The Arbitration Hearing Sample Clauses

The Arbitration Hearing. The arbitration hearing shall be held on a date and at a place and time mutually acceptable to the arbitrator and the parties within thirty (30) days following the appointment of the arbitrator. At least 72 hours in advance of the arbitration hearing, each party involved in the Dispute shall prepare its best and final offer to settle the Dispute in full (the “Final Offers”), and shall deliver its Final Offer to the other parties involved in the Dispute and the arbitrator. The arbitrator shall determine the format of the arbitration hearing to ensure that the parties have an opportunity to make an oral presentation of their views of the Dispute and to explain their Final Offers.

The Arbitration Hearing. The parties at the arbitration hearing will include the arbitrator, YOU, US and/or a third party designated by YOU or US or acting on YOUR or OUR behalf. Any party to the proceeding may be represented at the hearing. All persons who are parties to the arbitration, as well as representatives and witnesses, are entitled to attend hearings. After evidence is presented by YOU, US or YOUR or OUR representatives, a decision will be rendered by the arbitrator. The decision is final and binding on YOU and US. The arbitrator may grant any remedy, including statutory remedies, and other relief that the arbitrator deems just and equitable and within the scope of this LIMITED WARRANTY or other applicable agreements. The arbitrator will decide any dispute between the parties, as described above. Where a CONSTRUCTION DEFECT is alleged, the arbitrator will determine whether the alleged CONSTRUCTION DEFECT exists and whether it is OUR responsibility. If the arbitrator finds US responsible for a CONSTRUCTION DEFECT, WE shall be obligated to perform in accordance with OUR Warranty Obligations as described in Section II above. In connection with a CONSTRUCTION DEFECT dispute, the arbitrator retains jurisdiction and authority to decide any dispute as to the required scope of repair and the cost to repair the CONSTRUCTION DEFECT. In deciding such disputes, the arbitrator considers the terms of this LIMITED WARRANTY, any third-party evaluations, binding bids for repair work supplied by either of the parties, any estimates of diminished fair market value, and such other information submitted by the parties and deemed relevant by the arbitrator. Except where otherwise directed by the arbitrator’s award, the decision to repair, replace, or to make payment to YOU in lieu of repair or replacement is at OUR or OUR authorized representative’s sole option. The arbitrator will also render a decision as to any other claims, disputed matters or issues stated in the Binding Arbitration Request Form.

The Arbitration Hearing. The Arbitrator will ordinarily conduct the Arbitration Hearing in the manner set forth in these Rules. The Arbitrator may vary these procedures if it is determined to be reasonable and appropriate to do so. It is expected that the Employee will attend the Arbitration Hearing, as will any other individual party with information about a significant issue.

The Arbitration Hearing. At a date that is mutually convenient to the Arbitrator and the parties, but commencing no later than thirty (30) days following the close of discovery, the Arbitrator shall commence the arbitration hearing (the “Arbitration Hearing”). The Arbitration Hearing shall take place in New York, New York, at a location mutually selected by the parties or, absent agreement, chosen by the Arbitrator. The Arbitration Hearing need not run for consecutive days but must be completed within sixty (60) days following commencement of the Arbitration Hearing. At the Arbitration Hearing, the Arbitrator is bound to follow the substantive laws of Delaware applicable to the issues in the case, without regard to conflict of law principles. A failure to follow such law is grounds for a challenge to the award. Upon a showing of good cause by the requesting party(ies), the Arbitrator, using his or her reasonable discretion, shall determine the need to modify the time limits set forth in this Section 7.6.

The Arbitration Hearing. The following rules and procedures will govern the arbitration: (a) The Arbitrator may conduct the arbitration in a manner he determines appropriate for a fair and expeditious disposition of the proceeding. The Arbitrator will be the judge of the admissibility, relevance, materiality and weight of all evidence offered. Conformity to State or Federal rules of evidence and civil procedure shall not be necessary, except that rules applicable to work product privilege, attorney client privilege and settlement offers shall be enforced by the Arbitrator. (b) The Arbitrator will establish the time to be allocated for the hearing, giving due consideration to the nature of the case, the proof expected, and the reasonable requests of the parties' or their attorneys. Each party will be afforded a reasonable opportunity to make an opening statement, present evidence, cross-examine witnesses appearing at the hearing, and make a closing statement. The Parties may, but will not be required, to submit briefs or memoranda in support of their respective positions. (c) Either party may, at its expense, have the hearing transcribed, provided a copy of any transcript prepared shall be provided to the Arbitrator. (d) The Arbitrator may hear and decide the controversy upon the evidence presented although a party duly notified of the date and time of the hearing fails to appear. (e) All testimony shall be presented under oath or affirmation. (f) Each party shall have the right to be represented by counsel. (g) Unless the parties agree otherwise, the Arbitrator shall have the discretion to allow discovery upon such terms and conditions as he shall deem appropriate, taking into consideration the needs of the parties, the needs of witnesses, and the need to conduct the hearing in a fair, efficient and cost-effective manner. The Arbitrator may establish deadlines for exchanging evidence and exhibits, pre-marking exhibits, disclosing witnesses, and other pre-hearing matters in an appropriate case. Such measures will not be employed in every case, however, in an effort to maintain the efficiency and cost- effectiveness of the arbitration process. (h) Each party, and/or the Arbitrator, shall be entitled to subpoena witnesses for attendance at the hearing and/or for the production of records. All provisions of applicable state or federal rules of civil procedure relating to fees and expenses of witnesses shall be equally applicable in this arbitration. (i) Use of depositions of witnesses...

The Arbitration Hearing. At a date that is mutually convenient to the Arbitrators and the parties, but commencing no later than thirty (30) days following the close of discovery, the Arbitrators shall commence the arbitration hearing (the “Arbitration Hearing”). The Arbitration Hearing shall take place in Chicago, Illinois, at a location mutually selected by the parties or, absent agreement, chosen by the Arbitrators. The Arbitration Hearing need not run for consecutive days but must be completed within sixty (60) days following commencement of the Arbitration Hearing. At the Arbitration Hearing, the parties to this Agreement shall follow the Federal Rules of Evidence, and the Arbitrators are bound to apply such rules of evidence, unless the parties mutually agree to deviate from any rule in writing in advance of the Arbitration Hearing. The Arbitrators are also bound to follow the substantive laws of Illinois applicable to the issues in the case, without regard to conflict of law principles. For good cause shown, the Arbitrators can modify the provisions of this Section 13.10(b)(v).

The Arbitration Hearing. On the first (1st) Business Day following the 120th day following the Arbitrator Engagement Date, the Arbitrator shall commence the arbitration hearing (the “Arbitration Hearing”). The Arbitration Hearing shall take place in Wilmington, Delaware or at such other location as the parties may agree. The Arbitration Hearing need not run for consecutive days but must be completed on or before the first (1st) Business Day following the twentieth (20th) day after the Arbitration

The Arbitration Hearing. At a date that is mutually convenient to the General Arbitrators and the parties, but commencing no later than thirty (30) days following the close of discovery, the General Arbitrators shall commence the arbitration hearing (the “Arbitration Hearing”). The Arbitration Hearing shall take place at a location mutually selected by the parties or, absent agreement, chosen by the General Arbitrators. The Arbitration Hearing need not run for consecutive days but must be completed within sixty (60) days following commencement of the Arbitration Hearing. At the Arbitration Hearing, the parties to this Agreement shall follow the Federal Rules of Evidence, and the General Arbitrators are bound to apply such rules of evidence, unless the parties mutually agree to deviate from any rule in writing in advance of the Arbitration Hearing. The General Arbitrators are also bound to follow the substantive laws of Delaware applicable to the issues in the case, without regard to conflict of law principles. Upon a showing of good cause by the requesting party(ies), the General Arbitrators, using their reasonable discretion, shall determine the need to modify the time limits set forth in this clause (v).

The Arbitration Hearing. At a date that is mutually convenient to the Arbitrator and the parties, but commencing no later than thirty (30) days following the close of discovery, the Arbitrator shall commence the arbitration hearing (the “Arbitration Hearing”). The Arbitration Hearing shall take place in New York, New York, at a location mutually selected by the parties or, absent agreement, chosen by the Arbitrator. The Arbitration Hearing need not run for consecutive days but must be completed within sixty (60) days following commencement of the Arbitration Hearing. At the Arbitration Hearing, the Arbitrator is bound to follow the substantive laws of California applicable to the issues in the case, without regard to conflict of law principles. A failure to follow such law is grounds for a challenge to the award. Upon a showing of good cause by the requesting party(ies), the Arbitrator, in the Arbitrator’s reasonable discretion, shall determine the need to modify the time limits set forth in this Section 18.4.5.