.
Appears in 2 contracts
Samples: Master Separation Agreement (Babcock & Wilcox Co), Master Separation Agreement (McDermott International Inc)
Arbitrators. a. The arbitration shall be conducted before a board of three neutral arbitrators (a“Board”), all of whom shall have at least five years experience in real estate construction, development, operation or law (the “Qualifications”).
b. The arbitrators shall be selected in accordance with the following procedure:
(i) Within fifteen ten (10) days after a valid Arbitration Demand Notice is givenfollowing receipt by one party of the other party’s notice of arbitration, the parties involved in the dispute, controversy or claim referenced therein shall attempt to select a sole arbitrator satisfactory to all such parties.
(b) If such parties are not able jointly to select a sole arbitrator within such fifteen-day period, such parties HILP and BMDC shall each appoint an arbitrator within thirty days after delivery of designate one person with the Arbitration Demand Notice. If one party appoints an arbitrator within such time period and Qualifications to serve on the other party or parties fail to appoint an arbitrator within such time period, the arbitrator appointed by the one party shall be the sole arbitrator of the matter.
(c) If a sole arbitrator is not selected pursuant to paragraph (a) or (b) above and, instead, two or more arbitrators are selected pursuant to paragraph (b) above, the arbitrators shall, within thirty days after the appointment of the later of them to be appointed, select an additional arbitrator who shall act as the sole arbitrator of the dispute. After selection of such sole arbitrator, the initial arbitrators shall have no further role with respect to the disputeBoard. In the event that one party fails to designate a representative within said ten (10)-day period, then the arbitrators so appointed do not, representative designated by the other party shall select a representative for such party within thirty ten days after the appointment of the later of them to be appointed, agree on thereafter.
(ii) Within ten (10) days following the selection of the sole arbitratortwo members of the Board by the parties as provided in (i) above, any party involved in such dispute may apply to two arbitrators shall select the third member of the Board who shall possess the Qualifications. In the event such persons cannot agree on the third member of the Board, such member shall be selected by the two Board members from a list of at least five persons with the Qualifications submitted by the American Arbitration Association or its successor (“AAA”). If the two members of the Board fail to select accept the sole arbitratorthird arbitrator from such list, which selection the AAA shall have the power to appoint the third arbitrator with the Qualifications.
(iii) If an arbitrator should die, withdraw or otherwise become incapable of serving, a replacement shall be made by selected and appointed in a manner comparable to the manner of original selection of such organization within thirty days after such application. Any deceased, withdrawn or incapacitated arbitrator.
c. The arbitrator selected pursuant to this paragraph (c) by the two arbitrators or by the AAA shall be disinterested the Chairman. Upon consultation with the other arbitrators and the parties, the Chairman shall, at the earliest possible date, set dates for a hearing and establish any pre-hearing conferences or procedural schedules that the Board deems to be necessary and appropriate. If none of the arbitrators is a licensed attorney, the Chairman shall be entitled to retain an attorney for the limited purpose of advising the Board with respect to any legal matters, as reasonably necessary, including the issuance of protective orders and the admission of evidence.
d. The Chairman shall preside at all hearings and executive sessions of the parties Board. The Chairman may authorize depositions and issue subpoenas and make other decisions provided for below. All other decisions of the matter and Board shall be reasonably competent in the applicable subject matter.
(d) The sole arbitrator selected pursuant to paragraph (a), (b) or (c) above shall set by a time for the hearing majority of the matter which will commence no later than ninety days after the date of appointment of the sole arbitrator pursuant to paragraph (a)arbitrators, (b) or (c) above and which hearing will be no longer than thirty days (unless in the judgment of the arbitrator the matter is unusually complex and sophisticated and thereby requires a longer time, in which event such hearing shall be no longer than ninety days). The final decision of such arbitrator will be rendered in writing to the parties not later than sixty days after the last hearing date, unless otherwise agreed by the parties in writingagree otherwise.
(e) The place of any arbitration hereunder will be New York, New York, unless otherwise agreed by the parties.
Appears in 1 contract
Samples: Limited Liability Company Agreement
Arbitrators. (a) Within fifteen 15 days after a valid Arbitration Demand Notice is given, the parties involved in the dispute, controversy or referenced claim referenced therein shall attempt to select a sole arbitrator satisfactory to all such parties.
(b) If such parties are not able jointly to select a sole arbitrator within such fifteen15-day period, such parties shall each appoint an arbitrator (who need not be disinterested as to the parties or the matter) within thirty 30 days after delivery of the Arbitration Demand Notice. If one party appoints an arbitrator within such time period and the other party or parties fail to appoint an arbitrator within such time period, the arbitrator appointed by the one party shall be the sole arbitrator of the matter.
(c) If a sole arbitrator is not selected pursuant to paragraph (a) or (b) above and, instead, two or more three arbitrators are selected pursuant to paragraph (b) above, the two or three arbitrators shallwill, within thirty 30 days after the appointment of the later of them to be appointed, select an additional arbitrator who shall act as the sole arbitrator of the dispute. After selection of such sole arbitrator, the initial arbitrators shall have no further role with respect to the dispute. In the event that the arbitrators so appointed do not, within thirty 30 days after the appointment of the later of them to be appointed, agree on the selection of the sole arbitrator, any party involved in such dispute may apply to the American Arbitration Association CPR, New York, New York to select the sole arbitrator, which selection shall be made by such organization within thirty 30 days after such application. Any arbitrator selected pursuant to this paragraph (c) shall be disinterested with respect to any of the parties and the matter and shall be reasonably competent in the applicable subject matter.
(d) The sole arbitrator selected pursuant to paragraph (a), (b) or (c) above shall will set a time for the hearing of the matter which will commence no later than ninety 90 days after the date of appointment of cf the sole arbitrator pursuant to paragraph (a), (b) or (c) above and which hearing will be no longer than thirty 30 days (unless in the judgment of the arbitrator the matter is unusually complex and sophisticated and thereby requires a longer time, in which event such hearing shall be no longer than ninety 90 days)) . The final decision of or such arbitrator will be rendered in writing to the parties not later than sixty 60 days after the last hearing date, unless otherwise agreed by the parties in writing.
(e) The place of any arbitration hereunder will be New YorkAtlanta, New YorkGeorgia, unless otherwise agreed by the parties.
Appears in 1 contract
Samples: Separation Agreement (Medaphis Corp)
Arbitrators. (a) Within fifteen 15 days after a valid Arbitration Demand Notice is given, the parties involved in the dispute, controversy or claim referenced therein shall attempt to select a sole arbitrator satisfactory to all such parties.
(b) If In the event that such parties are not able jointly to select a sole arbitrator within such fifteen15-day period, such parties shall each appoint an arbitrator within thirty 30 days after delivery of the Arbitration Demand Notice. If one party appoints an arbitrator within such time period and the other party or parties fail to appoint an arbitrator within such time period, the arbitrator appointed by the one party shall be the sole arbitrator of the matter.
(c) If In the event that a sole arbitrator is not selected pursuant to paragraph (aSection 8.4(a) or (bSection 8.4(b) above and, instead, two or more three arbitrators are selected pursuant to paragraph (b) above, the two or three arbitrators shallwill, within thirty 30 days after the appointment of the later of them to be appointed, select an additional arbitrator who shall act as the sole arbitrator of the dispute. After selection of such sole arbitrator, the initial arbitrators shall have no further role with respect to the dispute. In the event that the arbitrators so appointed do not, within thirty days after the appointment of the later of them to be appointed, agree on the selection of the sole arbitrator, any party involved in such dispute may apply to the American Arbitration Association to select the sole arbitrator, which selection shall be made by such organization within thirty days after such application. Any arbitrator selected pursuant to this paragraph (cSection 8.4(c) shall be disinterested with respect to any of the parties and the matter and shall be reasonably competent in the applicable subject matter.
(d) The sole arbitrator selected pursuant to paragraph (aSection 8.4(a), (bSection 8.4(b) or (cSection 8.4(c) above shall will set a time for the hearing of the matter which will commence no later than ninety 90 days after the date of appointment of the sole arbitrator pursuant to paragraph (aSection 8.4(a), (bSection 8.4(b) or (cSection 8.4(c) above and which hearing will be no longer than thirty 30 days (unless in the judgment of the arbitrator the matter is unusually complex and sophisticated and thereby requires a longer time, in which event such hearing shall be no longer than ninety 90 days). The final decision of such arbitrator will be rendered in writing to the parties not later than sixty 60 days after the last hearing date, unless otherwise agreed by the parties in writing.
(e) The place of any arbitration hereunder will be New YorkSan Francisco, New YorkCalifornia, unless otherwise agreed by the parties.
Appears in 1 contract
Samples: Separation and Distribution Agreement (Collagen Corp /De)
Arbitrators. (a) Within fifteen (15) days after a valid Arbitration Demand Notice is given, the parties involved in the dispute, controversy or claim referenced therein shall attempt to select a sole arbitrator satisfactory to all such parties.
(b) If In the event that such parties are not able to jointly to select a sole arbitrator within such fifteen-fifteen (15) day period, such parties shall each appoint an arbitrator (who need not be disinterested as to the parties or the matter) within thirty (30) days after delivery of the Arbitration Demand Notice. If one party appoints an arbitrator within such time period and the other party or parties fail to appoint an arbitrator within such time period, the arbitrator appointed by the one party shall be the sole arbitrator of the matter.
(c) If In the event that a sole arbitrator is not selected pursuant to paragraph (a) or (b) above and, instead, two (2) or more three (3) arbitrators are selected pursuant to paragraph (b) above, the two or three arbitrators shallwill, within thirty (30) days after the appointment of the later of them to be appointed, select an additional arbitrator who shall act as the sole arbitrator of the dispute. After selection of such sole arbitrator, the initial arbitrators shall have no further role with respect to the dispute. In the event that the arbitrators so appointed do not, within thirty (30) days after the appointment of the later of them to be appointed, agree on the selection of the sole arbitrator, any party involved in such dispute may apply to the American Arbitration Association CPR, New York, New York, to select the sole arbitrator, which selection shall be made by such organization within thirty (30) days after such application. Any arbitrator selected pursuant to this paragraph (c) shall be disinterested with respect to any of the parties and the matter and shall be reasonably competent in the applicable subject matter.
(d) The sole arbitrator selected pursuant to paragraph (a), (b) or (c) above shall will set a time for the hearing of the matter which will commence no later than ninety (90) days after the date of appointment of the sole arbitrator pursuant to paragraph (a), (b) or (c) above and which hearing will be no longer than thirty days (unless in the judgment of the arbitrator the matter is unusually complex and sophisticated and thereby requires a longer time, in which event such hearing shall be no longer than ninety days). The final decision of such arbitrator will be rendered in writing to the parties not later than sixty days after the last hearing date, unless otherwise agreed by the parties in writing.
(e) The place of any arbitration hereunder will be New York, New York, unless otherwise agreed by the parties.the
Appears in 1 contract
Arbitrators. (a) Within fifteen days after a valid The party delivering the Arbitration Demand Notice is givenshall notify the American Arbitration Association (“AAA”) and the other parties in writing describing in reasonable detail the nature of the dispute. Within 30 days of the date of the Arbitration Demand Notice, each party to the dispute shall select one arbitrator from the members of a panel of arbitrators of the AAA. The selected arbitrators shall then jointly select a third arbitrator from the members of a panel of arbitrators of the AAA, and such third arbitrator shall be disinterested with respect to each of the parties and shall be experienced in complex commercial arbitration. In the event that the parties’ selected arbitrators are unable to agree on the selection of the third arbitrator, the parties involved in AAA shall select the dispute, controversy or claim referenced therein shall attempt to select a sole arbitrator satisfactory to all such parties.
(b) If such parties are not able jointly to select a sole third arbitrator within such fifteen-day period, such parties shall each appoint an arbitrator within thirty 60 days after delivery of the date of the Arbitration Demand Notice. If one party appoints an arbitrator within such time period and the other party or parties fail to appoint an arbitrator within such time period, the arbitrator appointed by the one party shall be the sole arbitrator of the matter.
(c) If a sole arbitrator is not selected pursuant to paragraph (a) or (b) above and, instead, two or more arbitrators are selected pursuant to paragraph (b) above, the arbitrators shall, within thirty days after the appointment of the later of them to be appointed, select an additional arbitrator who shall act as the sole arbitrator of the dispute. After selection of such sole arbitrator, the initial arbitrators shall have no further role with respect to the dispute. In the event that any arbitrator is unable to serve, his replacement will be selected in the arbitrators so appointed do not, within thirty days after same manner as the appointment arbitrator to be replaced. The vote of two of the later of them to be appointed, agree on the selection of the sole arbitrator, any party involved in such dispute may apply to the American Arbitration Association to select the sole arbitrator, which selection three arbitrators shall be made by such organization within thirty days after such application. Any arbitrator selected pursuant to required for any decision under this paragraph (c) shall be disinterested with respect to any of the parties and the matter and shall be reasonably competent in the applicable subject matterArticle VI.
(db) The sole arbitrator selected pursuant to paragraph (a), (b) or (c) above shall arbitrators will set a time for the hearing of the matter which will commence no later than ninety 180 days after the date of appointment of the sole third arbitrator pursuant to paragraph (a), (b) or (c) above and which hearing will be no longer than thirty days 10 Business Days (unless in the judgment of the arbitrator arbitrators the matter is unusually complex and sophisticated and thereby requires a longer time, in which event such hearing shall be no longer than ninety days20 Business Days). The final decision of such arbitrator arbitrators will be rendered in writing to the parties not later than sixty 60 days after the last hearing dateday of the hearing, unless otherwise agreed by the parties in writing.
(ec) The place of any arbitration hereunder will be New YorkDenver, New YorkColorado and the language of any arbitration hereunder will be English, unless otherwise agreed by the parties. Unless otherwise agreed by the parties, the arbitration hearing shall be conducted on consecutive days.
Appears in 1 contract
Samples: Separation and Distribution Agreement (Lone Pine Resources Inc.)
Arbitrators. (a) Within fifteen 15 days after a valid Arbitration Demand Notice is given, the parties involved in the dispute, controversy or claim referenced therein shall attempt to select a sole arbitrator satisfactory to all such parties.
(b) If In the event that such parties are not able jointly to select a sole arbitrator within such fifteen15-day period, such parties shall each appoint an arbitrator (who need not be disinterested as to the parties or the matter) within thirty 30 days after delivery of the Arbitration Demand Notice. If one party appoints an arbitrator within such time period and the other party or parties fail to appoint an arbitrator within such time period, the arbitrator appointed by the one party shall be the sole arbitrator of the matter.
(c) If In the event that a sole arbitrator is not selected pursuant to paragraph (a) or (b) above and, instead, two or more arbitrators are selected pursuant to paragraph (b) above, the two arbitrators shallwill, within thirty 30 days after the appointment of the later of them to be appointed, select an additional arbitrator who shall act as the sole arbitrator of the dispute. After selection of such sole arbitrator, the initial arbitrators shall have no further role with respect to the dispute. In the event that the arbitrators so appointed do not, within thirty 30 days after the appointment of the later of them to be appointed, agree on the selection of the sole arbitrator, any party involved in such dispute may apply to the American Arbitration Association Senior Judge of the U.S. District Court for the Southern District of Texas to select the sole arbitrator, which selection shall be made by such organization within thirty 30 days after such application. Any arbitrator selected pursuant to this paragraph (c) shall be disinterested with respect to any each of the parties and the matter and shall be reasonably competent in the applicable subject matter.
(d) The sole arbitrator selected pursuant to paragraph (a), (b) or (c) above shall will set a time for the hearing of the matter which will commence no later than ninety 90 days after the date of appointment of the sole arbitrator pursuant to paragraph (a), (b) or (c) above and which hearing will be no longer than thirty 30 days (unless in the judgment of the arbitrator the matter is unusually complex and sophisticated and thereby requires a longer time, in which event such hearing shall be no longer than ninety days). The final decision of such arbitrator will be rendered in writing to the parties not later than sixty days after the last hearing date, unless otherwise agreed by the parties in writing.
(e) The place of any arbitration hereunder will be New York, New York, unless otherwise agreed by the parties.such
Appears in 1 contract
Samples: Master Separation Agreement (Reliant Energy Resources Corp)
Arbitrators. (a) Within fifteen 15 days after a valid Arbitration Demand Notice is given, the parties involved in the dispute, controversy or claim referenced therein shall attempt to select a sole arbitrator satisfactory to all such parties.
(b) If In the event that such parties are not able jointly to select a sole arbitrator within such fifteen15-day period, such parties shall each appoint an arbitrator (who need not be disinterested as to the parties or the matter) within thirty 30 days after delivery of the Arbitration Demand Notice. If one party appoints an arbitrator within such time period and the other party or parties fail to appoint an arbitrator within such time period, the arbitrator appointed by the one party shall be the sole arbitrator of the matter.
(c) If In the event that a sole arbitrator is not selected pursuant to paragraph (a) or (b) above and, instead, two or more arbitrators are selected pursuant to paragraph (b) above, the two arbitrators shallwill, within thirty 30 days after the appointment of the later of them to be appointed, select an additional arbitrator who shall act as the sole arbitrator of the dispute. After selection of such sole arbitrator, the initial arbitrators shall have no further role with respect to the dispute. In the event that the arbitrators so appointed do not, within thirty 30 days after the appointment of the later of them to be appointed, agree on the selection of the sole arbitrator, any party involved in such dispute may apply to the American Arbitration Association CPR, New York, New York to select the sole arbitrator, which selection shall be made by such organization within thirty 30 days after such application. Any arbitrator selected pursuant to this paragraph (c) shall be disinterested with respect to any of the parties and the matter and shall be reasonably competent in the applicable subject matter. In disputes involving the Tax Sharing Agreement the arbitrator appointed shall be either a tax attorney or an independent certified public accountant.
(d) The sole arbitrator selected pursuant to paragraph (a), (b) or (c) above shall will set a time for the hearing of the matter which will commence no later than ninety 90 days after the date of appointment of the sole arbitrator pursuant to paragraph (a), (b) or (c) above and which hearing will be no longer than thirty 30 days (unless in the judgment of the arbitrator the matter is unusually complex and sophisticated and thereby requires a longer time, in which event such hearing shall be no longer than ninety days). The final decision of such arbitrator will be rendered in writing to the parties not later than sixty days after the last hearing date, unless otherwise agreed by the parties in writing.in
(e) The place of any arbitration hereunder will be New YorkSt. Louis, New YorkMissouri, unless otherwise agreed by the parties.
Appears in 1 contract
Samples: Distribution Agreement (Monsanto Co)
Arbitrators. (a) Within fifteen 15 days after a valid Arbitration Demand Notice is given, the parties involved in the dispute, controversy or claim referenced therein shall attempt to select a sole arbitrator satisfactory to all such parties.
(b) If In the event that such parties are not able jointly to select a sole arbitrator within such fifteen15-day period, such parties shall each appoint an arbitrator (who need not be disinterested as to the parties or the matter) within thirty 30 days after delivery of the Arbitration Demand Notice. If one party appoints an arbitrator within such time period and the other party or parties fail to appoint an arbitrator within such time period, the arbitrator appointed by the one party shall be the sole arbitrator of the matter.
(c) If In the event that a sole arbitrator is not selected pursuant to paragraph (a) or (b) above and, instead, two or more three arbitrators are selected pursuant to paragraph (b) above, the two or three arbitrators shallwill, within thirty 30 days after the appointment of the later of them to be appointed, select an additional arbitrator who shall act as the sole arbitrator of the dispute. After selection of such sole arbitrator, the initial arbitrators shall have no further role with respect to the dispute. In the event that the arbitrators so appointed do not, within thirty 30 days after the appointment of the later of them to be appointed, agree on the selection of the sole arbitrator, any party involved in such dispute may apply to the American Arbitration Association CPR, New York, New York to select the sole arbitrator, which selection shall be made by such organization within thirty 30 days after such application. Any arbitrator selected pursuant to this paragraph (c) shall be disinterested with respect to any of the parties and the matter and shall be reasonably competent in the applicable subject matter.
(d) The sole arbitrator selected pursuant to paragraph (a), (b) or (c) above shall will set a time for the hearing of the matter which will commence no later than ninety 90 days after the date of appointment of the sole arbitrator pursuant to paragraph (a), (b) or (c) above and which hearing will be no longer than thirty 30 days (unless in the judgment of the arbitrator the matter is unusually complex and sophisticated and thereby requires a longer time, in which event such hearing shall be no longer than ninety 90 days). The final decision of such arbitrator will be rendered in writing to the parties not later than sixty 60 days after the last hearing date, unless otherwise agreed by the parties in writing.
(e) The place of any arbitration hereunder will be New York, New York, unless otherwise agreed by the parties.
Appears in 1 contract
Arbitrators. (a) Within fifteen days after a valid Arbitration Demand Notice is given, the parties involved in the dispute, controversy or claim referenced therein shall attempt to select a sole arbitrator satisfactory to all such parties.
(b) If such parties are not able jointly to select a sole arbitrator within such fifteen-day period, such parties shall each appoint an arbitrator within thirty days after delivery The decision of the Arbitration Demand NoticeBoard, either single or three-member, shall be final and binding on both parties. Expenses incident to the services of the single-member Arbitration Board shall be borne equally by the parties to this Agreement: each xxxxx shall bear the expenses incident to the services of its appointee to the three-member Arbitration Board and shall bear equally the expenses incident to the services of the Chairman of that Board. The arbitrator shall be appointed by mutual consent of the parties. If one party appoints an the parties are unable to agree upon the arbitrator within seven (7) clear days after arbitration has been invoked, they shall then jointly petition the Minister of Labour for the Province of British Columbia to appoint an arbitrator. The arbitrator shall complete examination and hearing and hand down award within a reasonable time, which is considered to be not more than thirty (30) days after appointment. Three-Member Board If arbitration is to be conducted by a board of three (3) members, the party invoking arbitration shall, in its notice to the other party, so state, and the notice shall contain the name of its appointee to the Arbitration Board. The recipient party of such time period and notice shall, within ten days, advise the other party or parties of the name of its appointee to the Board. The two appointees so selected shall, within twelve (12) days of the appointment of the second of them, appoint a third person who shall be the Chairman. If the two (2) members fail to agree upon the Chairman in the time specified, either party may apply to the Minister of Labour to appoint an arbitrator within such time period, a chairman. The Board shall proceed as soon as practicable to examine the arbitrator appointed by grievance and render its judgment. It is agreed between the one party parties hereto that the above Grievance and Arbitration procedure shall be the sole arbitrator method of settling differences between them or between an employee or employees and the matter.
(c) If a sole arbitrator School Board, and it is not selected pursuant to paragraph (a) or (b) above and, instead, two or more arbitrators are selected pursuant to paragraph (b) above, the arbitrators shall, within thirty days after the appointment of the later of them to be appointed, select an additional arbitrator who shall act as the sole arbitrator of the dispute. After selection of such sole arbitrator, the initial arbitrators shall have no further role with respect to the dispute. In the event agreed that the arbitrators so appointed do not, within thirty days after the appointment of the later of them to be appointed, agree on the selection of the sole arbitrator, any party involved in such dispute may apply to the American Arbitration Association to select the sole arbitrator, which selection shall be made by such organization within thirty days after such application. Any arbitrator selected pursuant to this paragraph (c) shall be disinterested with respect to any of the both parties and the matter and employees covered in this Agreement shall be reasonably competent bound by the settlements which derive from the Grievance and Arbitration procedure. Any question as to whether any matter arbitrable shall be decided by mutual agreement between the parties hereto or shall be referred to the Labour Relations Board for decision. Unless otherwise stated in this Agreement, the applicable subject matter.
(d) The sole arbitrator selected pursuant to paragraph (a), (b) or (c) above shall set a time for the hearing provisions of of the matter which Labour Relations of British Columbia, being Sections to entitled "Arbitration Procedures", will commence no later than ninety days after the date of appointment of the sole arbitrator pursuant to paragraph (a), (b) or (c) above and which hearing will be no longer than thirty days (unless in the judgment of the arbitrator the matter is unusually complex and sophisticated and thereby requires a longer time, in which event such hearing shall be no longer than ninety days). The final decision of such arbitrator will be rendered in writing to the parties not later than sixty days after the last hearing date, unless otherwise agreed by the parties in writingapply.
(e) The place of any arbitration hereunder will be New York, New York, unless otherwise agreed by the parties.
Appears in 1 contract
Samples: Collective Agreement
