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additional information * * * relevant and probative” to the
arbitral issues. At the conclusion of the 30-day discovery
period, if the arbitrator determined that he had sufficient
information to prepare findings, then a 30-day review period was
to commence. If the arbitrator determined that he did not have
sufficient information to prepare findings, then the 30-day
review period could be tolled for up to 30 days to allow the
arbitrator to request and the parties to provide additional
information. At the conclusion of the review period, the
arbitrator was required to provide his written findings to both
parties simultaneously. Within 10 days thereafter, the parties
were required to submit the arbitrator’s findings to the Court.
The 30-day discovery period began on May 5, 2003. In a
June 30, 2003, letter, the arbitrator advised the parties that he
was extending the initial 30-day discovery deadline from June 5
to July 1, 2003, after which “no additional information” could be
accepted. On June 13, 2003, petitioners submitted information to
the arbitrator. On July 6, 2003, 5 days after the extended
deadline, petitioners submitted additional information to the
arbitrator. Respondent alleges, and petitioners do not dispute,
that on July 24, 2003, the parties informally agreed that
respondent would not object to petitioners’ July 6, 2003,
submission as being untimely if petitioners would submit no
additional information to the arbitrator.
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Last modified: May 25, 2011