Common use of Optional Arbitration Clause in Contracts

Optional Arbitration. If a dispute has not been resolved after mediation, or if Retailer and MBUSA have agreed in writing to waive mediation, Retailer may submit the dispute to arbitration in accordance with the procedures in the Retailer Dispute Resolution Guide. The award of the arbitration panel shall be binding on MBUSA but not on Retailer, and shall be non-appealable except as otherwise provided in the United States Arbitration Act. Retailer may pursue its remedy in a judicial, administrative or governmental proceeding if Retailer chooses not to be bound by the arbitration award. Judgment upon any award rendered by the arbitrator(s) may be entered and enforced in any court having jurisdiction.