- 7 -
In the instant case, the arbitration agreement provides a
schedule for submitting information to the arbitrator. After the
initial 30-day discovery deadline was extended from June 5 to
July 1, 2003, petitioners made an untimely submission of
information to the arbitrator on July 6, 2003. Respondent agreed
to waive any objection to the untimeliness of this submission on
the condition that petitioners submit no additional information.
Now, apparently, petitioners wish to have the arbitrator consider
additional information.
Petitioners have not persuaded us that they should not be
bound by the deadlines set forth in the arbitration agreement for
submitting information to the arbitrator. With respondent’s
agreement, they have already made an untimely submission of
additional information to the arbitrator. If petitioners failed
to include in prior submissions information that they now believe
would have been useful, they have only themselves to blame.
Furthermore, in the arbitration agreement, petitioners
agreed that there is no need “to submit testimony, expert
reports, written summaries or affidavits supporting their
respective positions to the Arbitrator” and that the arbitrator’s
authority to request additional information was discretionary.
Petitioners have no valid cause to complain that the arbitrator
did not exercise his discretion to request the additional
information that petitioners wish to have considered.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011