Examples of Neutral Accountant in a sentence
The substantive arbitrability analysis ends with this articulation of the Neutral Accountant’s jurisdiction.What the Neutral Accountant can look at to determine Adjusted EBITDA is a question of procedural arbitrability left to the Neutral Accountant.
They are not ‘gateway’ issues about whether the particular dispute should be arbitrated at all.”48 The Parties may have drafted a narrow arbitration clause, but the subject matter of this case falls squarely within it and must be decided by the Neutral Accountant as a matter of procedural arbitrability.49D.
This is an argument that may be considered by the Neutral Accountant in the context of the calculation of Adjusted EBITDA.
The Neutral Accountant may “rely on the terms of the underlying agreement, and the arbitrator’s interpretation of the contract is likely to affect the scope of arbitration.
The Agreement grants the Neutral Accountant jurisdiction over Unresolved Objections.39 A review of the contractual provisions of the Agreement, focusing on the interconnecting definitions, reveals that jurisdiction over Unresolved Objections, in actuality, means the Neutral Accountant has jurisdiction over the calculation of Adjusted EBITDA.40 That analysis is as follows.