Updated August 10th, 2016
Overview Arbitration is an alternative to litigation where a neutral party (the arbitrator) would hear and provided resolution to the parties’ dispute. The arbitration process is designed to serve both parties with a fair and impartial hearing that is easier and quicker than filing with the court. The following outlines our procedures (the “Arbitration Procedures”) and will be applicable to all arbitration proceedings involving you and baeList, LLC.
Pre-Arbitration Dispute Resolution baeList, LLC is always interested in reaching amicably resolution to legal disputes and believes doing so is most efficient for all. If you have a complaint to file for arbitration, we ask that you please contact us to resolve it without the need for arbitration. You may contact us at baeList, LLC, P.O. Box 91602, Austin, TX 78709.
Administrator The administrator for the arbitration is the American Arbitration Association (“AAA”), a non-profit organization that is not affiliated with baeList. The AAA facilitates, but does not itself conduct, the arbitration. The arbitrator who will hear and decide your dispute will 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.
Applicable Rules The arbitration will be governed by the AAA’s Commercial Arbitration Rules and its Consumer-Related Disputes Supplementary Procedures (together, the “AAA Rules”), as modified by these Arbitration Procedures. If there is any inconsistency between the AAA Rules and these Arbitration Procedures, the Arbitration Procedures will control. However, if the arbitrator determines that strict application of the Arbitration Procedures would not result in a fundamentally fair arbitration, the arbitrator may make any order necessary to provide a fundamentally fair arbitration that is consistent with the AAA Rules.
Commencing an Arbitration To commence an arbitration against baeList, LLC, you must complete a short form, submit it to the AAA, and send a copy to baeList, LLC, P.O. Box 91602, Austin, TX 78709. To learn more about arbitration procedures, goto the AAA’s claim filing page, www.adr.org/fileacase
Fees You are responsible for paying your portion of the fees set forth in the AAA’s fee schedule for consumer disputes. If you believe you cannot afford the AAA’s fee, you may apply to the AAA for a fee waiver
Selection of the Arbitrator The parties, will agree to using the AAA’s standard procedures, for selection of a neutral arbitrator
Discovery Each party in the dispute may request relevant, non-privileged documents from the other party; and request that the other party provide the particulars of its claims or defense. Any such discovery requests must be served on to the other party within 10 business days after the arbitrator’s appointment. The responding party shall provide the requesting party with all requested, non-privileged documents, the requested particulars, and/or any objections to the requests within 15 business days after receipt of the initial requests. Any dispute arising from the discovery or requests for extensions shall be submitted to the arbitrator for 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
Communicating with the Arbitrator Whenever communicating with the arbitrator, 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, conferences with the arbitrator will take place by telephone conference call or email. Ex parte communications are not permitted with any arbitrator
Confidentiality 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
Arbitration Award The arbitrator will render a written decision within 14 business days after the hearing or, if no hearing was held, within 30 days after any rebuttal or supplemental statements are due. The decision will clearly specify the relief, if any, awarded and contain a brief statement of the reasons used to determine the amount of the award.