Common use of Starting an Arbitration Clause in Contracts

Starting an Arbitration. Arbitration is started by giving the other party written notice of the intent to arbitrate the Claim. This notice may be given before or after a lawsuit has been filed and may be given by papers filed in the lawsuit, such as a motion to compel arbitration. The AAA has specific rules for starting an arbitration. Regardless of who elected arbitration or how it was elected, the party asserting the Claim (i.e., the party seeking money damages or other relief from a court or an arbitrator) is responsible for starting the arbitration proceeding. Thus, if you assert a Claim against us in court, and we elect to arbitrate that Claim by filing a motion to compel arbitration which is granted by the court, you will be responsible for starting the arbitration proceeding. Even if all parties have opted to litigate a Claim in court, you or we may elect arbitration with respect to any Claim made by a new party or any Claim later asserted by a party in that or any related or unrelated lawsuit (including a Claim initially asserted on an individual basis but modified to be asserted on a class, representative or multi-party basis). Nothing in that litigation shall constitute a waiver of any rights under this Arbitration Agreement.