Arbitration, a form of alternative dispute resolution (ADR), is a way to resolve disputes outside the courts. The dispute will be decided by one or more persons (the “arbitrators”, “arbiters” or “arbitral tribunal”), which renders the ” arbitral award”. An arbitral award is legally binding on both sides and enforceable in the courts. Arbitration proceedings are designed to provide parties with a fair hearing in a manner that is faster and less formal than litigation. The following procedures (the “Arbitration Procedures”) are applicable to all arbitration proceedings involving you and ManilaConnection LLC (the Company).
2. PRE-ARBITRATION DISPUTE RESOLUTION.
ManilaConnection LLC (the “Company”) is always interested in resolving disputes amicably and efficiently, without the need for expensive and time-consuming litigation. So before you commence any form of formal dispute resolution, including arbitration, we suggest that you contact us directly to explain your complaint, as we will always try, and may be able to, resolve it without the need for formal proceedings. You may contact us online or at MODJES Legal, 3276 Northside Pkwy, NW, #1114, Atlanta, GA 30327.
The administrator for the arbitration, should the need arise, is the American Arbitration Association (“AAA”), a non-profit organization that is not affiliated with the Company. The AAA facilitates, but does not itself, conduct the arbitration. The arbitrator who will hear and decide your dispute shall be chosen from the AAA’s roster of neutral arbitrators. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA’s rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration.
4. ARBITRATION RULES.
5. COMMENCING AN ARBITRATION.
To initiate an arbitration proceeding against Manila Connection LLC, you must complete a short form, submit it to the AAA, and send a copy to MODJES Legal, 3276 Northside Pkwy, NW, #1114, Atlanta, GA 30327. To learn more about commencing an arbitration proceeding and to obtain a form to institute arbitration, see the AAA’s claim filing page, http://www.adr.org/fileacase, and its guide on Representing Yourself in Arbitration, http://info.adr.org/prose/. If you so choose, you may represent yourself in the arbitration proceeding or have a lawyer (or some other representative) act on your behalf. Upon receipt of an arbitration claim against the Company, ManilaConnection LLC may assert any counterclaims it may have against the complaining party.
Should you choose to institute an arbitration proceeding against Manila Connection LLC, you are responsible for paying your portion of the fees set forth in the AAA’s fee schedule for consumer disputes. Manila Connection LLC will pay all remaining fees. If your claim against Manila Connection LLC is for less than $1,000, we will pay all fees. If you believe you cannot afford the AAA’s fee, you may apply to the AAA for a fee waiver.
7. SELECTION OF THE ARBITRATOR.
The parties, using the AAA’s standard procedures, shall select a single arbitrator from a roster of neutrals prepared and selected by the AAA.
In arbitration, each party may (a) request relevant, non-privileged documents from the other party; and (b) request that the other party provides the particulars of its claims or defenses against the other party. Any such discovery requests must be served on the other party within 10 days after the arbitrator’s appointment. The responding party shall provide the requesting party with all responsive, non-privileged documents, the requested particulars, and/or any objections to the requests within 15 days after receipt of the requests. Any disputes about discovery or requests for extensions shall be submitted immediately to the arbitrator for prompt resolution. In ruling on any discovery dispute or extension request, the arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort what would be involved in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defense.
9. COMMUNICATIONS WITH THE ARBITRATOR.
Whenever communicating with the arbitrator, at any time or for any occasion, the parties must include each other – for example, by including the other party on a telephone conference call and copying the other party on any written submissions, such as letters or emails. To the extent practicable and reasonable, conferences with the arbitrator will take place by telephone conference call or email. Ex parte communications are not permitted with any arbitrator at any time or for any reason.
Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted filing of confidential information must be done under seal.
11. ARBITRATION AWARD.
The arbitrator will render a written decision within 14 days after the hearing or, if no hearing was held, within 30 days after any rebuttal or supplemental statements are due. The decision must clearly specify the relief, if any, awarded and contain a brief statement of the reasons for the award.