Claims Not Covered By Arbitration Sample Clauses
The "Claims Not Covered By Arbitration" clause defines which types of disputes or claims are excluded from the arbitration process and must instead be resolved through other means, such as litigation in court. Typically, this clause specifies certain categories of claims—such as those involving intellectual property rights, injunctive relief, or small claims—that are not subject to mandatory arbitration. By clearly delineating exceptions, the clause ensures that parties retain the right to pursue specific legal remedies outside of arbitration, thereby providing clarity and preventing confusion over the appropriate forum for resolving particular disputes.
Claims Not Covered By Arbitration. Claims subject to our agreement to arbitrate shall not include any Claim you file in a small claims court, so long as the Claim remains in such court and advances only an individual claim for relief.
Claims Not Covered By Arbitration. Claims subject to our agreement to arbitrate shall not include (1) any Claim you file in a small claims court, so long as the Claim remains in such court and advances only an individual claim for relief, and (2) Claims asserted by way of a cross claim, counterclaim or any similar device against a party who has initiated a proceeding in court or other non-arbitral forum by any other party to that proceeding. The party initiating arbitration must choose one of the following arbitration forums to administer the arbitration: • The American Arbitration Association (“AAA”) under AAA’s Consumer Arbitration Rules, except as modified by this Agreement. AAA’s Rules may be obtained from ▇▇▇.▇▇▇.▇▇▇ or ▇-▇▇▇-▇▇▇-▇▇▇▇ (toll-free). • JAMS/Endispute (“JAMS”) under JAMS’ Comprehensive Arbitration Rules & Procedures or Streamlined Arbitration Rules & Procedures, including JAMS’ Consumer Minimum Standards, except as modified by this Agreement. JAMS’ Class Action Procedures shall not apply. JAMS’ rules may be obtained from ▇▇▇.▇▇▇▇▇▇▇.▇▇▇ or ▇-▇▇▇-▇▇▇-▇▇▇▇ (toll free). If the chosen arbitration forum is for any reason unable to serve, then the parties may agree to a comparable substitute organization. If the parties are unable to agree, then a court of competent jurisdiction shall appoint a substitute organization.
Claims Not Covered By Arbitration. Claims subject to this provision shall not include any Claim you file in a small claims court, so long as the Claim remains in such court and such Claim is seeking only an individual claim for relief. Commencing an Arbitration: If you or we elect to arbitrate a Claim, the party electing arbitration must notify the other party in writing (the “Notice”). Your Notice to us shall be sent to P.O. Box 26458, Kansas City, MO 64196, Attn: Legal Department, Notice of Arbitration (the “Notice Address”). Our Notice to you shall be sent to the most recent address for you in our files. In addition, the party initiating arbitration must commence an arbitration under the applicable rules for doing so with one of the following arbitration forums:
Claims Not Covered By Arbitration. This Section 9 does not apply to or cover the following claims: (i) claims by Executive for workers' compensation benefits; (ii) claims by Executive for unemployment compensation benefits; (iii) claims brought in a court of competent jurisdiction by either Executive or the Company to compel arbitration under this Section 9, to enforce an arbitration award or to obtain preliminary injunctive and/or other equitable relief in support of claims to be prosecuted in an arbitration by either party; and (iv) claims based upon a pension or benefit plan which contains an arbitration or other dispute resolution procedure, in which case the provisions of such plan shall apply.
Claims Not Covered By Arbitration. Employer and Employee exclude from final, mandatory, and binding arbitration only the specific matters set forth below: (i) Employee's claims for workers' compensation benefits, pension benefits, or medical benefits; (ii) Employee's claims for unemployment compensation benefits from a state agency; and (iii) Employer's enforcement of its rights under Sections 5 through 11 of this Agreement, or other claims for equitable relief, such as injunctive relief.
Claims Not Covered By Arbitration. Claims subject to our agreement to arbitrate shall not include any Claim you file in a small claims court, so long as the Claim remains in such court and advances only an individual claim for relief. The party initiating arbitration must choose one of the following arbitration forums to administer the arbitration: • The American Arbitration Association (“AAA”) under AAA’s Consumer Arbitration Rules, except as modified by this account Agreement. AAA’s Rules may be obtained from ▇▇▇.▇▇▇.▇▇▇ or ▇-▇▇▇-▇▇▇-▇▇▇▇ (toll-free). • JAMS/Endispute (“JAMS”) under JAMS’ Comprehensive Arbitration Rules & Procedures or Streamlined Arbitration Rules & Procedures, including JAMS’ Consumer Minimum Standards, except as modified by this account Agreement. JAMS’ Class Action Procedures shall not apply. JAMS’ rules may be obtained from ▇▇▇.▇▇▇▇▇▇▇.▇▇▇ or ▇-▇▇▇-▇▇▇-▇▇▇▇ (toll free). If the chosen arbitration forum is for any reason unable to serve, then the parties may agree to a comparable substitute organization. If the parties are unable to agree, then a court of competent jurisdiction shall appoint a substitute organization.
Claims Not Covered By Arbitration. Claims filed by you or by us in a small claims court are not subject to arbitration, so long as the dispute remains in such court and advances only an individual claim for relief. The “Class and Representative Action Waiver” and “Public Injunctive Relief Waiver” sections below set forth additional claims not subject to arbitration.
Claims Not Covered By Arbitration. The agreement to arbitrate does not include the following: (i) claims arising from bodily injury or death; (ii) any claim filed in small claims court, provided that the claim is within that court’s jurisdiction, remains in such court, and proceeds on only an individual basis; and (iii) any claim to collect or challenge debts owed pursuant to an extension of credit under a separate agreement or note (such as a separate loan agreement, promissory note, or other such agreement), in which case the dispute over the debt shall be governed by any disputeresolution provisions set forth in that separate agreement or note. Any claim covered by these exclusions, which are to be interpreted and construed narrowly, is an “Excluded Claim.” You and we agree that, in the event either party brings a legal action on an Excluded Claim, any such action shall be filed and heard in the county and state in which Vantage’s Administrative Office is located, if allowed by applicable law. In any such action, you and we agree that the prevailing party shall be entitled, subject to applicable law, to payment by the other party of its reasonable attorneys’ fees and costs, including fees on any appeal, bankruptcy proceedings, and any postjudgment collection actions, if applicable.