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Enron Mail |
My pleasure!
=09Marcus Nettelton@ENRON =0902/08/2001 06:08 PM =09=09 =09=09 To: Tana Jones/HOU/ECT@ECT =09=09 cc:=20 =09=09 Subject: Re: Arbitration Language Thank you. From: Tana Jones@ECT on 02/08/2001 05:20 PM To: Marcus Nettelton/NA/Enron@ENRON cc: =20 Subject: Re: Arbitration Language =20 (b) Agreement To Arbitrate: Any claim, counterclaim, demand, cause of=20 action, dispute, and controversy arising out of or relating to this Agreeme= nt=20 or the relationship established by this Agreement, any provision hereof, th= e=20 alleged breach thereof, or in any way relating to the subject matter of thi= s=20 Agreement, involving the parties and/or their respective representatives=20 (collectively the =01&Claims=018), even though some or all of such Claims a= llegedly=20 are extra-contractual in nature, whether such Claims sound in contract, tor= t,=20 or otherwise, at law or in equity, under state or federal law, whether=20 provided by statute or the common law, for damages or any other relief, sha= ll=20 be resolved by binding arbitration. Conduct Of The Arbitration, And Authority Of The Arbitrators: Arbitration= =20 shall be governed by the Federal Arbitration Act and conducted in accordanc= e=20 with the Commercial Arbitration Rules of the American Arbitration=20 Association. The validity, construction, and interpretation of this=20 agreement to arbitrate, and all procedural aspects of the arbitration=20 conducted pursuant hereto shall be decided by the arbitrators. In deciding= =20 the substance of the parties=01, Claims, the arbitrators shall refer to the= =20 Governing Law. It is agreed that the arbitrators shall have no authority t= o=20 award treble, exemplary or punitive damages of any type under any=20 circumstances whether or not such damages may be available under state or= =20 federal law, or under the Federal Arbitration Act, or under the Commercial= =20 Arbitration Rules of the American Arbitration Association, the parties here= by=20 waiving their right, if any, to recover any such damages. Forum For The Arbitration And Selection Of Arbitrators: The arbitration=20 proceeding shall be conducted in [New York, New York][Houston, Texas]. =20 Within thirty days of the notice of initiation of the arbitration procedure= ,=20 each party shall select one arbitrator. The two arbitrators shall select a= =20 third arbitrator. The third arbitrator shall be a person who has over eigh= t=20 years professional experience in over-the-counter derivative products and w= ho=20 has not previously been employed by either party and does not have a direct= =20 or indirect interest in either party or the subject matter of the=20 arbitration. While the third arbitrator shall be neutral, the two=20 party-appointed arbitrators are not required to be neutral, and it shall no= t=20 be grounds for removal of either of the two party-appointed arbitrators or= =20 for vacating the arbitrators=01, award that either of such arbitrators has = past=20 or present minimal relationships with the party that appointed such=20 arbitrator. Confidentiality: To the fullest extent permitted by law, any arbitration= =20 proceeding and the arbitrators award shall be maintained in confidence by= =20 the parties. =09Marcus Nettelton@ENRON =0902/08/2001 04:25 PM =09=09=20 =09=09 To: Tana Jones/HOU/ECT@ECT =09=09 cc:=20 =09=09 Subject: Arbitration Language Tana =20 I dropped by a couple of times today but your seat was empty, hence the ema= il. =20 Would you be kind enough to forward to me the latest ISDA language for=20 arbitration, which I understand may include wording addressing temporary or= =20 expedited relief. =20 Many thanks. =20 Marcus
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