SELECTION AND QUALIFICATIONS OF ARBITRATORS Sample Clauses

SELECTION AND QUALIFICATIONS OF ARBITRATORS. If no party to the arbitration makes a claim in excess of $1.0 million, exclusive of interest and attorneys' fees, the proceedings shall be conducted before a single neutral arbitrator selected in accordance with the Rules. If any party makes a claim that exceeds $1.0 million, the proceedings shall be conducted before a panel of three neutral arbitrators, one of whom shall be selected by each party within 15 days after commencement of the proceeding and the third of whom shall be selected by the first two arbitrators within 10 days after their appointment. If the two arbitrators selected by the parties are unable or fail to agree on the third arbitrator, the third arbitrator shall be selected by the AAA. Each arbitrator shall be a member of the bar of the State of Louisiana and actively engaged in the practice of employment law for at least 15 years.
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SELECTION AND QUALIFICATIONS OF ARBITRATORS. If no party to the arbitration makes a claim in excess of $1.0 million, exclusive of interest and attorneys’ fees, the proceedings will be conducted before a single neutral arbitrator selected in accordance with the Rules. If any party makes a claim that exceeds $1.0 million, the proceedings will be conducted before a panel of three neutral arbitrators selected in accordance with the Rules.
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SELECTION AND QUALIFICATIONS OF ARBITRATORS. If the arbitration is to be conducted by a sole arbitrator, then the arbitrator will be jointly selected by the parties. If the parties fail to agree on the arbitrator within ten (10) business days after the initiation of the arbitration, then Chicago, Illinois Chapter of the AAA shall appoint the arbitrator. If the arbitration is to be conducted by three arbitrators, then each party or group shall appoint one arbitrator within thirty (30) days of receipt of notice of the commencement of the arbitration, and the two arbitrators so appointed shall select the presiding arbitrator within thirty (30) days after the later of the two arbitrators is appointed by the parties. All arbitrators shall be and remain at all times wholly impartial and shall provide the parties with a statement that they can and shall decide the case impartially. No arbitrator shall have any financial interest (directly or indirectly) in the dispute or any financial dependence (directly or indirectly) upon any of the parties. All arbitrators shall be knowledgeable of the consumer products business or the law applicable to such business.
Sample 1
SELECTION AND QUALIFICATIONS OF ARBITRATORS. (a) The Parties may agree upon one arbitrator, but in the event that they cannot so agree within eight business days after a Party has received notice that arbitration proceedings have been instituted by another Party, there shall be three arbitrators, one named in writing by each of the Stockholders within ten business days after demand for arbitration is made (or if there are less than three Stockholders, then one named by each Stockholder, and a third to be chosen by the two so named within ten days after the appointment of the second arbitrator). If any Party (or the two arbitrators) should refuse or neglect to join in the appointment of the arbitrators, they (or the third arbitrator) shall be appointed in accordance with the provisions of the Rules.
Sample 1
SELECTION AND QUALIFICATIONS OF ARBITRATORS. If the amount in controversy is less than $1,000,000 there shall be one arbitrator, otherwise there shall be three arbitrators (hereinafter, whether one or three arbitrators, referred to as the “Panel”). All arbitrators shall be impartial and independent. At the time of the filing its Notice of Arbitration, the claimant shall name one arbitrator if the matter requires a Panel of three arbitrators and, within 14 days thereafter, respondent shall name one arbitrator. Within 28 days after respondent’s receipt of the Notice of Arbitration, the parties shall attempt to agree upon either the sole or the third arbitrator. If a party fails to name an arbitrator, or should the parties be unable to agree upon the sole or third arbitrator by the stated time, the AAA shall make the selection. Each arbitrator shall be qualified by education, experience, and training to determine the issues in dispute and shall have been practicing law for at least 20 years.
Sample 1
SELECTION AND QUALIFICATIONS OF ARBITRATORS. There shall be three (3) arbitrators (hereinafter referred to as the “Panel”). At the time of the filing of its Notice of Arbitration, the claimant shall name its party arbitrator. Within fourteen (14) days thereafter, the respondent shall name its party arbitrator. Within twenty-eight (28) days after the respondent’s receipt of the Notice of Arbitration, the Parties shall attempt to agree upon the third, neutral arbitrator. Should the Parties be unable to agree upon such third arbitrator by such time, the Parties shall notify the AAA to begin the selection of the neutral arbitrator. If a Party has failed to name its party arbitrator as provided herein, such Party shall be allowed to name its Party arbitrator as long as it does so twenty-eight (28) days prior to the date scheduled for the first pre-hearing conference to be held. In the event a Party fails to appoint an arbitrator prior to that time, such arbitrator shall be appointed by the AAA. Any vacancy of a party-appointed arbitrator shall be filled by the Party within twenty-one (21) days after notice of such vacancy or by the AAA if the Party does not appoint a replacement within such time period. The AAA shall repeat the selection process if the third arbitrator must be replaced for any reason. Each arbitrator shall be qualified by education, experience and training to determine the issues in dispute.
Sample 1

Related to SELECTION AND QUALIFICATIONS OF ARBITRATORS

  • Organization and Qualifications Customer and each of its Subsidiaries (i) is a corporation duly organized, validly existing and in good standing under the laws of the jurisdiction of its incorporation, (ii) has the power and authority to own its properties and assets and to transact the businesses in which it presently is engaged and (iii) is duly qualified and is authorized to do business and is in good standing in each jurisdiction where it presently is engaged in business and is required to be so qualified.

  • Diversification and Qualification 6.1. The Fund will invest its assets in such a manner as to ensure that the Contracts will be treated as annuity or life insurance contracts, whichever is appropriate, under the Code and the regulations issued thereunder (or any successor provisions). Without limiting the scope of the foregoing, each Designated Portfolio has complied and will continue to comply with Section 817(h) of the Code and Treasury Regulation Section 1.817-5, and any Treasury interpretations thereof, relating to the diversification requirements for variable annuity, endowment, or life insurance contracts, and any amendments or other modifications or successor provisions to such Section or Regulations. In the event of a breach of this Article VI by the Fund, it will take all reasonable steps (a) to notify the Company of such breach and (b) to adequately diversify the Fund so as to achieve compliance within the grace period afforded by Regulation 1.817-5.

  • Corporate Organization and Qualification Buyer is a corporation duly organized, validly existing and in good standing under the laws of the State of Delaware. Buyer has the requisite corporate power and authority to own or lease all of its properties and assets and to carry on its business as it is now being conducted.

  • Incorporation and Qualification The Company has been duly organized and is validly existing as a Corporation and in good standing under the laws of the State of Colorado with the requisite corporate power and authority to own and use its properties and assets and to carry on its business as currently conducted.

  • Due Organization and Qualification Borrower and each Subsidiary is a corporation duly existing and in good standing under the laws of its state of incorporation and qualified and licensed to do business in, and is in good standing in, any state in which the conduct of its business or its ownership of property requires that it be so qualified.

  • Organization and Qualification The Company and each of the Subsidiaries is an entity duly incorporated or otherwise organized, validly existing and in good standing under the laws of the jurisdiction of its incorporation or organization, with the requisite power and authority to own and use its properties and assets and to carry on its business as currently conducted. Neither the Company nor any Subsidiary is in violation nor default of any of the provisions of its respective certificate or articles of incorporation, bylaws or other organizational or charter documents. Each of the Company and the Subsidiaries is duly qualified to conduct business and is in good standing as a foreign corporation or other entity in each jurisdiction in which the nature of the business conducted or property owned by it makes such qualification necessary, except where the failure to be so qualified or in good standing, as the case may be, could not have or reasonably be expected to result in: (i) a material adverse effect on the legality, validity or enforceability of any Transaction Document, (ii) a material adverse effect on the results of operations, assets, business, prospects or condition (financial or otherwise) of the Company and the Subsidiaries, taken as a whole, or (iii) a material adverse effect on the Company’s ability to perform in any material respect on a timely basis its obligations under any Transaction Document (any of (i), (ii) or (iii), a “Material Adverse Effect”) and no Proceeding has been instituted in any such jurisdiction revoking, limiting or curtailing or seeking to revoke, limit or curtail such power and authority or qualification.

  • Formation and Qualification (a) Each Borrower is duly incorporated and in good standing under the laws of the state listed on Schedule 5.2(a) and is qualified to do business and is in good standing in the states listed on Schedule 5.2(a) which constitute all states in which qualification and good standing are necessary for such Borrower to conduct its business and own its property and where the failure to so qualify could reasonably be expected to have a Material Adverse Effect on such Borrower. Each Borrower has delivered to Agent true and complete copies of its certificate of incorporation and by-laws and will promptly notify Agent of any amendment or changes thereto.

  • Due Organization and Qualification; Subsidiaries (a) Each Loan Party (i) is duly organized and existing and in good standing under the laws of the jurisdiction of its organization, (ii) is qualified to do business in any state where the failure to be so qualified could reasonably be expected to result in a Material Adverse Effect, and (iii) has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as proposed to be conducted, to enter into the Loan Documents to which it is a party and to carry out the transactions contemplated thereby.

  • Organization and Qualification of the Company The Company is a corporation duly organized, validly existing and in good standing under the Laws of the state of Delaware and has full corporate power and authority to own, operate or lease the properties and assets now owned, operated or leased by it and to carry on its business as it has been and is currently conducted. Section 3.01 of the Disclosure Schedules sets forth each jurisdiction in which the Company is licensed or qualified to do business, and the Company is duly licensed or qualified to do business and is in good standing in each jurisdiction in which the properties owned or leased by it or the operation of its business as currently conducted makes such licensing or qualification necessary.

  • Organization and Qualification of Seller Seller is a corporation and has all necessary power and authority to own, operate or lease the properties and assets now owned, operated or leased by it and to carry on the Business as currently conducted. Seller is duly licensed or qualified to do business and is in good standing in each jurisdiction in which the ownership of the Purchased Assets or the operation of the Business as currently conducted makes such licensing or qualification necessary.

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