Initiation of Arbitration and Selection of Arbitrators. The party desiring arbitration shall so notify the other party, identifying in reasonable detail the matters to be arbitrated and the relief sought. Arbitration hereunder shall be before a three-person panel of neutral arbitrators, consisting of one person from each of the following categories:
(1) an attorney with at least ten years' experience in mining law; (2) an attorney with at least ten years' experience in general commercial law, including mining matters; and
Initiation of Arbitration and Selection of Arbitrators. The Party desiring arbitration shall so notify the other Party, identifying in reasonable detail the matters to be arbitrated and the relief sought. Arbitration hereunder shall be before a three-person panel of neutral arbitrators. The American Arbitration Association (the "AAA") shall submit a list of potential arbitrators and the Parties shall select three arbitrators in the manner established by the AAA. In the event that any Party fails to select arbitrators as required above, the AAA shall select such arbitrators. The arbitrators shall be entitled to a fee commensurate with their fees for professional services requiring similar time and effort. If the arbitrators so desire they shall have the authority to retain the services of a neutral judge or attorney (whose fees shall be treated as an arbitrator's fees) to assist them in administering the arbitration and conducting any hearings and taking evidence at such hearings or otherwise.
Initiation of Arbitration and Selection of Arbitrators. 5.1 Subject to Section 4, one Utility shall initiate the arbitration (“Initiating Utility”) by requesting the Center For Public Resources, Inc. to send to it and the other Utility a list of nine (9) potential arbitrators (“List of Potential Arbitrators”). The initiating Utility shall inform the Center for Public Resources, Inc. that:
a) Before an arbitrator is included on the List of Potential Arbitrators, the Center for Public Resources, Inc. should confirm with the arbitrator that he/she (i) is interested in performing the arbitration and could do so in accordance with the schedule set forth in this Agreement, and (ii) does not have any conflict of interest that would interfere with impartial decision making;
b) Each potential arbitrator must have legal training and experience in environmental matters and contract dispute resolution; and
c) The List of Potential Arbitrators must be accompanied by a curriculum vitae for each arbitrator.
5.2 Within thirty (30) days of receipt of the List of Potential Arbitrators by both Utilities, the Initiating Utility shall select an arbitrator from it and mail to the other Utility notice of the selection. Within forty-five (45) days of the receipt of the List of Potential Arbitrators the other Utility shall select an arbitrator from it and mail to the initiating Utility notice of the selection. Within sixty (60) days of the receipt of the List of Potential Arbitrators, the Utilities shall meet to select a third arbitrator from the List of Potential Arbitrators. If the Utilities cannot agree on a third arbitrator during their meeting, before concluding such meeting they shall select an arbitrator by having each Utility—beginning with the Initiating Utility—alternate in deleting one name from the List of Potential Arbitrators until only one name remains (other than the names of the two (2) arbitrators previously selected by the Utilities). That name shall be the third arbitrator. The date such arbitrator is selected shall be the Commencement Date for purposes of arbitration.
5.3 Each party shall pay the costs of the arbitrator it has selected and one-half the costs of the third arbitrator together with its own costs of arbitration. Such costs shall not be Shared Costs within the meaning of Section 2.
Initiation of Arbitration and Selection of Arbitrators. The party desiring arbitration shall so notify the other party, identifying in reasonable detail the matters to be arbitrated and the relief sought. Arbitration hereunder shall be before one neutral arbitrator pursuant to the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”). The AAA shall submit a list of potential arbitrators and the parties shall select an arbitrator in the manner established by the AAA. In the event that the parties fail to select an arbitrator as required above, the AAA shall select such arbitrator. The arbitrator shall be entitled to a fee commensurate with his or her fees for professional services requiring similar time and effort. If the arbitrator so desires, he or she shall have the authority to retain the services of a neutral judge or attorney (whose fees shall be treated as the arbitrator’s fees) to assist him or her in administering the arbitration and conducting any hearings and taking evidence at such hearings or otherwise.
Initiation of Arbitration and Selection of Arbitrators. Arbitration shall be initiated by written notice by one party to the other pursuant to the notice section of this Agreement, and the Commercial Arbitration Rules of the American Arbitration Association shall thereafter apply. The arbitrators shall have the power to grant equitable and injunctive relief and specific performance as provided in this Agreement. If necessary, orders to compel arbitration or enforce an arbitration award may be sought before the United States District Court for the Central District of California and any federal court having appellate jurisdiction over said court. If the United States District Court for the Central District of California finds that it lacks jurisdiction, the Tribe and the Enterprise consent to be sued in the California State Court system. This consent to California State Court jurisdiction shall only apply if Manager exercises reasonable efforts to argue for the jurisdiction of the federal court over said matter. The arbitrator shall be a licensed attorney, knowledgeable in federal Indian law and selected pursuant to the Commercial Arbitration Rules of the American Arbitration Association.
(1) member shall be appointed by the Tribe and one (1) member shall be appointed by Manager within ten (10) working days' time following the giving of notice submitting a dispute to arbitration. The third member shall be selected by agreement of the other two (2) members. In the event the two (2) members cannot agree upon the third arbitrator within fifteen (15) working days' time, then the third arbitrator shall be chosen by the American Arbitration Association. Alternatively, the parties may, prior to any dispute, agree in advance upon a panel of arbitrators or a single arbitrator to which any dispute that may arise shall be submitted for resolution pursuant to this Section 16.2.
Initiation of Arbitration and Selection of Arbitrators. The Party desiring arbitration shall so notify the other party, identifying in reasonable detail the matters to be arbitrated and the relief sought. Within 14 Business Days after receipt of such notification, the parties shall attempt (acting with the utmost good faith and commercial reasonableness) to resolve the matters detailed and the relief sought in the notice. If the Parties are unable to resolve the matters specified in the notice, the matters shall be submitted for arbitration in accordance with the terms hereof. Arbitration hereunder shall be before a three-person panel of neutral arbitrators, consisting of one person from each of the following categories:
(1) an attorney with at least ten years experience in mining law; (2) an attorney with at least ten years experience in general commercial law, including mining matters; and
Initiation of Arbitration and Selection of Arbitrators. Arbitration shall be initiated by written notice by one party to the other pursuant to the notice section of this Agreement, and the Commercial Arbitration Rules of the American Arbitration Association shall thereafter apply. The arbitrators shall have the power to grant equitable and injunctive relief and specific performance as provided in this Agreement. If necessary, orders to compel arbitration or enforce an arbitration award may be sought before the United States District Court for the District in the State where the Gaming Facility is or is to be located and any federal court having appellate jurisdiction over said court. If the United States District Court finds that it lacks jurisdiction, TRIBE and the Board consent to be sued in a Court of competent jurisdiction. The arbitrator shall be a licensed attorney, knowledgeable in federal Indian law and selected pursuant to the Commercial Arbitration Rules of the American Arbitration Association.
Initiation of Arbitration and Selection of Arbitrators. Arbitration shall be initiated by written notice by one party to the other pursuant to the notice section of this Agreement, and the Commercial Arbitration Rules of the American Arbitration Association shall thereafter apply. The arbitrators shall have the power to grant equitable and injunctive relief and specific performance as provided in this Agreement. If necessary, orders to compel arbitration or enforce an arbitration award may be sought before the United States District Court for the Eastern District of California and any federal court having appellate jurisdiction over said court. If the United States District Court for the Eastern District of California finds that it lacks jurisdiction, SHINGLE SPRINGS consents to be sued in a Court of competent jurisdiction. The arbitrator shall be a licensed attorney, knowledgeable in federal Indian law and selected pursuant to the Commercial Arbitration Rules of the American Arbitration Association.
Initiation of Arbitration and Selection of Arbitrators. Arbitration shall be initiated by written notice by one party to the other pursuant to the notice section of this Agreement, and the Commercial Arbitration Rules of the American Arbitration Association shall thereafter apply. The arbitrator shall have the power to grant equitable and injunctive relief and specific performance as provided in this Agreement. If necessary, orders to compel arbitration or enforce an arbitration award may be sought before the United States District Court for the District of Delaware and any federal court having appellate jurisdiction over said court. If the United States District Court for the District of Delaware finds that it lacks jurisdiction, each party consents to be sued in the Delaware State Court system. The AAA in Philadelphia, PA shall be requested to submit a list of five (5) persons to serve as the arbitrator. The arbitrator will be selected from a panel of persons having experience with and knowledge of the gaming business. The parties shall select the arbitrator from the list submitted, provided that if the parties cannot agree upon the arbitrator, then the arbitrator shall be selected from the list of five (5) through the process of each party jointly striking names from the list until one name remains. The above procedures contemplate that there will only be two (two) parties to the arbitration proceeding; if there are more, and the parties cannot agree upon the method of choosing arbitrators the method of proceeding shall be determined pursuant to the then existing Commercial Arbitration Rules of the AAA.
Initiation of Arbitration and Selection of Arbitrators. The party desiring arbitration shall so notify the other party, identifying in reasonable detail the matters to be arbitrated and the relief sought. Arbitration hereunder
(i) An attorney with at least ten years experience in general commercial law; (ii) an attorney with at least ten years experience in oil and gas law; and (iii) a person with at least ten years experience with asphalt production. The AAA shall submit a list of persons meeting the criteria outlined above for each category of arbitrator, and the parties shall select one person from each category in the manner established by the AAA. In the event that any party or the arbitrators fail to select arbitrators as required above, the AAA shall select such arbitrators. The arbitrators shall be entitled to a fee commensurate with their fees for professional services requiring similar time and effort. If the arbitrators so desire they shall have the authority to retain the services of a neutral judge or attorney (whose fees shall be treated as an arbitrator's fees) to assist them in administering the arbitration and conducting any hearings and taking evidence at such hearings or otherwise.
