Pre-Dispute Arbitration Agreement. This Agreement contains a pre-dispute arbitration clause. By signing an arbitration agreement the parties agree as follows: • All parties to this Agreement are giving up the right to xxx each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a claim is filed. • Arbitration awards are generally final and binding; a party’s ability to have a court reverse or modify an arbitration award is very limited. • The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings. • The arbitrators do not have to explain the reason(s) for their award unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel at least 20 days prior to the first scheduled hearing date. • The panel of arbitrators may include a minority of arbitrators who were or are affiliated with the securities industry. • The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court. • The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this Agreement. You agree that all disputes between us arising in connection with Folio’s business activities or associated persons must be arbitrated under FINRA’s Code of Arbitration Procedure. You understand that we must use arbitration to decide and settle all controversies arising between us about any issue related to your account or this customer agreement. Any judgment resulting from arbitration may be entered in any court of competent jurisdiction. No person shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action; or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: • The class certification is denied; or • The class is decertified; or • The customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Agreement except to the extent stated herein. Exhibit 1 - Terms and Conditions of the Insured Bank Deposit and Free Credit Sweep Program Every ...
Pre-Dispute Arbitration Agreement. This agreement contains a pre-dispute arbitration clause. By signing an arbitration agreement, the parties agree as follows:
Pre-Dispute Arbitration Agreement. This agreement and the customer information brochure contain a pre-dispute arbitration clause. By signing an arbitration agreement, the parties agree that: • ALL PARTIES TO THIS AGREEMENT ARE GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT, INCLUDING THE RIGHT TO A TRIAL BY JURY, EXCEPT AS PROVIDED BY THE RULES OF THE ARBITRATION FORUM IN WHICH A CLAIM IS FILED. • ARBITRATION AWARDS ARE GENERALLY FINAL AND BINDING; A PARTY’S ABILITY TO HAVE A COURT REVERSE OR MODIFY AN ARBITRATION AWARD IS VERY LIMITED. • THE ABILITY OF THE PARTIES TO OBTAIN DOCUMENTS, WITNESS STATEMENTS AND OTHER DISCOVERY IS GENERALLY MORE LIMITED IN ARBITRATION THAN IN COURT PROCEEDINGS. • THE ARBITRATORS DO NOT HAVE TO EXPLAIN THE REASON(S) FOR THEIR AWARD UNLESS, IN AN ELIGIBLE CASE, A JOINT REQUEST FOR AN EXPLAINED DECISION HAS BEEN SUBMITTED BY ALL PARTIES TO THE PANEL AT LEAST 20 DAYS PRIOR TO THE FIRSTSCHEDULED HEARING DATE. • THE PANEL OF ARBITRATORS MAY INCLUDE A MINORITY OF ARBITRATORS WHO WERE OR ARE AFFILIATED WITH THESECURITIES INDUSTRY. • THE RULES OF SOME ARBITRATION FORUMS MAY IMPOSE TIME LIMITS FOR BRINGING A CLAIM IN ARBITRATION. IN SOME CASES, A CLAIM THAT IS INELIGIBLE FOR ARBITRATION MAY BE BROUGHT IN COURT. • THE RULES OF THE ARBITRATION FORUM IN WHICH THE CLAIM IS FILED, AND ANY AMENDMENTS THERETO, SHALL BE INCORPORATED INTO THIS AGREEMENT. IT IS AGREED THAT ANY CONTROVERSY BETWEEN CLIENT AND CAPE INVESTMENT ADVISORY, INC. ARISING OUT OF THE BUSINESS OF CAPE INVESTMENT ADVISORY, INC., OR THIS AGREEMENT, EXCEPT FOR THOSE DISPUTES BETWEEN THE PARTIES ARISING UNDER THE FEDERAL SECURITIES LAWS WHICH ARE OR ARE HELD TO BE NON-ARBITRATABLE AS A MATTER OF LAW, SHALL BE SUBMITTED TO ARBITRATION CONDUCTED UNDER THE CODE OF ARBITRATION PROCEDURES, THEN APPLYING, OF THE AMERICAN ARBITRATION ASSOCIATION. ARBITRATION PROCEEDINGS MUST BE COMMENCED BY SERVICE UPON THE OTHER PARTY OF A WRITTEN DEMAND FOR ARBITRATION OR A WRITTEN NOTICE OF INTENTION TO ARBITRATE. THE AWARD OF THE ARBITRATORS, OR A MAJORITY OF THEM, SHALL BE FINAL AND JUDGEMENT MAY BE ENTERED THEREON. ANY JUDICIAL PRODDEDINGS RELATED TO THE ARBITRATION OR TO THIS AGREEMENT SHALL BE CONDUCTED IN A STATE OR FEDERAL COURT IN HENRY COUNTY, GEORGIA, AND I AGREE (A) TO SUBMIT TO THE JURISDICTION OF ANY SUCH COURT, (B) THAT ANY SUCH COURT CONSTITUTES A CONVENIENT FORUM, AND (C) THAT PROCESS MAY BE SERVED BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED AT MY LAST ADDRESS KNOWN TO CAPE INVESTMENT ADVISORY, INC. AS USED IN THIS PA...
Pre-Dispute Arbitration Agreement. (a) This agreement contains a pre-dispute arbitration clause. By signing this Agreement, the parties agree as follows:
Pre-Dispute Arbitration Agreement. I understand and acknowledge that:
Pre-Dispute Arbitration Agreement. This Customer Agreement contains a pre-dispute arbitration clause. Under this clause, which becomes binding on all parties when you sign the Application, you, we, and our Clearing Firm agree as follows:
Pre-Dispute Arbitration Agreement. 9.1 This Agreement contains a pre-dispute arbitration provision. For the purpose of this provision, “Party” or “Parties” means you and us, together with our affiliates, collectively. By tapping "I agree" on the bottom of the screen on the Public Platform on which a link to this Agreement is provided, you agree to this Agreement and the Parties agree as follows. ● All of the Parties to this Agreement are giving up the right to sue each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which the claim is filed. ● Arbitration awards are generally final and binding; a Party’s ability to reverse or modify an arbitration award is very limited. ● The ability of the Parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings. ● The arbitrators do not have to explain the reason(s) for their award unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel at least 20 days prior to the first scheduled hearing date. ● The panel of arbitrators typically will include a minority of arbitrators who were or are affiliated with the securities industry. ● The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. ● In some cases, a claim that is ineligible for arbitration may be brought in court. The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this Agreement.
Pre-Dispute Arbitration Agreement. Any controversy or dispute that may arise between Client and Advisor concerning the Account, any transaction in or for the Account, or the construction, performance or breach of this Agreement shall be settled by arbitration. Any arbitration shall be pursuant to the rules, then applying, of the American Arbitration Association, except to the extent set forth herein. The arbitration panel shall consist of at least three individuals, with at least one panelist having knowledge of investment advisory activities. The parties agree that any arbitration proceeding pursuant to this provision shall be held in allocation as determined by the rules of the American Arbitration Association, and judgment upon the award rendered may be entered in any court, state or federal, having jurisdiction. a. Arbitration is final and binding on all parties.
Pre-Dispute Arbitration Agreement. Any controversy or dispute that may arise between Client and Redhawk, or Client and Program Manager, concerning the Cash Balance Plan Account, any transaction in or for the Cash Balance Plan Account, or the construction, performance or breach of this Agreement shall be settled by arbitration. Any arbitration shall be pursuant to the rules, then applying, of the American Arbitration Association, except to the extent set forth herein. The arbitra- tion panel shall consist of at least three individuals, with at least one panelist having knowledge of investment advisory activities. The parties agree that any arbitration proceeding pursuant to this provision shall be held in a location as determined by the rules of the American Arbitration Associ- ation, and judgment upon the award rendered may be entered into in any court, state or federal, having jurisdiction.
Pre-Dispute Arbitration Agreement. Any controversy or dispute that may arise between Client and Advisor, concerning the Account, any transaction in or for the Account, or the construction, performance or breach of this Investment Management Agreement and Appoint- ment of Sub-Advisor Agreement shall be resolved in accordance with the terms of the Binding Arbitration Clause of the Agreement of Ac- count Holder(s) separately executed between Client and Advisor the terms of which are incorporated within and made a part of this In- vestment Management Agreement and Appointment of Sub-Advisor Agreement.
