- 9 - APPENDIX ARBITRATION AGREEMENT The Petitioners and Respondent (collectively referred to as “the parties” herein) voluntarily agree to submit certain factual valuation issues (“the Issues”), present in the above-entitled United States Tax Court cases, for binding arbitration. The parties further voluntarily agree to the procedures and terms set forth as follows in this Arbitration Agreement (“the Agreement”). 1. ARBITRATOR. The parties agree to select Forrest A. Garb, Forrest A. Garb & Associates, Inc., (“the Arbitrator”), as the sole arbitrator for the issues set forth in paragraph 2 below. The petitioners acknowledge that Mr. Garb was previously employed by Respondent as his expert in the instant Tax Court litigation. The parties further agree that the fees and costs of the Arbitrator will be shared equally by the two parties, subject to the applicable rules and regulations for Government procurement, and that the specific costs and fees will be set forth in a separate contract between the parties and the Arbitrator. 2. ISSUES AND FINDINGS. The parties agree that the Issues submitted for determination by the Arbitrator are solely factual in nature and do not require the Arbitrator to render any legal opinions. The parties further agree that the Arbitrator’s final written determinations (“Findings”) should address the following:Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011