Common use of How Arbitration Proceedings Are Conducted Clause in Contracts

How Arbitration Proceedings Are Conducted. Except as provided herein, the Parties will conduct the arbitration according to the rules stated in California Code of Civil Procedure sections 1281-1287, et seq. In arbitration, the parties will have the right to conduct adequate civil discovery, bring dispositive motions, and present witnesses and evidence as needed to present their cases and defenses, and any disputes in this regard shall be resolved by the arbitrator. Should a non-party witness refuse to comply with a subpoena issued by the arbitrator and the arbitrator is unable to enforce compliance with the subpoena, the Parties agree to submit the subpoena to a court of competent jurisdiction for enforcement of the subpoena. Employee and the Company agree to bring any dispute in arbitration on an individual basis only, and not on a class or collective action basis. Accordingly, there will be no right or authority for any dispute to be brought, heard or arbitrated as a class or collective action (“Class and Collective Action Waiver”). Notwithstanding any other clause contained in this Agreement, the Class and Collective Action Waiver shall not be severable from this Agreement in any case in which: (1) the dispute is filed as a class or collective action and (2) a civil court of competent jurisdiction finds the Class and Collective Action Waiver is unenforceable. In such instances, the class or collective action must be litigated in a civil court of competent jurisdiction. Notwithstanding any other clause contained in this Agreement, any claim that all or part of the Class and Collective Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The Class and Collective Action Waiver, and any other provision of this Agreement, shall be severable in any case in which the dispute is filed as an individual action and severance is necessary to ensure that the individual action proceeds in arbitration. Although Employee will not be retaliated against, disciplined or threatened with discipline for exercising rights under Section 7 of the National Labor Relations Act by the filing of or participation in a class or collective action, the Company may lawfully seek enforcement of this Agreement, including the Class and Collective Action Waiver under the Federal Arbitration Act, and may seek dismissal of any such class or collective action.

How Arbitration Proceedings Are Conducted. Except as provided herein, the Parties will conduct the arbitration according to the rules stated in California Code of Civil Procedure sections 1281-1287, et seq. In arbitration, the parties Parties will have the right to conduct adequate civil discovery, bring dispositive motions, and present witnesses and evidence as needed to present their cases and defenses, and any disputes in this regard shall be resolved by the arbitrator. Should a non-party witness refuse The statutes of limitations applicable to comply with a subpoena issued each claim or cause of action shall apply, and written notice of arbitration shall be initiated within the statute of limitations and other time limitations applicable to each claim or cause of action asserted. The Federal Rules of Evidence shall apply, except as modified by the arbitrator and the arbitrator is unable to enforce compliance with the subpoena, the Parties agree to submit the subpoena to a court of competent jurisdiction for enforcement of the subpoenaarbitrator. Employee You and the Company agree to bring resolve any dispute in arbitration on an individual basis only, and not on a class or collective action basis (“Class Action Waiver”). The arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. Accordingly, there will be no right or authority for any dispute to be brought, heard or arbitrated as and shall not do so on a class or collective action (“Class and Collective Action Waiver”)basis. Notwithstanding any other clause contained in provision of this AgreementArbitration Agreement or the AAA Rules, disputes regarding the enforceability, revocability, or validity of this Class and Collective Action Waiver shall may be resolved only by a civil court of competent jurisdiction and not be severable from this Agreement in by an arbitrator. In any case in which: (1) the dispute is filed as a class or collective action action; and (2) there is a civil court final judicial determination that all or part of competent jurisdiction finds the Class and Collective Action Waiver is unenforceable. In such instances, the class or and/or collective action to that extent must be litigated in a civil court of competent jurisdiction. Notwithstanding any other clause contained in this Agreement, any claim that all or part but the portion of the Class and Collective Action Waiver that is unenforceableenforceable shall be enforced in arbitration. You will not be retaliated against, unconscionabledisciplined or threatened with discipline as a result of your exercising your rights under Section 7 of the National Labor Relations Act by the filing of or participation in a class or collective action in any forum. However, void the Company may lawfully seek enforcement of this Arbitration Agreement and the Class Action Waiver under the Federal Arbitration Act, including seeking the dismissal of class or voidable may be determined only by a court of competent jurisdiction and not by an arbitratorcollective actions or claims. The Class and Collective Action Waiver, and any other provision of this Agreement, Waiver shall be severable in any case in which the dispute is filed as an individual action and severance is necessary to ensure that the individual action proceeds in arbitration. Although Employee will Except as otherwise provided in Paragraph B, and to the extent permitted by law, (1) you and the Company agree not to bring a representative action on behalf of others in arbitration; and (2) for any claim brought on a private attorney general basis – i.e., where you are seeking to pursue a claim on behalf of a government entity – both you and the Company agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have been personally aggrieved or subject to any violations of law), and that such an action may not be retaliated againstused to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., disciplined to resolve whether other individuals have been aggrieved or threatened with discipline for exercising rights under Section 7 subject to any violations of law) (“PAGA Waiver”). Notwithstanding any other provision of this Arbitration Agreement or the AAA Rules, the validity of the National Labor Relations Act PAGA Waiver may be resolved only by a court of competent jurisdiction and not by an arbitrator. If any provision of the filing PAGA Waiver is found to be unenforceable or unlawful for any reason, (1) the unenforceable provision shall be severed from this Arbitration Agreement; (2) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or participation the Parties’ attempt to arbitrate any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) any representative action brought under PAGA on behalf of others must be litigated in a class or collective action, the Company may lawfully seek enforcement civil court of this Agreement, including the Class competent jurisdiction and Collective Action Waiver under the Federal Arbitration Act, and may seek dismissal of any such class or collective actionnot in arbitration.

How Arbitration Proceedings Are Conducted. Except as provided herein, the Parties will conduct the arbitration according to the rules stated in California Code of Civil Procedure sections 1281-1287, et seq. In arbitration, the parties will have the right to conduct adequate civil discovery, bring dispositive motions, and present witnesses and evidence as needed to present their cases and defenses, and any disputes in this regard shall be resolved by the arbitratorArbitrator. Should a non-To this end: (1) each party shall have the right to take the deposition of one individual and any expert witness refuse designated by another party; (2) each party also shall have the right to comply with a subpoena issued propound requests for production of documents to any party; (3) additional discovery may be had by mutual agreement of the arbitrator and parties or where the arbitrator is unable to enforce compliance with the subpoena, the Parties agree to submit the subpoena Arbitrator selected so orders pursuant to a court of competent jurisdiction request by either party; (4) each party shall have the right to subpoena witnesses and documents for enforcement of the subpoenaarbitration, as well as documents relevant to the case from third parties. Employee and the Company agree to bring any dispute in arbitration on an individual basis only, and not on a class class, collective, or collective private attorney general representative action basis. Accordingly, there , (a) There will be no right or authority for any dispute to be brought, heard or arbitrated as a class action (“Class Action Waiver”). The Class Action Waiver shall not be severable from this Agreement in any case in which (1) the dispute is filed as a class action and (2) a civil court of competent jurisdiction finds the Class Action Waiver is unenforceable. In such instances, an provided the Company has not been able to overturn the findings of unenforceability through exercise of any right to appeal that may exist, the class action must be litigated in a civil court of competent jurisdiction. (b) There will be no right or authority for any dispute to be brought, heard or arbitrated as a collective action (“Class and Collective Action Waiver”). Notwithstanding any other clause contained in this Agreement, the Class and The Collective Action Waiver shall not be severable from this Agreement in any case in which: which (1) the dispute is filed as a class or collective action and (2) a civil court of competent jurisdiction finds the Class and Collective Action Waiver is unenforceable. In such instances, and provided the class or Company has not been able to overturn the finds of unenforceability through exercise of any right to appeal that may exist, the collective action must be litigated in a civil court of competent jurisdiction. (c) There will be no right or authority for any dispute to be brought, heard or arbitrated as a private attorney general representative action (“Private Attorney General Waiver”). The Private Attorney General Waiver shall be severable from this Agreement in any case in which a civil court of competent jurisdiction finds the Private Attorney General Waiver is unenforceable. In such instances, and provided the Company has not been able to overturn the finds of unenforceability through exercise of any right to appeal that may exist, the Private Attorney General action must be litigated in a civil court of competent jurisdiction. Although an Employee will not be retaliated against, disciplined or threatened with discipline as a result of his or her exercising his or her rights under Section 7 of the National Labor Relations Act by the filing of or participation in a class, collective or representative action in any forum, the Company may lawfully seek enforcement of this Agreement and the Class Action Waiver, Collective Action Waiver and Private Attorney General Waiver under the Federal Arbitration Act and seek dismissal of such class, collective or representative actions or claims. Notwithstanding any other clause or language contained in this AgreementAgreement and/or any rules or procedures that might otherwise be applicable by virtue of this Agreement or by virtue of any arbitration organization rules or procedures that now apply or any amendments and/or modifications to those rules, any claim that all the Class Action Waiver or part Collective Action Waiver or Private Attorney General Waiver, or any portion of the Class and Action Waiver or Collective Action Waiver or Private Attorney General Waiver, is unenforceable, inapplicable, unconscionable, or void or voidable may voidable, shall be determined only by a court of competent jurisdiction and not by an arbitrator. The Class and Collective Action Waiver, Collective Action Waiver and any other provision of this Agreement, Private Attorney General Waiver shall be severable in any case in which the dispute is filed as an individual action and severance is necessary to ensure that the individual action proceeds in arbitration. Although Employee will not be retaliated against, disciplined or threatened with discipline for exercising rights under Section 7 of the National Labor Relations Act by the filing of or participation in a class or collective action, the Company may lawfully seek enforcement of this Agreement, including the Class and Collective Action Waiver under the Federal Arbitration Act, and may seek dismissal of any such class or collective action.

How Arbitration Proceedings Are Conducted. Except as provided herein, the Parties will conduct the arbitration according to the rules stated in California Code of Civil Procedure sections 1281-1287, et seq. In arbitration, the parties Parties will have the right to conduct adequate civil discovery, bring dispositive motions, and present witnesses and evidence as needed to present their cases and defenses, and any disputes in this regard shall be resolved by the arbitratorArbitrator. Should a non-party witness refuse to comply with a subpoena issued by the arbitrator You and the arbitrator is unable to enforce compliance with the subpoena, the Parties agree to submit the subpoena to a court of competent jurisdiction for enforcement of the subpoena. Employee and the Company Uber agree to bring any dispute in arbitration on an individual basis only, and not on a class class, collective, or collective private attorney general representative action basis. Accordingly, there , (a) There will be no right or authority for any dispute to be brought, heard or arbitrated as a class or collective action (“"Class and Collective Action Waiver”"). Notwithstanding any other clause contained in this Agreement, the The Class and Collective Action Waiver shall not be severable from this Agreement Arbitration Provision in any case in which: which (1) the dispute is filed as a class action and (2) a civil court of competent jurisdiction finds the Class Action Waiver is unenforceable. In such instances, the class action must be litigated in a civil court of competent jurisdiction. (b) There will be no right or authority for any dispute to be brought, heard or arbitrated as a collective action ("Collective Action Waiver"). The Collective Action Waiver shall not be severable from this Arbitration Provision in any case in which (1) the dispute is filed as a collective action and (2) a civil court of competent jurisdiction finds the Class and Collective Action Waiver is unenforceable. In such instances, the class or collective action must be litigated in a civil court of competent jurisdiction. (c) There will be no right or authority for any dispute to be brought, heard or arbitrated as a private attorney general representative action ("Private Attorney General Waiver"). The Private Attorney General Waiver shall not be severable from this Arbitration Provision in any case in which a civil court of competent jurisdiction finds the Private Attorney General Waiver is unenforceable. In such instances and where the claim is brought as a private attorney general, such private attorney general claim must be litigated in a civil court of competent jurisdiction. Although you will not be retaliated against, disciplined or threatened with discipline as a result of you exercising your rights under Section 7 of the National Labor Relations Act by the filing of or participation in a class, collective or representative action in any forum, Uber may lawfully seek enforcement of this Arbitration Provision and the Class Action Waiver, Collective Action Waiver and Private Attorney General Waiver under the Federal Arbitration Act and seek dismissal of such class, collective or representative actions or claims. Notwithstanding any other clause contained in this Agreement, any claim that all or part of the Class and Action Waiver, Collective Action Waiver or Private Attorney General Waiver is invalid, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The Class and Collective Action Waiver, Collective Action Waiver and any other provision of this Agreement, Private Attorney General Waiver shall be severable in any case in which the dispute is filed as an individual action and severance is necessary to ensure that the individual action proceeds in arbitration. Although Employee will not be retaliated against, disciplined or threatened with discipline for exercising rights under Section 7 of the National Labor Relations Act by the filing of or participation in a class or collective action, the Company may lawfully seek enforcement of this Agreement, including the Class and Collective Action Waiver under the Federal Arbitration Act, and may seek dismissal of any such class or collective action.

How Arbitration Proceedings Are Conducted. Except as provided herein, the Parties will conduct the arbitration according to the rules stated in California Code of Civil Procedure sections 1281-1287, et seq. In arbitration, the parties will have the right to conduct adequate civil discovery, bring dispositive motions, and present witnesses and evidence as needed to present their cases and defenses, and any disputes in this regard shall be resolved by the arbitratorArbitrator. Should a non-party witness refuse to comply with a subpoena issued by the arbitrator and the arbitrator is unable to enforce compliance with the subpoena, the Parties agree to submit the subpoena to a court of competent jurisdiction for enforcement of the subpoena. Employee You and the Company agree to bring resolve any dispute that is in arbitration and subject to this Arbitration Provision on an individual basis only, and not on a class class, collective action, or collective action basis. Accordingly, there will be no right or authority for any dispute to be brought, heard or arbitrated as a class or collective action representative basis (“Class and Collective Action Waiver”). The Arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. The Arbitrator shall have no authority to consider or resolve any claim or issue any relief on a class, collective, or representative basis. The term “representative” in this paragraph includes all representative actions that are subject to this Arbitration Provision, except for claims or actions under the Private Attorneys General Act of 2004, California Labor Code § 2698 et seq. (“PAGA”). Your ability to assert, participate in, or obtain recovery for PAGA claims or actions is addressed separately below in the subsection entitled “Private Attorneys General Act.” Notwithstanding any other clause contained in provision of this Arbitration Provision, the Agreement, or the JAMS Streamlined Arbitration Rules & Procedures, disputes regarding the enforceability, revocability or validity of the Class and Collective Action Waiver shall may be resolved only by a civil court of competent jurisdiction and not be severable from this Agreement in by an arbitrator. In any case in which: which (1) the dispute is filed as a class class, collective, or collective representative action and (2) there is a civil court final judicial determination that all or part of competent jurisdiction finds the Class and Collective Action Waiver is unenforceable. In such instances, the class or collective class, collective, and/or representative action to that extent must be litigated in a civil court of competent jurisdiction. Notwithstanding any other clause contained in this Agreement, any claim that all or part but the portion of the Class and Collective Action Waiver that is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The Class and Collective Action Waiver, and any other provision of this Agreement, enforceable shall be severable in any case in which the dispute is filed as an individual action and severance is necessary to ensure that the individual action proceeds enforced in arbitration. Although Employee While the Company will not be retaliated against, disciplined or threatened with discipline for exercising take any retaliatory action in response to any exercise of rights you may have under Section 7 of the National Labor Relations Act by the filing of or participation in a class or collective actionAct, if any, the Company may lawfully seek enforcement of this Agreement, including the Class and Collective Action Waiver shall not be precluded from moving to enforce its rights under the Federal FAA to compel arbitration on the terms and conditions set forth in this Arbitration Act, and may seek dismissal of any such class or collective actionProvision.