ADI CRT M500 Driver
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ADI CRT M500 Driver
Around the same time, the parties were negotiating their ADI CRT M500 Back to Back Agreement relating to the manufacture of the additional 50 Flyer vehicles. A part of this proposed second Back to Back Agreement was the addition of an arbitration provision.
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Nor did HSMV propose the addition of any other potential arbitrators. Ibekwe claims that he had "no reason to doubt their credentials" because both proposed arbitrators were partners in major Australia law firms. G at See Ibekwe Decl. The arbitration procedures are set forth in Exhibit ADI CRT M500 of the Agreement the "Procedures".
The Procedures provide that either party may initiate arbitration by delivery of a Claim Letter "to an arbitrator chosen by such party from the mutually approved list of arbitrators attached hereto The Procedures also guarantee a prompt hearing within seven business days following the arbitrator's receipt of the Claim Letter and prompt decision within 24 hours of the conclusion of the hearing. The parties agreed to conduct the arbitration in 1 Melbourne, Australia, if the delivery of the Claim Letter occurs between November and April or 2 Los Angeles, California, if the delivery of the Claim Letter occurs between May and October.
In furtherance of the parties' agreement that "the sole purpose of the foregoing arbitration provision is to afford the parties an expeditious method of resolving the claims covered hereby so the Work can continue without interruption and any liquidated sum owing can be paid," the parties also agreed that "no monetary damages may be awarded in any such arbitration" and "the determination of ADI CRT M500 arbitrator shall not be collateral estoppel or res judicata in any action for damages.
Thus, under the Agreement, the only relief an arbitrator can award is injunctive relief "as necessary to prevent further breach. Thereafter, "[a]ny party to the arbitration may petition any court of competent jurisdiction to confirm the arbitrator's determination as a binding arbitration award in accordance with applicable law.
The Agreement contains no choice of law provision. HSMV selected Gibson ADI CRT M500 the ADI CRT M500 on the theory that he was familiar with the facts of the parties' relationship and presumably since his prior ruling was favorable to HSMV.
See Trupiano Decl. M at ADI CRT M500 also sought restitution. On June 7,the arbitration was held in Los Angeles, California. See Barrett Decl. In JuneIbekwe advised ADI that HSMV would consent to the disclosure of certain ADI CRT M500 the agreements if 1 ADI provided HSMV with an acceptable confidentiality deed a form of non-disclosure agreement signed by the party to whom any such disclosure is to be made and 2 such deed granted HSMV the right to enforce the confidentiality provisions against those third parties.
On October 1,an agency of the Commonwealth forwarded a copy of the proposed confidentiality deed to Nechushtan. The last sentence of the two page cover letter stated that: Should you have any queries, please ADI CRT M500 me on 61 2 Bill Conley of Blake Dawson Waldron 61 ADI CRT M500 can assist in respect of the confidentiality arrangements.
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Trupiano Decl. No other references are made to Blake Dawson. Sometime thereafter, either in October or early NovemberNechushtan forwarded the documents to Ibekwe ADI CRT M500 reading them. Ibekwe recalls reviewing these documents.
However, he claims that he did not pay much ADI CRT M500 to them and did not notice references to Blake Dawson because the privatization of ADI and confidentiality deed issues were not "front-burner" issues for HSMV. At the time, he and HSMV had "more important things" to deal with i.
Ibekwe Decl. In response, HSMV asked that it be provided with a confidentiality deed signed by those parties. On June 18,the Sydney office of Blake Dawson forwarded the requested confidentiality ADI CRT M500 to Ibekwe. We refer to your facsimile of 13 June to Jeff White. As requested please find attached copies of confidentiality deeds for: Had HSMV been appraised of this fact, it would not have elected to proceed with the arbitration ADI CRT M500 you as the panel.