Procedure for Arbitration. (a) The arbitral tribunal shall consist of three arbitrators. The claimant(s), irrespective of number, shall nominate jointly one arbitrator; the respondent(s), irrespective of number, shall nominate jointly the second arbitrator; and a third arbitrator, who shall serve as Chairman (who shall be a lawyer currently qualified in England and Wales and be admitted to the Bar of England and Wales), shall be appointed by the LCIA within 15 days of the appointment of the second arbitrator. (b) In the event the claimant(s) or the respondent(s) shall fail to nominate an arbitrator within the time limits specified in the Rules, such arbitrator shall be appointed by the LCIA within 15 days of such failure. In the event that both the claimant(s) and the respondent(s) fail to nominate an arbitrator within the time limits specified in the Rules, all three arbitrators shall be appointed by the LCIA within 15 days of such failure who shall designate one of them as chairman. (c) If all the parties to an arbitration so agree, there shall be a sole arbitrator appointed by the LCIA within 15 days of such agreement. (d) The seat of arbitration shall be London, England and the language of the arbitration shall be English. (e) Where disputes arise under this Agreement or any other Finance Document which, in the reasonable opinion of the first arbitral tribunal to be appointed in any of the Disputes, are so closely connected that it is expedient for them to be resolved in the same proceedings, that arbitral tribunal shall have the power to order that the proceedings to resolve that Dispute shall be consolidated with those to resolve any of the other Disputes (whether or not proceedings to resolve those other Disputes have yet been instituted), provided that no date for the final hearing of the first arbitration has been fixed. If the arbitral tribunal so orders, the parties to each Dispute which is a subject of the order shall be treated as having consented to that Dispute being finally decided: (i) by the arbitral tribunal who ordered the consolidation unless the LCIA decides that it would not be suitable or impartial; and (ii) in accordance with the procedure, at the seat and in the language specified in the arbitration agreement in the contract under which the arbitral tribunal who ordered the consolidation was appointed, save as otherwise agreed by all parties to the consolidated proceedings or, in the absence of such agreement, ordered by the arbitral tribunal in the consolidated proceedings.
Appears in 2 contracts
Sources: Facility Agreement (Lillian Acquisition, Inc.), Facility Agreement (CTC Media, Inc.)
Procedure for Arbitration. (a) The arbitral tribunal shall consist of three arbitrators. The claimant(s), irrespective of number, shall nominate jointly one arbitrator; the respondent(s), irrespective of number, shall nominate jointly the second arbitrator; and a third arbitrator, who shall serve as Chairman (who shall be a lawyer currently qualified in England and Wales and be admitted to the Bar of England and Wales), shall be appointed by the LCIA Court as soon as possible and, in any event, within 15 days of the appointment of the second arbitrator.
(b) In the event the claimant(s) or the respondent(s) shall fail to nominate an arbitrator within the time limits specified in the Rules, such arbitrator shall be appointed by the LCIA Court as soon as possible and, in any event, within 15 days of such failure. In the event that both the claimant(s) and the respondent(s) fail to nominate an arbitrator within the time limits specified in the Rules, all three arbitrators shall be appointed by the LCIA Court as soon as possible and, in any event, within 15 days of such failure who shall designate one of them as chairman.
(c) If all the parties to an arbitration so agree, there shall be a sole arbitrator appointed by the LCIA Court as soon as possible and, in any event, within 15 days of such agreement.
(d) The seat of arbitration shall be London, England England, and the language of the arbitration shall be English.
(e) Where disputes arise under this Agreement or Deed and/or any other Finance Document which, in the reasonable opinion of the first arbitral tribunal arbitrator to be appointed by a Finance Party in any of the Disputesdisputes, are so closely connected that it is expedient for them to be resolved in the same proceedings, that arbitral tribunal arbitrator shall have the power to order that the proceedings to resolve that Dispute dispute shall be consolidated with those to resolve any of the other Disputes disputes (whether or not proceedings to resolve those other Disputes disputes have yet been instituted), provided that no date for the final hearing of the first arbitration has been fixed. If the arbitral tribunal he so orders, the parties to each Dispute dispute which is a subject of the to his order shall be treated as having consented to that Dispute dispute being finally decided:
(i) by the arbitral tribunal arbitrator who ordered the consolidation unless the LCIA Court decides that it he would not be suitable or impartial; and
(ii) in accordance with the procedure, at the seat and in the language specified in the arbitration agreement in the contract under which the arbitral tribunal arbitrator who ordered the consolidation was appointed, save as otherwise agreed by all parties to the consolidated proceedings or, in the absence of such agreement, ordered by the arbitral tribunal arbitrator in the consolidated proceedings.
Appears in 2 contracts
Sources: Guarantee (Wimm Bill Dann Foods Ojsc), Guarantee (Wimm Bill Dann Foods Ojsc)
Procedure for Arbitration. (a) The arbitral tribunal shall consist of three arbitrators. The claimant(s), irrespective of number, shall nominate jointly one arbitrator; the respondent(s), irrespective of number, shall nominate jointly the second arbitrator; and a third arbitrator, who shall serve as Chairman (who shall be a lawyer currently qualified in England and Wales and be admitted to the Bar of England and Wales)Chairman, shall be appointed by the LCIA Court within 15 days of the appointment of the second arbitrator.
(b) In the event the claimant(s) or the respondent(s) shall fail to nominate an arbitrator within the time limits specified in the Rules, such arbitrator shall be appointed by the LCIA Court within 15 days of such failure. In the event that both the claimant(s) and the respondent(s) fail to nominate an arbitrator within the time limits specified in the Rules, all three 3 arbitrators shall be appointed by the A12723407 LCIA Court within 15 days of such failure who shall designate one of them as chairman.
(c) If all the parties to an arbitration so agree, there shall be a sole arbitrator appointed by the LCIA Court within 15 days of such agreement.
(d) The seat of arbitration shall be London, England and the language of the arbitration shall be English.
(e) Where disputes arise under this Agreement or any other Finance Document and/or the Purchase Agreement which, in the reasonable opinion of the first arbitral tribunal to be appointed by the Pledgee in any of the Disputesdisputes, are so closely connected that it is expedient for them to be resolved in the same proceedings, that arbitral tribunal shall have the power to order that the proceedings to resolve that Dispute dispute shall be consolidated with those to resolve any of the other Disputes disputes (whether or not proceedings to resolve those other Disputes disputes have yet been instituted), provided that no date for the final hearing of the first arbitration has been fixed. If the arbitral tribunal so orders, the parties to each Dispute dispute which is a subject of the order shall be treated as having consented to that Dispute dispute being finally decided:
(i) by the arbitral tribunal who ordered the consolidation unless the LCIA Court decides that it would not be suitable or impartial; and
(ii) in accordance with the procedure, at the seat and in the language specified in the arbitration agreement in the contract under which the arbitral tribunal who ordered the consolidation was appointed, save as otherwise agreed by all parties to the consolidated proceedings or, in the absence of such agreement, ordered by the arbitral tribunal in the consolidated proceedings.
Appears in 1 contract
Sources: Pledge Agreement (Pepsico Inc)
Procedure for Arbitration. (a) The arbitral tribunal shall consist of three (3) arbitrators. The claimant(s), irrespective of number, claimant shall nominate jointly one arbitrator; the respondent(s), irrespective of number, respondent shall nominate jointly the second arbitrator; and a third arbitrator, who shall serve as Chairman (who shall be a lawyer currently qualified in England and Wales and be admitted to the Bar of England and Wales)chairman, shall be appointed by the LCIA Court within 15 fifteen (15) days of the appointment of the second arbitrator.
(b) For the avoidance of any doubt, SNH and Perenco shall only be entitled to collectively appoint one arbitrator, and Golar and Golar Cam shall only be entitled to collectively appoint one arbitrator. If SNH or Perenco commences arbitration otherwise than jointly with the other, the arbitrator appointed by it shall be deemed to have been appointed with the agreement of the other. If Golar or Golar Cam commences arbitration otherwise than jointly with the other, the arbitrator appointed by it shall be deemed to have been appointed with the agreement of the other.
(c) In the event the claimant(s) claimant or the respondent(s) respondent shall fail to nominate an arbitrator within the time limits specified in the Rules, such arbitrator shall be appointed by the LCIA Court within 15 fifteen (15) days of such failure. In the event that both the claimant(s) claimant and the respondent(s) respondent fail to nominate an arbitrator within the time limits specified in the Rules, all three arbitrators shall be appointed by the LCIA Court within 15 fifteen (15) days of such failure who shall designate one of them as chairman.
(cd) If all the both parties to an arbitration so agree, there shall be a sole arbitrator appointed by the LCIA Court within 15 fifteen (15) days of such agreement.
(de) The seat of arbitration shall be LondonGeneva, England Switzerland, and the language of the arbitration shall be English.
(e) Where disputes arise under this Agreement or any other Finance Document which, in the reasonable opinion of the first arbitral tribunal to be appointed in any of the Disputes, are so closely connected that it is expedient for them to be resolved in the same proceedings, that arbitral tribunal shall have the power to order that the proceedings to resolve that Dispute shall be consolidated with those to resolve any of the other Disputes (whether or not proceedings to resolve those other Disputes have yet been instituted), provided that no date for the final hearing of the first arbitration has been fixed. If the arbitral tribunal so orders, the parties to each Dispute which is a subject of the order shall be treated as having consented to that Dispute being finally decided:
(i) by the arbitral tribunal who ordered the consolidation unless the LCIA decides that it would not be suitable or impartial; and
(ii) in accordance with the procedure, at the seat and in the language specified in the arbitration agreement in the contract under which the arbitral tribunal who ordered the consolidation was appointed, save as otherwise agreed by all parties to the consolidated proceedings or, in the absence of such agreement, ordered by the arbitral tribunal in the consolidated proceedings.
Appears in 1 contract
Sources: Amendment Agreement (Golar LNG LTD)
Procedure for Arbitration. (a) The arbitral tribunal shall consist of three arbitrators. The claimant(s), irrespective of number, shall nominate jointly one arbitrator; the respondent(s), irrespective of number, shall nominate jointly the second arbitrator; and a third arbitrator, who shall serve as Chairman (who shall be a lawyer currently qualified in England and Wales and be admitted to the Bar of England and Wales), shall be appointed by the LCIA Court as soon as possible and, in any event, within 15 days of the appointment of the second arbitrator.
(b) In the event the claimant(s) or the respondent(s) shall fail to nominate an arbitrator within the time limits specified in the Rules, such arbitrator shall be appointed by the LCIA Court as soon as possible and, in any event, within 15 days of such failure. In the event that both the claimant(s) and the respondent(s) fail to nominate an arbitrator within the time limits specified in the Rules, all three arbitrators shall be appointed by the LCIA Court as soon as possible and, in any event, within 15 days of such failure who shall designate one of them as chairman.
(c) If all the parties to an arbitration so agree, there shall be a sole arbitrator appointed by the LCIA Court as soon as possible and, in any event, within 15 days of such agreement.
(d) The seat of arbitration shall be London, England England, and the language of the arbitration shall be English.
(e) Where disputes arise under this Agreement or and/or any other Finance Document which, in the reasonable opinion of the first arbitral tribunal arbitrator to be appointed by a Finance Party in any of the Disputesdisputes, are so closely connected that it is expedient for them to be resolved in the same proceedings, that arbitral tribunal arbitrator shall have the power to order that the proceedings to resolve that Dispute dispute shall be consolidated with those to resolve any of the other Disputes disputes (whether or not proceedings to resolve those other Disputes disputes have yet been instituted), provided that no date for the final hearing of the first arbitration has been fixed. If the arbitral tribunal he so orders, the parties to each Dispute dispute which is a subject of the to his order shall be treated as having consented to that Dispute dispute being finally decided:
(i) by the arbitral tribunal arbitrator who ordered the consolidation unless the LCIA Court decides that it he would not be suitable or impartial; and
(ii) in accordance with the procedure, at the seat and in the language specified in the arbitration agreement in the contract under which the arbitral tribunal arbitrator who ordered the consolidation was appointed, save as otherwise agreed by all parties to the consolidated proceedings or, in the absence of such agreement, ordered by the arbitral tribunal arbitrator in the consolidated proceedings.
Appears in 1 contract
Procedure for Arbitration. (1) Within ten (10) days from the OLRCB’s receipt of the request to arbitrate, both parties shall request the Federal Mediation and Conciliation Service (FMCS) to refer a panel of seven (7) impartial arbitrators. The request shall require FMCS to refer only arbitrators
(a) The arbitral tribunal shall consist who are on the roster of three arbitrators. The claimant(slabor arbitrators maintained by the American Arbitration Association (AAA), irrespective and (b) whose primary offices are located in the District of numberColumbia or a contiguous jurisdiction in Virginia (Alexandria, shall nominate jointly Arlington or Fairfax Counties, or wholly incorporated municipalities within those counties) or Maryland (▇▇▇▇▇▇▇▇▇▇ or Prince George’s Counties, or wholly incorporated municipalities within those counties). Upon receipt of the panel, the parties will select one arbitrator; of the respondent(s)names on the panel as mutually agreeable or, irrespective of number, shall nominate jointly the second arbitrator; and a third if there is no mutually agreeable arbitrator, who shall serve as Chairman (who shall be each party alternately strikes a lawyer currently qualified in England and Wales and be admitted to name from the Bar of England and Wales)submitted panel until one remains. If, shall be appointed by the LCIA within 15 days upon receipt of the appointment first list, the parties agree that none of the second arbitratorsubmitted arbitrators are acceptable, the parties shall jointly request a new panel whose members meet the same requirements as listed above.
(b2) In the event the claimant(s) or the respondent(s) shall fail to nominate an arbitrator within the time limits specified in the Rules, such arbitrator The Arbitration hearing shall be appointed by the LCIA within 15 days of such failure. In the event that both the claimant(s) informal and the respondent(s) fail to nominate an arbitrator within the time limits specified in the Rules, all three arbitrators rules of evidence shall be appointed by the LCIA within 15 days of such failure who shall designate one of them as chairmannot strictly apply.
(c3) If all The hearing shall not be open to the parties to an arbitration so agreepublic or persons not immediately involved, there except those persons present on behalf of the respective parties.
(4) Witnesses (other than the parties) shall be sequestered upon the request of either party.
(5) Either party has the right to have a sole arbitrator appointed by the LCIA within 15 days of such verbatim stenographic record made at its own expense. The expense shall be shared upon mutual agreement.
(d6) The seat of arbitration arbitrator's award shall be Londonin writing and shall set forth the arbitrator's findings, England reasoning and conclusions within thirty (30) days after the language of hearing or after the arbitration shall be Englisharbitrator receives the parties’ briefs, if any, whichever is later.
(e7) Where disputes arise under this Agreement or any other Finance Document whichThe arbitrator's award shall be final and binding upon both parties, in the reasonable opinion however, either party may exercise its right to obtain review of the first arbitral tribunal to be appointed arbitrator's award in any of the Disputes, are so closely connected that it is expedient for them to be resolved in the same proceedings, that arbitral tribunal an appropriate forum or forums.
(8) The arbitrator shall not have the power to order that add to, subtract from or modify the proceedings to resolve that Dispute provisions of this agreement through the award.
(9) A statement of the arbitrator's fee and expenses shall accompany the award. The fee and expenses of the arbitrator shall be consolidated with those to resolve any of the other Disputes (whether or not proceedings to resolve those other Disputes have yet been instituted), provided that no date for the final hearing of the first arbitration has been fixed. If the arbitral tribunal so orders, the parties to each Dispute which is a subject of the order shall be treated as having consented to that Dispute being finally decided:
(i) borne equally by the arbitral tribunal who ordered the consolidation unless the LCIA decides that it would not be suitable or impartial; and
(ii) in accordance with the procedure, at the seat and in the language specified in the arbitration agreement in the contract under which the arbitral tribunal who ordered the consolidation was appointed, save as otherwise agreed by all parties to the consolidated proceedings or, in the absence of such agreement, ordered by the arbitral tribunal in the consolidated proceedingsparties.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure for Arbitration. (a) The arbitral tribunal shall consist of three arbitrators. The claimant(s), irrespective of number, shall nominate jointly one arbitrator; the respondent(s), irrespective of number, shall nominate jointly the second arbitrator; and a third arbitrator, who shall serve as Chairman chairman (who shall be a lawyer currently qualified in England and Wales and be admitted to the Bar of England and Wales), shall be appointed by the LCIA within 15 days of the appointment of the second arbitrator.
(b) In the event the claimant(s) or the respondent(s) shall fail to nominate an arbitrator within the time limits specified in the Rules, such arbitrator shall be appointed by the LCIA within 15 days of such failure. In the event that both the claimant(s) and the respondent(s) fail to nominate an arbitrator within the time limits specified in the Rules, all three arbitrators shall be appointed by the LCIA within 15 days of such failure who shall designate one of them as chairman.
(c) If all the parties to an arbitration so agree, there shall be a sole arbitrator appointed by the LCIA within 15 days of such agreement.
(d) The seat of arbitration shall be London, England and the language of the arbitration shall be English.
(e) Where disputes arise under this Agreement or any other Finance Document which, in the reasonable opinion of the first arbitral tribunal to be appointed in any of the Disputes, are so closely connected that it is expedient for them to be resolved in the same proceedings, that arbitral tribunal shall have the power to order that the proceedings to resolve that Dispute shall be consolidated with those to resolve any of the other Disputes (whether or not proceedings to resolve those other Disputes have yet been instituted), provided that no date for the final hearing of the first arbitration has been fixed. If the arbitral tribunal so orders, the parties to each Dispute which is a subject of the order shall be treated as having consented to that Dispute being finally decided:
(i) by the arbitral tribunal who ordered the consolidation unless the LCIA decides that it would not be suitable or impartial; and
(ii) in accordance with the procedure, at the seat and in the language specified in the arbitration agreement in the contract under which the arbitral tribunal who ordered the consolidation was appointed, save as otherwise agreed by all parties to the consolidated proceedings or, in the absence of such agreement, ordered by the arbitral tribunal in the consolidated proceedings.
Appears in 1 contract
Sources: Facility Agreement (Open Joint Stock Co Vimpel Communications)
Procedure for Arbitration. (a) The arbitral tribunal shall consist of three arbitrators. The claimant(s), irrespective of number, shall nominate jointly one arbitrator; the respondent(s), irrespective of number, shall nominate jointly the second arbitrator; and a third arbitrator, who shall serve as Chairman (who shall be a lawyer currently qualified in England and Wales and be admitted to the Bar of England and Wales), shall be appointed by the LCIA within 15 days of the appointment of the second arbitrator.
(b) In the event the claimant(s) or the respondent(s) shall fail to nominate an arbitrator within the time limits specified in the Rules, such arbitrator shall be appointed by the LCIA Court within 15 days of such failure. In the event that both the claimant(s) and the respondent(s) fail to nominate an arbitrator within the time limits specified in the Rules, all three arbitrators shall be appointed by the LCIA Court within 15 days of such failure who shall designate one of them as chairman.
(cb) If all the parties to an arbitration so agree, there shall be a sole arbitrator appointed by the LCIA Court within 15 days of such agreement.
(dc) The seat of arbitration shall be London, England and the language of the arbitration shall be English.
(ed) Where disputes arise under this Agreement or any other Finance Document which, in the reasonable opinion of the first arbitral tribunal to be appointed in any of the Disputesdisputes, are so closely connected that it is expedient for them to be resolved in the same proceedings, that arbitral tribunal shall have the power to order that the proceedings to resolve that Dispute dispute shall be consolidated with those to resolve any of the other Disputes disputes (whether or not proceedings to resolve those other Disputes disputes have yet been instituted), provided that no date for the final hearing of the first arbitration has been fixed. If the arbitral tribunal so orders, the parties to each Dispute dispute which is a subject of the order shall be treated as having consented to that Dispute dispute being finally decided:
(i) by the arbitral tribunal who ordered the consolidation unless the LCIA Court decides that it would not be suitable or impartial; and
(ii) in accordance with the procedure, at the seat and in the language specified in the arbitration agreement in the contract under which the arbitral tribunal who ordered the consolidation was appointed, save as otherwise agreed by all parties to the consolidated proceedings or, in the absence of such agreement, ordered by the arbitral tribunal in the consolidated proceedings.
Appears in 1 contract
Procedure for Arbitration. (a) The arbitral tribunal shall consist of three arbitrators. The claimant(s), irrespective of number, shall nominate jointly one arbitrator; the respondent(s), irrespective of number, shall nominate jointly the second arbitrator; and a third arbitrator, who shall serve as Chairman (who shall be a lawyer currently qualified in England and Wales and be admitted to the Bar of England and Wales)Chairman, shall be appointed by the LCIA Court within 15 days of the appointment of the second arbitrator.
(b) In the event the claimant(s) or the respondent(s) shall fail to nominate an arbitrator within the time limits specified in the Rules, such arbitrator shall be appointed by the LCIA Court within 15 days of such failure. In the event that both the claimant(s) and the respondent(s) fail to nominate an arbitrator within the time limits specified in the Rules, all three arbitrators shall be appointed by the LCIA Court within 15 days of such failure who shall designate one of them as chairman.
(c) If all the parties to an arbitration so agree, there shall be a sole arbitrator appointed by the LCIA Court within 15 days of such agreement.
(d) The seat of arbitration shall be London, England and the language of the arbitration shall be English.
(e) Where disputes arise under this Agreement or any other Finance Document which, in the reasonable opinion of the first arbitral tribunal to be appointed in any of the Disputesdisputes, are so closely connected that it is expedient for them to be resolved in the same proceedings, that arbitral tribunal shall have the power to order that the proceedings to resolve that Dispute dispute shall be consolidated with those to resolve any of the other Disputes disputes (whether or not proceedings to resolve those other Disputes disputes have yet been instituted), provided that no date for the final hearing of the first arbitration has been fixed. If the arbitral tribunal so orders, the parties to each Dispute dispute which is a subject of the order shall be treated as having consented to that Dispute dispute being finally decided:
(i) by the arbitral tribunal who ordered the consolidation unless the LCIA Court decides that it would not be suitable or impartial; and
(ii) in accordance with the procedure, at the seat and in the language specified in the arbitration agreement in the contract under which the arbitral tribunal who ordered the consolidation was appointed, save as otherwise agreed by all parties to the consolidated proceedings or, in the absence of such agreement, ordered by the arbitral tribunal in the consolidated proceedings.
Appears in 1 contract
Procedure for Arbitration. (a) The arbitral tribunal shall consist of three (3) arbitrators. The claimant(s), irrespective of number, claimant shall nominate jointly one arbitrator; the respondent(s), irrespective of number, respondent shall nominate jointly the second arbitrator; and a third arbitrator, who shall serve as Chairman (who shall be a lawyer currently qualified in England and Wales and be admitted to the Bar of England and Wales)chairman, shall be appointed by the LCIA Court within 15 [*****] days of the appointment of the second arbitrator.
(b) For the avoidance of any doubt, SNH and Perenco shall only be entitled to collectively appoint one arbitrator, and Golar and Golar Cam shall only be entitled to collectively appoint one arbitrator. If SNH or Perenco commences arbitration otherwise than jointly with the other, the arbitrator appointed by it shall be deemed to have been appointed with the agreement of the other. If Golar or Golar Cam commences arbitration otherwise than jointly with the other, the arbitrator appointed by it shall be deemed to have been appointed with the agreement of the other.
(c) In the event the claimant(s) claimant or the respondent(s) respondent shall fail to nominate an arbitrator within the time limits specified in the Rules, such arbitrator shall be appointed by the LCIA Court within 15 [*****] days of such failure. In the event that both the claimant(s) claimant and the respondent(s) respondent fail to nominate an arbitrator within the time limits specified in the Rules, all three arbitrators shall be appointed by the LCIA Court within 15 days [*****] of such failure who shall designate one of them as chairman.
(cd) If all the both parties to an arbitration so agree, there shall be a sole arbitrator appointed by the LCIA Court within 15 [*****] days of such agreement.
(de) The seat of arbitration shall be LondonGeneva, England Switzerland, and the language of the arbitration shall be English.
(e) Where disputes arise under this Agreement or any other Finance Document which, in the reasonable opinion of the first arbitral tribunal to be appointed in any of the Disputes, are so closely connected that it is expedient for them to be resolved in the same proceedings, that arbitral tribunal shall have the power to order that the proceedings to resolve that Dispute shall be consolidated with those to resolve any of the other Disputes (whether or not proceedings to resolve those other Disputes have yet been instituted), provided that no date for the final hearing of the first arbitration has been fixed. If the arbitral tribunal so orders, the parties to each Dispute which is a subject of the order shall be treated as having consented to that Dispute being finally decided:
(i) by the arbitral tribunal who ordered the consolidation unless the LCIA decides that it would not be suitable or impartial; and
(ii) in accordance with the procedure, at the seat and in the language specified in the arbitration agreement in the contract under which the arbitral tribunal who ordered the consolidation was appointed, save as otherwise agreed by all parties to the consolidated proceedings or, in the absence of such agreement, ordered by the arbitral tribunal in the consolidated proceedings.
Appears in 1 contract
Procedure for Arbitration. SAWS and LCRA hereby agree as follows: SUBJECT TO THE MEDIATION PROVISION IN SECTION 10.5. HEREOF, ANY CONTROVERSIES, DISPUTES, ISSUES, CLAIMS, AND OTHER MATTERS IN QUESTION ARISING OUT OF OR RELATING TO (a1) The arbitral tribunal shall consist ACCOUNTING FOR COSTS, EXPENSES AND CREDITS, OR (2) ENGINEERING OR DESIGN REQUIREMENTS FOR ANY PART OF A COMPONENT PROJECT OR THE LCRA TRANSMISSION FACILITIES UNDER THIS AGREEMENT AND ANY OTHER INSTRUMENTS EXECUTED IN CONNECTION WITH THIS DEFINITIVE AGREEMENT SHALL BE SETTLED AND DETERMINED IN ▇▇▇▇▇▇ COUNTY, TEXAS, BY BINDING ARBITRATION ADMINISTERED IN ACCORDANCE WITH THE RULES OF THE TEXAS GENERAL ARBITRATION ACT. Immediately upon the failure of three arbitrators. The claimant(s)mediation, irrespective any Party may initiate arbitration under this Section 10.6 by giving written notice of number, shall nominate jointly one arbitrator; the respondent(s), irrespective of number, shall nominate jointly the second arbitrator; and a third arbitrator, who shall serve as Chairman (who shall be a lawyer currently qualified in England and Wales and be admitted demand for arbitration to the Bar of England and Wales), shall be appointed by the LCIA within 15 days other Party of the issues in dispute. Thereafter, each Party shall appoint a single arbitrator and give notice of such appointment to the other within thirty (30) days after the notice of the second arbitrator.
(b) In the event the claimant(s) or the respondent(s) shall fail to nominate an arbitrator within the time limits specified in the Rulesdemand. Thereafter, such one final neutral arbitrator shall be appointed by the LCIA within 15 days of such failure. In the event that both the claimant(s) and the respondent(s) fail to nominate an arbitrator within the time limits specified in the Rules, all three arbitrators shall be appointed by the LCIA within 15 days of such failure who shall designate one of them as chairman.
(c) If all the parties to an arbitration so agree, there shall be a sole arbitrator appointed by the LCIA within 15 days of such agreement.
(d) The seat of arbitration shall be London, England and the language Presiding Judge of the arbitration shall be English.
(e) Where disputes arise under this Agreement or any other Finance Document whichState District Court of ▇▇▇▇▇▇ County, in the reasonable opinion of the first arbitral tribunal to be appointed in any of the DisputesTexas, are so closely connected that it is expedient for them to be resolved in the same proceedings, that arbitral tribunal shall have the power to order that the proceedings to resolve that Dispute shall be consolidated with those to resolve any of the other Disputes (whether or not proceedings to resolve those other Disputes have yet been instituted), provided that no date for the final hearing of the first arbitration has been fixed. If the arbitral tribunal so orders, the parties to each Dispute which is a subject of the order shall be treated as having consented to that Dispute being finally decided:
(i) by the arbitral tribunal who ordered the consolidation unless the LCIA decides that it would not be suitable or impartial; and
(ii) in accordance with the procedure, at the seat and in the language specified in the arbitration agreement in the contract under which the arbitral tribunal who ordered the consolidation was appointed, save as otherwise agreed by all parties to the consolidated proceedings or, in the absence of such agreementa Presiding Judge, ordered the Judge of the lowest-numbered State District Court in ▇▇▇▇▇▇ County, Texas. The arbitrators shall hold a hearing within a reasonable time from the date of notice of selection of the neutral arbitrator. The written notice of demand for arbitration must be accompanied by a statement of the issues in dispute. The arbitrators shall be entitled to award attorneys’ fees, expenses and costs to the prevailing Party in any arbitration hereunder; otherwise expenses of the arbitration shall be apportioned equally between the Parties except each Party shall pay its own expenses of the proceedings, including attorneys fees. The arbitration shall take place and be subject to and be governed by the arbitral tribunal in provisions of the consolidated proceedingsTEXAS GENERAL ARBITRATION ACT.
Appears in 1 contract
Sources: Definitive Agreement
Procedure for Arbitration. (a) The arbitral tribunal right of any party to require the arbitration of any Dispute hereunder and the arbitration of any Dispute hereunder shall consist be governed by the Federal laws of the United States (including expressly, but without limitation, the Federal Arbitration Act).
(b) The arbitration shall be held in Washington, D.C. in the event Seller demands arbitration and in Atlanta, Georgia in the event Purchaser demands arbitration. Demand for arbitration (an "Arbitration Notice") shall be delivered by the party demanding arbitration under this Agreement (the "Initiating Party") to the party (or parties) with whom arbitration is sought in accordance with the procedure set forth in the Rules. The filing fee in connection with the arbitration shall be paid by the parting demanding arbitration. The parties shall agree upon an arbitrator within thirty (30) calendar days after the demand for arbitration is served. If they fail to do so within such time, the arbitrator, or a panel of three arbitrators. The claimant(s), irrespective of number, shall nominate jointly one arbitrator; the respondent(s), irrespective of number, shall nominate jointly the second arbitrator; and a third arbitrator, who shall serve as Chairman (who shall be a lawyer currently qualified in England and Wales and be admitted arbitrators if so requested by any party to the Bar of England and Wales)Dispute, shall be appointed by the LCIA within 15 days AAA. If the arbitrator dies, becomes disqualified or incapacitated, or fails or refuses to act before the matter or matters subjected to such arbitration have been determined, then, in place of the appointment of the second such arbitrator.
(b) In the event the claimant(s) or the respondent(s) , a new arbitrator shall fail to nominate an arbitrator within the time limits specified promptly be appointed in the Rules, same manner as such arbitrator. The arbitrator or arbitration panel shall decide any matter before him or it in accordance with this Agreement. The arbitrator shall be appointed by have the LCIA within 15 days of such failure. In the event that both the claimant(s) power and the respondent(s) fail discretion to nominate an arbitrator within order discovery and the time limits specified in the Rules, all three arbitrators shall be appointed by the LCIA within 15 days taking of such failure who shall designate one of them as chairmandepositions.
(c) If all The arbitrator or arbitration panel shall proceed promptly and diligently and render his or her decision as soon as practicable. The decision of the parties to an arbitrator or arbitration so agree, there panel shall be in writing and presented in separate findings of fact and law (the "Arbitrators Report") which shall be a sole arbitrator appointed by final and binding award on the LCIA within 15 days of such agreementparties from which no appeal may be taken, and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction thereto.
(d) The seat All fees, costs and expenses (including reasonable attorneys' fees and expenses) incurred by a party that prevails on any issue in any arbitration commenced hereunder or in any judicial proceeding seeking to enforce this agreement to arbitrate disputes or seeking to enforce any order or award of any arbitration hereunder shall be London, England and assessed against the language of the arbitration shall be Englishparty or parties that do not prevail on such issue or issues.
(e) Where disputes arise under Notwithstanding the foregoing, it is hereby agreed that the arbitrator or arbitration panel shall only have the power to order or grant relief in a manner that is directly related to the subject matter of the dispute before the arbitrator or arbitration panel, that the relief or order that may be granted by the arbitrator or arbitration panel shall be limited to that which a court of competent jurisdiction would have had the power to order or grant were the dispute to have been heard before such court, and that no arbitrator or arbitration panel shall have any power to add to, alter or modify the terms and conditions of this Agreement or any other Finance Document which, agreement executed and delivered in connection herewith or to decide any issue which does not arise from the reasonable opinion interpretation or application of the first arbitral tribunal to be appointed in any provisions of the Disputes, are so closely connected that it is expedient for them to be resolved in the same proceedings, that arbitral tribunal shall have the power to order that the proceedings to resolve that Dispute shall be consolidated with those to resolve any of the other Disputes (whether or not proceedings to resolve those other Disputes have yet been instituted), provided that no date for the final hearing of the first arbitration has been fixed. If the arbitral tribunal so orders, the parties to each Dispute which is a subject of the order shall be treated as having consented to that Dispute being finally decided:
(i) by the arbitral tribunal who ordered the consolidation unless the LCIA decides that it would not be suitable or impartial; and
(ii) in accordance with the procedure, at the seat and in the language specified in the arbitration agreement in the contract under which the arbitral tribunal who ordered the consolidation was appointed, save as otherwise agreed by all parties to the consolidated proceedings or, in the absence of such agreement, ordered by the arbitral tribunal in the consolidated proceedingsthis Agreement.
Appears in 1 contract
Sources: Asset Purchase Agreement (Homecom Communications Inc)
Procedure for Arbitration. (a) The arbitral tribunal shall consist of three (3) arbitrators. The claimant(s), irrespective of number, claimant shall nominate jointly one arbitrator; the respondent(s), irrespective of number, respondent shall nominate jointly the second arbitrator; and a third arbitrator, who shall serve as Chairman (who shall be a lawyer currently qualified in England and Wales and be admitted to the Bar of England and Wales)chairman, shall be appointed by the LCIA Court within 15 fifteen (15) days of the appointment of the second arbitrator.
(b) For the avoidance of any doubt, SNH and Perenco shall only be entitled to collectively appoint one arbitrator, and Golar and Golar Cam shall only be entitled to collectively appoint one arbitrator. If SNH or Perenco commences arbitration otherwise than jointly with the other, the arbitrator appointed by it shall be deemed to have been appointed with the agreement of the other. If Golar or Golar Cam commences arbitration otherwise than jointly with the other, the arbitrator appointed by it shall be deemed to have been appointed with the agreement of the other.
(c) In the event the claimant(s) claimant or the respondent(s) respondent shall fail to nominate an arbitrator within the time limits specified in the Rules, such arbitrator shall be appointed by the LCIA Court within 15 fifteen (15) days of such failure. In the event that both the claimant(s) claimant and the respondent(s) respondent fail to nominate an arbitrator within the time limits specified in the Rules, all three arbitrators shall be appointed by the LCIA Court within 15 fifteen (15) days of such failure who shall designate one of them as chairman.
(cd) If all the both parties to an arbitration so agree, there shall be a sole arbitrator appointed by the LCIA Court within 15 fifteen (15) days of such agreement.
(de) The seat of arbitration shall be LondonGeneva, England Switzerland, and the language of the arbitration shall be English.
(e) Where disputes arise under this Agreement or any other Finance Document which, in the reasonable opinion . EXECUTION PAGE SIGNED for and on behalf of the first arbitral tribunal to be appointed in any of the Disputes, are so closely connected that it is expedient for them to be resolved in the same proceedings, that arbitral tribunal shall have the power to order that the proceedings to resolve that Dispute shall be consolidated with those to resolve any of the other Disputes (whether or not proceedings to resolve those other Disputes have yet been instituted), provided that no date for the final hearing of the first arbitration has been fixed. If the arbitral tribunal so orders, the parties to each Dispute which is a subject of the order shall be treated as having consented to that Dispute being finally decided:
(i) by the arbitral tribunal who ordered the consolidation unless the LCIA decides that it would not be suitable or impartial; and
(ii) in accordance with the procedure, at the seat and in the language specified in the arbitration agreement in the contract under which the arbitral tribunal who ordered the consolidation was appointed, save as otherwise agreed by all parties to the consolidated proceedings or, in the absence of such agreement, ordered by the arbitral tribunal in the consolidated proceedings.SOCIÉTÉ NATIONALE DES HYDROCARBURES
Appears in 1 contract
Procedure for Arbitration. In cases where this Lease expressly provides for the settlement of a dispute or question by arbitration, the arbitration shall be conducted in accordance with the following:
(a) The arbitral tribunal party desiring arbitration shall consist appoint a disinterested person that satisfies the requirements of three arbitrators. The claimant(sSection 34.1(a), irrespective below, as arbitrator on its behalf and give notice thereof to the other party who shall, within fifteen (15) days thereafter, appoint a second disinterested person that satisfies the requirements of number, shall nominate jointly one arbitrator; the respondent(sSection 34.1(a), irrespective of numberbelow, as arbitrator on its behalf and give notice thereof to the first party.
(b) The two (2) arbitrators thus appointed shall nominate jointly the second arbitrator; and together appoint a third arbitrator, who shall serve as Chairman (who shall be a lawyer currently qualified in England and Wales and be admitted to disinterested person that satisfies the Bar requirements of England and WalesSection 34.1(a), shall be appointed by the LCIA below, within 15 fifteen (15) days of after the appointment of the second arbitrator.
, and said three (b3) In arbitrators shall, as promptly as possible, determine the event matter that is the claimant(s) or subject of the respondent(s) shall fail to nominate an arbitrator within arbitration and the time limits specified in decision of the Rules, such arbitrator majority of them shall be appointed by conclusive and binding on all parties and judgment upon the LCIA within 15 days of such failure. In the event that both the claimant(s) and the respondent(s) fail to nominate an arbitrator within the time limits specified award may be entered in the Rules, all three arbitrators shall be appointed by the LCIA within 15 days of such failure who shall designate one of them as chairmanany court having jurisdiction.
(c) If all a party who has the parties right pursuant to the foregoing to appoint an arbitration so agreearbitrator fails or neglects to do so, there shall be a sole arbitrator then and in such event, the other party (or if the two (2) arbitrators appointed by the LCIA within 15 days parties fail to appoint a third arbitrator when required hereunder, then either party) may apply to the American Arbitration Association (or any organization successor thereto), or in its absence, refusal, failure or inability to act, may apply for a court appointment of such agreementarbitrator.
(d) The seat of arbitration shall be Londonconducted in the City and County of New York, England and to the language extent applicable and consistent with this Section, shall be conducted in accordance with the commercial Arbitration Rules then obtaining of the American Arbitration Association in effect at the time of such arbitration or any successor body of similar function. Each party shall be Englishhave the right to present evidence in the arbitration.
(e) Where disputes arise under this Agreement Each party shall pay (i) its own fees and expenses relating to the arbitration and its arbitrator (including, without limitation, the fees and expenses of its counsel and of experts and witnesses retained or any other Finance Document which, in the reasonable opinion called by it) and (ii) one-half of the first arbitral tribunal fees and expenses of the third arbitrator, provided, that the arbitrators shall have the authority to be appointed award such fees and expenses in favor of the prevailing party.
(f) Landlord and Tenant shall sign all documents and do all other things necessary to submit any such matter to arbitration and further shall, and hereby do, waive any and all rights they or either of them may at any time have to revoke their agreement hereunder to submit to arbitration and to abide by the decision rendered thereunder. The arbitrators shall have no power to vary or modify any of the Disputes, are so closely connected that it provisions of this Lease and their jurisdiction is expedient for them to limited accordingly.
(g) Each of the arbitrators shall be resolved a licensed professional engineer or registered architect having at least ten (10) years' experience in the same proceedings, that arbitral tribunal shall have design and construction of Building similar in all material respects to the power to order that the proceedings to resolve that Dispute shall be consolidated with those to resolve any of the other Disputes (whether or not proceedings to resolve those other Disputes have yet been instituted), provided that no date for the final hearing of the first arbitration has been fixedPremises. If the arbitral tribunal so orderssubject matter of the dispute does not involve construction or design related issues, the parties to each Dispute which arbitrators shall have at least ten (10) years experience in the subject matter that is a the subject of the order shall arbitration. To the extent applicable and consistent with this Article 34, any such arbitrations involving construction and design related issues should be treated as having consented to that Dispute being finally decided:
(i) by the arbitral tribunal who ordered the consolidation unless the LCIA decides that it would not be suitable or impartial; and
(ii) conducted in accordance with the procedure, at Construction Arbitration Rules then obtaining of the seat and in the language specified in the arbitration agreement in the contract under which the arbitral tribunal who ordered the consolidation was appointed, save as otherwise agreed by all parties to the consolidated proceedings or, in the absence American Arbitration Association or any successor body of such agreement, ordered by the arbitral tribunal in the consolidated proceedingssimilar function.
Appears in 1 contract
Procedure for Arbitration. Section 1. Only matters specifically made subject to arbitration in Article 8, Section 3, "Changes in the Bell Atlantic Pension Plan and the Sickness and Accident Disability Benefit Plan;" Article 10, "Bell Atlantic Network Services Transfer Plan and Intercompany Job Bank;" Article 70, "Seniority in Promotions;" Article 71, Section 3, "Discharges, Demotions and Suspensions;" and Article 75, Section 2, "Interpretation and Procedure;" shall be arbitrated.
Section 2. The procedure to be followed in instituting and conducting the arbitration of any matter subject to arbitration under the provisions of Section 1 shall be as follows, unless otherwise mutually agreed upon between the parties:
(a) The arbitral tribunal Board of Arbitration shall consist of three arbitrators. The claimant(s)members, irrespective one of numberwhom shall be a member of the Union, shall nominate jointly designated by the Union, and one arbitrator; individual designated by the respondent(s), irrespective of number, shall nominate jointly the second arbitrator; and a third arbitratorCompany, who shall serve as Chairman (who be in the employ of the Company; the third shall be a lawyer currently qualified an Impartial Chairman designated in England the manner hereinafter described. The parties may waive the requirement of the Board of Arbitration by mutual agreement; and Wales and be admitted to an Impartial Chairman, designated in the Bar of England and Wales)manner hereinafter described, shall be appointed by the LCIA within 15 days of the appointment of the second arbitratordecide such cases.
(b) In The various steps required in connection with any such arbitration shall be taken as expeditiously as possible, but the event parties agree that the claimant(s) or the respondent(s) following steps shall fail to nominate an arbitrator be taken within the time limits specified stated unless an extension be mutually agreed to in writing.
(1) Within five days following the Rulesserving by either party upon the other of a written demand for arbitration, such arbitrator shall each party shall, by a written designation given to the other, appoint the Arbitrator to be appointed by it. Each such written designation shall state the LCIA full name and address of the Arbitrator appointed thereby.
(2) Should either the Union or the Company fail, within 15 days the time above stated, to appoint its Arbitrator, the vacancy resulting by reason of such failurefailure shall, upon the written request of either party be filled by an impartial individual (who shall not be an officer, director, stockholder or employee of the Company or of any Company of the Bell Atlantic Corporation, or of any Company of the former Bell System, or a member, officer, employee, representative, attorney or counsel of the Union or of any other Union or labor organization) appointed by the American Arbitration Association.
(3) At the same time that written demand for arbitration is served upon the other party, the American Arbitration Association shall be requested in writing to appoint an Impartial Chairman. The Impartial Chairman shall not be an officer, director, stockholder, or employee of the Company or of any Company of the Bell Atlantic Corporation, or of any Company of the former Bell System, nor shall he/she be a member, officer, offic ial, employee, representative, attorney or counsel of the Union or of any other Union or labor organization.
(4) Upon the appointment of the Impartial Chairman the Board of Arbitration shall be deemed to be constituted. Within ten days following the constitution of the Board of Arbitration, hearings shall be started and carried to conclusion as expeditiously as possible. The parties shall prior to the hearings, jointly stipulate in writing such issue or issues if they can agree, and if they cannot agree the Board shall reduce such issue or issues to writing at or before the commencement of the hearings. The arbitration shall be conducted under the Voluntary Labor Arbitration Rules then obtaining of the American Arbitration Association as to any procedural matter not specifically covered in this Agreement. In the event that both absence of unanimous agreement by the claimant(s) and other members of the respondent(s) fail Board of Arbitration with respect to nominate an arbitrator within the time limits specified closing of the proceeding, the Impartial Chairman may declare the proceeding closed. Within ten days following the closing of the proceeding the Board of Arbitration shall render its decision in the Rules, all three arbitrators writing.
Section 3. The Board of Arbitration in its decision shall be appointed bound by the LCIA within 15 days provisions of such failure who shall designate one of them as chairman.
(c) If all the parties to an arbitration so agree, there shall be a sole arbitrator appointed by the LCIA within 15 days of such agreement.
(d) The seat of arbitration shall be London, England and the language of the arbitration shall be English.
(e) Where disputes arise under this Agreement or any other Finance Document which, in the reasonable opinion of the first arbitral tribunal to be appointed in any of the Disputes, are so closely connected that it is expedient for them to be resolved in the same proceedings, that arbitral tribunal and shall not have the power to order that the proceedings to resolve that Dispute add to, subtract from, or modify any provision of this Agreement. The decision of a majority of said Board of Arbitration shall be consolidated with those to resolve any the decision of the other Disputes (whether Board of Arbitration. Such decision shall be final, and the Union and its members and the Company agree to abide by such decision, which shall be enforceable by appropriate action or not proceedings to resolve those other Disputes have yet been instituted)proceeding, provided that no date for the final hearing if necessary, in a court of law or equity or otherwise.
Section 4. Each of the first parties hereto shall bear the compensation and expenses of the member appointed by it or on its behalf. The compensation and expenses of the Impartial Chairman and of the American Arbitration Association, and any other expenses of the Board of Arbitration, shall be borne equally by the Union and the Company. Transcripts may, however, be waived by mutual agreement of the parties.
Section 5. In lieu of the procedures specified in Sections 2, 3 and 4 of this Article, any grievance involving the suspension of an individual employee, except those which also involve an issue of arbitrability, Contract interpretation, or work stoppage (strike) activity and those which are also the subject of an administrative charge or court action, shall be submitted to arbitration has been fixedunder the expedited arbitration procedure hereinafter provided within fifteen (15) calendar days after the filing of a request for arbitration. In all other grievances involving disciplinary action which are specifically subject to arbitration under Sections 2, 3 and 4 of this Article, both parties may, within fifteen (15) calendar days after the filing of the request for arbitration, elect to use the expedited arbitration procedure hereinafter provided. The election shall be in writing and, when signed by authorized representatives of the parties, shall be irrevocable. If no such election is made within the arbitral tribunal so ordersforegoing time period, the parties to each Dispute which is a subject arbitration procedure in Sections 2, 3 and 4 of the order this Article shall be treated followed. As soon as having consented to that Dispute being finally decided:
(i) possible after this Agreement becomes final and binding, a panel of three umpires shall be selected by the arbitral tribunal who ordered parties. Each umpire shall serve until the consolidation termination of this Agreement unless the LCIA decides that it would not be suitable or impartial; and
(ii) in accordance with the procedure, at the seat and in the language specified in the arbitration agreement in the contract under which the arbitral tribunal who ordered the consolidation was appointed, save as otherwise agreed his/her services are terminated earlier by all parties written notice from either party to the consolidated proceedings or, in other. The umpire shall be notified of his/her termination by a joint letter from the absence of such agreement, ordered parties. The umpire shall conclude his/her services by settling any grievance previously heard. A successor umpire shall be selected by the arbitral tribunal parties. Umpires shall be assigned cases in rotating order designated by the consolidated proceedings.parties. If an umpire is not available for a hearing within ten (10) working days after receiving an assignment, the case will be passed to the next umpire. If no one can hear the case within ten
Appears in 1 contract
Sources: Collective Bargaining Agreement