expert witness fees. The arbitrator
shall apply applicable substantive
law consistent with the FAA, shall
apply statutes of limitation, and shall
honor claims of privilege recognized
at law. The arbitrator shall decide,
with or without a hearing, any
motion that is substantially similar
to a motion to dismiss for failure
to state a claim or a motion for
summary judgment. In conducting
the
arbitration
arbitrator shall not apply any federal
or state rules of civil procedure or
evidence.
The arbitrator shall not
consolidate the claims of multiple
parties unless you and Britax agree
to do so. At the timely request of any
party, the arbitrator shall provide a
written explanation for the award.
The arbitrator's award may be filed
with any court having jurisdiction.
THIS
ARBITRATION
DOES
NOT
ALLOW
COLLECTIVE ARBITRATIONS EVEN IF
THE AAA RULES OR PROCEDURES
WOULD.
IN OTHER WORDS, YOU
AND BRITAX EACH AGREE THAT ALL
DISPUTES SHALL BE ARBITRATED
ON AN INDIVIDUAL BASIS AND
WAIVE ANY RIGHT TO PROCEED
IN A CLASS, CONSOLIDATED, OR
REPRESENTATIVE FASHION.
ARBITRATOR MAY AWARD MONEY
OR INJUNCTIVE RELIEF ONLY IN
FAVOR OF THE INDIVIDUAL PARTY
SEEKING RELIEF AND ONLY TO
THE
EXTENT
PROVIDE RELIEF WARRANTED BY
THAT PARTY'S INDIVIDUAL CLAIM.
NO CLASS, REPRESENTATIVE OR
PRIVATE
ATTORNEY
OR GENERAL INJUNCTIVE RELIEF
THEORIES OF LIABILITY OR PRAYERS
FOR RELIEF MAY BE MAINTAINED
IN ANY ARBITRATION CONDUCTED
PURSUANT TO THIS ARBITRATION
AGREEMENT.
If the foregoing class action waiver
and prohibition against class
arbitration is determined to be
invalid or unenforceable for any
reason, then this entire Arbitration
Agreement shall be void. If any
18
proceeding,
the
AGREEMENT
CLASS
OR
THE
NECESSARY
TO
GENERAL
portion of this Arbitration Agreement
other than the class action waiver
and prohibition against class
arbitration is deemed to be invalid
or unenforceable for any reason, it
shall not invalidate the remaining
portions of this Arbitration
Agreement. If for any reason a
dispute proceeds in court rather
than in arbitration, you and Britax
each waive any right to a jury trial.