Terms of Arbitration. (a) The Tribunal need not follow strict rules of evidence; provided that each party shall, except for good cause shown, be afforded the right of cross-examination and redirect examination of any witness of the other party, in the manner provided by the Tribunal. (b) The Tribunal shall make its decision based upon this Agreement, including the laws of the State of Tennessee as provided in Section 16.04, and giving due regard to the customs and practices of the insurance and reinsurance industries. (c) The parties agree that the arbitration will be confidential, and thus, neither they nor their attorneys, advisors, agents or employees acting on their behalf will issue a press release, hold a press conference, make affirmative statements to the media or otherwise disclose to a third party (other than disclosure to Affiliate(s) of a party on a need-to-know basis and such Affiliate(s) is/are informed of the confidential nature of such information and is/are instructed to keep such information confidential) information made known and documents produced in the arbitration not otherwise in the public domain, evidence and materials created for the purpose of the arbitration and awards arising from the arbitration, except and to the extent that disclosure is required by Applicable Law or regulation, is required to protect or pursue a legal right or is required to enforce or challenge an award in legal proceedings before a court or other competent judicial authority.
Appears in 2 contracts
Samples: Reinsurance Agreement (Unum Group), Reinsurance Agreement (Unum Group)
Terms of Arbitration. (a) The Tribunal need not follow strict rules of evidence; provided that each party shall, except for good cause shown, be afforded the right of cross-examination and redirect examination of any witness of the other party, in the manner provided by the Tribunal.
(b) The Tribunal shall make its decision based upon this Agreement, including the laws of the State Commonwealth of Tennessee Massachusetts as provided in Section 16.04, and giving due regard to the customs and practices of the insurance and reinsurance industries.
(c) The parties agree that the arbitration will be confidential, and thus, neither they nor their attorneys, advisors, agents or employees acting on their behalf will issue a press release, hold a press conference, make affirmative statements to the media or otherwise disclose to a third party (other than disclosure to Affiliate(s) of a party on a need-to-know basis and such Affiliate(s) is/are informed of the confidential nature of such information and is/are instructed to keep such information confidential) information made known and documents produced in the arbitration not otherwise in the public domain, evidence and materials created for the purpose of the arbitration and awards arising from the arbitration, except and to the extent that disclosure is required by Applicable Law or regulation, is required to protect or pursue a legal right or is required to enforce or challenge an award in legal proceedings before a court or other competent judicial authority.
Appears in 2 contracts
Samples: Reinsurance Agreement (Unum Group), Reinsurance Agreement (Unum Group)
Terms of Arbitration. (a) The Tribunal need not follow strict rules of evidence; provided that each party shall, except for good cause shown, be afforded the right of cross-examination and redirect examination of any witness of the other party, in the manner provided by the Tribunal.
(b) The Tribunal shall make its decision based upon this Agreement, including the laws of the State of Tennessee Maine as provided in Section 16.04, and giving due regard to the customs and practices of the insurance and reinsurance industries.
(c) The parties agree that the arbitration will be confidential, and thus, neither they nor their attorneys, advisors, agents or employees acting on their behalf will issue a press release, hold a press conference, make affirmative statements to the media or otherwise disclose to a third party (other than disclosure to Affiliate(s) of a party on a need-to-know basis and such Affiliate(s) is/are informed of the confidential nature of such information and is/are instructed to keep such information confidential) information made known and documents produced in the arbitration not otherwise in the public domain, evidence and materials created for the purpose of the arbitration and awards arising from the arbitration, except and to the extent that disclosure is required by Applicable Law or regulation, is required to protect or pursue a legal right or is required to enforce or challenge an award in legal proceedings before a court or other competent judicial authority.
Appears in 1 contract
Samples: Reinsurance Agreement (Unum Group)
Terms of Arbitration. (a) The Tribunal need not follow strict rules of evidence; provided that each party shall, except for good cause shown, be afforded the right of cross-examination and redirect examination of any witness of the other party, in the manner provided by the Tribunal.
(b) The Tribunal shall make its decision based upon this Agreement, including the laws of the State of Tennessee Maine as provided in Section 16.04, and giving due regard to the customs and practices of the insurance and reinsurance industries.
(c) The parties agree that the arbitration will be confidential, and thus, neither they nor their attorneys, advisors, agents or employees acting on their behalf will issue a press release, hold a press conference, make affirmative statements to the media or otherwise disclose to a third party (other than disclosure to Affiliate(s) of a party on a need-to-know basis and such Affiliate(s) is/are informed of the confidential nature of such information and is/are instructed to keep such information confidential) information made known and documents produced in the arbitration not otherwise in the public domain, evidence and materials created for the purpose of the arbitration and awards arising from the arbitration, except and to the extent that disclosure is required by Applicable Law or regulation, is required to protect or pursue a legal right or is required to enforce or challenge an award in legal proceedings before a court or other competent judicial authority.
Appears in 1 contract
Samples: Reinsurance Agreement (Unum Group)