Common use of TERMS GOVERNING THOSE DISPUTES SUBMITTED TO ARBITRATION Clause in Contracts

TERMS GOVERNING THOSE DISPUTES SUBMITTED TO ARBITRATION. This Section 2 governs Disputes that are submitted for binding arbitration under subsection 31.1.4. An arbitrator shall have no authority to determine the validity, enforceability, meaning and scope of this Dispute Resolution Provision, or (ii) class action claims brought by either party as a class representative on behalf of others, or by a class representative on either party’s behalf as a class member, which matters may be determined only by a court without a jury. Arbitration under this provision shall be conducted before a single arbitrator through either the National Arbitration Forum (“NAF”) or Judicial Arbitration and Mediation Service, Inc. (JAMS), as selected by the initiating party, in accordance with the rules of NAF or JAMS (the “Administrator”). However, if the parties agree, a licensed attorney may be selected by the parties to conduct the arbitration without an Administrator. If NAF and JAMS both decline to administer arbitration of the Dispute, and if the parties are unable to mutually agree upon a licensed attorney to act as arbitrator without an Administrator, then either party may file a Lawsuit and move for an ADR Order. The arbitrator, however appointed, shall have expertise in the subject matter of the Dispute. Governing law and venue for the arbitration proceeding shall be as stated in Section 29 above.