Common use of Limitations on Arbitration Clause in Contracts

Limitations on Arbitration. Notwithstanding the express class action waiver, in the event that a binding arbitration proceeding involving the parties is deemed to meet the criteria of a “multiple consumer case filing,” as set forth in the AAA Consumer Arbitration Rules - Costs of Arbitration, then either party shall have the right, but not the obligation, to apply to the arbitrator to have all “multiple consumer case filings” transferred before the same arbitrator. If, and only if, such transfer occurs, any party to these transferred multiple consumer case filings may then move by written submission to the arbitrator to conduct pre-hearing activities only—such as discovery and dispositive motion practice—in a manner that will have common effect on all multiple consumer case filings. The arbitrator shall provide all affected parties an opportunity to be heard before deciding, in its own discretion, whether and to what extent to permit common pre-hearing activities in multiple consumer case filings. For the avoidance of any doubt, all arbitration hearings will proceed on an individual basis.