Common use of Conduct of Arbitration Clause in Contracts

Conduct of Arbitration. The Tribunal shall expeditiously (and, if practicable, consistent with the Tribunal’s primary responsibility to justly adjudicate the dispute before it, within 180 Days after the appointment of the third Arbitrator) hear and decide all matters concerning the Dispute. Any arbitration hearing shall be held in Washington, D.C. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§1 et. seq. Except as expressly provided to the contrary in this Agreement, the Tribunal shall have the power to gather such materials, information, testimony and evidence as it deems relevant to the dispute before it (and each Party will provide such materials, information, testimony and evidence requested by the Tribunal, subject to such protective orders as the Tribunal determines necessary for the protection of any information so requested that is proprietary, subject to a third-party confidentiality restriction or to an attorney-client or other privilege) and to grant injunctive relief and enforce specific performance. The Tribunal shall not have the power to award punitive or any other form of indirect or non-compensatory damages, even if such are available under the governing law and even if a court would otherwise be empowered to avoid this limitation on damages to make such an award. If it deems necessary, the Tribunal may propose to the Disputing Parties that one or more other experts be retained to assist it in resolving the Dispute. The retention of such other experts shall require the unanimous consent of the Disputing Parties, which shall not be unreasonably withheld. The decision of the Tribunal (which shall be rendered in writing) shall be final, nonappealable and binding upon the Parties and may be enforced in any court of competent jurisdiction. Each Party hereby consents to the non-exclusive personal jurisdiction and venue of the Washington D.C. courts for any proceedings in aid of arbitration under this Section, including any request for interim or injunctive relief. Notwithstanding the foregoing consent, the Parties may nevertheless seek interim or injunctive relief from any court of competent jurisdiction.

Conduct of Arbitration. Arbitration shall be ______________________ conducted in Lancaster County, Pennsylvania, unless the parties agree to a different location. The Tribunal arbitrator shall expeditiously (andbe selected from a panel of 3 arbitrators submitted by the parties to the arbitration, if practicableby the parties either mutually agreeing on the arbitrator or striking persons from the panel until one person is left, consistent with that person being the Tribunal’s primary responsibility to justly adjudicate arbitrator. The parties shall equally share the dispute before it, within 180 Days after the appointment fees of the third Arbitrator) hear arbitrator and decide all matters concerning the Disputeother jointly incurred reasonable expenses. Any arbitration hearing shall be held in Washington, D.C. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§1 et. seq. Except as expressly provided to the contrary in this Agreement, the Tribunal arbitrator shall have the power to gather such materials, information, testimony authorize reasonable discovery and evidence as it deems relevant to issue any necessary orders and subpoenas. The parties agree that all discovery shall be limited and expedited to the dispute before it (maximum extent practical, and each Party will provide the arbitrator is specifically requested and encouraged to minimize discovery and its cost to the maximum extent practicable. The arbitrator shall have authority to award damages and grant such materialsother relief the arbitrator deems appropriate, information, testimony including reimbursement of a party's share of the fees and evidence requested expenses of the arbitration. The arbitrator shall give effect to statutes of limitation in determining any claim. Any controversy concerning whether an issue is arbitrable shall be determined by the Tribunalarbitrator. The arbitrator shall set forth in the award findings of fact and conclusions of law supporting the arbitrator's decision, subject to such protective orders as which must be based upon applicable law and supported by evidence meeting the Tribunal determines necessary judicial standards for the protection burden of any information so requested that is proprietaryproof for like claims made in court, subject to a third-party confidentiality restriction or to an attorney-client or other privilege) and to grant injunctive relief and enforce specific performance. The Tribunal shall not have the power to award punitive or any other form of indirect or non-compensatory damages, even if such are available under the governing law and even if a court would otherwise be empowered to avoid this limitation on damages to make such an awardof Pennsylvania. If it deems necessary, the Tribunal may propose to the Disputing Parties that one or more other experts be retained to assist it in resolving the Dispute. The retention of such other experts shall require the unanimous consent of the Disputing Parties, which shall not be unreasonably withheld. The decision of the Tribunal (which shall be rendered in writing) shall be final, nonappealable and binding Judgment upon the Parties and award may be enforced in entered by any court of competent jurisdiction. Each Party hereby consents Except as specifically set forth herein, the arbitrator shall have the ability to the non-exclusive personal jurisdiction grant all equitable and venue of the Washington D.C. courts for any proceedings in aid of arbitration under this Sectionlegal remedies, including any request for interim or declaratory and injunctive relief, as may be available under applicable law. Notwithstanding the foregoing consentBY AGREEING TO THIS ARBITRATION PROVISION, the Parties may nevertheless seek interim or injunctive relief from any court of competent jurisdictionTHE PARTIES ARE AGREEING TO HAVE DISPUTES ARISING FROM THIS OPERATING AGREEMENT, AS DESCRIBED ABOVE (OTHER THAN THOSE DISPUTES RESOLVED INFORMALLY UNDER SUBSECTION (1) OF THIS SECTION), RESOLVED EXCLUSIVELY BY ARBITRATION, AND ARE HEREBY KNOWINGLY AND VOLUNTARILY WAIVING ANY RIGHT TO LITIGATE ANY SUCH DISPUTES IN COURT, AND THE PARTIES ARE ALSO WAIVING ANY RIGHT TO A TRIAL BY JURY.

Conduct of Arbitration. The Tribunal shall expeditiously (and, if practicable, consistent with the Tribunal’s primary responsibility to justly adjudicate the dispute before it, within 180 ** Days after the appointment of the third ArbitratorArbitrator or as soon thereafter as practicable) hear and decide all matters concerning the Dispute. Any arbitration hearing shall be held in Washington, D.C. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§1 et. seq. Except as expressly provided to the contrary in this Agreement, the Tribunal shall have the power to gather such materials, information, testimony and evidence as it deems relevant to the dispute Dispute before it (and each Party Member will provide such materials, information, testimony and evidence requested by the Tribunal, subject to such protective orders as the Tribunal determines necessary for the protection of any information so requested that is proprietary, subject to a third-party confidentiality restriction or to an attorney-client or other privilege) and to grant injunctive relief and enforce specific performance. The Tribunal shall not have the power to award punitive or any other form of indirect or non-compensatory damages, even if such are available under the governing law Law and even if a court would otherwise be empowered to avoid this limitation on damages to make such an award. If it deems necessary, the Tribunal may propose to the Disputing Parties Members that one or more other experts be retained to assist it in resolving the Dispute. The retention of such other experts shall require the unanimous consent of the Disputing PartiesMembers, which shall not be unreasonably withheld. The decision of the Tribunal (which shall be rendered in writing) shall be final, nonappealable and binding upon the Parties Members and may be entered and enforced in any court of competent jurisdiction. Each Party Member hereby consents to the non-exclusive personal jurisdiction and venue of the Washington Washington, D.C. courts for any proceedings in aid of arbitration under this SectionSection 10.4, including any request for interim or injunctive relief. Notwithstanding the foregoing consent, the Parties Members may nevertheless seek interim or injunctive relief from any court of competent jurisdiction. ** This portion has been redacted pursuant to a confidential treatment request.

Conduct of Arbitration. The Tribunal shall expeditiously (and, if practicable, consistent with the Tribunal’s primary responsibility to justly adjudicate the dispute before it, within 180 Days after the appointment of the third Arbitrator) hear and decide all matters concerning the Dispute. Any arbitration hearing shall be held in Washington, D.C. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§1 et. seq. Except as expressly provided to the contrary in this Agreement, the Tribunal shall have the power to gather such materials, information, testimony and evidence as it deems relevant to the dispute before it (and each Party will provide such materials, information, testimony and evidence requested by the Tribunal, subject to such protective orders as the Tribunal determines necessary for the protection of any information so requested that is proprietary, subject to a third-party confidentiality restriction or to an attorney-client or other privilege) and to grant injunctive relief and enforce specific performance. The Tribunal shall not have the power to award punitive or any other form of indirect or non-compensatory damages, even if such are available under the governing law and even if a court would otherwise be empowered to avoid this limitation on damages to make such an award. If it deems necessary, the Tribunal may propose to the Disputing Parties that one or more other experts be retained to assist it in resolving the Dispute. The retention of such other experts shall require the unanimous consent of the Disputing Parties, which shall not be unreasonably withheld. The decision of the Tribunal (which shall be rendered in writing) shall be final, nonappealable and binding upon the Parties and may be enforced in any court of competent jurisdiction. Each Party hereby consents to the non-exclusive personal jurisdiction and venue of the Washington D.C. courts for any proceedings in aid of arbitration under this SectionSection 1.4, including any request for interim or injunctive relief. Notwithstanding the foregoing consent, the Parties may nevertheless seek interim or injunctive relief from any court of competent jurisdiction.

Conduct of Arbitration. The Tribunal shall expeditiously (and, if practicable, consistent with the Tribunal’s primary responsibility to justly adjudicate the dispute Dispute before it, within 180 Days ** days after the appointment of the third Arbitrator) hear and decide all matters concerning the Dispute. Any arbitration hearing shall be held in Washington, D.C. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§1 et. seq. Except as expressly provided to the contrary in this Agreement, the Tribunal shall have the power to gather such materials, information, testimony and evidence as it deems relevant to the dispute before it (and each Party will provide such materials, information, testimony and evidence requested by the Tribunal, subject to such protective orders as the Tribunal determines necessary for the protection of any information so requested that is proprietary, subject to a third-party confidentiality restriction or to an attorney-client or other privilege) and to grant injunctive relief and enforce specific performance. The Tribunal shall not have the power to award punitive or any other form of indirect or non-compensatory damages, even if such are available under the governing law and even if a court would otherwise be empowered to avoid this limitation on damages to make such an award. If it deems necessary, the Tribunal may propose to the Disputing Parties that one or more other experts be retained to assist it in resolving the Dispute. The retention of such other experts shall require the unanimous consent of the Disputing Parties, which shall not be unreasonably withheld. The decision of the Tribunal (which shall be rendered in writing) shall be final, nonappealable non-appealable and binding upon the Parties and may be enforced in any court of competent jurisdiction. Each Party hereby consents to the non-exclusive personal jurisdiction and venue of the Washington Washington, D.C. courts for any proceedings in aid of arbitration under this SectionSection 11.4, including any request for interim or injunctive relief. Notwithstanding the foregoing ** This portion has been redacted pursuant to a confidential treatment request. consent, the Parties may nevertheless seek interim or injunctive relief from any court of competent jurisdiction.

Conduct of Arbitration. Arbitration shall be conducted ______________________ in Lancaster County, Pennsylvania, unless the parties agree to a different location. The Tribunal arbitrator shall expeditiously (andbe selected from a panel of 3 arbitrators submitted by the parties to the arbitration, if practicableby the parties either mutually agreeing on the arbitrator or striking persons from the panel until one person is left, consistent with that person being the Tribunal’s primary responsibility to justly adjudicate arbitrator. The parties shall equally share the dispute before it, within 180 Days after the appointment fees of the third Arbitrator) hear arbitrator and decide all matters concerning the Disputeother jointly incurred reasonable expenses. Any arbitration hearing shall be held in Washington, D.C. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§1 et. seq. Except as expressly provided to the contrary in this Agreement, the Tribunal arbitrator shall have the power to gather such materials, information, testimony authorize reasonable discovery and evidence as it deems relevant to issue any necessary orders and subpoenas. The parties agree that all discovery shall be limited and expedited to the dispute before it (maximum extent practical, and each Party will provide the arbitrator is specifically requested and encouraged to minimize discovery and its cost to the maximum extent practicable. The arbitrator shall have authority to award damages and grant such materialsother relief the arbitrator deems appropriate, information, testimony including reimbursement of a party's share of the fees and evidence requested expenses of the arbitration. The arbitrator shall give effect to statutes of limitation in determining any claim. Any controversy concerning whether an issue is arbitrable shall be determined by the Tribunalarbitrator. The arbitrator shall set forth in the award findings of fact and conclusions of law supporting the arbitrator's decision, subject to such protective orders as which must be based upon applicable law and supported by evidence meeting the Tribunal determines necessary judicial standards for the protection burden of any information so requested that is proprietaryproof for like claims made in court, subject to a third-party confidentiality restriction or to an attorney-client or other privilege) and to grant injunctive relief and enforce specific performance. The Tribunal shall not have the power to award punitive or any other form of indirect or non-compensatory damages, even if such are available under the governing law and even if a court would otherwise be empowered to avoid this limitation on damages to make such an awardof Pennsylvania. If it deems necessary, the Tribunal may propose to the Disputing Parties that one or more other experts be retained to assist it in resolving the Dispute. The retention of such other experts shall require the unanimous consent of the Disputing Parties, which shall not be unreasonably withheld. The decision of the Tribunal (which shall be rendered in writing) shall be final, nonappealable and binding Judgment upon the Parties and award may be enforced in entered by any court of competent jurisdiction. Each Party hereby consents Except as specifically set forth herein, the arbitrator shall have the ability to the non-exclusive personal jurisdiction grant all equitable and venue of the Washington D.C. courts for any proceedings in aid of arbitration under this Sectionlegal remedies, including any request for interim or declaratory and injunctive relief, as may be available under applicable law. Notwithstanding the foregoing consentBY AGREEING TO THIS ARBITRATION PROVISION, the Parties may nevertheless seek interim or injunctive relief from any court of competent jurisdictionTHE PARTIES ARE AGREEING TO HAVE DISPUTES ARISING FROM THIS MEMBERS AGREEMENT, AS DESCRIBED ABOVE (OTHER THAN THOSE DISPUTES RESOLVED INFORMALLY UNDER SECTION 27.1 HEREOF), RESOLVED EXCLUSIVELY BY ARBITRATION, AND ARE HEREBY KNOWINGLY AND VOLUNTARILY WAIVING ANY RIGHT TO LITIGATE ANY SUCH DISPUTES IN COURT, AND THE PARTIES ARE ALSO WAIVING ANY RIGHT TO A TRIAL BY JURY.

Conduct of Arbitration. The Tribunal shall expeditiously (and, if practicable, consistent with the Tribunal’s primary responsibility to justly adjudicate the dispute before it, within 180 Days after the appointment of the third Arbitrator) hear and decide all matters concerning the Dispute. Any arbitration hearing shall be held in Washington, D.C. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§1 et. seq. Except as expressly provided to the contrary in this Agreement, the Tribunal shall have the power to gather such materials, information, testimony and evidence as it deems relevant to the dispute before it (and each Party Member will provide such materials, information, testimony and evidence requested by the Tribunal, subject to such protective orders as the Tribunal determines necessary for the protection of any information so requested that is proprietary, subject to a third-party confidentiality restriction or to an attorney-client or other privilege) and to grant injunctive relief and enforce specific performance. The Tribunal shall not have the power to award punitive or any other form of indirect or non-compensatory damages, even if such are available under the governing law and even if a court would otherwise be empowered to avoid this limitation on damages to make such an award. If it deems necessary, the Tribunal may propose to the Disputing Parties Members that one or more other experts be retained to assist it in resolving the Dispute. The retention of such other experts shall require the unanimous consent of the Disputing PartiesMembers, which shall not be unreasonably withheld. The decision of the Tribunal (which shall be rendered in writing) shall be final, nonappealable and binding upon the Parties Members and may be enforced in any court of competent jurisdiction. Each Party Member hereby consents to the non-exclusive personal jurisdiction and venue of the Washington D.C. Washington, D.C., courts for any proceedings in aid of arbitration under this Section, including any request for interim or injunctive relief. Notwithstanding the foregoing consent, the Parties Members may nevertheless seek interim or injunctive relief from any court of competent jurisdiction.