Common use of How Arbitration Proceedings Are Conducted Clause in Contracts

How Arbitration Proceedings Are Conducted. Except as provided herein, the Parties will conduct the arbitration according to the rules stated in California Code of Civil Procedure sections 1281-1287, et seq. In arbitration, the parties will have the right to conduct adequate civil discovery, bring dispositive motions, and present witnesses and evidence as needed to present their cases and defenses, and any disputes in this regard shall be resolved by the arbitrator. Should a non-party witness refuse to comply with a subpoena issued by the arbitrator and the arbitrator is unable to enforce compliance with the subpoena, the Parties agree to submit the subpoena to a court of competent jurisdiction for enforcement of the subpoena. Employee and the Company agree to bring any dispute in arbitration on an individual basis only, and not on a class or collective action basis. Accordingly, there will be no right or authority for any dispute to be brought, heard or arbitrated as a class or collective action (“Class and Collective Action Waiver”). Notwithstanding any other clause contained in this Agreement, the Class and Collective Action Waiver shall not be severable from this Agreement in any case in which: (1) the dispute is filed as a class or collective action and (2) a civil court of competent jurisdiction finds the Class and Collective Action Waiver is unenforceable. In such instances, the class or collective action must be litigated in a civil court of competent jurisdiction. Notwithstanding any other clause contained in this Agreement, any claim that all or part of the Class and Collective Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The Class and Collective Action Waiver, and any other provision of this Agreement, shall be severable in any case in which the dispute is filed as an individual action and severance is necessary to ensure that the individual action proceeds in arbitration. Although Employee will not be retaliated against, disciplined or threatened with discipline for exercising rights under Section 7 of the National Labor Relations Act by the filing of or participation in a class or collective action, the Company may lawfully seek enforcement of this Agreement, including the Class and Collective Action Waiver under the Federal Arbitration Act, and may seek dismissal of any such class or collective action.

How Arbitration Proceedings Are Conducted. Except as provided herein, the Parties will conduct the arbitration according to the rules stated in California Code of Civil Procedure sections 1281-1287, et seq. In arbitration, the parties will have the right to conduct adequate civil discovery, bring dispositive motions, and present witnesses and evidence as needed to present their cases and defenses, and any disputes in this regard shall be resolved by the arbitratorArbitrator. Should a non-party witness refuse to comply with a subpoena issued by the arbitrator and the arbitrator is unable to enforce compliance with the subpoena, the Parties agree to submit the subpoena to a court of competent jurisdiction for enforcement of the subpoena. Employee You and the Company agree to bring resolve any dispute that is in arbitration and subject to this Arbitration Provision on an individual basis only, and not on a class class, collective action, or collective action basis. Accordingly, there will be no right or authority for any dispute to be brought, heard or arbitrated as a class or collective action representative basis (“Class and Collective Action Waiver”). The Arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. The Arbitrator shall have no authority to consider or resolve any claim or issue any relief on a class, collective, or representative basis. The term “representative” in this paragraph includes all representative actions that are subject to this Arbitration Provision, except for claims or actions under the Private Attorneys General Act of 2004, California Labor Code § 2698 et seq. (“PAGA”). Your ability to assert, participate in, or obtain recovery for PAGA claims or actions is addressed separately below in the subsection entitled “Private Attorneys General Act.” Notwithstanding any other clause contained in provision of this Arbitration Provision, the Agreement, or the JAMS Streamlined Arbitration Rules & Procedures, disputes regarding the enforceability, revocability or validity of the Class and Collective Action Waiver shall may be resolved only by a civil court of competent jurisdiction and not be severable from this Agreement in by an arbitrator. In any case in which: which (1) the dispute is filed as a class class, collective, or collective representative action and (2) there is a civil court final judicial determination that all or part of competent jurisdiction finds the Class and Collective Action Waiver is unenforceable. In such instances, the class or collective class, collective, and/or representative action to that extent must be litigated in a civil court of competent jurisdiction. Notwithstanding any other clause contained in this Agreement, any claim that all or part but the portion of the Class and Collective Action Waiver that is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The Class and Collective Action Waiver, and any other provision of this Agreement, enforceable shall be severable in any case in which the dispute is filed as an individual action and severance is necessary to ensure that the individual action proceeds enforced in arbitration. Although Employee While the Company will not be retaliated against, disciplined or threatened with discipline for exercising take any retaliatory action in response to any exercise of rights you may have under Section 7 of the National Labor Relations Act by the filing of or participation in a class or collective actionAct, if any, the Company may lawfully seek enforcement of this Agreement, including the Class and Collective Action Waiver shall not be precluded from moving to enforce its rights under the Federal FAA to compel arbitration on the terms and conditions set forth in this Arbitration Act, and may seek dismissal of any such class or collective actionProvision.