more about the rules and how to
begin an arbitration, you may call
any AAA office or go to www.adr.org.
If you demand arbitration, then at
your request Britax will advance your
portion of the expenses associated
with the arbitration, including the
filing, administrative, hearing and
arbitrator's fees ("Arbitration Fees")
to the extent such Arbitration Fees
exceed $200.
arbitration, then at your request
Britax will advance your portion of the
Arbitration Fees. For claims of $10,000
or less, you can choose whether you
would like the arbitration carried out
based only on documents submitted
to the arbitrator or by a hearing
in person or by telephone.
arbitration hearing will be conducted
in the county of your residence,
within 30 miles of such county, or
in such place as shall be ordered
by the arbitrator.
arbitration, each party shall bear
his, her or its own attorneys' fees and
expenses, including any witness and
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
If Britax demands
Throughout the
proceeding,
AGREEMENT
CLASS
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
OR GENERAL INJUNCTIVE RELIEF
THEORIES OF LIABILITY OR PRAYERS
FOR RELIEF MAY BE MAINTAINED
The
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
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.
the
OR
NECESSARY
ATTORNEY
GENERAL
THE
TO
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