definiens: ( as defined below ) as determined by the arbitrator . Concurrent with serving the demand for arbitration, each of the Parties shall produce to the other full and complete disclosure of all facts, documents and relevant information ( both favorable and unfavorable ) in any form, written or otherwise, known to such disclosing Party or its agents which relates to the subject matter of the arbitration . The obligation to disclose shall be continuing and each Party shall be required to promptly supplement any disclosures as additional information is discovered . The failure of either Party to either initially produce the required information or to promptly supplement the produced information shall be cause for a continuance as set forth above ( ) . The arbitrator shall be further instructed to conduct the arbitration hearing without any unnecessary delays and to render a final decision promptly following the conclusion of the hearing . In any event, the Party prevailing in any such arbitration shall be entitled to recover ( i ) all fees and expenses of the arbitrator and ( ii ) all costs and expenses relating to the arbitration ( including without limitation, legal, accounting and consulting fees ) . The arbitrator shall award such fees, costs and expenses consistent with the foregoing . The determination of the arbitrator as to the amount, if any, of the disputed claim which is properly allowable shall be nonappealable, conclusive, binding and final upon the Parties hereto and judgement may be entered thereon in any court having jurisdiction thereof, including, without limitation, any court in the State of New York . Upon receipt of written instructions from the arbitrator, the non - prevailing Party shall use its best efforts to make 50 payment of such claims, as and to the extent allowed, to the prevailing Party within three ( 3 ) business days following said determination or as soon thereafter as possible