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Background
On April 14, 2003, the parties filed a Joint Motion for Rule
124 Arbitration, moving that certain factual issues common to
these consolidated cases be submitted for voluntary binding
arbitration. Attached as an exhibit to the joint motion was the
parties’ arbitration agreement, executed by the parties’
representatives. On April 18, 2003, this Court granted the joint
motion.
In the arbitration agreement (reproduced in the appendix
hereto) the parties agreed, as relevant herein, to place “no
limitations on the materials or sources used by the Arbitrator”.
The arbitration agreement states:
Given the Arbitrator’s unique knowledge of the facts
* * *, coupled with both parties’ confidence in the
Arbitrator’s good faith and neutrality in this
arbitration, the parties agree that there is no need
for either party to submit testimony, expert reports,
written summaries or affidavits supporting their
respective positions to the Arbitrator. * * *
The parties agree that the Arbitrator may request
that the parties clarify the Issues or request any
additional information that the Arbitrator deems
necessary, during any phase of the arbitration process
provided all parties are notified of such requests and
are given the opportunity to participate in any
discussions. * * * [Emphasis added.]
Pursuant to the arbitration agreement, the arbitration
schedule began with a 30-day discovery period, during which
petitioners were required to provide previously requested
information to the arbitrator, and each party was to provide “any
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Last modified: May 25, 2011