Common use of How Arbitration Works Clause in Contracts

How Arbitration Works. How does a party initiate arbitration? The party filing an arbitration must choose one of the following two arbitration firms and follow its rules and procedures for initiating and pursuing an arbitration: American Arbitration Association or National Arbitration Forum. Any arbitration hearing that I attend will be held at a place chosen by the arbitration firm in the same city as the U.S. District Court closest to my then current billing address, or at some other place to which I and the Bank agree in writing. You may obtain copies of the current rules of each of the two arbitration firms and forms and instructions for initiating an arbitration by contacting them as follows: American Arbitration Association 000-000-0000 (toll-free) Website: xxx.xxx.xxx JAMS 000-000-0000 (toll-free) Website: xxx.xxxxxxx.xxx At any time the Bank or I may ask an appropriate court to compel arbitration of Claims, or to stay the litigation of Claims pending arbitration, even if such Claims are part of a lawsuit, unless a trial has begun or a final judgment has been entered. Even if a party fails to exercise these rights at any particular time, or in connection with any particular Claims, that party can still require arbitration at a later time or in connection with any other Claims. • What procedures and law are applicable in arbitration? A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten years experience or a retired or former judge, selected in accordance with the rules of the arbitration firm. The arbitration will follow procedures and rules of the arbitration firm in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with this Agreement, in which case this Agreement will prevail. Those procedures and rules may limit the discovery available to me or the Bank. The arbitrator will take reasonable steps to protect customer Account information and other confidential information if requested to do so by me or the Bank. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations, will honor claims of privilege recognized at law, and will have the power to award to a party any damages or other relief provided for under applicable law. I or the Bank may choose to have a hearing and be represented by counsel. The arbitrator will make any award in writing and, if requested by me or the Bank, will provide a brief statement of the reasons for the award. An award in arbitration shall determine the rights and obligations between the named parties only, and only in respect of the Claims in arbitration, and shall not have any bearing on the rights and obligations of any other person, or on the resolution of any other dispute. • Who pays? Whoever files the arbitration pays the initial filing fee. If the Bank files, the Bank pays; if I file, I pay, unless I get a fee waiver under the applicable rules of the arbitration firm. If I have paid the initial filing fee and I prevail, the Bank will reimburse me for that fee. If there is a hearing, the Bank will pay any fees of the arbitrator and arbitration firm for the first day of that hearing. All other fees will be allocated as provided by the rules of the arbitration firm and applicable law. However, the Bank will advance or reimburse my fees if the arbitration firm or arbitrator determines there is good reason for requiring the Bank to do so, or if I ask the Bank and the Bank determines there is good reason for doing so. Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. • Who can be a party? Claims must be brought in the name of an individual person or entity and must proceed on an individual (non- class, non-representative) basis. The arbitrator will not award relief for or against anyone who is not a party. If I or the Bank require arbitration of a Claim, neither I, the Bank, nor any other person may pursue the Claim in arbitration as a class action, private attorney general action or other representative action, nor may such Claim be pursued on my or the Bank’s behalf in any litigation in any court. Claims, including assigned Claims, of two or more persons may not be joined or consolidated in the same arbitration. However, applicants, co-applicants, authorized users on a single account and/or related accounts, or corporate affiliates are here considered as one person. • When is an arbitration award final? The arbitrator’s award is final and binding on the parties unless a party appeals it in writing to the arbitration firm within fifteen days of notice of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the same arbitration firm. The panel will consider all factual and legal issues anew, follow the same rules that apply to a proceeding using a single arbitrator, and make decisions based on the vote of the majority. Costs will be allocated in the same way they are allocated for arbitration before a single arbitrator. An award by a panel is final and binding on the parties after fifteen days have passed. A final and binding award is subject to judicial review and enforcement as provided by the FAA or other applicable law.

How Arbitration Works. How does a party initiate arbitration? The party filing an arbitration must choose one of the following two arbitration firms and follow its rules and procedures for initiating and pursuing an arbitration: American Arbitration Association or National Arbitration Forum. Any arbitration hearing that I you attend will be held at a place chosen by the arbitration firm in the same city as the U.S. District Court closest to my your then current billing addressaddress on file with us, or at some other place to which I you and the Bank we agree in writing. You may obtain copies of the current rules of each of the two arbitration firms and forms and instructions for initiating an arbitration by contacting them as follows: American Arbitration Association 000National Arbitration Forum 0000 Xxxxxxxx, Floor 10 P.O. Box 50191 New York, NY 10019 Minneapolis, MN 55405-000-0000 (toll-free) Website0901 Web site: xxx.xxx.xxx JAMS 000-000-0000 (toll-free) WebsiteWeb site: xxx.xxxxxxx.xxx xxx.xxxxxxxxxxx-xxxxx.xxx At any time the Bank you or I we may ask an appropriate court to compel arbitration of Claims, or to stay the litigation of Claims pending arbitration, even if such Claims are part of a lawsuit, unless a trial has begun or a final judgment has been entered. Even if a party fails to exercise these rights at any particular time, or in connection with any particular Claims, that party can still require arbitration at a later time or in connection with any other Claims. • What procedures and law are applicable in arbitration? A single, single neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten years experience or a retired or former judge, selected in accordance with the rules of the arbitration firm. The arbitration will follow procedures and rules of the arbitration firm in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with this Agreement, in which case this Agreement will prevail. Those procedures and rules may limit the discovery available to me you or the Bankus. The arbitrator will take reasonable steps to protect customer Account information and other confidential information if requested required to do so by me you or the Bankus. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations, will honor claims of privilege recognized at law, and will have the power to award to a party any damages or other relief provided for under applicable law. I You or the Bank we may choose to have a hearing and be represented by counsel. The arbitrator will make any award in writing and, if requested by me you or the Bankus, will provide a brief statement of the reasons for the award. An award in arbitration shall determine the rights and obligations between the named parties only, and only in respect of the Claims in arbitration, and shall not have any bearing on the rights and obligations of any other personpersons, or on the resolution of any other dispute. • Who pays? Whoever files the arbitration pays the initial filing feearbitration firm’s fee(s). If the Bank fileswe file, the Bank payswe pay; if I you file, I you pay, unless I you get a fee waiver under the applicable rules of the arbitration firm. If I you have paid the initial filing fee arbitration firm’s fee(s) and I you prevail, the Bank we will reimburse me you for that feesuch fee(s). If there is a hearing, the Bank we will pay any fees of the arbitrator and arbitration firm for the first day of that hearing. All other fees will be allocated as provided by the rules of the arbitration firm and applicable law. However, the Bank we will advance or reimburse my your fees if the arbitration firm or arbitrator determines there is good reason for requiring the Bank us to do so, or if I you ask the Bank us and the Bank determines we determine there is good reason for doing so. Each Unless otherwise provided by applicable law, each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. • CITI PREPAID SERVICES_CARDHOLDER AGREEMENT_MASTER_M-92906_NOV2008.doc Who can be a party? Claims must be brought in the name of an individual person or entity and must proceed on an individual (non- class, non-representative) basis. The arbitrator will not award relief for or against anyone who is not a party. If I you or the Bank we require arbitration of a Claim, neither Iyou, the Bankwe, nor any other person may pursue the Claim in arbitration as a class action, private attorney general action or other representative action, nor may such Claim be pursued on my your or the Bank’s our behalf in any litigation in any court. Claims, including assigned Claims, of two or more persons may not be joined or consolidated in the same arbitration. However, applicants, co-applicants, secondary cardholders and authorized users on a single account CITI PREPAID SERVICES Card and/or related accountsCITI PREPAID SERVICES Cards, or corporate affiliates are here considered as one person. • When is an arbitration award final? The arbitrator’s award is final and binding on the parties unless a party appeals it in writing to the arbitration firm within fifteen days of notice of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the same arbitration firm. The panel will consider all factual and legal issues anew, follow the same rules that apply to a proceeding using a single arbitrator, and make decisions based on the vote of the majority. Costs will be allocated in the same way they are allocated for arbitration before a single arbitrator. An award by a panel is final and binding on the parties after fifteen days have has passed. A final and binding award is subject to judicial review and enforcement as provided by the FAA or other applicable law.

How Arbitration Works. How does a party initiate arbitration? The party filing fling an arbitration must choose one of the following two arbitration firms frms and follow its rules and procedures for initiating and pursuing an arbitration: American Arbitration Association or National Arbitration Forum. Any arbitration hearing that I attend will be held at a place chosen by the arbitration firm frm in the same city as the U.S. District Court closest to my then current billing address, or at some other place to which I and the Bank agree in writing. You may obtain copies of the current rules of each of the two arbitration firms frms and forms and instructions for initiating an arbitration by contacting them as follows: American Arbitration Association 000-000-0000 (toll-free) Website: xxx.xxx.xxx JAMS 000-000-0000 (toll-free) Website: xxx.xxxxxxx.xxx At any time the Bank or I may ask an appropriate court to compel arbitration of Claims, or to stay the litigation of Claims pending arbitration, even if such Claims are part of a lawsuit, unless a trial has begun or a final fnal judgment has been entered. Even if a party fails to exercise these rights at any particular time, or in connection with any particular Claims, that party can still require arbitration at a later time or in connection with any other Claims. • What procedures and law are applicable in arbitration? A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten years experience or a retired or former judge, selected in accordance with the rules of the arbitration firmfrm. The arbitration will follow procedures and rules of the arbitration firm frm in effect on the date the arbitration is filed fled unless those procedures and rules are inconsistent with this Agreement, in which case this Agreement will prevail. Those procedures and rules may limit the discovery available to me or the Bank. The arbitrator will take reasonable steps to protect customer Account information and other confidential confdential information if requested to do so by me or the Bank. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations, will honor claims of privilege recognized at law, and will have the power to award to a party any damages or other relief provided for under applicable law. I or the Bank may choose to have a hearing and be represented by counsel. The arbitrator will make any award in writing and, if requested by me or the Bank, will provide a brief statement of the reasons for the award. An award in arbitration shall determine the rights and obligations between the named parties only, and only in respect of the Claims in arbitration, and shall not have any bearing on the rights and obligations of any other person, or on the resolution of any other dispute. • Who pays? Whoever files fles the arbitration pays the initial filing fling fee. If the Bank filesfles, the Bank pays; if I filefle, I pay, unless I get a fee waiver under the applicable rules of the arbitration firmfrm. If I have paid the initial filing fling fee and I prevail, the Bank will reimburse me for that fee. If there is a hearing, the Bank will pay any fees of the arbitrator and arbitration firm frm for the first frst day of that hearing. All other fees will be allocated as provided by the rules of the arbitration firm frm and applicable law. However, the Bank will advance or reimburse my fees if the arbitration firm frm or arbitrator determines there is good reason for requiring the Bank to do so, or if I ask the Bank and the Bank determines there is good reason for doing so. Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. • Who can be a party? Claims must be brought in the name of an individual person or entity and must proceed on an individual (non- class, non-representative) basis. The arbitrator will not award relief for or against anyone who is not a party. If I or the Bank require arbitration of a Claim, neither I, the Bank, nor any other person may pursue the Claim in arbitration as a class action, private attorney general action or other representative action, nor may such Claim be pursued on my or the Bank’s behalf in any litigation in any court. Claims, including assigned Claims, of two or more persons may not be joined or consolidated in the same arbitration. However, applicants, co-applicants, authorized users on a single account and/or related accounts, or corporate affiliates affliates are here considered as one person. • When is an arbitration award finalfnal? The arbitrator’s award is final fnal and binding on the parties unless a party appeals it in writing to the arbitration firm frm within fifteen ffteen days of notice of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the same arbitration firmfrm. The panel will consider all factual and legal issues anew, follow the same rules that apply to a proceeding using a single arbitrator, and make decisions based on the vote of the majority. Costs will be allocated in the same way they are allocated for arbitration before a single arbitrator. An award by a panel is final fnal and binding on the parties after fifteen ffteen days have passed. A final fnal and binding award is subject to judicial review and enforcement as provided by the FAA or other applicable law.

How Arbitration Works. How does a party initiate arbitration? The party filing an arbitration must choose one of a. Arbitration shall be conducted by the following two arbitration firms and follow its rules and procedures for initiating and pursuing an arbitration: American Arbitration Association or National Arbitration Forum. Any (“AAA”) according to this arbitration hearing that I attend will be held at a place chosen by the arbitration firm in the same city as the U.S. District Court closest to my then current billing address, or at some other place to which I provision and the Bank agree applicable AAA Commercial Arbitration Rules in writingeffect when the claim is filed (“AAA Rules”), except where those rules conflict with this arbitration provision. You may Merchant can obtain copies of the current rules of each of AAA Rules at the two AAA’s website (xxx.xxx.xxx). Merchant or Xxxxxxx may choose to have a hearing, appear at any hearing by phone or other electronic means, and/or be represented by counsel. Notwithstanding any terms to the contrary, any in-person hearing will be held in Arlington, Virginia. The arbitration firms shall be conducted and forms the award shall be rendered in English. b. Arbitration may be requested any time, even where there is a pending lawsuit, unless discovery has fully and instructions for initiating an arbitration finally concluded, and/or a final judgment entered. Neither Merchant nor Xxxxxxx waives the right to arbitrate by contacting them as follows: American Arbitration Association 000-000-0000 (toll-free) Website: xxx.xxx.xxx JAMS 000-000-0000 (toll-free) Website: xxx.xxxxxxx.xxx At any time the Bank filing or I may ask an appropriate court serving a complaint, answer, counterclaim, or motion in a lawsuit. To choose arbitration, a Party must file a motion to compel arbitration in a pending matter or commence arbitration by submitting the required AAA forms and requisite filing fees to the AAA. c. The arbitration shall be conducted by a single arbitrator agreed to by the Parties within twenty (20) days of Claimsreceipt by respondent of the request for arbitration (unless an extended time period is agreed to by the Parties). In the event the Parties are unable to agree upon the selection of the arbitrator, or to stay the litigation of Claims pending arbitration, even if such Claims are part of a lawsuit, unless a trial has begun or a final judgment has been entered. Even if a party fails to exercise these rights at any particular time, or in connection with any particular Claims, that party can still require arbitration at a later time or in connection with any other Claims. • What procedures and law are applicable in arbitration? A single, neutral arbitrator will resolve Claims. The arbitrator will shall be either a lawyer with at least ten years experience or a retired or former judge, selected in accordance with this arbitration provision and the rules of AAA Rules for appointing an arbitrator from the arbitration firmAAA National Roster. The arbitration will follow procedures and rules of the arbitration firm in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with this Agreement, in which case this Agreement will prevail. Those procedures and rules selected arbitrator may limit the discovery available to me or the Bankdiscovery. The arbitrator will take reasonable steps to protect customer Account information and other confidential information if requested to do so by me shall not apply any federal or state rules of civil procedure for discovery, but the Bank. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations, will shall honor claims of privilege recognized at law and shall take reasonable steps to protect account information and other confidential information of any Party if requested to do so. Except as may be required by law, and will have neither a Party nor the power arbitrator may disclose the existence, content or results of any arbitration without the prior written consent of both parties, unless to award to protect or pursue a party any damages or other relief provided for under applicable law. I or the Bank may choose to have a hearing and be represented by counsellegal right. The arbitrator will shall apply the substantive laws of the jurisdiction specified in any contract between the parties. If no jurisdiction is specified or if multiple jurisdictions are specified in various contracts among the Parties, the substantive laws of the Commonwealth of Virginia shall apply, without regard to any applicable principals of conflicts of law. d. The arbitrator shall make any award in writing and, if requested by me Xxxxxxxx or the BankKapitus, will provide shall include a brief statement of the reasons reasoned opinion for the award. An arbitration award in arbitration shall determine decide the rights and obligations between the named parties only, and only in respect of the Claims parties named in the arbitration, and shall not have any bearing on the rights and obligations of any other person, or on the resolution of any other dispute. • Who pays? Whoever files the arbitration pays the initial filing fee. If the Bank files, the Bank pays; if I file, I pay, unless I get a fee waiver under the applicable rules of the arbitration firm. If I have paid the initial filing fee and I prevail, the Bank will reimburse me for that fee. If there is a hearing, the Bank will pay any fees of the arbitrator and arbitration firm for the first day of that hearing. All other fees will be allocated as provided by the rules of the arbitration firm and applicable law. However, the Bank will advance or reimburse my fees if the arbitration firm or arbitrator determines there is good reason for requiring the Bank to do so, or if I ask the Bank and the Bank determines there is good reason for doing so. Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. • Who can be a party? Claims must be brought in the name of an individual person or entity and must proceed on an individual (non- class, non-representative) basis. The arbitrator will not award relief for or against anyone who is not a party. If I or the Bank require arbitration of a Claim, neither I, the Bank, nor any other person may pursue the Claim in arbitration as a class actionor dispute. e. The arbitrator shall have no authority to award punitive damages, private attorney general action consequential damages, or other representative action, nor may such Claim be pursued on my or the Bank’s behalf in any litigation in any court. Claims, including assigned Claims, of two or more persons may damages not be joined or consolidated in the same arbitration. However, applicants, co-applicants, authorized users on a single account and/or related accounts, or corporate affiliates are here considered as one person. • When is an arbitration award final? The arbitrator’s award is final and binding on the parties unless a party appeals it in writing to the arbitration firm within fifteen days of notice of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated measured by the same arbitration firm. The panel will consider all factual and legal issues anewprevailing Party’s actual damages, follow except as required by statute or allowed under any agreement between the same rules that apply to a proceeding using a single arbitrator, and make decisions based on the vote of the majority. Costs will be allocated in the same way they are allocated for arbitration before a single arbitrator. An award by a panel is final and binding on the parties after fifteen days have passed. A final and binding award is subject to judicial review and enforcement as provided by the FAA or other applicable lawParties.

How Arbitration Works. How does a party initiate arbitration? The party filing an arbitration must choose one of the following two arbitration firms and follow its rules and procedures for initiating and pursuing an arbitration: American Arbitration Association or National Arbitration ForumJAMS. Any arbitration hearing that I you attend will be held at a place chosen by the arbitration firm in the same city as the U.S. District Court closest to my then your current billing address, or at some other place to which I you and the Bank we agree in writing. You may obtain copies of the current rules of each of the two arbitration firms and forms and instructions for initiating an arbitration by contacting them as follows: American Arbitration Association 000-000-0000 (toll-free) Website: xxx.xxx.xxx JAMS 000-000-0000 (toll-free) Website: xxx.xxxxxxx.xxx At any time the Bank or I may ask an appropriate court to compel arbitration of Claims, or to stay the litigation of Claims pending arbitration, even if such Claims are part of a lawsuit, unless a trial has begun or a final judgment has been entered. Even if a party fails to exercise these rights at any particular time, or in connection with any particular Claims, that party can still require arbitration at a later time or in connection with any other Claims. • What procedures and law are applicable in arbitration? A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten years years’ experience or a retired or former judge, selected in accordance with the rules of the arbitration firm. The arbitration will follow procedures and rules of the arbitration firm in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with this Agreement, in which case this Agreement will prevail. Those procedures and rules may limit the discovery available to me you or the Bankus. The arbitrator will take reasonable steps to protect customer Account account information and other confidential information if requested to do so by me you or the Bankus. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations, will honor claims of privilege recognized at law, and will have the power to award to a party any damages or other relief provided for under applicable law. I You or the Bank we may choose to have a hearing and be represented by counsel. The arbitrator will make any award in writing and, if requested by me you or the Bankus, will provide a brief statement of the reasons for the award. An award in arbitration shall determine the rights and obligations between the named parties only, and only in respect of the Claims in arbitration, and shall not have any bearing on the rights and obligations of any other person, or on the resolution of any other dispute. • Who pays? Whoever files the arbitration pays the initial filing fee. If the Bank fileswe file, the Bank payswe pay; if I you file, I you pay, unless I you get a fee waiver under the applicable rules of the arbitration firm. If I you have paid the initial filing fee and I you prevail, the Bank we will reimburse me you for that fee. If there is a hearing, the Bank we will pay any fees of the arbitrator and arbitration firm for the first day of that hearing. All other fees will be allocated as provided by the rules of the arbitration firm and applicable law. However, the Bank will advance or reimburse my fees if the arbitration firm or arbitrator determines there is good reason for requiring the Bank to do so, or if I ask the Bank and the Bank determines there is good reason for doing so. Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. • Who can be a party? Claims must be brought in the name of an individual person or entity and must proceed on an individual (non- class, non-representative) basis. The arbitrator will not award relief for or against anyone who is not a party. If I you or the Bank we require arbitration of a Claim, neither Iyou, the Bankwe, nor any other person may pursue the Claim in arbitration as a class action, private attorney general action or other representative action, nor may such Claim be pursued on my your or the Bank’s our behalf in any litigation in any court. Claims, including assigned Claims, of two or more persons may not be joined or consolidated in the same arbitration. However, applicants, co-applicants, authorized users on a single account and/or related accounts, or corporate affiliates are here considered as one person. • When is an arbitration award final? The arbitrator’s award is final and binding on the parties unless a party appeals it in writing to the arbitration firm within fifteen days of notice of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the same arbitration firm. The panel will consider all factual and legal issues anew, follow the same rules that apply to a proceeding using a single arbitrator, and make decisions based on the vote of the majority. Costs will be allocated in the same way they are allocated for arbitration before a single arbitrator. An award by a panel is final and binding on the parties after fifteen days have has passed. A final and binding award is subject to judicial review and enforcement as provided by the FAA or other applicable law.