Common use of Setting the Hearing Clause in Contracts

Setting the Hearing. Prehearing Statement Following the selection of the third member of the Panel and receipt of the other Partner's answer, the Panel shall set a date, time and place for a preliminary hearing and shall so notify the Partners in writing. Such notice shall be submitted to each Partner within 10 days of the date the third member of the Panel is selected. The preliminary hearing shall occur no sooner than 14 days and no later than 28 days from the date such notice is received by each Partner. Not later than 2 days prior to the commencement of the preliminary hearing, each Partner shall submit a copy of its proposed prehearing report to each Panel member and to the other Partner. Each prehearing statement shall identify: a. every claim or dispute to be arbitrated; b. every legal issue involved in the arbitration; c. every relevant fact and legal issue which can be stipulated; d each witness that Partner intends to call at the final hearing, a summary of that testimony, and each document that Partner intends to offer into evidence at that hearing, but such matter shall be subject to revision as a result of any second preliminary hearing requested by a Partner and deemed warranted and scheduled by the Panel; and

Setting the Hearing. Prehearing Statement Following the selection of the third member of the Panel and receipt of the other Partner's answer, the Panel shall set a date, time and place for a preliminary hearing and shall so notify the Partners in writing. Such notice shall be submitted to each Partner within 10 days of the date the third member of the Panel is selected. The preliminary hearing shall occur no sooner than 14 days and no later than 28 days from the date such notice is received by each Partner. Not later than 2 days prior to the commencement of the preliminary hearing, each Partner shall submit a copy of its proposed prehearing report to each Panel member and to the other Partner. Each prehearing statement shall identify: a. every claim or dispute to be arbitrated; b. every legal issue involved in the arbitration; c. every relevant fact and legal issue which can be stipulated; d ; d. each witness that Partner intends to call at the final hearing, a summary of that testimony, and each document that Partner intends to offer into evidence at that hearing, but such matter shall be subject to revision as a result of any second preliminary hearing requested by a Partner and deemed warranted and scheduled by the Panel; and e. all discovery that Partner intends to undertake in accordance with Article VII. A Partner may amend its proposed prehearing report at the preliminary hearing. After the close of the last preliminary hearing, any change to a proposed prehearing report shall be within the Panel's discretion; provided that, no such change shall be permitted by the Panel less than 15 days prior to the commencement of the final hearing, or at any time without prior written notice to, and an opportunity to object by, the Partners.