EXTERNAL TRANSFERS ARBITRATION PROCEDURE. You or we may commence arbitration, at the claiming party's election, administered either by JAMS (formerly known as "Judicial Arbitration and Mediation Services"), or the American Arbitration Association ("AAA"). The arbitration shall take place before a single arbitrator, selected pursuant to the selection procedures in the applicable commercial or consumer arbitration rules of the administrator (JAMS or AAA). The JAMS or AAA rules, shall apply subject only to the following exceptions and modifications. A. You may, if you wish, commence arbitration pursuant either to a. The AAA Consumer Arbitration Procedures, or b. The JAMS "minimum standards" for consumer arbitration. In all such consumer arbitrations we will pay the balance of the applicable arbitration administrative fee to the extent required by the JAMS or AAA procedures or standards you have chosen. B. You or we (whoever is the party commencing the arbitration) may elect to resolve the dispute in a cost effective manner through binding non‐appearance‐based arbitration. If the claiming party selects non‐appearance‐based arbitration, the parties agree that the following rules shall apply: a. The arbitration may be conducted telephonically, and/or online, or be based solely on written submissions, at the election of the party commencing the arbitration; b. The arbitration shall not require any travel or personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c. Discovery shall not be permitted. C. When we or you (whoever is the party commencing arbitration) do not select non‐appearance‐ based procedures, the parties agree that there shall be no discovery except whatever discovery the arbitrator determines is necessary for fair resolution of the claim or dispute. X. Xxxxxxx we nor you shall seek any award of attorney's fees, including an award of fees from any Service Provider or other intended third party beneficiary of this Agreement, in any arbitration claim arising under or relating to this Agreement, except that the arbitrator may award attorney's fees when (and only to the extent that) the applicable law requires an award of attorney's fees to the prevailing party.
Appears in 4 contracts
Samples: Electronic Records Disclosure & Agreement, Electronic Records Disclosure & Agreement, Electronic Records Disclosure & Agreement
