Limited Right to Appeal. As explained above, court review of the arbitrator’s decision is limited pursuant to the FAA; however, the Terms provide a limited right to appeal the arbitrator’s decision to a panel of JAMS arbitrators, as set forth in this sub-section. Specifically, in the event that the arbitrator awards injunctive relief against either you or us, the party against whom injunctive relief was awarded may—within 21 days of the arbitrator’s final decision—appeal that decision to JAMS, in accordance with the following procedure:
Limited Right to Appeal. The Parties agree that a final decision of the arbitrators under Section 17.4 shall be subject to a limited arbitral appellate review process as set forth in this Section 17.5 (an “Appeal”). Within fifteen (15) calendar days of the Parties’ receipt of a final decision of the arbitrators, either Party may make an Appeal of such decision under this Section 17.5 upon written notice to the other Party. Such notice shall attach a copy of the arbitrators’ decision and the bases for appealing such decision. If neither Party provides such written notice to the other Party within such fifteen (15) day period, then the decision of the arbitrators under Section 17.4 shall be final, binding, and immediately enforceable. Any decision submitted to an Appeal in accordance with this Section 17.5 shall be heard and decided by a three (3) person appellate arbitral tribunal (“Tribunal”). The Tribunal shall be constituted using the same selection process as used for arbitrators pursuant to Section 17.3, except that candidates for the Tribunal shall be persons who have served as district court judges or circuit court judges in the United States federal court system, or who are agreed upon by the Parties, and no person having served as an arbitrator in the arbitration under Section 17.3 may serve on the Tribunal. Any Appeal proceedings shall be held in New York, New York, unless the Parties otherwise agree in writing. The Tribunal, in addition to deciding any Appeal, shall have the authority to make a full and final determination as to any challenge to the Tribunal’s authority to act. The Parties intend for the Appeal to proceed expeditiously and not be used to delay, or have the effect of unduly delaying, the enforcement of the decision of the arbitrators under Section 17.4 and therefore agree to use the following process. A telephonic, or where feasible in-person, pre-hearing conference shall be held with the Tribunal within fourteen (14) calendar days following the Tribunal being constituted. Within fourteen (14) calendar days following the pre-hearing conference, each Party shall provide to the other Party and the Tribunal a document stating its position with respect to the Appeal, not to exceed fifty (50) pages double spaced/letter sized paper (viewed in its totality, and not on a per claim basis), per Appeal. The Tribunal shall determine whether to hold an in-person or telephonic hearing, which in either case shall be held within fourteen (14) days after the date that the...
Limited Right to Appeal. The Parties covenant and agree not to appeal the Final Order and Judgment. Nothing in this paragraph should be construed to grant or confer any right of appeal to any party or nonparty to the Actions, other than as already exists and as provided by applicable law, if any. With respect to any other action that is not listed above as part of the Actions and that is currently pending or is later filed in any state or federal court asserting claims that are related to the subject matter of the Actions prior to Final Approval of the Settlement, Plaintiffs shall provide supporting documentation as is reasonably requested by Defendants in order to obtain the dismissal, stay, or withdrawal of such related litigation, including where appropriate joining in any motion to dismiss or stay such litigation.
