Arbitration of All Other Claims. Except that either party may seek equitable or similar relief from a court, any controversy, dispute or claim of whatever nature arising out of, in connection with or relating to this Agreement or the interpretation, meaning, performance, breach or enforcement thereof, including any controversy, dispute or claim based on contract, tort, or statute, and including without limitation claims relating to the validity of this Agreement, shall be resolved at the request of either party to this Agreement by binding arbitration conducted at a location determined by the arbitrator in Los Angeles, California, administered by and in accordance with the then existing Rules of Practice and Procedure of J*A*M*S/Endispute, Inc. (J•A•M•S) (except as modified in conformance with any requirements of California law), and judgment upon any award rendered by the arbitrator(s) may be entered by any State or Federal Court having jurisdiction thereof. Either party may commence such proceeding by giving notice to the other party in the manner provided in sub-paragraph (f) below. Upon filing a demand for arbitration, all parties to the Agreement will have right of discovery to the maximum extent provided by law for actions tried before a court, and both agree that in the event of an arbitration, disputes as to discovery shall be determined by the arbitrator(s). The arbitrator(s) in any such proceeding shall apply California substantive law and the California Evidence Code to the proceeding. The arbitrator(s) shall have the power to grant all legal and equitable remedies and award damages provided by California law. The arbitrator(s) shall prepare in writing and provide to the parties an award including findings of fact and conclusions of law. The arbitrator(s) shall not have the power to commit errors of law or legal reasoning, and the award may be vacated or corrected pursuant to California Code of Civil Procedure §§1286.2 or 1286.6 for any such error. Each party shall bear its expenses, costs and attorney fees relating to the arbitration and recovery under any order and/or judgment rendered therein, including one-half the arbitrator(s) fees. The parties hereto hereby submit to the exclusive jurisdiction of the courts of the State of California for the purpose of enforcement of this agreement to arbitrate and any and all awards or orders rendered pursuant thereto.
Arbitration of All Other Claims. Any and all other disputes, claims, or controversies whatsoever, except for personal injury, illness or death of a Passenger, between Passenger and Carrier, Ship or transport, including claims not governed by 46 US Code Section 30508 whether based on loss of or damage to baggage, breach of contract, misrepresentation, tort, statutory, constitutional or other legal rights, including but not limited to alleged violation of civil rights, discrimination, accessibility, consumer or privacy laws, or for any losses, damages or expenses, relating to or in any way arising out of or connected with this Contract or the Cruise, or any Windstar Air Package or Windstar Land Package, no matter how described, pleaded or styled, shall be referred to and resolved exclusively by binding arbitration pursuant to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York 1958), 21 U.S.T. 2517 (the “Convention”) and the Federal Arbitration Act, 9 U.S.C. §§ 1, et seq., (“FAA”) solely in Seattle, Washington, USA, to the exclusion of any other forum. The arbitration shall be administered by the American Arbitration Association under its Commercial Dispute Resolution Rules and Procedures, which are deemed to be incorporated herein by reference. Any question about the arbitration administrator mentioned above may be directed to them as follows: American Arbitration Association, 00 X Xxxxx Xxxx Xxxxx X, Xxxxx 000, Xxxxxx, XX 00000, (000) 000-0000. Neither party will have the right to a jury trial nor to engage in pre-arbitration discovery except as provided in the applicable arbitration rules and herein, or otherwise to litigate the claim in any court. The arbitrator's decision will be final and binding. Other rights that Passenger or Carrier would have in court also may not be available in arbitration. An award rendered by an arbitrator may be entered in any court having jurisdiction under the Convention or FAA. Passenger and Windstar Cruises further agree to permit the taking of a deposition under oath of the Passenger asserting the claim, or for whose benefit the claim is asserted, in any such arbitration. In the event this provision is deemed unenforceable by an arbitrator or court of competent jurisdiction for any reason, then and only then the provisions of Clause A3(b) above governing venue and jurisdiction shall exclusively apply to any lawsuit involving claims described in this Clause A3(c).
