ARBITRATION AGREEMENT

Declaration of Intent

The parties intend to have the dispute between themselves resolved in a way that is final, binding, and concluded without the expense in time and money of a full court proceeding. They recognize they are relinquishing some of the due process, evidentiary completeness and rights of appeal they would obtain by conducting full discovery and full litigation, but knowingly do so in the interest of economy, speed and finality. They intend that the Arbitrator's award may be filed with and enforced by any court having jurisdiction.

Arbitrator Neutrality

Each party assures the other they have no reason to believe that any relationship exists between themselves and the Arbitrator which should cause him to be other than impartial to their respective positions. The parties agree that the Arbitrator is being retained to adjudicate -- to decide. He is neither advisor nor counsel to any party. Any questions, rulings, directions or other comments made by the Arbitrator during the proceeding are not to be construed as legal or other advice.

Arbitrator's Function

The Arbitrator, in his sole and exclusive discretion, shall determine the credibility of the witnesses, the probative value of the physical exhibits and the weight to be given to each. The arbitrator will seek to apply the law of Alaska or other designated forum as briefed by counsel and as he interprets it. Should the dispute call for their application, the Arbitrator may, in his sole and exclusive discretion, apply such principles of equity as may commend themselves. Should the Arbitrator conclude that strict adherence to legal or equitable principles as he interprets them may not produce a just result, he may, in his sole and exclusive discretion, adopt that result which appeals to him as the most just, fair and practical.

Finality of Arbitrator's Award

Unless they stipulate otherwise in a separate writing, the parties agree that by final, binding award they mean that the Arbitrator's award will not be appealed or further litigated in any way, nor will any injunctive relief be sought in an attempt to stay the issuance and enforcement of the Arbitrator's award. The award shall conclude all aspects of the dispute between (among) them, save and except its enforcement by a court having jurisdiction.

Form of Arbitrator's Award

Unless the parties and the Arbitrator otherwise agree in a separate writing, the Arbitrator's award:

  1. Will announce the prevailing party(ies);
  2. Will specify any sums to be paid;
  3. Will specify any specific performance, if prayed for and entitlement is proven;
  4. Will not contain a written opinion or statement of rationale; and,
  5. Will not address enforcement.
Arbitrator Immunity

Because one or all of the parties may not have their expectations met by the Arbitrator's award, they may perceive themselves to have lost, and may suffer disappointment. Recognizing this possibility the parties agree:

  1. The Arbitrator shall have the same complete common law immunity as judges have from suit for damages or equitable relief, and from compulsory process to testify or produce evidence based on or concerning any action, statement or communication made in or concerning the arbitration conducted pursuant to this agreement.
  2. That disclosure by the Arbitrator of any records, reports, notes or other dateuments received or prepared by the Arbitrator cannot be compelled.
  3. That the result obtained in this arbitration may, in fact, be less advantageous than the result obtained through full litigation or other procedures. Recognizing this, each party agrees to release the Arbitrator, and hereby does release the Arbitrator, specifically, from the claim that a better result might have been obtained elsewhere.
  4. That any party bringing any application, claim or action which causes the Arbitrator to oppose or defend in any forum shall pay to the Arbitrator daily, in advance, his estimated legal fees and costs, as well as for his lost productivity, computed at the Arbitrator's current hourly conference rate.
  5. That the foregoing paragraphs control regardless of the law of the forum.
Arbitrator's Fees - Prepayment

Each party agrees to prepay its pro rata share of the Arbitrator's estimated fees 30 days prior to the first scheduled day of arbitration. Unless otherwise agreed, the Arbitrator's estimated fee is $1,800 per day, based upon a nine hour day. A final bill for time spent in excess of the estimated nine hour days will be presented and payment received prior to issuance of the Arbitrator's award, usually at the close of the arbitration. Any overpayment will be accounted for and refund mailed to the parties by the Arbitrator the next business day following the issuance of the Arbitrator's award.

Cancellation Policy

The parties agree that continuances and cancellations less than 20 days prior to the first day of a scheduled arbitration will oblige the parties to pay to Just Resolutions a cancellation charge of $750 per scheduled day. Unless the parties otherwise agree, each party is responsible for its pro rata share of the total cancellation charge. The Arbitrator will attempt in good faith to rebook the canceled day(s), and will make accounting and refund not later than the last day originally scheduled.



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