Common use of Arbitration of All Disputes Including Claims of Malpractice Clause in Contracts

Arbitration of All Disputes Including Claims of Malpractice. A. Any dispute between the parties [QDRO Helper and Client] regarding the construction, application or performance of any services under this Contract, and any claim arising out of or relating to this Contract or its breach, including, without limitation, claims for breach of contract, professional negligence, breach of fiduciary duty, misrepresentation, fraud and disputes regarding attorney fees and/or costs charged under this Agreement (except as provided in paragraph B below) shall be submitted to binding arbitration upon the written request of one party after the service of that request on the other party. The parties shall appoint one person to hear and determine the dispute. The arbitration provider shall be the American Arbitration Association (AAA) and the arbitration shall be conducted pursuant to the provider’s rules. If the parties cannot agree, then the Superior Court of San Diego County shall choose an impartial arbitrator whose decision shall be final and conclusive on all parties. QDRO Helper and Client shall each have the right of discovery in connection with any arbitration proceeding in accordance with Code of Civil Procedure Section 1283.

Arbitration of All Disputes Including Claims of Malpractice. A. Any dispute between the parties [QDRO Helper and Client] regarding the construction, application or performance of any services under this Contract, and any claim arising out of or relating to this Contract or its breach, including, without limitation, claims for breach of contract, professional negligence, breach of fiduciary duty, misrepresentation, fraud and disputes regarding attorney fees and/or costs charged under this Agreement (except as provided in paragraph B below) shall be submitted to binding arbitration upon the written request of one party after the service of that request on the other party. The parties shall appoint one person to hear and determine the dispute. The arbitration provider shall be the American Arbitration Association (AAA) and the arbitration shall be conducted pursuant to the provider’s rules. If the parties cannot agree, then the Superior Court of San Diego County shall choose an impartial arbitrator whose decision shall be final and conclusive on all parties. QDRO Helper and Client shall each have the right of discovery in connection with any arbitration proceeding in accordance with Code of Civil Procedure Section 12831283.05. The parties shall bear their own legal fees and costs for all claims. The sole and exclusive venue for the arbitration and or any legal dispute shall be San Diego County, California.