Boxoffice-October.01.1955

area In which his affected theatre us located—
lai By pnyiiiK to the clerk a filing fee to
be fixed by the Administrator; and
(bi By filing with the clerk a submls.sion.
In the form V>reNcribcd by the Administrator,
which shall provide, in substance, that such
complainant submits the controversy to arbitration
and agrees to abide and be bound by
and fully comply with this agreement and
with whatever final award may be entered in
such arbitration: and
u'l By filing Willi the clerk a complaint,
entered on a form prescribed by the Administrator,
which document shall set forth in
substance: the name and address of the comphunmg
exhibitor: the name and address of
each of complainant's theatres involved in
the controversy: the name and address of
each distributor against whom complaint is
made: the name and address of every other
distributor or exlilbitor whose business or
property complainant believes may be affected
by an award in the proceeding: and a brief
statement in clear and simple language of
the claim and the relief sought: and
idi At the time of filing the complaint, the
complainant shall deliver to the clerk enough
copies thereof to enable the clerk to deliver
one copy to each respondent named therein
and to each other distributor or exhibitor
named therein as liable to be affected by the
award, and the clerk shall forthwith make
such dehvery.
Within t«n days after any respondent receives
from the clerk a copy of the complaint,
each respondent may sign and file with the
clerk the names and addresses of any distributors
or exhibitors not named in the complaint
whose business or property such respondent
believes will be affected by an
award in the proceeding. The clerk shall
forthwith deliver a copy of the complaint
to each distributor or exhibitor named in such
list, calling upon the complainant for the
additional copies needed to perform this duty.
Any exliibitor or distributor, who believes
that his business or property may be affected
by the award, may intervene in the proceeding
at any time prior to the appointm»nt of
the neutral arbitrator or arbitrators as a matter
of right, and thereafter with the consent
of all parties to the proceeding, and thereby
become a party to the proceeding by filing
with the clerk a .submission as provided for in
(bi above, together with a brief statement
setting forth his interest in the proceeding.
and by paying a filing fee. as fixed by the
Administrator, to the clerk. The clerk shall
forthwith deliver to each other party to the
proceeding a notice of each intervention and
a copy of the brief statement accompanying
the same.
If prior to the selection of the arbitrators
in any proceeding ail the parties thereto, including
Intervenors. shall by written agree-
:.ent select another tribunal hereunder as a
alter of preference or convenience, and shall
K such agreement with the clerk of the
tribunal of original jurisdiction, he shall at
once forward the complete record in such
proceeding to the clerk of the tribunal so
selected, and the latt«r tribunal shall thereby
be invested with jurisdiction of the proceeding
and shall proceed with the hearing and
determination thereof, and any award made
by it shall have the same validity as though
made by the Tr.bunal in which the proceed-
.'ig was Initiated.
SECTION 2—SELECTION OF
ARBITR.^TORS
Not less than 20 nor more than 30 days
.ifter the filing of the complaint, the parties
to a proceeding shall notify the clerk of their
choice of arbitrators. Arbitrators shall be
.selected in the following manner:
Ti from the designation
of the second arbitrator, the neutral
arbitrator shall be selected by the local arbitration
committee from the panel of neutral
arbitrators compiled by it.
(b) In those Instances where, In addition to
the parties named In lai above there are one
or more exhibitor Intervenors, and if such
intervenor or intervenors and the respondent
distributors unanimously agree upon an
arbitrator, that arbitrator shall be dieiiu'd to
have been designated by the respondent distributors
and the Intervenors. If the exhibitor
intervenors and the respondent distributors
fail unanimously to agree on such arbitrator
withiti the aforesaid 30-day period, tlien the
proceediiig shall be heard and determined by
a tribunal of tliree neutral arbitrators
selected by the local arbitration committee
from the panel compiled by it.
The neutral arbitrators shall be paid for
their services a sum to be fixed by the Admuiistrator
on a per diem basiS tfor each
day while actually silting in any proceeding),
plus travel expenses.
SECTION 3—HEARINGS
Hearings shall be held at any place agreed
and
there be no agreement, the place of hearing
upon by ihe parlies and the arbitrators;
if
shall De fixea uy uie aroiLrauors.
Arbitrators will proceed with the maximum
speed consisienl with the adequate presentation
and proper consideration of the coses in
which Ihey sil. They shall fix the time for the
beginning of the hearings which sliall be as
soon as practicable after they have been appo.nted.
They may adjourn the hearings from
time to time with the consent of the parties
or tor reasons winch, m their juagiiient,
warrant such action.
At least five days prior to the initial hearing
in any proceeding the clerk shall deliver
to the part.es written notice of the names of
the arbitrators and of the time and place of
such hearing.
SECTION 4—PROCEDURE AT HEARINGS
Before commencing the hearing in any ca-^e
Ihe arbitrators shall take the oath of office
in the form prescribed by the Adminlslrator.
Counsel appearjig at arbitration proceedings
shall be limited to one at;orney lor the
complainant and one attorney for all of the
distributor respondents, and if there be an
intervenmg exhibitor, one attorney may appear
for each intervening exhibitor.
Witnesses shall testify under oath or, its
legal equivalent and each parly shall have
the right to examine or cross-examine all
witnesses.
Evidence shall be received only at hearings
of which all parlies have been given due
notice and the arbitrators in making their
awards shall consider only evidence so received
and such inspections as they may make
hereunder.
The arbitrators shall have power to require
any party to any proceeding, including intervenors,
to produce such books, records and
documents as the arbitrators may determine
to be necessary to a proper determination of
the controversy. In lieu of producing or
offering original books, records or documents,
any party may, with the permission of the
arbitrators, produce or offer sworn copies
thereof or sworn excerpt-s of the relevant or
material portions thereof. The authenticity
of any such copy or excerpt, if brought Into
question, shall be determined by the arbitrators.
All exhibits offered in evidence shall
be numbered and marked by the clerk to showthat
they were so offered: and if received In
evidence, they shall be marked to show that
they were so received.
The arbitrators shall rule on the relevancy
and materiality of the evidence offered.
Observance of the legal rules of evidence
shall not be necessary.
Whenever the su-bitrators deem It advisable
they mav. upon notice to the parties, make
an inspection of any theatre or other place
or .^ubJect iiuatcr involved in iiii* cuiuruvn.
The arbitraturx .shall hear urKument aiio
receive briefs.
SEC .KIN i—UnillUlAWAI, ANIl
nKKAILT
A complainant may wiUulraw his arbllrutlon
pruceuding at any time prior to the
appointment of the neutral arbitrator or
arbitrators without liability except an to
accumulated costs.
If any party to an arbitration ))roccvdlnt(
defaults by failure to comply with any of tlie
provisions hereof, or withdraw.s alter the appointment
of the neutral arbitrator or
arbitrators, the proceeding ncverthele.sa shall
proceed to an award unless all of the other
parties thereto con.sfiil in wrllliiK to u dlaiiiLssal.
SECTION 6—STENOGHArUK IttCOKU
If the complaint does not ask for damages,
and a stenographic record l.s requested by any
party, the cierK shall make me iiece.ssar>
arrangements for the recording of the testimony,
the cost thereof to be borne by the
party making such request; but the parties
may by agreement share such cost.
Unle.ss the parties respectively waive their
rights to appeal, such record shall be made
in any case in which the complaint asks fur
damages. It is essential for the record on
appeal (Article VI, Section 3). The cost
thereof shall be borne as assessed by the
arbitrators pursuant to sub-division (a) of
this section.
SECTION 7—AWARDS
Time for making award, etc. The
award shall be filed by the arbitrators with
the clerk not later than 28 day.'! after the
close of the hearings or after the date fixed
by the arbitrators for oral argument or the
filing of briefs, whichever is later. By written
consent of all parties to the arbitration, the
time for filing the award may be extended
The clerk shall deliver a copy of the award
to each party to the proceeding.
At any time within ten days after the
award has been filed or within 30 days with
the consent of the parties, the arbitrators
may reopen the proceeding for the purpose
of correcting inadvertent errors in the award
A corrected award shall be in the same form
as the original award and shall be filed with
the clerk and delivered to the parties in the
same manner as the original award.
(c Finality of award. An award shall
become effective and binding upon the partie-s
on the date but not earlier than ten dayafter
filing, specified therein and shall remain
effective unle.ss reopened, as provlde