Common use of Arbitrator’s Discretion Not to Proceed with the Hearing Clause in Contracts

Arbitrator’s Discretion Not to Proceed with the Hearing. 7.2.1. The Arbitrator may decide that Your Claim is one which should be determined by the court rather than by an Arbitrator under the Plan. The Arbitrator has the sole right, at any time before making an award, to terminate the hearing if there are good and sufficient reasons for deciding it would not be appropriate to proceed with the arbitration of Your Claim. Where the Arbitrator makes such a decision, the Arbitrator is deemed not to have taken control of the dispute and You and the Manufacturer are immediately free to follow any other remedies, including legal action. 7.2.2. In addition: 7.2.2.1. If during the hearing the Arbitrator determines that all or part of Your Claim or a particular allegation is about an Aftermarket Part(s) Issue, the Arbitrator will adjourn the hearing as it relates to the Aftermarket Part(s) Issue until after the Aftermarket Part(s) is removed, at your cost, or terminate the hearing as it relates to the Aftermarket Part(s) Issue. A terminated hearing may be continued or restarted under section 7.7, and any decision by the arbitrator to terminate the arbitration in such circumstances will not prejudice Your ability to initiate a new arbitration after the Aftermarket Part(s) has been removed. 7.2.2.2. If during the hearing the Arbitrator determines that all or part of Your Claim or a particular allegation is about a Connectivity Issue, the Arbitrator will terminate the hearing as it relates to the Connectivity Issue. The hearing may be continued or restarted under section 7.7.