Common use of CHALLENGES TO ARBITRATORS Clause in Contracts

CHALLENGES TO ARBITRATORS. Either Party may challenge any arbitrator for cause, based on interest, bias, or inability to serve. The Parties shall meet and confer in good faith on any such challenge, which must be made within five business days of the arbitrator's appointment, except that a later challenge may be made up to five business day after the date on which the challenging Party first learns of the facts upon which the challenge is based if those facts did not exist at the time of the original five-day period and/or could not have been ascertained by the challenging Party at that earlier time with the exercise of reasonable diligence. If the Parties are unable to reach agreement on retention or dismissal of a challenged arbitrator within five business days of a timely challenge, the issue will be submitted to the AAA for resolution in accordance with the Rules.

Appears in 2 contracts

Samples: Settlement Agreement (Aclara Biosciences Inc), Settlement Agreement (Caliper Technologies Corp)

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CHALLENGES TO ARBITRATORS. Either Any Party may challenge any arbitrator for cause, based on interest, bias, lack of qualification, or inability to serve. The Parties shall meet and confer in good faith on any such challenge, which must be made within five business days of the arbitrator's appointment, except that a later challenge may be made up to five business day days after the date on which the challenging Party first learns of the facts upon which the challenge is based if those facts did not exist at the time of the original five-day period and/or could not have been ascertained by the challenging Party party at that earlier time with the exercise of reasonable diligence. If the Parties are unable to reach agreement on retention or dismissal of a challenged arbitrator within five business days of a timely challenge, the issue will challenge shall be submitted to the AAA for resolution in accordance with pursuant to R-19(b) of the AAA Rules. Any such resolution shall be made within fifteen business days of submission to the AAA.

Appears in 2 contracts

Samples: Settlement Agreement (Aclara Biosciences Inc), Settlement Agreement (Caliper Technologies Corp)

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CHALLENGES TO ARBITRATORS. Either Any Party may challenge any arbitrator for cause, based on interest, bias, lack of qualification, or inability to serve. The Parties shall meet and confer in good faith on any such challenge, which must be made within five business days of the arbitrator's appointment, except that a later challenge may be made up to five business day days after the date on which the challenging Party first learns of the facts upon which the challenge is based if those facts did not exist at the time of the original five-day period and/or could not have been ascertained by the challenging Party at that earlier time with the exercise of reasonable diligence. If the Parties are unable to reach agreement on retention or dismissal of a challenged arbitrator within five business days of a timely challenge, the issue will challenge shall be submitted to the AAA for resolution in accordance with pursuant to R-19(b) of the AAA Rules. Any such resolution shall be made within fifteen business days of submission to the AAA.

Appears in 1 contract

Samples: Settlement Agreement (Caliper Technologies Corp)

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