Governing Law/Arbitration Procedures/Entry of Judgment. This Section 8.9 is made pursuant to a transaction involving interstate commerce and is governed by the FAA. The arbitrator shall apply California law and applicable statutes of limitations except for its Choice of Law Rules, and honor claims of privilege recognized by law. The arbitrator shall apply the rules of the arbitration organization selected, as applicable to matters relating to evidence and discovery, not federal or any state rules of procedure or evidence, provided that any Party may ask the arbitrator to expand discovery by making a written request, to which the other parties will have fifteen (15) days to respond before the arbitrator rules on the request. No Party may seek more than three (3) depositions or witness interviews without the prior written consent of all other Parties to the arbitration proceeding. The Parties shall utilize any “expedited” or “streamlined” procedures ands rulesets to the extent they are available. If Claim is for $10,000 or less, claimant may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the rules of the selected arbitration organization. At the timely written request of a party, the arbitrator will provide a written opinion explaining his/her award. The arbitrator’s decision will be final and binding, except for any rights of appeal provided by the FAA. Judgment on an award rendered by the arbitrator may be entered in any state or federal court in the federal judicial district where the headquarters or assets of the Party that the judgment is being enforced against are located.
Appears in 5 contracts
Samples: Merchant Agreement, Merchant Agreement, Merchant Agreement
