Coach 2013 Annual Report Download - page 341

Section 15.2 Arbitration by Single Arbitrator. If any matter is to be submitted to Arbitration by the Board of Managers or by a Unit
Owner(s) pursuant to the Declaration or these By-laws and in accordance with this Article 15, the Arbitration shall be conducted in New York City before a
single arbitrator (“Arbitrator”) in accordance with the then commercial arbitration rules and expedited procedures (“ Expedited Procedures”) of the American
Arbitration Association (or any successor organization) (“AAA”), provided, however, that if the terms of this Article 15 differ from or conflict with then
applicable Expedited Procedures, the Arbitrator shall be chosen in accordance with, and the Arbitration shall be governed by, the terms and provisions of this
Article 15.
Section 15.3 Initiation of Arbitration. In the event that the Board of Managers or a Unit Owner elects to arbitrate a dispute or controversy in
accordance with, and where permitted by, this Article 15, the Board of Managers or the Unit Owner electing Arbitration shall deliver written notice (an
“Arbitration Notice”) to each of the other Unit Owners or the Board of Managers, as the case may be, demanding Arbitration to resolve the dispute or
controversy. The Arbitration Notice shall include a brief statement of the nature of the dispute and the relief being sought. Contemporaneously with the delivery
of the Arbitration Notice, the party delivering the Arbitration Notice shall also request from the other parties to the Arbitration the production of documents
relating to the dispute, which documents shall be produced within fourteen (14) days of the appointment of the Arbitrator. Within ten (10) business days
following the delivery of an Arbitration Notice, any Unit Owner who is not one of the initial disputing parties but believes it may be affected by the outcome of
the Arbitration may, by notice to each of the other Unit Owners, elect to intervene and participate in the Arbitration, in which event the intervening Unit Owner
shall be deemed a disputing party with all of the same rights and obligations as the original disputing parties; provided, however, that the Arbitrator may, in
the Arbitrator’s sole discretion, exclude duplicative evidence and may require two (2) or more of the Unit Owners who elect to join the Arbitration in to
consolidate the presentation of their cases as may be necessary or proper to the efficient administration of the proceedings.
Section 15.4 Selection of Arbitrator. Within ten (10) business days following the delivery of an Arbitration Notice, the parties to the
Arbitration shall attempt to select a single disinterested Arbitrator to resolve the dispute described in the Arbitration Notice. If the disputing parties have not
resolved the dispute or agreed on a single Arbitrator within ten (10) business days, then any disputing party (including the party who delivered the Arbitration
Notice) may apply to the New York City office of the AAA to appoint an Arbitrator in accordance with the Expedited Procedures. If the AAA shall not then
exist or shall fail, refuse or be unable to appoint an Arbitrator within thirty (30) days after the application, then any disputing party (including the party who
delivered the Arbitration Notice) may apply to a judge of the highest court of appellate jurisdiction located in the County of New York for the appointment of
an Arbitrator. Any Arbitrator selected by AAA shall be an independent real estate professional with no interest in or affiliation with any Unit Owner and have
at least 10 years’ experience in operations and management of Class A commercial buildings in the New York metropolitan area.
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