How Arbitration Works Clause Samples

How Arbitration Works. How does a party initiate arbitration? The party filing an arbitration must choose one of the following two arbitration firms and follow its rules and procedures for initiating and pursuing an arbitration: American Arbitration Association or National Arbitration Forum. Any arbitration hearing that I attend will be held at a place chosen by the arbitration firm in the same city as the U.S. District Court closest to my then current billing address, or at some other place to which I and the Bank agree in writing. You may obtain copies of the current rules of each of the two arbitration firms and forms and instructions for initiating an arbitration by contacting them as follows: American Arbitration Association ▇▇▇-▇▇▇-▇▇▇▇ (toll-free) Website: ▇▇▇.▇▇▇.▇▇▇ JAMS ▇▇▇-▇▇▇-▇▇▇▇ (toll-free) Website: ▇▇▇.▇▇▇▇▇▇▇.▇▇▇ At any time the Bank or I may ask an appropriate court to compel arbitration of Claims, or to stay the litigation of Claims pending arbitration, even if such Claims are part of a lawsuit, unless a trial has begun or a final judgment has been entered. Even if a party fails to exercise these rights at any particular time, or in connection with any particular Claims, that party can still require arbitration at a later time or in connection with any other Claims. • What procedures and law are applicable in arbitration? A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten years experience or a retired or former judge, selected in accordance with the rules of the arbitration firm. The arbitration will follow procedures and rules of the arbitration firm in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with this Agreement, in which case this Agreement will prevail. Those procedures and rules may limit the discovery available to me or the Bank. The arbitrator will take reasonable steps to protect customer Account information and other confidential information if requested to do so by me or the Bank. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations, will honor claims of privilege recognized at law, and will have the power to award to a party any damages or other relief provided for under applicable law. I or the Bank may choose to have a hearing and be represented by counsel. The arbitrator will make any award in writing and, if requested by me or the Bank, will provide a brief statement of the re...

How Arbitration Works. (a) Arbitration shall be conducted by the American Arbitration Association (“AAA”) according to this arbitration provision and the applicable AAA arbitration rules in effect when the claim is filed (“AAA Rules”), except where those rules conflict with this arbitration provision. The AAA Rules may be obtained at the AAA’s website (▇▇▇.▇▇▇.▇▇▇) or by calling ▇▇▇-▇▇▇-▇▇▇▇. A Covered Person may choose to have a hearing, appear at any hearing by phone or other electronic means, and/or be represented by counsel. Any in-person hearing will be held in the same city as the U.S. District Court closest to Company’s billing address. (b) If the AAA is not available to conduct the arbitration, then a Covered Person may petition a court of appropriate jurisdiction to designate an appropriate arbitrator. (c) Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun or a final judgment entered. A Covered Person does not waive the right to arbitrate by filing or serving a complaint, answer, counterclaim, motion or discovery in a court lawsuit. To choose arbitration, a Covered Person may file a motion to compel arbitration in a pending matter and/or commence arbitration by submitting the required AAA forms and requisite filing fees to the AAA.

How Arbitration Works. How does a party initiate arbitration? What procedures and law are applicable in arbitration? Who pays? Who can be a party? When is an arbitration award final?

How Arbitration Works. (1) Any of us may initiate arbitration by serving on the other parties a written Notice of Demand for Arbitration. Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun or a final judgment entered. Neither you nor we waive the right to arbitrate by filing or serving a complaint, answer, counterclaim, motion, or discovery in a court lawsuit. To chose arbitration, a party may file a motion to compel arbitration in a pending matter and/or commence arbitration by serving the required Notice of Demand for Arbitration, and submitting the required American Arbitration Association (AAA) or Better Business Bureau (BBB) forms and required filing fees. (2) Arbitration shall be conducted by the AAA according to this arbitration provision and the applicable AAA rules in effect when the claim is filed, except where any such rule or procedure conflicts with this arbitration provision. You can get copies of those rules/procedures from the AAA website (▇▇▇.▇▇▇.▇▇▇) or by calling ▇▇▇-▇▇▇-▇▇▇▇. In the event the AAA declines arbitration, then the arbitration shall be conducted by the Better Business Bureau of Louisville, according to this arbitration provision and the applicable BBB rules in effect when the claim is filed, except where any such rule or procedure conflicts with this arbitration provision. In the event of conflict with rules of either group, this arbitration agreement shall govern. The arbitrator shall be selected by the BBB or AAA, if applicable. Any arbitrator must have some building construction experience. (3) You or we may choose to have a hearing, appear at any hearing by phone or other electronic means, and/or be represented by counsel. Any in-person hearing will be held in the Commonwealth of Kentucky in the same city as the U.S. District Court closest to the inspected home. (4) The arbitration shall be conducted by a single arbitrator in accord with this arbitration provision and the AAA rules (or BBB rules, if applicable), which may limit discovery. The arbitrator shall not apply any federal, state or local rules of civil procedure for discovery, but the arbitrator shall honor claims of privilege recognized at law and take reasonable steps to protect privileged, confidential, and proprietary information if requested to do so. The arbitrator shall apply applicable substantive law consistent with the FAA, applicable statute of limitations, and governing law including without limitation KRS 411.270 to 4...

How Arbitration Works. Arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. AAA Rules are available on AAA’s website ▇▇▇.▇▇▇.▇▇▇, or by calling AAA at (▇▇▇) ▇▇▇-▇▇▇▇. If AAA is unavailable or unwilling to administer the arbitration consistent with this Arbitration Agreement, the parties shall agree to, or the court shall select, another arbitration provider. Unless the parties agree otherwise, any arbitration hearing shall take place in the county of your residence. If you accept this Agreement outside the United States, the arbitration hearing shall take place in the county in which you last resided in the United States. The arbitrator will be either a retired judge or an attorney specifically licensed to practice law in the state of your residence and selected by the parties from the arbitration provider’s national roster of arbitrators. The arbitrator will be selected using the following procedure: (1) the arbitrator provider will send the parties a list of five candidates meeting this criteria; (2) if the parties cannot agree on an arbitrator from the list, each party shall return its list to the arbitration provider within 10 days, striking up to two candidates, and ranking the remaining candidates in order of preference; (3) the arbitration provider shall appoint as arbitrator the candidate with the highest aggregate ranking; and (4) if for any reason the appointment cannot be made according to this procedure, the arbitration provider will provide the parties a new list of five candidates meeting the above criteria until an appointment can be made.

How Arbitration Works. Arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. AAA Rules are available on AAA’s website ▇▇▇.▇▇▇.▇▇▇, or by calling AAA at (▇▇▇) ▇▇▇-▇▇▇▇. If AAA is unavailable or unwilling to administer the arbitration consistent with this Arbitration Agreement, the parties shall agree to, or the court shall select, another arbitration provider. Unless the parties agree otherwise, any arbitration hearing shall take place in the county of your residence. The arbitrator will be either a retired judge or an attorney specifically licensed to practice law in the state of your residence and selected by the parties from the arbitration provider’s national roster of arbitrators. The arbitrator will be selected using the following procedure: (1) the arbitration provider will send the parties a list of five candidates meeting this criteria; (2) if the parties cannot agree on an arbitrator from the list, each party shall return its list to the arbitration provider within 10 days, striking up to two candidates, and ranking the remaining candidates in order of preference; (3) the arbitration provider shall appoint as arbitrator the candidate with the highest aggregate ranking; and (4) if for any reason the appointment cannot be made according to this procedure, the arbitration provider will provide the parties a new list of five candidates meeting the above criteria until an appointment can be made.

How Arbitration Works. How does a party initiate arbitration? The party filing arbitration must choose one of the following arbitration firms and follow its rules and procedures for initiating and pursuing arbitration: American Arbitration Association or JAMS. Any arbitration hearing that you attend will be held at a place chosen by the arbitration firm in the same city as the U.S. District Court closest to your then current billing address, or at some other place to which you and we agree in writing. You may obtain copies of the current rules of each of the two arbitration firms and forms and instructions for initiating arbitration by contacting them as follows:

How Arbitration Works. Any arbitration will be administered by National Arbitration and Mediation (“NAM”) under the Comprehensive Dispute Resolution Rules and Procedures then in effect for NAM, except as modified by this Arbitration Agreement. If the administrator is unwilling or unavailable to administer consistent with these Terms, the parties will agree on an alternative administrator that will do so. If no agreement can be made, then the parties agree to jointly petition a court of competent jurisdiction to appoint an administrator that will do so. To initiate arbitration after the Informal Dispute Resolution process is complete, either you or we must file an arbitration demand with NAM. You may serve us with any arbitration demand by mail to: Noom, Inc., Attn: Legal Department, ▇▇▇ ▇. ▇▇▇▇. St., 11th Floor, New York, NY 10001. You must include a signed certification of compliance with the Informal Dispute Resolution process. If we have a dispute with you, we will send an arbitration demand to the email address on file for your account. Unless we agree otherwise with you, the arbitration will be conducted in the county (or parish) where you reside. Each party will be responsible for paying any NAM filing, administrative, and arbitrator fees in accordance with NAM Rules. As in court, the arbitrator shall apply governing law, any counsel must comply with Federal Rule of Civil Procedure 11(b), and the arbitrator may impose any sanctions available under the NAM Rules, Rule 11, or other applicable law against the parties or their counsel. The arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction; however, an award that has been satisfied shall not be entered in any court. The arbitrator may consider rulings in other arbitrations involving different users, but an arbitrator’s decision will not be binding in proceedings involving different users. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts, including for matters related to data security, intellectual property or unauthorized access to the Service.

How Arbitration Works. If a Dispute arises, the party asserting the claim or demand must initiate arbitration, provided you or we may first try to resolve the matter informally or through customary business methods, including collection activity. The party filing an arbitration complaint must choose either of the following arbitration firms for initiating and pursuing arbitration: the American Arbitration Association ("AAA") or JAMS, The Resolution Experts. If the parties mutually agree, a private party, such as a retired judge, may serve as the arbitrator. If you claim you have a Dispute with us, but do not initiate arbitration or select an arbitrator, we may do so. You may obtain copies of the current rules of each of the arbitration firms and forms and instructions for initiating arbitration by contacting them as follows: What Arbitration Costs. No matter which party initiates the arbitration, we will advance or reimburse filing fees and other costs or fees of arbitration, provided each party will be initially responsible for its own attorneys' fees and related costs. Unless prohibited by law, the arbitrator may award fees, costs, and reasonable attorneys' fees to the party who substantially prevails in the arbitration. Location of Arbitration. Unless you and we agree to a different location, the arbitration will be conducted in the county where you reside.