Common use of Panel's Duties at Preliminary Hearing Clause in Contracts

Panel's Duties at Preliminary Hearing. The Panel shall perform the following tasks, seriatim, at the preliminary hearing: a. require each Panel member, if not previously sworn, to take the oath of office; b. identify every claim or dispute to be arbitrated; c. identify every stipulated fact and issue of law; d. identify the discovery each Partner intends to undertake and establish a date for its completion in accordance with Article VII, which date shall not be less than 20 days nor more than 60 days from the date of the Panel's initial preliminary hearing report; e. determine the matters in Article VI.C.3 relative to the Partners' final hearing briefs; f. set the date, place, time and duration for the final hearing, which shall be consistent with Article IX.B and which date shall not be less than 30 days nor more than 60 days from the date discovery is required to be completed as provided in Article VI.C.2.d; g. establish an agenda for the final hearing; and h. issue its initial or final preliminary hearing report, as the case may be. Any objection to the Panel's actions on any of these tasks shall be raised by a Partner at the preliminary hearing, followed by notice to the Panel and the other Partner within 5 days after the conclusion of that hearing, failing which such Partner shall be conclusively deemed to have waived any objection thereto. If, on motion by a Partner, the Panel believes a second preliminary hearing is warranted, the Panel may schedule such a hearing so long as that hearing does not increase by more than 10 days what otherwise would have been the duration of the entire arbitration procedure under this Agreement had no second preliminary hearing ever been held.