TRIBUNAL TO ENTER A FINAL AWARD
RESOLVING THE DISPUTE WITHIN 180 DAYS FROM THE APPOINTMENT OF THE ARBITRAL
TRIBUNAL, UNLESS IT WOULD BE IMPRACTICABLE TO DO SO DUE TO THE JOINDER OF
ADDITIONAL CLAIMS PURSUANT TO AND IN ACCORDANCE WITH SECTION 3.2.
NOTWITHSTANDING ANY PROVISION TO THE CONTRARY IN THIS SECTION 3.1, THE PARTIES
TO ANY ARBITRATION PROCEEDING UNDER THIS SECTION 3.1 MAY AGREE AT ANY TIME TO
DISCONTINUE AND TERMINATE SUCH ARBITRATION PROCEEDING.
(F)
ANY AWARD OF THE ARBITRAL TRIBUNAL WILL BE FINAL AND BINDING UPON
THE PARTIES TO THE ARBITRATION PROCEEDING.
ANY RIGHTS TO APPEAL THE ARBITRAL
AWARD, OR TO REQUEST ANY COURT OR TRIBUNAL TO REVIEW THE ARBITRAL AWARD FOR
PURPOSES OTHER THAN ENFORCEMENT PURSUANT TO THE FOLLOWING SENTENCE, ARE HEREBY
WAIVED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
THE AWARD MAY BE ENFORCED
AGAINST THE PARTIES TO THE ARBITRATION PROCEEDING OR THEIR ASSETS WHEREVER THEY
MAY BE FOUND AND JUDGMENT UPON THE AWARD MAY BE ENTERED IN ANY COURT OF
COMPETENT JURISDICTION.
Section 3.2
Multiple Disputes.
(A)
AT ANY TIME UP TO AND INCLUDING THE DATE THAT IS 60 DAYS AFTER THE
DATE ALL THREE ARBITRATORS HAVE BEEN SELECTED AND THE ARBITRAL TRIBUNAL IS
EFFECTIVELY IN PLACE, ANY PARTY (A "JOINING PARTY") MAY JOIN AS A PARTY TO ANY
PENDING ARBITRATION COMMENCED HEREUNDER BY ANOTHER PARTY (A "PENDING
ARBITRATION") BY SUBMITTING WRITTEN NOTICE (THE "JOINDER NOTICE") TO THE OTHER
PARTIES, THE ARBITRAL TRIBUNAL (IF ANY), AND CAM SANTIAGO.
THE JOINDER NOTICE
MUST INCLUDE:
(I) A STATEMENT OF THE JOINING PARTY'S INTENTION TO JOIN THE
PENDING ARBITRATION; AND (II) A STATEMENT OF ANY CLAIMS (WHETHER RELATED TO THE
DISPUTES IN THE PENDING ARBITRATION OR TO OTHER DISPUTES) THAT THE JOINING PARTY
WISHES TO ASSERT IN THE PENDING ARBITRATION.
THE ARBITRAL TRIBUNAL IN THE
PENDING ARBITRATION MUST RESOLVE ALL CLAIMS STATED IN THE JOINDER NOTICE, AND
MUST OTHERWISE PERMIT THE JOINING PARTY TO PARTICIPATE IN THE PENDING
ARBITRATION AS IF THE JOINING PARTY HAD BEEN A PARTY TO THE PENDING ARBITRATION
SINCE THE DATE IT WAS COMMENCED.
UPON RECEIPT OF A JOINDER NOTICE, THE ARBITRAL
TRIBUNAL MUST ISSUE AN ORDER TO CONSOLIDATE THE CLAIMS STATED IN THE JOINDER
NOTICE WITH THE OTHER CLAIMS IN THE PENDING ARBITRATION.
IF THE ARBITRAL
TRIBUNAL REFUSES TO PERMIT CONSOLIDATION OF THE CLAIMS STATED IN A TIMELY-FILED
JOINDER NOTICE, SUCH REFUSAL WILL NOT PRECLUDE THE PARTY SEEKING SUCH
CONSOLIDATION FROM BRINGING SUCH CLAIMS IN A SEPARATE ARBITRATION PROCEEDING
COMMENCED UNDER SECTION 3.1.
8
(B)
IF THERE IS A PENDING ARBITRATION COMMENCED UNDER SECTION 3.1,
THEN UNTIL THE ENTRY OF A FINAL AWARD IN THE PENDING ARBITRATION, NO PARTY MAY
COMMENCE ANOTHER ARBITRATION UNDER SECTION 3.1 WITH RESPECT TO ANY DISPUTE THAT
IS THE SUBJECT OF THE PENDING ARBITRATION, ALTHOUGH ANY OTHER PARTY MAY JOIN THE
PENDING ARBITRATION AS PERMITTED IN SECTION 3.2(A).
SUBJECT TO THE FIRST
SENTENCE OF THIS SECTION 3.2(B), IF A DISPUTE ARISES WHILE THERE IS A PENDING
ARBITRATION BUT AFTER THE TIME FOR FILING A JOINDER NOTICE HAS EXPIRED,