Common use of Arbitration of Similar Claims Clause in Contracts

Arbitration of Similar Claims. If 25 or more claimants submit Notices raising similar claims and are represented by the same or coordinated counsel, all of the cases must be resolved in arbitration in stages using staged bellwether proceedings if they are not resolved during the Informal Resolution Period. The parties agree that the individual resolution of claims in arbitration might be delayed if the claims are pursued in connection with 25 or more similar claims. In the first stage, the parties shall each select up to 10 cases per side (20 cases total) to be filed in arbitration and resolved individually in accordance with this Arbitration Agreement, with each case assigned to a separate arbitrator. In the meantime, no other cases may be filed in arbitration. If the parties are unable to resolve the remaining cases after the conclusion of the first stage bellwether proceeding, each side may select up to another 10 cases per side (20 cases total) to be filed in arbitration and resolved individually in accordance with this Arbitration Agreement. During this second stage, no other cases may be filed in arbitration. This process of staged bellwether proceedings shall continue until the parties are able to resolve all of the claims, either through settlement or arbitration. If the filing procedures in this section 11.6 apply to a claimant’s Notice, any statute of limitations applicable to the claims set forth in that Notice will be tolled from the time the first cases are selected for a bellwether proceeding until the claimant’s Notice is selected for a bellwether proceeding, withdrawn, or otherwise resolved. A court will have the sole authority to enforce this section 11.6 and, if necessary, to enjoin the filing or prosecution of arbitrations.

Appears in 1 contract

Samples: Online Services Agreement

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Arbitration of Similar Claims. If 25 or more claimants submit Notices or seek to file arbitrations raising similar claims and are represented by the same or coordinated counselcounsel (regardless of whether the cases are submitted simultaneously), all of the cases must be resolved in arbitration in stages using staged bellwether proceedings if they are not resolved during the Informal Resolution Period. The parties You agree that to this process even though it may delay the individual resolution arbitration of claims in arbitration might be delayed if the claims are pursued in connection with 25 or more similar claimsyour claim. In the first stage, the parties each side shall each select up to 10 cases per side (20 cases total) to be filed in arbitration and resolved individually in accordance with this Arbitration Agreementby different arbitrators, with each case assigned to a separate arbitratoran arbitrator from the claimant’s home state. In the meantime, no other cases may be filed in arbitration, and the AAA shall not accept, assess or demand fees for, or administer arbitrations that are commenced in violation of this section. The arbitrators are encouraged to resolve the cases within 120 days of appointment or as swiftly as possible, consistent with principles of fundamental fairness. If the parties remaining cases are unable to resolve the remaining cases be resolved after the conclusion of the first stage bellwether proceeding, each side may shall select up to another 10 cases per side (20 cases total) to be filed in arbitration and resolved individually in accordance with this Arbitration Agreement. During this second stage, no other cases may be filed in arbitration. This If any claims remain after the second stage, the process of staged bellwether proceedings shall continue will be repeated until the parties all claims are able to resolve all of the claims, either resolved through settlement or arbitration, with two alterations. First, a total of 50 cases may be filed each round (unless a higher number of cases is mutually agreed upon in writing). Second, arbitrators who were assigned cases in previous rounds may be appointed to new cases. If the filing procedures in this section paragraph 11.6 apply applies to a claimant’s Notice, any the statute of limitations applicable to the claims and relief set forth in that Notice will shall be tolled from the time beginning date of the first cases are selected for a bellwether proceeding Informal Resolution Period until the claimant’s that Notice is selected for a bellwether proceeding, withdrawn, or otherwise resolved. A court will have the sole authority to enforce this section 11.6 andparagraph 11.6, if necessary, including to enjoin the filing filing, assessing or demanding fees for, administration of, or prosecution of arbitrations.

Appears in 1 contract

Samples: End User License Agreement

Arbitration of Similar Claims. If 25 or more claimants submit Notices or seek to file arbitrations raising similar claims and are represented by the same or coordinated counselcounsel (regardless of whether the cases are submitted simultaneously), all of the cases must be resolved in arbitration in stages using staged bellwether proceedings if they are not resolved during the Informal Resolution Period. The parties You agree that to this process even though it may delay the individual resolution arbitration of claims in arbitration might be delayed if the claims are pursued in connection with 25 or more similar claimsyour claim. In the first stage, the parties each side shall each select up to 10 cases per side (20 cases total) to be filed in arbitration and resolved individually in accordance with this Arbitration Agreementby different arbitrators, with each case assigned to a separate arbitratoran arbitrator from the claimant’s home state. In the meantime, no other cases may be filed in arbitration, and the AAA shall not accept, assess or demand fees for, or administer arbitrations that are commenced in violation of this section. The arbitrators are encouraged to resolve the cases within 120 days of appointment or as swiftly as possible, consistent with principles of fundamental fairness. If the parties remaining cases are unable to resolve the remaining cases be resolved after the conclusion of the first stage bellwether proceeding, each side may shall select up to another 10 cases per side (20 cases total) to be filed in arbitration and resolved individually in accordance with this Arbitration Agreement. During this second stage, no other cases may be filed in arbitration. This If any claims remain after the second stage, the process of staged bellwether proceedings shall continue will be repeated until the parties all claims are able to resolve all of the claims, either resolved through settlement or arbitration, with two alterations. First, a total of 50 cases may be filed each round (unless a higher number of cases is mutually agreed upon in writing). Second, arbitrators who were assigned cases in previous rounds may be appointed to new cases. If the filing procedures in this section 11.6 apply Section 6.6 applies to a claimant’s Notice, any the statute of limitations applicable to the claims and relief set forth in that Notice will shall be tolled from the time beginning date of the first cases are selected for a bellwether proceeding Informal Resolution Period until the claimant’s that Notice is selected for a bellwether proceeding, withdrawn, or otherwise resolved. A court will have the sole authority to enforce this section 11.6 andSection 6.6, if necessary, including to enjoin the filing filing, assessing or demanding fees for, administration of, or prosecution of arbitrations.

Appears in 1 contract

Samples: Online and Mobile Banking Agreement

Arbitration of Similar Claims. If 25 or more claimants submit Notices raising similar claims and are represented by the same or coordinated counsel, all of the cases must be resolved in arbitration in stages using staged bellwether proceedings if they are not resolved during the Informal Resolution Period. The parties agree that the individual resolution of claims in arbitration might be delayed if the claims are pursued in connection with 25 or more similar claims. In the first stage, the parties shall each select up to 10 cases per side (20 cases total) to be filed in arbitration and resolved individually in accordance with this Arbitration Agreement, with each case assigned to a separate arbitrator. In the meantime, no other cases may be filed in arbitration. If the parties are unable to resolve the remaining cases after the conclusion of the first stage bellwether proceeding, each side may select up to another 10 cases per side (20 cases total) to be filed in arbitration and resolved individually in accordance with this Arbitration Agreement. During this second stage, no other cases may be filed in arbitration. This process of staged bellwether proceedings shall continue until the parties are able to resolve all of the claims, either through settlement or arbitration. If the filing procedures in this section 11.6 6 apply to a claimant’s Notice, any statute of limitations applicable to the claims set forth in that Notice will be tolled from the time the first cases are selected for a bellwether proceeding until the claimant’s 's Notice is selected for a bellwether proceeding, withdrawn, or otherwise resolved. A court will have the sole authority to enforce this section 11.6 6 and, if necessary, to enjoin the filing or prosecution of arbitrations.

Appears in 1 contract

Samples: Emerald Advance Terms and Conditions

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Arbitration of Similar Claims. If 25 or more claimants submit Notices raising similar claims and are represented by the same or coordinated counsel, all of the cases must be resolved in arbitration in stages using staged bellwether proceedings if they are not resolved during the Informal Resolution Period. The parties agree that the individual resolution of claims in arbitration might be delayed if the claims are pursued in connection with 25 or more similar claims. In the first stage, the parties shall each select up to 10 cases per side (20 cases total) to be filed in arbitration and resolved individually in accordance with this Arbitration Agreement, with each case assigned to a separate arbitrator. In the meantime, no other cases may be filed in arbitration. If the parties are unable to resolve the remaining cases after the conclusion of the first stage bellwether proceeding, each side may select up to another 10 cases per side (20 cases total) to be filed in arbitration and resolved individually in accordance with this Arbitration Agreement. During this second stage, no other cases may be filed in arbitration. This process of staged bellwether proceedings shall continue until the parties are able to resolve all of the claims, either through settlement or arbitration. If the filing procedures in this section paragraph 11.6 apply to a claimant’s Notice, any statute of limitations applicable to the claims set forth in that Notice will be tolled from the time the first cases are selected for a bellwether proceeding until the claimant’s Notice is selected for a bellwether proceeding, withdrawn, or otherwise resolved. A court will have the sole authority to enforce this section paragraph 11.6 and, if necessary, to enjoin the filing or prosecution of arbitrations.

Appears in 1 contract

Samples: End User License Agreement

Arbitration of Similar Claims. If 25 or more claimants submit Notices or seek to file arbitrations raising similar claims and are represented by the same or coordinated counselcounsel (regardless of whether the cases are submitted simultaneously), all of the cases must be resolved in arbitration in stages using staged bellwether proceedings if they are not resolved during the Informal Resolution Period. The parties You agree that to this process even though it may delay the individual resolution arbitration of claims in arbitration might be delayed if the claims are pursued in connection with 25 or more similar claimsyour claim. In the first stage, the parties each side shall each select up to 10 cases per side (20 cases total) to be filed in arbitration and resolved individually in accordance with this Arbitration Agreementby different arbitrators, with each case assigned to a separate arbitratoran arbitrator from the claimant’s home state. In the meantime, no other cases may be filed in arbitration, and the AAA shall not accept, assess or demand fees for, or administer arbitrations that are commenced in violation of this section. The arbitrators are encouraged to resolve the cases within 120 days of appointment or as swiftly as possible, consistent with principles of fundamental fairness. If the parties remaining cases are unable to resolve the remaining cases be resolved after the conclusion of the first stage bellwether proceeding, each side may shall select up to another 10 cases per side (20 cases total) to be filed in arbitration and resolved individually in accordance with this Arbitration Agreement. During this second stage, no other cases may casesmay be filed in arbitration. This If any claims remain after the second stage, the process of staged bellwether proceedings shall continue will be repeated until the parties all claims are able to resolve all of the claims, either resolved through settlement or arbitration, with two alterations. First, a total of 50 cases may be filed each round (unless a higher number of cases is mutually agreed upon in writing). Second, arbitrators who were assigned cases in previous rounds may be appointed to new cases. If the filing procedures in this section 11.6 apply 6 applies to a claimant’s Notice, any the statute of limitations applicable to the claims and relief set forth in that Notice will shall be tolled from the time beginning date of the first cases are selected for a bellwether proceeding Informal Resolution Period until the claimant’s that Notice is selected for a bellwether proceeding, withdrawn, or otherwise resolved. A court will have the sole authority to enforce this section 11.6 and, if necessary, to enjoin the filing or prosecution of arbitrations.is

Appears in 1 contract

Samples: Emerald Advance Terms and Conditions

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