| SEVENTH: Any statutory provisions uniquely pertaining to the public corporation and the commencement of an action or proceeding against it are as follows: The schedule of liabilities to be subsequently filed should be consulted for a list of the Debtor's creditors that is comprehensive and current as of the date of the commencement of this case.More than $15 billion of assets remaining across the estate, including cash and cash for disputed claims reserves, real estate, interests in private companies, recoveries from non-controlled- former affiliates, net of future operating expenses and excluding litigation1 – Contested matters, seeking in the aggregate many billions of dollars of additional recoveries for the benefit of creditors through dozens of legal actions, will require significant allocation of time and resources from the Court – Approximately 2,400 claims remain disputed, unliquidated, contingent or otherwise unresolved seeking aggregate recoveries of more than $68 billion; claim resolution will require significant allocation of time and resources from the Court – Since the bankruptcy plan was confirmed in December 2011 there have been 26,813 docket entries (including 14,502 transfer dockets for 37,775 claims) – While Lehman has been extremely successful in alternative dispute resolution and compromise, the remaining matters by their nature are those that are least likely to be resolved without Court intervention – Future distributions are increasingly dependent on the resolution of contested matters; this increasingly requires 1) joining issue, 2) resolution by the Court of at least some discovery or other procedural disputes, and/or 3) opinions from the Court resolving legal issues – Accordingly, the wind-down is entering a phase during which increasingly more court resources will be required to advance the process and provide final resolution and distributions to creditors. We, the undersigned parties, hereby agree to submit to arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules the following controversy: Bankrupcy proceedings against Lehman Brothers Holdings Inc. (Debtor) . We further agree that a judgment of any court having jurisdiction may be entered upon the award. Claims shall be heard by a single arbitrator, unless the claim amount exceeds 50177554, in which case the dispute shall be heard by a panel of three arbitrators. Within 15 days after the commencement of arbitration, each party shall select one person to act as arbitrator and the two selected shall select a third arbitrator within ten days of their appointment. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the American Arbitration Association. The arbitrator(s) shall be Pro Se. The place of arbitration shall be 1345 Avenue Of Americas New York, New York, 10055 . The arbitration shall be governed by the laws of the State of New York (Southern District). Each party will, upon written request of the other party, promptly provide the other with copies of all relevant documents. There shall be no other discovery allowed. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. Time is of the essence for any arbitration under this agreement and arbitration hearings shall take place within 90 days of filing and awards rendered within 120 days. Arbitrator(s) shall agree to these limits prior to accepting appointment. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. The arbitrators may determine how the costs and expenses of the arbitration shall be allocated between the parties, but they shall not award attorneys' fees. |