Common use of Procedures; No Appeal Clause in Contracts

Procedures; No Appeal. The arbitrator(s) shall allow such discovery as the arbitrator(s) determine appropriate under the circumstances, provided that any party shall be entitled to reasonable production of documents and not less than (i) 16 hours of deposition examination and 20 written interrogatories if the matter in controversy (exclusive of attorneys fees and costs) is $1,500,000 or less; and (ii) 24 hours of deposition examination and 40 written interrogatories if the matter in controversy (exclusive of attorneys fees and costs) exceeds $1,500,000. The arbitrators shall resolve the dispute as expeditiously as practicable, and if reasonably practicable, within one hundred twenty (120) days after the selection of the arbitrator(s). The arbitrator(s) shall give the parties written notice of the decision, with the reasons therefor set out, and shall have thirty (30) days thereafter to reconsider and modify such decision if any party so requests within ten (10) days after the decision. Thereafter, the decision of the arbitrator(s) shall be final, binding, and nonappealable with respect to all persons, including (without limitation) persons who have failed or refused to participate in the arbitration process. The privileges, including, without limitation, the attorney-client privilege, shall apply in arbitration.

Appears in 3 contracts

Samples: Shareholder Agreement (Sykes Enterprises Inc), Shareholder Agreement (Healthplan Services Corp), Shareholder Agreement (Sykes Healthplan Services Inc)

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Procedures; No Appeal. The arbitrator(s) shall allow such discovery as the arbitrator(s) determine appropriate under the circumstances, provided that any party shall be entitled to reasonable production of documents and not less than (i) 16 hours of deposition examination and 20 written interrogatories if the matter in controversy (exclusive of attorneys attorneys' fees and costs) is $1,500,000 500,000 or less; and (ii) 24 hours of deposition examination and 40 written interrogatories if the matter in controversy (exclusive of attorneys attorneys' fees and costs) exceeds $1,500,000500,000. The arbitrators shall resolve the dispute as expeditiously as practicable, and if reasonably practicable, within one hundred twenty (120) days after the selection of the arbitrator(s). The arbitrator(s) shall give the parties written notice of the decision, with the reasons therefor set out, and shall have thirty (30) days thereafter to reconsider and modify such decision if any party so requests within ten (10) days after the decision. Thereafter, the decision of the arbitrator(s) shall be final, binding, and nonappealable with respect to all persons, including (without limitation) persons who have failed or refused to participate in the arbitration process. The privileges, including, without limitation, the attorney-client privilege, shall apply in arbitration.

Appears in 3 contracts

Samples: Employment Agreement (Sykes Healthplan Services Inc), Employment Agreement (Sykes Healthplan Services Inc), Employment Agreement (Sykes Healthplan Services Inc)

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