Arbitration Requirements. In the event that You are unable to resolve a Claim against American Express, or a Claim against the Bank and/or its affiliates, this section explains how Claims may be resolved through arbitration. You or American Express may elect to resolve any claim by individual, binding arbitration. Claims will be decided by a neutral arbitrator. i) If arbitration is chosen by any party, neither You nor Bank and/or its affiliates nor American Express will have the right to litigate that Claim in court or have a jury trial on that Claim. Further, You , Bank and/or its affiliates, and American Express will not have the right to participate in a representative capacity or as a member of any class pertaining or be a named party to a class-action with respect to any Claim for which any party elects arbitration. Arbitration procedures are generally simpler than the rules that apply in court, and discovery is more limited. The arbitrator’s decisions are as enforceable as any court order and are subject to very limited review by a court. Except as set forth below, the arbitrator’s decision will be final and binding. Any other rights You, Bank and/or its affiliates and American Express would have in court may also not be available in arbitration.
Appears in 2 contracts
Sources: Merchant Agreement, Merchant Agreement
Arbitration Requirements. In the event that You are unable to resolve a Claim against American Express, or a Claim against the Bank and/or its affiliates, this section explains how Claims may be resolved through arbitration. You or American Express may elect to resolve any claim by individual, binding arbitration. Claims will be decided by a neutral arbitrator.
i) If arbitration is chosen by any party, neither You nor Bank and/or its affiliates nor American Express will have the right to litigate that Claim in court or have a jury trial on that Claim. Further, You , Bank and/or its affiliates, and American Express will not have the right to participate in a representative capacity or as a member of any class pertaining or be a named party to a class-class- action with respect to any Claim for which any party elects arbitration. Arbitration procedures are generally simpler than the rules that apply in court, and discovery is more limited. The arbitrator’s decisions are as enforceable as any court order and are subject to very limited review by a court. Except as set forth below, the arbitrator’s decision will be final and binding. Any other rights You, Bank and/or its affiliates and American Express would have in court may also not be available in arbitration.
Appears in 1 contract
Sources: Merchant Agreement