Common use of Special Arbitration Clause in Contracts

Special Arbitration. With respect to any Dispute arising under Section 20(e)(ii), the Arbitration procedures set forth in Section 21(d) above shall govern as modified by this Section 21(d)(xii). A. During the first 15 days of the Submission Period each of the Parties shall designate an arbitrator and unless the third arbitrator has been selected as provided in the following sentence, the two arbitrators together shall, within 10 days of their appointment, select the third arbitrator who shall be an expert in one of the principal areas that is the subject to the arbitration. If the Parties can agree within the first 15 days of the Submission Period, the third arbitrator shall be a mutually selected individual with substantial experience in the general subject matter of the Dispute (the "EXPERT"). No arbitrator shall have been employed by either Party during the 24 months preceding the hearing date, unless the other Party consents. The Expert shall serve as the chair of the panel. B. During the Submission Period, each Party shall submit to the each other and the arbitrators, a description of the Dispute and a proposed resolution, based on the facts known to the Party at the time (an "INITIAL PROPOSAL"). C. Following discovery and as a part of the Party's brief, each Party shall make such adjustments, if any, as the Party determines appropriate to the Initial Proposal. D. Notwithstanding Section 21(d)(x), in the case of a Special Arbitration, each Party shall bear its own expenses and the Parties shall each bear half of the expenses of the arbitration; provided that, the costs and expenses of the prevailing Party in any court action to compel arbitration shall be borne by the non- prevailing Party as provided in the last clause of Section 21(d)(x).

Special Arbitration. With respect to any Dispute arising under Section 20(e)(ii), the Arbitration procedures set forth in Section 21(d) above shall govern as modified by this Section 21(d)(xii). A. During the first 15 days of the Submission Period each of the Parties shall designate an arbitrator and unless the third arbitrator has been selected as provided in the following sentence, the two arbitrators together shall, within 10 days of their appointment, select the third arbitrator who shall be an expert in one of the principal areas that is the subject to the arbitration. If the Parties can agree within the first 15 days of the Submission Period, the third arbitrator shall be a mutually selected individual with substantial experience in the general subject matter of the Dispute (the "EXPERT"). No arbitrator shall have been employed by either Party during the 24 months preceding the hearing date, unless the other Party consents. The Expert shall serve as the chair of the panel. B. During the Submission Period, each Party shall submit to the each other and the arbitrators, a description of the Dispute and a proposed resolution, based on the facts known to the Party at the time (an "INITIAL PROPOSAL"). C. Following discovery and as a part of the Party's brief, each Party shall make such adjustments, if any, as the Party determines appropriate to the Initial Proposal. D. Notwithstanding Section 21(d)(x), in the case of a Special Arbitration, each Party shall bear its own expenses and the Parties shall each bear half of the expenses of the arbitration; provided that, the costs and expenses of the prevailing Party in any court action to compel arbitration shall be borne by the non- non-prevailing Party as provided in the last clause of Section 21(d)(x).

Special Arbitration. With respect to any Dispute arising under Section 20(e)(ii8.06(b), the Arbitration procedures set forth in Section 21(d11.12(c) above shall govern as modified by this Section 21(d)(xii11.12(d). A. (i) During the first 15 days of the Submission Period each of the Parties shall designate an arbitrator and unless the third arbitrator has been selected as provided in the following sentence, the two arbitrators together shall, within 10 days of their appointment, select the third arbitrator who shall be an expert in one of the principal areas that is the subject to the arbitration. If the Parties can agree within the first 15 days of the Submission Period, the third arbitrator shall be a mutually selected individual with substantial experience in the general subject matter of the Dispute (the "EXPERTExpert"). No arbitrator shall have been employed by either Party party during the 24 months preceding the hearing date, unless the other Party party consents. The Expert shall serve as the chair of the panel. B. (ii) During the Submission Period, each Party shall submit to the each other and the arbitratorsArbitrators, a description of the Dispute and a proposed resolution, based on the facts known to the Party party at the time (an "INITIAL PROPOSALInitial Proposal"). C. (iii) Following discovery and as a part of the Partyparty's brief, each Party party shall make such adjustments, if any, as the Party party determines appropriate to the Initial Proposal. D. (iv) Notwithstanding Section 21(d)(x11.12(c)(vii), in the case of a Special Arbitration, each Party party shall bear its own expenses and the Parties shall each bear half of the expenses of the arbitration; provided that, the costs and expenses of the prevailing Party party in any court action to compel arbitration shall be borne by the non- non-prevailing Party party as provided in the last clause of Section 21(d)(x11.12(c)(vii).