Common use of Timing; Discovery; Awards, Fees and Expenses Clause in Contracts

Timing; Discovery; Awards, Fees and Expenses. (a) It is the intent of the Parties that the Independent Arbitrator exercise due diligence to expedite full submission of the Dispute and closing of the arbitration hearings barring extraordinary circumstances. Any arbitration hereunder shall be concluded as promptly as practicable. Unless the Parties otherwise agree, once commenced, hearings shall be held five days a week (Monday through Friday), with each hearing day to begin at 9:00 a.m. and conclude at 5:00 p.m. The Parties may by agreement alter these limits, or the Independent Arbitrator may alter these limits if the Independent Arbitrator determines that the interests of justice require such. The Independent Arbitrator shall use best efforts to issue the final award or awards within 40 Business Days after closing the hearings, or if hearings have been waived, from the date of the AAA’s transmittal of the final statements and proofs to the Independent Arbitrator. Failure to do so shall not be a basis for challenging the award. (b) To promote a speedy resolution of Disputes, the Parties agree that discovery shall be limited to that required by the Independent Arbitrator and shall be handled expeditiously. Each Party shall produce relevant and non-privileged documents or copies thereof requested by the other Party within the time limits set and to the extent required by order of the Independent Arbitrator. Depositions shall not be taken or interrogatories served or requests to admit expected as a matter of course and shall be propounded only upon order of the Independent Arbitrator. It is the intention of the Parties that all discovery shall be concluded within 30 Business Days of the date the statement of claim is received by the Independent Arbitrator unless the Independent Arbitrator rules that more time is required in the interests of justice and to obtain a fair and informed result. All disputes regarding discovery shall be promptly resolved by the Independent Arbitrator. (c) Following closing of the hearings, the Independent Arbitrator shall render its written award as provided by the Commercial Arbitration Rules. The award shall include findings of fact and conclusions of law upon which the award is based. The Independent Arbitrator shall endeavor to base the written award on the applicable law chosen by the Parties. A copy of the award of the Independent Arbitrator shall be filed with the Compliance Auditor and the PSCW. (d) The Parties shall equally share the cost of the fee or honorarium of the Independent Arbitrator. Each Party agrees to pay its own legal fees, including stenographic costs and other hearing-related expenses, such as travel, lodging, and any service charges required by the AAA. The Independent Arbitrator shall not be empowered to award consequential, exemplary or punitive damages. The Independent Arbitrator may in its written award render an award of attorneys’ fees and costs, the Independent Arbitrator’s fees and costs and all other costs of the arbitration against the losing Party in whole or in part as the Independent Arbitrator so determines.

Timing; Discovery; Awards, Fees and Expenses. (a) It is the intent of the Parties that the Independent Arbitrator exercise due diligence to expedite full submission of the Dispute and closing of the arbitration hearings barring extraordinary circumstances. Any arbitration hereunder shall be concluded as promptly as practicable. Unless the Parties otherwise agree, once commenced, hearings shall be held five (5) days a week (Monday through Friday), with each hearing day to begin at 9:00 a.m. and conclude at 5:00 p.m. The Parties may by agreement alter these limits, or the Independent Arbitrator may alter these limits if the Independent Arbitrator determines that the interests of justice require such. The Independent Arbitrator shall use best efforts to issue the final award or awards within 40 forty (40) Business Days after closing the hearings, or if hearings have been waived, from the date of the AAA’s transmittal of the final statements and proofs to the Independent Arbitrator. Failure to do so shall not be a basis for challenging the award. (b) To promote a speedy resolution of Disputes, the Parties agree that discovery shall be limited to that required by the Independent Arbitrator and shall be handled expeditiously. Each Party shall produce relevant and non-privileged documents or copies thereof requested by the other Party within the time limits set and to the extent required by order of the Independent Arbitrator. Depositions shall not be taken or interrogatories served or requests to admit expected as a matter of course and shall be propounded only upon order of the Independent Arbitrator. It is the intention of the Parties that all discovery shall be concluded within 30 thirty (30) Business Days of the date the statement of claim is received by the Independent Arbitrator unless the such Independent Arbitrator rules that more time is required in the interests of justice and to obtain a fair and informed result. All disputes regarding discovery shall be promptly resolved by the Independent Arbitrator. (c) Following closing of the hearings, the Independent Arbitrator shall render its written award as provided by the Commercial Arbitration Rules. The award shall include findings of fact and conclusions of law upon which the award is based. The Independent Arbitrator shall endeavor to base the written award on the applicable law chosen by the Parties. A copy of the award of the Independent Arbitrator shall be filed with the Compliance Auditor and the PSCW. (d) The Parties shall equally share the cost of the fee or honorarium of the Independent Arbitrator. Each Party agrees to pay its own legal fees, including stenographic costs and other hearing-related expenses, such as travel, lodging, and any service charges required by the AAA. The Independent Arbitrator shall not be empowered to award consequential, exemplary or punitive damages. The Independent Arbitrator may in its written award render an award of attorneys’ fees and costs, the Independent Arbitrator’s fees and costs and all other costs of the arbitration against the losing Party in whole or in part as the Independent Arbitrator so determines.

Timing; Discovery; Awards, Fees and Expenses. (a) It is the intent of the Parties that the Independent Arbitrator exercise due diligence to expedite full submission of the Dispute and closing of the arbitration hearings barring extraordinary circumstances. Any arbitration hereunder shall be concluded as promptly as practicable. Unless the Parties otherwise agree, once commenced, hearings shall be held five (5) days a week (Monday through Friday), with each hearing day to begin at 9:00 a.m. and conclude at 5:00 p.m. The Parties may by agreement alter these limits, or the Independent Arbitrator may alter these limits if the Independent Arbitrator determines that the interests of justice require such. The Independent Arbitrator shall use best efforts to issue the final award or awards within 40 forty (40) Business Days after closing the hearings, or if hearings have been waived, from the date of the AAA’s 's transmittal of the final statements and proofs to the Independent Arbitrator. Failure to do so shall not be a basis for challenging the award. (b) To promote a speedy resolution of Disputes, the Parties agree that discovery shall be limited to that required by the Independent Arbitrator and shall be handled expeditiously. Each Party shall produce relevant and non-privileged documents or copies thereof requested by the other Party within the time limits set and to the extent required by order of the Independent Arbitrator. Depositions shall not be taken or interrogatories served or requests to admit expected as a matter of course and shall be propounded only upon order of the Independent Arbitrator. It is the intention of the Parties that all discovery shall be concluded within 30 thirty (30) Business Days of the date the statement of claim is received by the Independent Arbitrator unless the such Independent Arbitrator rules that more time is required in the interests of justice and to obtain a fair and informed result. All disputes regarding discovery shall be promptly resolved by the Independent Arbitrator. (c) Following closing of the hearings, the Independent Arbitrator shall render its written award as provided by the Commercial Arbitration Rules. The award shall include findings of fact and conclusions of law upon which the award is based. The Independent Arbitrator shall endeavor to base the written award on the applicable law chosen by the Parties. A copy of the award of the Independent Arbitrator shall be filed with the Compliance Auditor and the PSCW. (d) The Parties shall equally share the cost of the fee or honorarium of the Independent Arbitrator. Each Party agrees to pay its own legal fees, including stenographic costs and other hearing-related expenses, such as travel, lodging, and any service charges required by the AAA. The Independent Arbitrator shall not be empowered to award consequential, exemplary or punitive damages. The Independent Arbitrator may in its written award render an award of attorneys’ ' fees and costs, the Independent Arbitrator’s fees and costs and all other costs of the arbitration against the losing Party in whole or in part as the Independent Arbitrator so determines.

Timing; Discovery; Awards, Fees and Expenses. (a) It is the intent of the Parties that the Independent Arbitrator exercise due diligence to expedite full submission of the Dispute and closing of the arbitration hearings barring extraordinary circumstances. Any arbitration hereunder shall be concluded as promptly as practicable. Unless the Parties otherwise agree, once commenced, hearings shall be held five (5) days a week (Monday through Friday), with each hearing day to begin at 9:00 a.m. and conclude at 5:00 p.m. The Parties may by agreement alter these limits, or the Independent Arbitrator may alter these limits if the Independent Arbitrator determines that the interests of justice require such. The Independent Arbitrator shall use best efforts to issue the final award or awards within 40 forty(40) Business Days after closing the hearings, or if hearings have been waived, from the date of the AAA’s 's transmittal of the final statements and proofs to the Independent Arbitrator. Failure to do so shall not be a basis for challenging the award. (b) To promote a speedy resolution of Disputes, the Parties agree that discovery shall be limited to that required by the Independent Arbitrator and shall be handled expeditiously. Each Party shall produce relevant and non-privileged documents or copies thereof requested by the other Party within the time limits set and to the extent required by order of the Independent Arbitrator. Depositions shall not be taken or interrogatories served or requests to admit expected as a matter of course and shall be propounded only upon order of the Independent Arbitrator. It is the intention of the Parties that all discovery shall be concluded within 30 thirty (30) Business Days of the date the statement of claim is received by the Independent Arbitrator unless the such Independent Arbitrator rules that more time is required in the interests of justice and to obtain a fair and informed result. All disputes regarding discovery shall be promptly resolved by the Independent Arbitrator. (c) Following closing of the hearings, the Independent Arbitrator shall render its written award as provided by the Commercial Arbitration Rules. The award shall include findings of fact and conclusions of law upon which the award is based. The Independent Arbitrator shall endeavor to base the written award on the applicable law chosen by the Parties. A copy of the award of the Independent Arbitrator shall be filed with the Compliance Auditor and the PSCW. (d) The Parties shall equally share the cost of the fee or honorarium of the Independent Arbitrator. Each Party agrees to pay its own legal fees, including stenographic costs and other hearing-related expenses, such as travel, lodging, and any service charges required by the AAA. The Independent Arbitrator shall not be empowered to award consequential, exemplary or punitive damages. The Independent Arbitrator may in its written award render an award of attorneys’ ' fees and costs, the Independent Arbitrator’s fees and costs and all other costs of the arbitration against the losing Party in whole or in part as the Independent Arbitrator so determines.