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person or by telephone. The arbitration hearing will be conducted in
the county of your residence, within 30 miles of such county, or in such
place as shall be ordered by the arbitrator. Throughout the arbitration,
each party shall bear his, her or its own attorneys' fees and expenses,
including any witness and expert witness fees. The arbitrator shall
apply applicable substantive law consistent with the FAA, shall apply
statutes of limitation, and shall honor claims of privilege recognized
at law. The arbitrator shall decide, with or without a hearing, any
motion that is substantially similar to a motion to dismiss for failure
to state a claim or a motion for summary judgment. In conducting
the arbitration proceeding, the arbitrator shall not apply any federal
or state rules of civil procedure or evidence. The arbitrator shall not
consolidate the claims of multiple parties unless you and Britax agree
to do so. At the timely request of any party, the arbitrator shall provide
a written explanation for the award. The arbitrator's award may be
filed with any court having jurisdiction.
THIS ARBITRATION AGREEMENT DOES NOT ALLOW CLASS OR COLLECTIVE
ARBITRATIONS EVEN IF THE AAA RULES OR PROCEDURES WOULD.
IN
OTHER WORDS, YOU AND BRITAX EACH AGREE THAT ALL DISPUTES SHALL
BE ARBITRATED ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO
PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE FASHION. THE
ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR
OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT
NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL
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