Common use of Arbitration Terms Clause in Contracts

Arbitration Terms. You agree that any dispute or claim arising out of or relating to the Modem or this Agreement (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration. (a) Arbitration Procedures. Before commencing arbitration you must first present any claim or dispute to Qwest in writing to allow Qwest the opportunity to resolve the dispute. If the claim or dispute is not resolved within 60 days, you may request arbitration. The arbitration will be conducted in accordance with the Judicial Arbitration and Mediation Services (“JAMS”) Comprehensive Arbitration Rules. The Federal Arbitration Act, 9 U.S.C. Sections 1-16, not state law, will govern the arbitration of the dispute. New York state law, without regard to choice of law principles, will otherwise govern and apply to any and all claims or disputes. All arbitration proceedings and hearings will take place in Denver, Colorado. Arbitration is final and binding. Under the JAMS Rules, there may be no right to pre- arbitration discovery. Any arbitration will be confidential, and neither you nor Qwest may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. The arbitration award will be in writing, but is not required to include factual findings or legal reasoning. Judgment on any arbitration award may be entered in any court having jurisdiction. Each party will pay its own expenses of the arbitration, including attorney fees, except as provided below.

Appears in 1 contract

Sources: Modem Rental Agreement

Arbitration Terms. You agree that any dispute or claim arising out of or relating to the Modem or this Agreement (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration. (a) Arbitration Procedures. Before commencing arbitration you must first present any claim or dispute to Qwest in writing to allow Qwest the opportunity to resolve the dispute. If the claim or dispute is not resolved within 60 days, you may request arbitration. The arbitration will shall be conducted in accordance with the Judicial Arbitration and Mediation Services (“JAMS”) Comprehensive Arbitration Rules. The Federal Arbitration Act, 9 U.S.C. Sections 1-16, not state law, will shall govern the arbitration of the dispute. New York state law, without regard to choice of law principles, will shall otherwise govern and apply to any and all claims or disputes. All arbitration proceedings and hearings will shall take place in Denver, Colorado. Arbitration is final and binding. Under the JAMS Rules, there may be no right to pre- arbitration discovery. Any arbitration will shall be confidential, and neither you nor Qwest may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. The arbitration award will shall be in writing, but is not required to include factual findings or legal reasoning. Judgment on any arbitration award may be entered in any court having jurisdiction. Each party will shall pay its own expenses of the arbitration, including attorney fees, except as provided below.

Appears in 1 contract

Sources: Modem Rental Agreement