Common use of Replacement of Arbitrator Clause in Contracts

Replacement of Arbitrator. Should the arbitrator refuse or be unable to proceed with arbitration proceedings as called for by this Section, such arbitrator shall be replaced and a rehearing shall take place in accordance with the provisions of this Section. In such case, the replacement for the arbitrator shall be either selected by the AAA from the original group of potential arbitrators that were not rejected by the Parties or, if there are no such arbitrators available, selected by repeating the process of selection described in Subsection (a), above.

Appears in 6 contracts

Samples: Iru Agreement (Williams Communications Group Inc), Iru Agreement (Winstar Communications Inc), Iru Agreement (Winstar Communications Inc)

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Replacement of Arbitrator. Should the arbitrator refuse or be unable to proceed with arbitration proceedings as called for by this SectionSection 12.3(b), such arbitrator shall be replaced by an arbitrator selected by mutual agreement of the Parties or, failing such agreement, by the AAA from the other four (4) arbitrators originally proposed by the AAA and not rejected by the Parties, if any, or if there are no remaining proposed arbitrators who have not been rejected, by repeating the process of selection described in Section 12.3(b)(ii) above. If an arbitrator is replaced pursuant to this Section 12.3(b)(iv), then a rehearing shall take place in accordance with the provisions of this Section. In such case, the replacement for the arbitrator shall be either selected by the AAA from the original group of potential arbitrators that were not rejected by the Parties or, if there are no such arbitrators available, selected by repeating the process of selection described in Subsection (aSection 12.3(b), above.

Appears in 2 contracts

Samples: Credit Card Program Agreement (Macy's, Inc.), Credit Card Program Agreement (Federated Department Stores Inc /De/)

Replacement of Arbitrator. Should the retained arbitrator refuse or be unable to proceed with arbitration proceedings as called for by this SectionSection 21.2(a), such arbitrator shall be replaced and by an arbitrator selected by repeating the process of selection described in paragraph (i) above. If an arbitrator is replaced pursuant to this paragraph (iii), then a rehearing shall take place in accordance with the provisions of this SectionSection 21.2(a). In such case, the replacement for the The original arbitrator shall be either selected by remain the AAA from the original group of potential arbitrators that were not rejected by the Parties or, if there are no such arbitrators available, selected by repeating the process of selection described in Subsection (a), aboveretained arbitrator for future disputes.

Appears in 1 contract

Samples: Iv Agreement for Outsourcing Services (North American Van Lines Inc /De)

Replacement of Arbitrator. Should the arbitrator refuse or be unable to proceed with arbitration proceedings as called for by under this SectionSection 15.4, such arbitrator shall will be replaced by an arbitrator selected from the other four arbitrators originally proposed by the AAA and not rejected by any party or if there is no such arbitrator remaining, by repeating the process of selection. If an arbitrator is replaced pursuant to this Section 15.4(c), then a rehearing shall will take place in accordance with the provisions rules of this Section. In such case, the replacement for the arbitrator shall be either selected by the AAA from the original group of potential arbitrators that were not rejected by the Parties or, if there are no such arbitrators available, selected by repeating the process of selection described in Subsection (a), aboveAAA.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Screaming Media Com Inc)

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Replacement of Arbitrator. Should the arbitrator refuse or be unable to proceed with arbitration proceedings as called for by this SectionSection 12.3(b), such arbitrator shall be replaced by an arbitrator selected by mutual agreement of the Parties 86 or, failing such agreement, by the AAA from the other four (4) arbitrators originally proposed by the AAA and not rejected by the Parties, if any, or if there are no remaining proposed arbitrators who have not been rejected, by repeating the process of selection described in Section 12.3(b)(ii) above. If an arbitrator is replaced pursuant to this Section 12.3(b)(iv), then a rehearing shall take place in accordance with the provisions of this Section. In such case, the replacement for the arbitrator shall be either selected by the AAA from the original group of potential arbitrators that were not rejected by the Parties or, if there are no such arbitrators available, selected by repeating the process of selection described in Subsection (aSection 12.3(b), above.

Appears in 1 contract

Samples: Credit Card Agreement (Macy's, Inc.)

Replacement of Arbitrator. Should the arbitrator refuse or be unable to proceed with arbitration proceedings as called for by under this SectionSection 10.2, such arbitrator shall will be replaced by an arbitrator selected from the other four arbitrators originally proposed by the AAA and not rejected by any Involved Party, if any, or if there is no such arbitrator remaining, by repeating the process of selection. If an arbitrator is replaced pursuant to this Section 10.2(c), then a rehearing shall will take place in accordance with the provisions rules of this Section. In such case, the replacement for the arbitrator shall be either selected by the AAA from the original group of potential arbitrators that were not rejected by the Parties or, if there are no such arbitrators available, selected by repeating the process of selection described in Subsection (a), aboveAAA.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Rimage Corp)

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