Common use of Arbitration of Similar Claims Clause in Contracts

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 counsel (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. You agree to this process even though it may delay the arbitration of your claim. In the first stage, each side shall select 10 cases (20 cases total) to be filed in arbitration and resolved individually by different arbitrators, with each case assigned to an 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 remaining cases are unable to be resolved after the conclusion of the first stage bellwether proceeding, each side shall select up to another 10 cases (20 cases total) to be filed in arbitration and resolved individually in accordance with this Arbitration Agreement. During this second stage, no other casesmay be filed in arbitration. If any claims remain after the second stage, the process will be repeated until all claims are 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 this section 6 applies to a Notice, the statute of limitations applicable to the claims and relief set forth in that Notice shall be tolled from the beginning date of the Informal Resolution Period until that Notice is selected for a bellwether proceeding, withdrawn, or otherwise resolved. A court will have authority to enforce this section 6, including to enjoin the filing, assessing or demanding fees for, administration of, or prosecution of arbitrations.

Appears in 1 contract

Samples: www.hrblock.com

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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 counsel (regardless of whether the cases are submitted simultaneously)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. You The parties agree to this process even though it may delay that the individual resolution of claims in arbitration of your claimmight be delayed if the claims are pursued in connection with 25 or more similar claims. In the first stage, the parties shall each side shall select up to 10 cases per side (20 cases total) to be filed in arbitration and resolved individually by different arbitratorsin accordance with this Arbitration Agreement, with each case assigned to an arbitrator from the claimant’s home statea separate arbitrator. In the meantime, no other cases may be filed in arbitration, and . If the AAA shall not accept, assess or demand fees for, or administer arbitrations that parties are commenced in violation of this section. The arbitrators are encouraged unable to resolve the cases within 120 days of appointment or as swiftly as possible, consistent with principles of fundamental fairness. If the remaining cases are unable to be resolved after the conclusion of the first stage bellwether proceeding, each side shall 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 casesmay cases may be filed in arbitration. If any claims remain after This process of staged bellwether proceedings shall continue until the second stageparties are able to resolve all of the claims, the process will be repeated until all claims are resolved either 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 6 applies paragraph 11.6 apply to a claimant’s Notice, the any statute of limitations applicable to the claims and relief set forth in that Notice shall will be tolled from the beginning date of time the Informal Resolution Period first cases are selected for a bellwether proceeding until that 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 6paragraph 11.6 and, including if necessary, to enjoin the filing, assessing or demanding fees for, administration of, 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 counsel (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. You agree to this process even though it may delay the arbitration of your claim. In the first stage, each side shall select 10 cases (20 cases total) to be filed in arbitration and resolved individually by different arbitrators, with each case assigned to an 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 remaining cases are unable to be resolved after the conclusion of the first stage bellwether proceeding, each side shall select up to another 10 cases (20 cases total) to be filed in arbitration and resolved individually in accordance with this Arbitration Agreement. During this second stage, no other casesmay cases may be filed in arbitration. If any claims remain after the second stage, the process of will be repeated until all claims are 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 this section 6 paragraph 11.6 applies to a Notice, the statute of limitations applicable to the claims and relief set forth in that Notice shall be tolled from the beginning date of the Informal Resolution Period until that Notice is selected for a bellwether proceeding, withdrawn, or otherwise resolved. A court will have authority to enforce this section 6paragraph 11.6, including to enjoin the 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 counsel (regardless of whether the cases are submitted simultaneously)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. You The parties agree to this process even though it may delay that the individual resolution of claims in arbitration of your claimmight be delayed if the claims are pursued in connection with 25 or more similar claims. In the first stage, the parties shall each side shall select up to 10 cases per side (20 cases total) to be filed in arbitration and resolved individually by different arbitratorsin accordance with this Arbitration Agreement, with each case assigned to an arbitrator from the claimant’s home statea separate arbitrator. In the meantime, no other cases may be filed in arbitration, and . If the AAA shall not accept, assess or demand fees for, or administer arbitrations that parties are commenced in violation of this section. The arbitrators are encouraged unable to resolve the cases within 120 days of appointment or as swiftly as possible, consistent with principles of fundamental fairness. If the remaining cases are unable to be resolved after the conclusion of the first stage bellwether proceeding, each side shall 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 casesmay cases may be filed in arbitration. If any claims remain after This process of staged bellwether proceedings shall continue until the second stageparties are able to resolve all of the claims, the process will be repeated until all claims are resolved either 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 6 applies 11.6 apply to a claimant’s Notice, the any statute of limitations applicable to the claims and relief set forth in that Notice shall will be tolled from the beginning date of time the Informal Resolution Period first cases are selected for a bellwether proceeding until that 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 611.6 and, including if necessary, to enjoin the filing, assessing or demanding fees for, administration of, filing or prosecution of arbitrations.

Appears in 1 contract

Samples: Online Services 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 counsel (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. You agree to this process even though it may delay the arbitration of your claim. In the first stage, each side shall select 10 cases (20 cases total) to be filed in arbitration and resolved individually by different arbitrators, with each case assigned to an 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 remaining cases are unable to be resolved after the conclusion of the first stage bellwether proceeding, each side shall select up to another 10 cases (20 cases total) to be filed in arbitration and resolved individually in accordance with this Arbitration Agreement. During this second stage, no other casesmay cases may be filed in arbitration. If any claims remain after the second stage, the process will be repeated until all claims are 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 this section 6 Section 6.6 applies to a Notice, the statute of limitations applicable to the claims and relief set forth in that Notice shall be tolled from the beginning date of the Informal Resolution Period until that Notice is selected for a bellwether proceeding, withdrawn, or otherwise resolved. A court will have authority to enforce this section 6Section 6.6, including to enjoin the filing, assessing or demanding fees for, administration of, or prosecution of arbitrations.

Appears in 1 contract

Samples: Online and Mobile Banking 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 counsel (regardless of whether the cases are submitted simultaneously)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. You The parties agree to this process even though it may delay that the individual resolution of claims in arbitration of your claimmight be delayed if the claims are pursued in connection with 25 or more similar claims. In the first stage, the parties shall each side shall select up to 10 cases per side (20 cases total) to be filed in arbitration and resolved individually by different arbitratorsin accordance with this Arbitration Agreement, with each case assigned to an arbitrator from the claimant’s home statea separate arbitrator. In the meantime, no other cases may be filed in arbitration, and . If the AAA shall not accept, assess or demand fees for, or administer arbitrations that parties are commenced in violation of this section. The arbitrators are encouraged unable to resolve the cases within 120 days of appointment or as swiftly as possible, consistent with principles of fundamental fairness. If the remaining cases are unable to be resolved after the conclusion of the first stage bellwether proceeding, each side shall 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 casesmay cases may be filed in arbitration. If any claims remain after This process of staged bellwether proceedings shall continue until the second stageparties are able to resolve all of the claims, the process will be repeated until all claims are resolved either 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 6 applies apply to a claimant’s Notice, the any statute of limitations applicable to the claims and relief set forth in that Notice shall will be tolled from the beginning date of time the Informal Resolution Period first cases are selected for a bellwether proceeding until that 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 66 and, including if necessary, to enjoin the filing, assessing or demanding fees for, administration of, filing or prosecution of arbitrations.

Appears in 1 contract

Samples: www.hrblock.com

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 counsel (regardless of whether the cases are submitted simultaneously)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. You The parties agree to this process even though it may delay that the individual resolution of claims in arbitration of your claimmight be delayed if the claims are pursued in connection with 25 or more similar claims. In the first stage, the parties shall each side shall select up to 10 cases per side (20 cases total) to be filed in arbitration and resolved individually by different arbitratorsin accordance with this Arbitration Agreement, with each case assigned to an arbitrator from the claimant’s home statea separate arbitrator. In the meantime, no other cases may be filed in arbitration, and . If the AAA shall not accept, assess or demand fees for, or administer arbitrations that parties are commenced in violation of this section. The arbitrators are encouraged unable to resolve the cases within 120 days of appointment or as swiftly as possible, consistent with principles of fundamental fairness. If the remaining cases are unable to be resolved after the conclusion of the first stage bellwether proceeding, each side shall 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 casesmay cases may be filed in arbitration. If any claims remain after This process of staged bellwether proceedings shall continue until the second stageparties are able to resolve all of the claims, the process will be repeated until all claims are resolved either 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 6 applies Section 23(f) apply to a claimant’s Notice, the any statute of limitations applicable to the claims and relief set forth in that Notice shall will be tolled from the beginning date of time the Informal Resolution Period first cases are selected for a bellwether proceeding until that 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 6Section 23(f) and, including if necessary, to enjoin the filing, assessing or demanding fees for, administration of, filing or prosecution of arbitrations.

Appears in 1 contract

Samples: Spruce Spending Account Agreement

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