UPON THE
PARTIES, OTHER THAN AS PROVIDED UNDER CODE OF CIVIL PROCEDURE, §§ 1285.8 THROUGH
1287.2, INCLUSIVE.
(a) SELECTION OF ARBITRATOR.
WITHIN THREE (3) BUSINESS DAYS FOLLOWING DELIVERY
OF A REQUEST FOR ARBITRATION BY EITHER PARTY, THE PARTIES SHALL JOINTLY SELECT
THE ARBITRATOR FROM THE LOS ANGELES COUNTY PANEL OF RETIRED JUDGES AND JUSTICES
ASSOCIATED WITH JAMS ("THE PANEL").
IN THE EVENT THAT THE PARTIES ARE UNABLE TO
AGREE UPON AN ARBITRATOR WITHIN SUCH PERIOD, EACH PARTY SHALL WITHIN TWO (2)
BUSINESS DAYS THEREAFTER SELECT A RETIRED JUDGE OR JUSTICE FROM THE PANEL; AND
WITHIN THREE (3) BUSINESS DAYS THEREAFTER BOTH OF THOSE RETIRED JUDICIAL
OFFICERS SHALL JOINTLY SELECT ONE (1) RETIRED JUDGE OR JUSTICE FROM THE PANEL,
WHOSE CALENDAR PERMITS THE IMMEDIATE ADJUDICATION OF THE DISAGREEMENTS OR
DISPUTES AND WHO AGREES TO ACT ON AN EXPEDITED BASIS, TO SERVE AS THE SOLE
ARBITRATOR.
THE SELECTION OF ARBITRATOR, AS PROVIDED HEREIN, SHALL BE FINAL AND
BINDING UPON THE PARTIES, EXCEPTING ONLY IN THE CASE OF THE DEATH, DISABILITY,
OR INCAPACITY OF THE SELECTED ARBITRATOR, IN WHICH EVENT THE PROCESS PROVIDED
FOR HEREIN SHALL BE UTILIZED TO SELECT A REPLACEMENT ARBITRATOR.
IN THE EVENT A
PARTY FAILS TO SELECT AN ARBITRATOR WITHIN THE TIME PERIOD REQUIRED ABOVE, THE
ARBITRATOR SELECTED BY THE OTHER PARTY SHALL HAVE THE AUTHORITY TO SELECT THE
SOLE ARBITRATOR.
(b) AUTHORITY OF ARBITRATOR.
THE ARBITRATOR SHALL HAVE THE POWER AND AUTHORITY
TO DETERMINE ALL ISSUES IN THE ACTION, WHETHER OF FACT OR LAW, AND WHETHER
SUBSTANTIVE OR PROCEDURAL.
IN ADDITION TO THE POWERS AND AUTHORITY SPECIFIED IN
CODE OF CIVIL PROCEDURE, §§ 1282 ET SEQ., THE ARBITRATOR SHALL HAVE THE POWER
AND AUTHORITY TO HEAR AND DETERMINE APPLICATIONS FOR PROVISIONAL RELIEF
(TEMPORARY RESTRAINING ORDERS, PRELIMINARY INJUNCTIONS, CLAIM AND DELIVERY,
ATTACHMENT, ETC.); MOTIONS TO EXPUNGE LIS PENDENS; DISPUTES AND MOTIONS
REGARDING DISCOVERY, INCLUDING (WITHOUT LIMITATION) THE POWERS ENUNCIATED IN
CODE OF CIVIL PROCEDURE, § 1283.05; AND ALL OTHER PRE-HEARING
MATTERS.
FURTHERMORE, THE ARBITRATOR SHALL HAVE THE POWER AND AUTHORITY TO
AWARD PERMANENT EQUITABLE RELIEF (INJUNCTIVE, DECLARATORY, SPECIFIC PERFORMANCE,
CONSTRUCTIVE TRUST, ETC.), IN ADDITION TO THE POWER AND AUTHORITY TO AWARD
MONETARY DAMAGES BUT IN ANY EVENT SUBJECT TO THE TERMS OF THIS AGREEMENT,
INCLUDING WITHOUT LIMITATION SECTIONS
17, 18, 25 AND 26.
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(c) DISCOVERY.
THE PROVISIONS OF CODE OF CIVIL PROCEDURE, §§ 1283.05 ARE
INCORPORATED HEREIN BY REFERENCE, AND SHALL BE FULLY APPLICABLE IN ANY ACTION.
(d) INTERIM COSTS.
PENDING THE FINAL DETERMINATION OF THE ACTION, AND SUBJECT
TO THE ARBITRATOR'S POWER AND AUTHORITY TO AWARD COSTS, AS HEREINBELOW
AUTHORIZED, ALL COSTS FOR THE ARBITRATOR AND FOR THE ARBITRATION PROCEEDINGS
SHALL BE BORNE EQUALLY BY THE PARTIES ON A PRO RATA BASIS; AND EACH OF THE
PARTIES SHALL BE OBLIGATED TO PAY SUCH PRO RATA SHARE UPON PRESENTMENT OF BILLS
BY JAMS AND ANY OTHER INDIVIDUAL OR ENTITY PROVIDING SERVICES OR EQUIPMENT FOR
THE ARBITRATION PROCEEDING, WHICH HAVE EITHER BEEN DIRECTED BY THE ARBITRATOR OR
JOINTLY AGREED UPON BY THE PARTIES (E.G., REPORTING SERVICES, VIDEOGRAPHER, AND