Common use of Pre-Hearing Procedure and Disposition Clause in Contracts

Pre-Hearing Procedure and Disposition. (i) At the request of a Party, the arbitral panel may take such interim measures and make such interim orders as it deems necessary, including measures for the preservation of assets, the conservation of goods, or the sale of perishable goods. The arbitral panel may require appropriate security as a condition of ordering such measures. (ii) At any time after the arbitral panel is constituted and upon motion of any Party, the arbitral panel may hear and determine in accordance with applicable Law any preliminary issue of law asserted by a Party to be dispositive, in whole or in part, of any claim or defense, pursuant to such procedures as the arbitral panel deems appropriate. (iii) At any time after the arbitral panel is constituted and upon motion of any Party, the arbitral panel may summarily determine and dismiss, in whole or in part, any claim or issue in dispute (A) if the Party asserting it has failed to state a claim as a matter of law, or (B) if the pleadings and evidence show that no genuine issue of material fact exists with respect to any element of the claim or defense and that the moving Party is entitled to disposition of the claim or defense as a matter of law. (iv) If the arbitral panel deems it appropriate, keeping in mind the expedited nature of arbitration proceedings, the arbitral proceedings may be bifurcated according to claims or issues, and claims or issues may be heard and determined separately as may be appropriate.

Pre-Hearing Procedure and Disposition. (ia) At the request of a Party, the arbitral panel Panel may take such interim measures and make such interim orders as it deems necessary, including measures for the preservation of assets, the conservation of goods, or the sale of perishable goods. The arbitral panel Panel may require appropriate security as a condition of ordering such measures. (iib) At any time after the arbitral panel Panel is constituted and upon motion of any Party, the arbitral panel may Panel shall hear and determine in accordance with applicable Law any preliminary issue of law asserted by a Party to be dispositive, in whole or in part, of any claim or defense, pursuant to such procedures as the arbitral panel Panel deems appropriate. (iiic) At any time after the arbitral panel Panel is constituted and upon motion of any Party, the arbitral panel Panel may summarily determine and dismiss, in whole or in part, any claim or issue in dispute (Ai) if the Party asserting it has failed to state a claim as a matter of law, or (Bii) if the pleadings and evidence show that no genuine issue of material fact exists with respect to any element of the claim or defense and that the moving Party is entitled to disposition of the claim or defense as a matter of law. (ivd) If the arbitral panel Panel deems it appropriate, keeping in mind the expedited nature of arbitration proceedingsproceedings pursuant to this Agreement, the arbitral proceedings may be bifurcated according to claims or issues, and claims or issues may be heard and determined separately as may be appropriate.

Pre-Hearing Procedure and Disposition. (ia) At the request of a Party, the arbitral panel may take such interim measures and make such interim orders as it deems necessary, including measures for the preservation of assets, the conservation of goods, or the sale of perishable goods. The arbitral panel may require appropriate security as a condition of ordering such measures. (iib) At any time after the arbitral panel is constituted and upon motion of any Party, the arbitral panel may hear and determine in accordance with applicable Law any preliminary issue of law asserted by a Party to be dispositive, in whole or in part, of any claim or defense, pursuant to such procedures as the arbitral panel deems appropriate. (iiic) At any time after the arbitral panel is constituted and upon motion of any Party, the arbitral panel may summarily determine and dismiss, in whole or in part, any claim Claim or issue in dispute (Ai) if the Party asserting it has failed to state a claim Claim as a matter of law, or (Bii) if the pleadings and evidence show that no genuine issue of material fact exists with respect to any element of the claim Claim or defense and that the moving Party is entitled to disposition of the claim or defense as a matter of law. (ivd) If the arbitral panel deems it appropriate, keeping in mind the expedited nature of arbitration proceedings, the arbitral proceedings may be bifurcated according to claims Claims or issues, and claims or issues may be heard and determined separately as may be appropriate.

Pre-Hearing Procedure and Disposition. (ia) At the request of a Party, the arbitral panel may take such interim measures and make such interim orders as it deems necessary, including measures for the preservation of assets, the conservation of goods, or the sale of perishable goods. The arbitral panel may require appropriate security as a condition of ordering such measures. (iib) At any time after the arbitral panel is constituted and upon motion of any Party, the arbitral panel may hear and determine in accordance with applicable Law any preliminary issue of law asserted by a Party to be dispositive, in whole or in part, of any claim or defense, pursuant to such procedures as the arbitral panel deems appropriate. (iiic) At any time after the arbitral panel is constituted and upon motion of any Party, the arbitral panel may summarily determine and dismiss, in whole or in part, any claim Claim or issue in dispute (Ai) if the Party asserting it has failed to state a claim Claim as a matter of law, or (Bii) if the pleadings and evidence show that no genuine issue of material fact exists with respect to any element of the claim Claim or defense and that the moving Party is entitled to disposition of the claim Claim or defense as a matter of law. (ivd) If the arbitral panel deems it appropriate, keeping in mind the expedited nature of arbitration proceedings, the arbitral proceedings may be bifurcated according to claims Claims or issues, and claims Claims or issues may be heard and determined separately as may be appropriate.