Discovery Procedures. Adequate provision for the discovery of relevant facts, including the taking of testimony under oath, production of relevant documents and other things, the presentation of evidence, the taking of samples, conducting of tests, and inspection of land and tangible items shall be granted by the arbitrator(s). When deciding the nature and extent of such discovery, the arbitrator(s) shall take into account (a) the complexity of the dispute, (b) the extent to which facts are disputed, (c) the extent to which the credibility of witnesses is relevant to a resolution, and (d) the amount in controversy. Discovery disputes shall be resolved by the arbitrator(s) by telephonic means or other means determined by the arbitrator(s).
Appears in 3 contracts
Sources: It Services Agreement (Perot Systems Corp), Information Technology Services Agreement (Perot Systems Corp), Information Technology Services Agreement (Perot Systems Corp)