Common use of Hearing of the Arbitration Clause in Contracts

Hearing of the Arbitration. (i) In fixing or agreeing to a date for the hearing of an arbitration, the Arbitrator shall not unless agreed by all represented parties fix or accept a date unless the Arbitrator can allow time to read the principal evidence, hear the arbitration and produce the award to the Council for publication in not more than 1 month from conclusion of the hearing. (ii) The date fixed for the hearing shall be maintained unless application to alter the date is made to the Arbitrator within 14 days of the completion of discovery or unless the Arbitrator in the exercise of his discretion determines at a later time that an adjournment is necessary or desirable in the interests of justice or fairness. (iii) Unless all parties represented in the arbitration agree otherwise the Arbitrator shall relinquish his appointment if a hearing date cannot be agreed, fixed or maintained in accordance with sub-clause 8.8(i) and/or 8.8(ii) above due to the Arbitrator’s commitments. In the event the Council shall appoint in his stead another arbitrator who is able to meet the requirements of this sub-clause.

Appears in 4 contracts

Samples: Salvage Agreement, Salvage Agreement, Lloyd's Standard Form of Salvage Agreement

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Hearing of the Arbitration. (i) In fixing or agreeing to a date for the hearing of an arbitration, the Arbitrator shall not unless agreed by all represented parties fix or accept a date unless the Arbitrator can allow time to read the principal evidence, hear the arbitration and produce the award to the Council for publication in not more than 1 month from conclusion of the hearing. (ii) The date fixed for the hearing shall be maintained unless application to alter the date is made to the Arbitrator within 14 days of the completion of discovery or unless the Arbitrator in the exercise of his discretion determines at a later time that an adjournment is necessary or desirable in the interests of justice or fairness. (iii) Unless all parties represented in the arbitration agree otherwise the Arbitrator shall relinquish his appointment if a hearing date cannot be agreed, fixed or maintained in accordance with sub-clause 8.8(i) and/or 8.8(ii) above due to the Arbitrator’s commitments. In the event the Council shall appoint in his stead another arbitrator who is able to meet the requirements of this sub-clause.

Appears in 1 contract

Samples: Salvage Agreement

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Hearing of the Arbitration. (i) In fixing or agreeing to a date for the hearing of an arbitration, the Arbitrator shall not unless agreed by all represented parties fix or accept a date unless the Arbitrator can allow time to read the principal evidence, hear the arbitration and produce the award to the Council for publication in not more than 1 month from conclusion of the hearing. (ii) The date fixed for the hearing shall be maintained unless application to alter the date is made to the Arbitrator within 14 days of the completion of discovery or unless the Arbitrator in the exercise of his discretion determines at a later time that an adjournment is necessary or desirable in the interests of justice or fairness. (iii) Unless all parties represented in the arbitration agree otherwise the Arbitrator shall relinquish his appointment if a hearing date cannot be agreed, fixed or maintained in accordance with sub-clause 8.8(i) and/or 8.8(ii) above due to the Arbitrator’s 's commitments. In the event the Council shall appoint in his stead another arbitrator who is able to meet the requirements of this sub-clause.

Appears in 1 contract

Samples: Lloyd's Standard Form of Salvage Agreement

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