Process for Subsets of Parties to Select Two Arbitrators Who Then Select a Third Clause Samples
Process for Subsets of Parties to Select Two Arbitrators Who Then Select a Third. The process of selecting a panel of arbitrators under section 4.2 of this Exhibit E will be the same as specified in section 4.1 of this Exhibit E, except that
(i) there will be only two Nominating Participants (as described in item (iii) below), and therefore only two lists of potential arbitrators totaling ten individuals, and the Nominating Participants will take turns striking names from each other’s lists until only two names remain (one on each Nominating Participant’s list),
(ii) the two names remaining after the process of striking names will serve on the panel of arbitrators and together will select one additional person (with experience with electric utility contracts) to serve as the third member of the panel that will serve as Arbitrator for the dispute, and
(iii) as used in section 4.2 (and section 11.2, if applicable) of this Exhibit E, the term “Nominating Participant” means
(a) in a dispute in which Participant Parties are limited to COU Parties and IOUs (but not BPA),
(1) those COU Parties that are Participants (collectively), or
(2) those IOUs that are Participants (collectively);
(b) in a dispute in which Participant Parties are limited to BPA and COU Parties (but not IOUs),
(1) BPA, or
(2) those COU Parties that are Participants (collectively),
(c) in a dispute in which Participant Parties are limited to BPA and IOUs (but not COU Parties),
(1) BPA, or
(2) those IOUs that are Participants (collectively), and collectively means the foregoing subsets of Parties, taken together as described in items (a), (b), or (c) above, but in the groupings identified in subparts (1) and (2), as applicable, of each such item.