TranSystems Corporation - LGM Construction

proposed discovery schedules to the arbitrators at the pre-hearing
conference. The scope and duration of discovery will be within the
arbitrators' sole discretion. The arbitrators may order a pre-hearing
exchange of information by the parties, including, without
limitation, production of requested documents, exchange of
summaries of testimony of proposed witnesses, and examination
by deposition of parties and third-party witnesses. The arbitrators
will exercise their discretion in favor of discovery that is
reasonable under the circumstances.
(ii) Any party may be represented by counsel or other authorized
representative. In rendering their decision, the arbitrators will
determine the parties' rights and obligations according to the
substantive and procedural laws of the state in which the Project is
located and the terms of this Agreement. The arbitrators must base
their decision on the evidence introduced at the hearing, including
all logical and reasonable inferences from that evidence. The
arbitrators may make any determination and grant any remedy or
relief that is just and equitable. The arbitrators must accompany
their decision with a written statement of decision explaining the
factual and legal basis for the decision as to each of the principal
disputed issues. The arbitrators may award costs, including,
without limitation attorneys' fees and expert and witness costs, to
the prevailing party, if any, as designated by the arbitrators. The
party that does not prevail in the arbitration, as designated by the
arbitrators, as part of their decision, must pay the arbitrators' fees
and costs. The arbitrators will designate a party as the prevailing
party if that party's proposal for the resolution of dispute is the
closer to that adopted by the arbitrators.
(d) If any person involved in the meetings contemplated in Section 26.01(a) above
wishes an attorney to accompany him or her to any of those meetings, that person will give
written notice of that intention to the other party at least three business days in advance of any
meeting that the attorney will attend and the other party may also cause an attorney representing
its interests to be present at each such meeting.
(e) The parties may extend any deadline specified in this Article 26 by mutual agreement.
(f) The parties will treat all negotiations conducted in accordance with the requirements
of this Article 26, including, without limitation, the exchange of position memoranda, as
confidential and as compromise and settlement negotiations for purposes of the Federal Rules of
Evidence and the rules of evidence of any court having jurisdiction over the dispute.
(g) If multiple disputes between the parties are pending concurrently, the parties may
consolidate those disputes for purposes of the mediation and arbitration stages described above.
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