ARBITRATION CLAUSE FOR CONTRACTS
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controversy or claim arising out of or relating to this
contract, or any breach thereof, shall be settled by
binding arbitration, and judgment upon the award may
be entered in any court having jurisdiction thereof
pursuant to the Federal Arbitration Act. The arbitrator
shall have the authority to grant all appropriate relief,
including but not limited to: compensatory, exemplary,
declaritory or injunctive.
arbitration shall be conducted before GAMS, or its successors,
using a sole arbitrator (assigned by GAMS from the GAMS
arbitrators panel) and, unless agreed in writing by
the parties within 10 days of the filing of a demand
for arbitration, be conducted in the city where the
contract was first executed. The arbitrator may make
an initial determination of the location of the arbitration,
and unless another location is mutually agreed by the
parties, in writing, said determination by the arbitrator
shall become final and binding 3 days after the arbitrators
arbitration shall be administered by GAMS, or its successors,
pursuant to its current arbitration rules and procedures.
In the arbitration the arbitrator shall not be bound
by the rules of evidence or legal precedent. All decisions
including those of law and fact are final and binding
upon the parties. There shall be no discovery in the
arbitration. Unless extended by the arbitrator, the
arbitration shall commence no later than 3 months after
the appointment of the arbitrator. Unless extended by
the arbitrator the hearing shall not continue past 5
days. The arbitrator may grant provisional remedies,
enforceable in any court of competent jurisdiction.
arbitrator shall, in the Award, allocate all of the
costs of the arbitration, including the fees of the
arbitrator and the reasonable attorneys’ fees of the
prevailing party, against the party who did not prevail.
The prevailing party shall be the party who, in the
sole discretion of the arbitrator, received the greater
relief in the entire arbitration.
party irrevocably consents to service by first class
mail for all process for matters arising from this agreement.
Any judicial determination of substantive arbitrability
shall be solely determined by the Superior Court in
Orange County California. All matters of procedural
arbitrability shall be decided by the arbitrator whose
decision shall be final and binding.
NOTICE: By signing in the space below you
are agreeing to have all disputes, claims or controversies
arising out of or relating to this Agreement decided
by neutral binding arbitration, and you are giving up
any rights you might possess to have those matters litigated
in a court or jury trial. By signing in the space below
you are giving up your judicial rights to discovery
and appeal except to the extent that they are specifically
provided for under this Agreement. If you refuse to
submit to arbitration after agreeing to this provision,
you may be compelled to arbitrate under federal or state
law. Your agreement to this arbitration provision is
have read and understand the foregoing and agree to
submission of all disputes, claims or controversies
arising out of or relating to this Agreement to binding
arbitration in accordance with this agreement.
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