- 3 - 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 “anyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011