Common use of Pre-Hearing Procedures Clause in Contracts

Pre-Hearing Procedures. (a) Upon completion of the foregoing steps in Section 1.6 above, the Arbitrator will call a meeting of the Parties (the “Preliminary Meeting”). At the Preliminary Meeting, the Arbitrator will do the following: (i) review the issues raised in the proceedings; (ii) determine, if possible, whether there are any matters which should be addressed on motion prior to the Hearing (as defined in Section 2.6 below); (iii) determine whether the date and time selected for the Hearing allows sufficient time for all Parties to present their case fully and fairly to the Arbitrator; (iv) if no date and time for the Hearing has been selected, determine such date and time; and (v) address any other issues relevant to the process and scheduling of the Hearing. (b) After hearing submissions on all of the above-noted matters, the Arbitrator will: (i) set a schedule with time lines, identifying steps to be taken prior to the Hearing and the dates by when such steps must be completed; (ii) if appropriate set a new date for the Hearing to take place, confirm his direction in this regard in writing, and serve it on all Parties within five (5) calendar days of the Preliminary Meeting; and (iii) make any other order that may assist in the just and most expeditious disposition of the proceeding. (c) In making any award or directions on the above-noted matters, the Arbitrator will take into account that the Parties intend that the Arbitration be completed as expeditiously as possible, while affording all Parties sufficient opportunity to present their respective positions fully and fairly.

Pre-Hearing Procedures. (a) Upon completion of the foregoing steps in Section 1.6 above, the Arbitrator will call a meeting of the Parties (the “Preliminary Meeting”). At the Preliminary Meeting, the Arbitrator will do the following: (i) review the issues raised in the proceedings; (ii) determine, if possible, whether there are any matters which should be addressed on motion prior to the Hearing (as defined in Section 2.6 below); (iii) determine whether the date and time selected for the Hearing allows sufficient time for all both Parties to present their case fully and fairly to the Arbitrator; (iv) if no date and time for the Hearing has been selected, determine such date and time; and (v) address any other issues relevant to the process and scheduling of the Hearing. (b) After hearing submissions on all of the above-noted matters, the Arbitrator will: (i) set a schedule with time lines, identifying steps to be taken prior to the Hearing and the dates by when such steps must be completed; (ii) if appropriate set a new date for the Hearing to take place, confirm his direction in this regard in writing, and serve it on all both Parties within five (5) calendar days of the Preliminary Meeting; and (iii) make any other order that may assist in the just and most expeditious disposition of the proceeding. (c) In making any award or directions on the above-noted matters, the Arbitrator will take into account that the Parties intend that the Arbitration be completed as expeditiously as possible, while affording all both Parties sufficient opportunity to present their respective positions fully and fairly.