Common use of How Arbitration Works Clause in Contracts

How Arbitration Works. (1) Any of us may initiate arbitration by serving on the other parties a written Notice of Demand for Arbitration. Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun or a final judgment entered. Neither you nor we waive the right to arbitrate by filing or serving a complaint, answer, counterclaim, motion, or discovery in a court lawsuit. To chose arbitration, a party may file a motion to compel arbitration in a pending matter and/or commence arbitration by serving the required Notice of Demand for Arbitration and submitting the required American Arbitration Association (AAA) or Better Business Bureau (BB) forms and required filing fees. (2) Arbitration shall be conducted by the AAA according to this arbitration provision and the applicable AAA rules in effect when the claim is filed, except where any such rule or procedure conflicts with this arbitration provision. You can get copies of those rules/procedures from the AAA website (xxx.xxx.xxx) or by calling 000-000-0000. In the event the AAA declines arbitration, then the arbitration shall be conducted by the Better Business Bureau of Louisville (BBB), according to this arbitration provision and the applicable BBB rules in effect when the claim is filed, except where any such rule or procedure conflicts with this arbitration provision. In the event of conflict with rules of either group, this arbitration agreement shall govern. The arbitrator shall be selected by the AAA, or BBB if applicable. Any arbitrator must have some building construction experience. (3) You or we may choose to have a hearing, appear at any hearing by phone or other electronic means, and/or be represented by counsel. Any in-person hearing will be held in the Commonwealth of Kentucky in the same city as the U.S. District Court closest to the inspected home. (4) The arbitration shall be conducted by a single arbitrator in accord with this arbitration provision and the AAA rules (or BBB rules, if applicable), which may limit discovery. The arbitrator shall not apply any federal, state or local rules of civil procedure for discovery, but the arbitrator shall honor claims of privilege recognized at law and take reasonable steps to protect privileged, confidential, and proprietary information if requested to do so. The arbitrator shall apply applicable substantive law consistent with the FAA, applicable statute of limitations, and governing law including without limitation KRS 411.270 to 411.282 and may award damages or other relief under applicable law. (5) The arbitrator shall make any award in writing and, if requested by you or us, may provide a brief statement of the reasons for the award. An arbitration award shall decide the rights and obligations only of the parties named in the arbitration, and shall not have any bearing on any other person or dispute.

Appears in 1 contract

Samples: Visual Home Inspection Contract

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How Arbitration Works. (1) Any of us may initiate arbitration by serving on the other parties a written Notice of Demand for Arbitration. Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun or a final judgment entered. Neither you nor we waive the right to arbitrate by filing or serving a complaint, answer, counterclaim, motion, or discovery in a court lawsuit. To chose arbitration, a party may file a motion to compel arbitration in a pending matter and/or commence arbitration by serving the required Notice of Demand for Arbitration Arbitration, and submitting the required American Arbitration Association (AAA) or Better Business Bureau (BBBBB) forms and required filing fees. (2) Arbitration shall be conducted by the AAA according to this arbitration provision and the applicable AAA rules in effect when the claim is filed, except where any such rule or procedure conflicts with this arbitration provision. You can get copies of those rules/procedures from the AAA website (xxx.xxx.xxx) or by calling 000-000-0000. In the event the AAA declines arbitration, then the arbitration shall be conducted by the Better Business Bureau of Louisville (BBB)Louisville, according to this arbitration provision and the applicable BBB rules in effect when the claim is filed, except where any such rule or procedure conflicts with this arbitration provision. In the event of conflict with rules of either group, this arbitration agreement shall govern. The arbitrator shall be selected by the AAA, or BBB if applicable. Any arbitrator must have some building construction experience. (3) You or we may choose to have a hearing, appear at any hearing by phone or other electronic means, and/or be represented by counsel. Any in-person hearing will be held in the Commonwealth of Kentucky in the same city as the U.S. District Court closest to the inspected home. (4) The arbitration shall be conducted by a single arbitrator in accord with this arbitration provision and the AAA rules (or BBB rules, if applicable), which may limit discovery. The arbitrator shall not apply any federal, state or local rules of civil procedure for discovery, but the arbitrator shall honor claims of privilege recognized at law and take reasonable steps to protect privileged, confidential, and proprietary information if requested to do so. The arbitrator shall apply applicable substantive law consistent with the FAA, applicable statute of limitations, and governing law including without limitation KRS 411.270 to 411.282 and may award damages or other relief under applicable law. (5) The arbitrator shall make any award in writing and, if requested by you or us, may provide a brief statement of the reasons for the award. An arbitration award shall decide the rights and obligations only of the parties named in the arbitration, and shall not have any bearing on any other person or dispute.

Appears in 1 contract

Samples: Visual Home Inspection Contract

How Arbitration Works. (1) Any of us may initiate arbitration by serving on the other parties a written Notice of Demand for Arbitration. Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun or a final judgment entered. Neither you nor we waive the right to arbitrate by filing or serving a complaint, answer, counterclaim, motion, or discovery in a court lawsuit. To chose arbitration, a party may file a motion to compel arbitration in a pending matter and/or commence arbitration by serving the required Notice of Demand for Arbitration Arbitration, and submitting the required American Arbitration Association (AAA) or Better Business Bureau (BBBBB) forms and required filing fees. (2) Arbitration shall be conducted by the AAA according to this arbitration provision and the applicable AAA rules in effect when the claim is filed, except where any such rule or procedure conflicts with this arbitration provision. You can get copies of those rules/procedures from the AAA website (xxx.xxx.xxx) or by calling 000-000-0000. In the event the AAA declines arbitration, then the arbitration shall be conducted by the Better Business Bureau of Louisville (BBB)Louisville, according to this arbitration provision and the applicable BBB rules in effect when the claim is filed, except where any such rule or procedure conflicts with this arbitration provision. In the event of conflict with rules of either group, this arbitration agreement shall govern. The arbitrator shall be selected by the BBB or AAA, or BBB if applicable. Any arbitrator must have some building construction experience. (3) You or we may choose to have a hearing, appear at any hearing by phone or other electronic means, and/or be represented by counsel. Any in-person hearing will be held in the Commonwealth of Kentucky in the same city as the U.S. District Court closest to the inspected home. (4) The arbitration shall be conducted by a single arbitrator in accord with this arbitration provision and the AAA rules (or BBB rules, if applicable), which may limit discovery. The arbitrator shall not apply any federal, state or local rules of civil procedure for discovery, but the arbitrator shall honor claims of privilege recognized at law and take reasonable steps to protect privileged, confidential, and proprietary information if requested to do so. The arbitrator shall apply applicable substantive law consistent with the FAA, applicable statute of limitations, and governing law including without limitation KRS 411.270 to 411.282 and may award damages or other relief under applicable law. (5) The arbitrator shall make any award in writing and, if requested by you or us, may provide a brief statement of the reasons for the award. An arbitration award shall decide the rights and obligations only of the parties named in the arbitration, and shall not have any bearing on any other person or dispute.

Appears in 1 contract

Samples: Visual Home Inspection Contract

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How Arbitration Works. (1) Any of us may initiate arbitration by serving on the other parties a written Notice of Demand for Arbitration. Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun or a final judgment entered. Neither you nor we waive the right to arbitrate by filing or serving a complaint, answer, counterclaim, motion, or discovery in a court lawsuit. To chose choose arbitration, a party may file a motion to compel arbitration in a pending matter and/or commence arbitration by serving the required Notice of Demand for Arbitration Arbitration, and submitting the required American Arbitration Association (AAA) or Better Business Bureau (BBBBB) forms and required filing fees. (2) Arbitration shall be conducted by the AAA according to this arbitration provision and the applicable AAA rules in effect when the claim is filed, except where any such rule or procedure conflicts with this arbitration provision. You can get copies of those rules/procedures from the AAA website (xxx.xxx.xxx) or by calling 000-000-0000. In the event the AAA declines arbitration, then the arbitration shall be conducted by the Better Business Bureau of Louisville (BBB)Louisville, according to this arbitration provision and the applicable BBB rules in effect when the claim is filed, except where any such rule or procedure conflicts with this arbitration provision. In the event of conflict with rules of either group, this arbitration agreement shall govern. The arbitrator shall be selected by the AAA, or BBB if applicable. Any arbitrator must have some building construction experience. (3) You or we may choose to have a hearing, appear at any hearing by phone or other electronic means, and/or be represented by counsel. Any in-person hearing will be held in the Commonwealth of Kentucky in the same city as the U.S. District Court closest to the inspected home. (4) The arbitration shall be conducted by a single arbitrator in accord with this arbitration provision and the AAA rules (or BBB rules, if applicable), which may limit discovery. The arbitrator shall not apply any federal, state or local rules of civil procedure for discovery, but the arbitrator shall honor claims of privilege recognized at law and take reasonable steps to protect privileged, confidential, and proprietary information if requested to do so. The arbitrator shall apply applicable substantive law consistent with the FAA, applicable statute of limitations, and governing law including without limitation KRS 411.270 to 411.282 and may award damages or other relief under applicable law. (5) The arbitrator shall make any award in writing and, if requested by you or us, may provide a brief statement of the reasons for the award. An arbitration award shall decide the rights and obligations only of the parties named in the arbitration, and shall not have any bearing on any other person or dispute.

Appears in 1 contract

Samples: Terms of Service and Enrollment Agreement

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