Arbitrating Party definition
Examples of Arbitrating Party in a sentence
If the American Arbitration Association should fail to appoint the necessary arbitrator or arbitrators within fifteen (15) days after such request is made, then either Arbitrating Party may apply, on notice to the other Arbitrating Party or Parties, to a court of competent jurisdiction for the appointment of such necessary additional arbitrators.
If the Parties are unable to agree upon the identity of a single arbitrator, within ten (10) days from the receipt of such demand, the Purchaser and the Supplier shall each (collectively, the “Arbitrating Parties”), within a period of five (5) additional days, name from the AAA List one (1) arbitrator by written notice to the other Arbitrating Party or Parties.
Each of the arbitrator or arbitrators chosen or appointed pursuant to this Section 15.1.3(b) shall be a person having at least ten (10) years experience in the United States in the legal profession and shall not be a past or present officer, director or employee of, or have any material interest in, any Arbitrating Party or any Affiliate of an Arbitrating Party.
Any documents that are not produced to the other Arbitrating Party prior to the termination of this 120-day discovery period may not be offered into evidence at the arbitration hearing unless such production shall not prejudice the non-producing Arbitrating Party as determined by the arbitrator or arbitrators, as the case may be.
The Arbitrating Parties shall be entitled to reasonable discovery prior to the arbitration hearing, and the arbitrator or arbitrators, as the case may be, shall have the power upon application of any Arbitrating Party to make all appropriate orders for discovery from the other Arbitrating Party, including discovery of documents, responses to interrogatories, and depositions.
Such decision shall be based solely upon the written arguments and contentions, evidence and legal authorities, submitted by each Arbitrating Party.
Interpretation of any live proceedings of the arbitration and translation of written arguments and documentation shall be provided if requested by any Arbitrating Party, at the expense of such requesting Arbitrating Party.
With respect to arbitration proceedings held under the ICSID Convention and ICSID Arbitration Rules, the Parties agree that the period of time to which reference is made in Article 38 of the ICSID Convention shall be extended to ninety (90) days after the submission of a request by an Arbitrating Party to the International Chamber of Commerce to appoint a third and presiding arbitrator.
Each Arbitrating Party shall, at the request of an opposing Arbitrating Party or the arbitral tribunal, make available to the arbitral tribunal and the opposing Arbitrating Party all documents and witnesses substantially relevant, as determined by the tribunal, to the dispute.
Each Arbitrating Party shall be responsible for its own costs incurred during the arbitration process and for an equal share of the cost of the single Arbitrator.