Small Claims. American Express will not elect arbitration for any Claim Merchant properly files in a small claims court so long as the Claim seeks individual relief only and is pending only in that court.
Small Claims. AMERICAN EXPRESS shall not elect to use arbitration under this section for any Claim Merchant properly files in a small claims court so long as the Claim seeks individual relief only and is pending only in that court.
Small Claims. Notwithstanding the foregoing provisions of this Section, either party to this Agreement shall retain the right to seek relief in a small claims court for disputes or claims within the scope of its jurisdiction.
Small Claims. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $20,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration in accordance with the Utah Uniform Arbitration Act. The arbitrator and the parties must comply with the following rules: (a) the arbitration will be conducted by telephone, online, or be solely based on written submissions, and the specific manner will be chosen by the party initiating the arbitration; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator will be final, and if not paid or otherwise settled in full before 20 days after the date of the award, may be entered in any court of competent jurisdiction.
Small Claims. If the dispute involves a claim which can be filed in small claims court, it shall be resolved through small claims court and not through alternative dispute resolution.
Small Claims. American Express will not elect arbitration for any Claim MERCHANT properly files in a small claims court so long as the Claim seeks individual relief only and is pending only in that court(ix) Governing Law/Arbitration Procedures/Entry of Judgment. This Arbitration Agreement is made pursuant to a transaction involving interstate commerce and is governed by the FAA. The arbitrator shall apply New York law and applicable statutes of limitations 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 15 days to respond before the arbitrator rules on the request. If MERCHANT’S Claim is for $10,000 or less, MERCHANT 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 request of a party, the arbitrator will provide a written opinion explaining his/her award. The arbitrator’sdecision 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 MERCHANT’S headquartersor MERCHANT’S assets are located.
Small Claims. All claims that have not been resolved by mediation and which are within the jurisdiction of the Small Claims Department of the Circuit Court of the State of Oregon in Multnomah County shall be brought and determined there, and all parties waive their right to a jury trial with respect to such claims.
Small Claims. You and We retain the right to seek individual relief in small claims court so long as the Claim is only in that court and is within that court’s jurisdiction. Filing or pursuing a Claim in small claims court does not waive any right to seek arbitration for Claims outside the court’s jurisdiction or if the Claim is transferred, removed, or appealed to a different court. Excluded Claims. The following claims, called Excluded Claims, are excluded from the arbitration process: self-help remedies (such as repossession), foreclosure, replevin, garnishment, and/or individual injunctive relief. Pursuing an Excluded Claim in court does not waive any right to seek arbitration for Claims outside the court’s jurisdiction, or if an Excluded Claim is transferred, removed, or appealed to a different court. Non-Waiver. Even if a Claim is brought in court, You or We may choose to arbitrate any Claim made by a new party or any Claim later asserted by a party in that action or any related or unrelated lawsuit. Arbitration Process. Arbitrations will be conducted by the American Arbitration Association (“AAA”) or, if the AAA is not available, another arbitration organization, subject to agreement by both You and Us. You can find the rules of the AAA by visiting its website at xxx.xxx.xxx. Arbitrators must be attorneys or retired judges with at least 15 years of experience practicing law. Arbitrators must be selected according to rules of the AAA or any other agreed arbitration organization. Arbitrators must apply substantive governing law and applicable statutes of limitation. The arbitration hearing will be conducted before a single arbitrator in the federal district where You live. The arbitration may take place somewhere else more convenient to You if required by the rules of the AAA or any other agreed arbitration organization. If You and We agree, the arbitration can be conducted by telephone. You will pay an administrative fee and arbitrator’s fees. The AAA caps Your fees depending on the amount of any Claim that You file. We will be responsible for administrative fees and arbitrator’s fees in excess of the capped amounts. If You ask Us in writing, We will pay the entire administrative fee and arbitrator’s fees. You and We will each pay Our own attorney’s fees and witness and experts’ expenses, except as otherwise required by law or this Arbitration Agreement. The arbitration award must be in a written, reasoned opinion. Any award must be kept confidential. The arbitrat...
Small Claims. All disputes, claims, or controversies arising out of or relating to this Agreement with Five Thousand Dollars ($5,000) or less in controversy shall be adjudicated in the Harbor Municipal Court District of the Superior Court of California, County of Orange, according to California law.
Small Claims. If the amount in dispute is within the jurisdiction of the small claims court it shall be resolved through an action in the small claims court and shall not be subject to arbitration. The Bank and you elect to be bound by the Federal Arbitration Act. Except as set forth below, the parties agree to arbitrate any dispute or controversy concerning your deposit account or related services, including, without limitation, Debit Cards and wire transfers. Either party may request that the matter be submitted to arbitration.
