The arbitration rules (or
applicable arbitration statute) must be determined and should be expressly stated.
The parties agree that any and all controversies, disputes or claims arising out of or under this Agreement, shall be exclusively governed and decided by binding arbitration under the Federal Arbitration Act in conformity with the Rules and Procedures as established by the American Arbitration Association, and the determination of the arbitrator shall be final and binding (except to the extent there exist grounds for vacation of an award under
applicable arbitration statutes).
Not exact matches
You agree that regardless of any
statute or law which establishes a different
statute of limitations, to the maximum extent permitted under
applicable law, any claim or cause of action (including any
arbitration) arising out of, related to or connected with the use of the Site or other online services, or these Terms of Service, our Privacy Policy, or other NBCUniversal Transactions or Relationships must be filed within one (1) year after such claim or cause of action arose or be forever barred.
26.1 Regardless of any
statute of limitations or law to the contrary, and to maximum extent permitted by
applicable law, any Dispute arising out of or related to the Services or this Agreement must be filed within six (6) months after the date in which the incident giving rise to the Dispute occurred; provided that, if the substantive law
applicable to the
arbitration prohibits the parties from agreeing to this limitations period, then the limitations period under the
applicable substantive law shall control.
All
statutes of limitations that would otherwise be
applicable shall apply to any
arbitration proceeding.
Except as expressly provided herein, any claim, dispute or controversy (whether based upon contract; tort, intentional or otherwise; constitution;
statute; common law; or equity and whether pre-existing, present or future), including initial claims, counter-claims, cross-claims and thirdparty claims, arising from or relating to (i) the Card; (ii) any service relating to the Card; (iii) the marketing of the Card; (iv) this Cardholder Agreement, including the validity, enforceability, interpretation, scope, or application of the Agreement and this
arbitration provision (except for the prohibition on class or other non-individual claims, which shall be for a court to decide); and (v) any other agreement or instrument relating to the Card or any such service («Claim») shall be decided, upon the election of you or the Bank (or Green Dot Corporation or the Bank's agents, employees, successors, representatives, affiliated companies, or assigns), by binding
arbitration pursuant to this
arbitration provision and the
applicable rules and procedures of the
arbitration administrator in effect at the time the Claim is filed.
It arises from the agreement of the parties, and any
applicable Rules or
arbitration statute.
That is obviously so, but one might have thought that in interpreting the wording of appeal provisions in both the lease and the
arbitration agreement, one should have regard to the fact that under the original lease and the arbitral
statute then
applicable, there were full rights of appeal.
Is a person bound to mediate before commencing an action or
arbitration if the contract or
applicable statute requires mediation?