Motion Practice. In any arbitration proceeding the arbitrator will decide (by documents only or with a hearing at the arbitrator's discretion) any pre-hearing motions which are similar to motions to dismiss for failure to state a claim or motions for summary adjudication.
Appears in 4 contracts
Sources: Loan Repayment Agreement (Ballantyne of Omaha Inc), Loan Agreement (Lundgren Bros Construction Inc), Severance Agreement (Tanners Restaurant Group Inc)
Motion Practice. In any arbitration proceeding hereunder, the arbitrator will arbitrator(s) shall decide (by documents only or with a hearing at the arbitrator's discretion) any pre-hearing motions which are substantially similar to pre-hearing motions to dismiss for failure to state a claim or motions for summary adjudication.
Appears in 4 contracts
Sources: Loan Agreement (Kewaunee Scientific Corp /De/), Paycheck Protection Program Term Note (Jerrick Media Holdings, Inc.), Construction Loan Agreement (Forestar Group Inc.)
Motion Practice. In any arbitration proceeding hereunder, the arbitrator will arbitrator(s) shall decide (by documents only or with a hearing hearing, at the arbitrator's discretion) any pre-hearing motions which are substantially similar to pre-hearing motions to dismiss for failure to state a claim or motions for summary adjudication.
Appears in 2 contracts
Sources: Sub Administration Agreement (Undiscovered Managers Funds), Transfer Agency and Services Agreement (Undiscovered Managers Funds)
Motion Practice. In any arbitration proceeding hereunder, the arbitrator will shall decide (by documents only or with a hearing hearing, at the arbitrator's discretion) any pre-hearing motions which are substantially similar to pre-hearing motions to dismiss for failure to state a claim or motions for summary adjudication.
Appears in 2 contracts
Sources: Administration and Accounting Services Agreement (New Alternatives Fund Inc), Administration and Accounting Services Agreement (New Alternatives Fund Inc)