Section 11: Fixing of Locale.

The parties may mutually agree on the locale where the arbitration is to be held. If any party requests that the hearing be held in a specific locale an the other party files no objection thereto within seven (7) days after notice of the request is mailed to such party, the locales shall be the one requested. If a party objects to the locales requested by the other party, the HBAGFV shall have power to determine the locale and its decision shall be final and binding.

Section 12: Qualifications of Arbitrator.

Any arbitrator appointed pursuant to Section Thirteen (13) or Section Fifteen (15) shall be neutral, subject to disqualification for the reasons specified in Section Eighteen (18). If the parties directly appoint the arbitrator, as provided in Section Fourteen (14), or if the parties specifically agree in writing, such arbitrator shall not be subject to disqualification for said reasons.

Section 13: Appointment from Panel.

In the event the parties do not appoint an arbitrator as provided in Section Fourteen (14) then immediately after the filing of the Demand or Submission, the HBAGFV shall submit simultaneously to each party to the dispute an identical list of names of persons chosen from the Panel. Each party to the dispute shall have seven (7) days from the mailing date in which to cross off any names to which it objects, number of remaining names indicating the order of preference, and return the list to the HBAGFV. If a party does not return the list within the time specified, all persons named therein shall be deemed acceptable. From among the persons who have been approved on both lists, and in accordance with the designated order of mutual preference, the HBAGFV shall invite the acceptance of an arbitrator to serve. If the parties fail to agree upon any of the persons named, or if acceptable arbitrators are unable to act, or if for any other reason the appointment cannot be made from the submitted lists, the HBAGFV shall have the power to make the appointment from other members of the Panel without the submission of any additional lists.

Section 14: Direct Appointment by Parties.

If the agreement of the parties names an arbitrator or specifies a method of appointing an arbitrator, that designation or method shall be followed. The notice of appointment, with name and address of such arbitrator, shall be filed with the HBAGFV by the appointing party. Upon the request of any such appointing party, the HBAGFV shall submit a list of members from the Panel from which the party may make the appointment.

If the agreement specifies a period of time within which an arbitrator shall be appointed, any party fails to make such appointment within that period, the HBAGFV shall make the appointment.

If no period of time is specified in the agreement, the HBAGFV shall notify the parties to make the appointment and if within seven (7) days after mailing of such notice such arbitrator has not been so appointed, the HBAGFV shall make the appointment.

Section 15: Appointment of Arbitrator by Party Approved Arbitrators.

If the parties have appointed their party-appointed arbitrators or if either or both of them have been appointed as provided in Section Fourteen (14), and have authorized such arbitrator to appoint an arbitrator within a specified time and no appointment is made within such time or any agreed extension thereof, the HBAGFV shall appoint an arbitrator who shall act as Chairperson.

If no period of time is specified for appointment of the third arbitrator and the party-appointed arbitrators do not make the appointment within seven (7) days from the date of the appointment of the last party-appointed arbitrator, the HBAGFV shall appoint the arbitrator who shall act as Chairperson.

If the parties have agreed that their party-appointed arbitrators shall appoint the arbitrator from the Panel, the HBAGFV shall furnish to the party-appointed arbitrators, in the manner prescribed in Section Thirteen (13), a list selected from the Panel, and the appointment of the arbitrator shall be made as prescribed in such Section.

Section 16: Number of Arbitrators.

If the arbitration agreement does not specify or the parties are unable to agree as to the number of arbitrators, the dispute shall be heard and determined by three (3) arbitrators.

Section 17: Notice to Arbitrator of Appointment.

Notice of the appointment of the arbitrator, whether mutually appointed by the parties or by the HBAGFV shall be mailed to the arbitrator by the HBAGFV, together with a copy of these Rules, and the signed acceptance of the arbitrator shall be filed prior to the opening of the first hearing.

Section 18: Disclosure and Challenge Procedure.

A person appointed as neutral arbitrator shall disclose to the HBAGFV any circumstances likely to affect his or her impartiality, including any bias or any financial or personal interest in the result of the arbitration or any past or present relationships with the parties or their counsel. Upon receipt of such information from such arbitrator or other source, the HBAGFV shall communicate such information to the parties, and, if it deems it appropriate to do so, to the arbitrator and others. Thereafter, the HBAGFV shall determine whether the arbitrator should be disqualified and shall inform the parties of its decision, which shall be conclusive.

Section 19: Vacancies.

If any arbitrator should resign, die, withdraw, refuse, to be disqualified or be unable to perform the duties of office, the HBAGFV shall, on proof satisfactory to it, declare the office vacant. Vacancies shall be filled in accordance with the applicable provisions of these Rules and the matter shall be heard unless the parties shall agree otherwise.

Section 20: Time and Place.

The arbitrator shall fix the time and place for each hearing. The HBAGFV shall mail to each party notice thereof at least five (5) days in advance, unless the parties by mutual agreement waive such notice or modify the terms thereof.

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