Arbitrator's Qualifications and Selection Sample Clauses

Arbitrator's Qualifications and Selection. The Arbitrator shall be an active member of the New York Bar, specializing for at least 15 years in mergers and acquisitions. The Arbitrator shall be selected by the New York chapter head of the American Arbitration Association upon the request of any Party. The Arbitrator shall be selected within 30 days of request.
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Arbitrator's Qualifications and Selection. For disputes involving three (3) arbitrators, each party involved in the arbitration shall have the right to submit to the other party involved in the proceeding a proposed list of five (5) qualified arbitrators. Each party must select one of the proposed candidates nominated by the other party within ten (10) days after receiving the list of candidates. The arbitrators selected by the parties shall then select a third qualified arbitrator to act as chairman. Each arbitrator shall be fully active in his or her profession or occupation. All arbitration proceedings shall be conducted in Houston, Texas. For Disputes involving only one (1) arbitrator, the arbitrator shall be selected in the manner prescribed by the AAA Rules. Should the parties fail to timely join in the appointment of the arbitrators or should more than two (2) parties be involved in the arbitration, the arbitrators shall be appointed in accordance with the AAA Rules. The arbitrators shall be fully compensated in accordance with their normal hourly or per diem rates for all time spent by them in connection with the arbitration proceeding, and pending final award, their compensation and expenses shall be advanced equally between or among all parties participating in the arbitration. Each arbitrator, including those nominated S3-12 188 by a party, shall conduct himself as a neutral, and once each arbitrator has been appointed, there shall be no substantive ex parte communication between any party or its representative and any arbitrator regarding the arbitration proceeding or its subject matter.
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Arbitrator's Qualifications and Selection. For disputes involving three (3) arbitrators, each Party involved in the arbitration shall have the right to submit to the other Party involved in the proceeding a proposed list of five (5) qualified arbitrators. Each Party must select one of the proposed candidates nominated by the other Party within ten (10) Days after receiving the list of candidates. The arbitrators selected by the Parties shall then select a third qualified arbitrator to act as chairman. Each arbitrator shall be fully active in his or her profession or occupation. All arbitration proceedings shall be conducted in Tulsa, Oklahoma. If the dispute will be heard by three (3) arbitrators, the arbitrator to be selected by the Party-appointed arbitrators shall be a lawyer experienced in arbitrating large commercial issues of the kind or type similar to those being disputed by the Parties. For disputes involving only one (1) arbitrator, the arbitrator shall be selected in the manner prescribed by the AAA Rules. Should the Parties fail to timely join in the appointment of the arbitrators or should more than two (2) Parties be involved in the arbitration, the arbitrators shall be appointed in accordance with the AAA Rules. The arbitrators shall be fully compensated in accordance with their normal hourly or per diem rates for all time spent by them in connection with the arbitration proceeding, and pending final award, their compensation and expenses shall be advanced equally between or among all Parties participating in the arbitration. Each arbitrator, including those nominated by a Party, shall conduct himself or herself as a neutral, and once each arbitrator has been appointed, there shall be no substantive ex parte communication between any Party or its representative and any arbitrator regarding the arbitration proceeding or its subject matter.
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Arbitrator's Qualifications and Selection. The Arbitrator shall be an active member of the California Bar, specializing for at least fifteen (15) years in mergers and acquisitions. The Arbitrator shall be selected by the California chapter head of the American Arbitration Association upon the request of any Party. The Arbitrator shall be selected within thirty (30) days of request.
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Arbitrator's Qualifications and Selection. Each Arbitrator shall be an active member of the Bar in the jurisdiction in which the arbitration is brought, specializing in real estate law. The party initiating arbitration (the "Claimant") shall appoint its Arbitrator in its demand (the "Demand"). The other party (the "Respondent") shall appoint its Arbitrator within 20 Business Days of receipt of the Demand and shall notify the Claimant of such appointment in writing. If the Respondent fails to appoint an Arbitrator within such period of 20 Business Days, the Arbitrator named in the Demand shall decide the controversy as a sole Arbitrator. Otherwise, the two Arbitrators appointed by the parties shall appoint a third Arbitrator within 20 Business Days after the Respondent has notified the Claimant of the appointment of the Respondent's Arbitrator. When the Arbitrators appointed by the Claimant and the Respondent have appointed a. third Arbitrator and the third Arbitrator has accepted the appointment, the two Arbitrators shall promptly notify the parties of the appointment of the Arbitrator.
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Related to Arbitrator's Qualifications and Selection

  • Arbitrator Qualifications and Powers; Awards Arbitrators must be active members of the California State Bar or retired judges of the state or federal judiciary of California, with expertise in the substantive laws applicable to the subject matter of the Dispute. Arbitrators are empowered to resolve Disputes by summary rulings in response to motions filed prior to the final arbitration hearing. Arbitrators (i) shall resolve all Disputes in accordance with the substantive law of the state of California, (ii) may grant any remedy or relief that a court of the state of California could order or grant within the scope hereof and such ancillary relief as is necessary to make effective any award, and (iii) shall have the power to award recovery of all costs and fees, to impose sanctions and to take such other actions as they deem necessary to the same extent a judge could pursuant to the Federal Rules of Civil Procedure, the California Rules of Civil Procedure or other applicable law. Any Dispute in which the amount in controversy is $5,000,000 or less shall be decided by a single arbitrator who shall not render an award of greater than $5,000,000 (including damages, costs, fees and expenses). By submission to a single arbitrator, each party expressly waives any right or claim to recover more than $5,000,000. Any Dispute in which the amount in controversy exceeds $5,000,000 shall be decided by majority vote of a panel of three arbitrators; provided however, that all three arbitrators must actively participate in all hearings and deliberations.

  • Arbitrator Qualifications and Powers Any arbitration proceeding in which the amount in controversy is $5,000,000.00 or less will be decided by a single arbitrator selected according to the Rules, and who shall not render an award of greater than $5,000,000.00. Any dispute in which the amount in controversy exceeds $5,000,000.00 shall be decided by majority vote of a panel of three arbitrators; provided however, that all three arbitrators must actively participate in all hearings and deliberations. The arbitrator will be a neutral attorney licensed in the State of California or a neutral retired judge of the state or federal judiciary of California, in either case with a minimum of ten years experience in the substantive law applicable to the subject matter of the dispute to be arbitrated. The arbitrator will determine whether or not an issue is arbitratable and will give effect to the statutes of limitation in determining any claim. 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. The arbitrator shall resolve all disputes in accordance with the substantive law of California and may grant any remedy or relief that a court of such state could order or grant within the scope hereof and such ancillary relief as is necessary to make effective any award. The arbitrator shall also have the power to award recovery of all costs and fees, to impose sanctions and to take such other action as the arbitrator deems necessary to the same extent a judge could pursuant to the Federal Rules of Civil Procedure, the California Rules of Civil Procedure or other applicable law. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The institution and maintenance of an action for judicial relief or pursuit of a provisional or ancillary remedy shall not constitute a waiver of the right of any party, including the plaintiff, to submit the controversy or claim to arbitration if any other party contests such action for judicial relief.

  • Qualifications of Arbitrators Each arbitrator selected as provided herein is required to be or have been a director or executive officer of a corporation whose shares of common stock were listed during at least one year of such service on the New York Stock Exchange or the American Stock Exchange or quoted on the National Association of Securities Dealers Automated Quotations System.

  • FCC Qualifications Section 7.04

  • Procedures for Actions and Consents of Partners The actions requiring Consent of any Partner or Partners pursuant to this Agreement, including Section 7.3 hereof, or otherwise pursuant to applicable law, are subject to the procedures set forth in this Article 14.

  • Organization and Good Standing; Qualification The Seller has been duly organized and is validly existing as a limited liability company in good standing under the laws of the State of Delaware, with the power and authority to own or lease its properties and to conduct its activities as such properties are currently owned or leased and such activities are currently conducted.

  • Qualifications, Legal Investment All authorizations, approvals, or permits, if any, of any governmental authority or regulatory body of the United States or of any state that are required in connection with the lawful sale and issuance of the Securities and Warrant Shares shall have been duly obtained and shall be effective on and as of the Closing. No stop order or other order enjoining the sale of the Securities or Warrant Shares shall have been issued and no proceedings for such purpose shall be pending or, to the knowledge of the Company, threatened by the SEC, or any commissioner of corporations or similar officer of any state having jurisdiction over this transaction. At the time of the Closing, the sale and issuance of the Securities and the Warrant Shares shall be legally permitted by all laws and regulations to which the Purchasers and the Company are subject. No litigation, statute, rule, regulation, executive order, decree, ruling or injunction will have been enacted, entered, promulgated or endorsed by or in any court or governmental authority of competent jurisdiction or any self-regulatory organization having authority over the matters contemplated hereby which prohibits the consummation of any of the transactions contemplated by this Agreement.

  • Selection and Payment of Appeal Panel In the event an Appellant delivers an Appeal Notice to the Appellee (together with proof of payment of the applicable bond) in compliance with the provisions of Paragraph 5.1 above, the Appeal will be heard by a three (3) person arbitration panel (the “Appeal Panel”).

  • Tax Qualification Each Employee Benefit Plan intended to be qualified under Section 401(a) of the Code has been determined to be so qualified by the Internal Revenue Service and nothing has occurred since the date of the last such determination which resulted or is likely to result in the revocation of such determination.

  • Nasdaq Qualification The Shares to be issued shall be duly authorized for listing by Nasdaq, subject to official notice of issuance, to the extent required by the rules of Nasdaq.

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