Clauses > Arbitration

Standard Arbitration 

  1. Arbitration
    1. Informal Dispute Resolution. The parties shall cooperate to attempt to informally resolve any dispute arising out of this agreement before submitting the dispute to arbitration.
    2. Arbitration Proceedings. Subject to the exceptions in the section, if the parties cannot resolve the dispute informally, the parties shall resolve any dispute [arising out of this agreement], except for disputes involving claims for injunctive or other equitable relief, by binding arbitration by
      1. the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, or
      2. a panel of three arbitrators, one appointed by each party, and the third appointed by the first two arbitrators.
    3. Failure to Appoint Arbitrators. The parties shall request the AAA to appoint one or more of the arbitrators, as applicable, if
      1. within [20] Business Days of either party requesting arbitration, the other party fails to appoint an arbitrator, or
      2. within [20] Business Days of the appointment of the second arbitrator, the first two arbitrators cannot agree on the appointment of a third arbitrator.
    4. Arbitration Location. The parties shall submit their dispute to arbitration in the county in which [PARTY B] resides, unless the parties agree otherwise in writing.
    5. Arbitration Fees
      1. [PARTY A] Pays Reasonable Fees. [PARTY A] shall pay [PARTY B]'s reasonable filing, administrative, and arbitrator fees, up to $75,000, and only if [PARTY B]'s claim in non-frivolous according to[ the standards listed in Federal Rule of Civil Procedure 11(b).]
      2. Mutually Responsible for AdditionalFees. After the $75,000 [PARTY A] is obligated to pay under paragraph [PARTY A PAYS REASONABLE FEES], each party shall be [responsible for paying any AAA filing, administrative, and arbitrator fees, according to AAA rules.]
    6. Arbitration Award
      1. Included in the Award. The arbitration award will include costs of arbitration, reasonable attorneys' fees, and reasonable costs for expert and other witnesses.
      2. Entered in Any Competent Court. Any judgment on the award the arbitrator renders may be entered in any court of competent jurisdiction.
    7. Injunctive Relief. Notwithstanding anything in this section, either party may seek injunctive or other equitable relief from the courts for matters related to the confidentiality and non-disclosure obligations under sections [CONFIDENTIALITY OBLIGATIONS] and [NON-DISCLOSURE OF AGREEMENT] of this Agreement.
    8. Class Actions. The parties' shall bring any claims in their individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

Party weight: Neutral