Understanding the arbitration program better.
1) You as a shipper can require California New York Express moving to participate in an arbitration procedure, we as the carrier cannot require your participation in this procedure.
2) The arbitrator’s decision will be final and binding for claims of $5,000 or less, if the individual shipper requests arbitration. The arbitrator’s decision will be final and binding for claims of more than $5,000, if the individual shipper requests arbitration and the carrier agrees to it.
3) The arbitrator must render a decision within 60 days of receipt of written notification of the dispute, and a decision by an arbitrator may include any remedies appropriate under the circumstances. The arbitrator may extend the 60-day period for a reasonable period if you or us fail to provide, in a timely manner, any information the arbitrator reasonably requires resolving the dispute.
4) Shipper will pay one-half of the total cost for instituting the arbitration. Each party shall bear their own expense of arbitration and that party’s attorneys’, experts’ and witness fees, regardless of which party prevails in the arbitration, In the arbitrator's decision, the arbitrator may determine which party must pay the cost or a portion of the cost of the arbitration proceeding, applicable.
5) Legal effects of election to use arbitration. (a) This arbitration agreement provides that upon your or our election, BINDING ARBITRATION will resolve all disputes between you and us. If arbitration is elected by you or us, you will be GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under the Contract. (b) Your rights will be determined by a NEUTRAL ARBITRATOR OR ARBITRATORS AND NOT by a JUDGE OR JURY. YOU WILL BE WAIVING YOUR RIGHTS TO A JURY TRIAL. (c) You are entitled to a FAIR HEARING, but the arbitration procedures are simpler and more limited than rules applicable in court. (d) Arbitrator decisions are enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
Arbitration agreement for your review:
"Us/We/Our" means California New York Express, its parent, and all subsidiaries, affiliates, predecessors and successors, and all of their officers, directors and employees. "You/Your" means: The Customer
This Arbitration program sets forth the circumstances and procedures under which Claims (as defined below) may be arbitrated instead of litigated in court.
(1) Definition of "Claim" Covered by Arbitration and Exclusions, and "Us/We/Our".
As used in this Arbitration Agreement, the term “Claim” means any claim, dispute or controversy between you and us. “Claim” includes:
The term "Claim" includes claims of every kind and nature, including but not limited to, initial claims, counterclaims, cross-claims and third party claims and claims based upon contract, tort (including unintentional torts, like fraud), constitution, statute, regulation, common law and equity (including any claims for injunctive or declaratory relief). “Claim” is to be given broadest possible meaning and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to:
Even if all the parties have elected to litigate a Claim in court, you or we may elect arbitration with respect to any Claim made by a new party or any new Claims asserted in that lawsuit, and nothing in that litigation shall constitute a waiver of any rights under this Arbitration Agreement.
This Arbitration Agreement will apply to all other Claims, even if the facts and circumstances giving rise to the Claims existed before the effective date of this Arbitration Agreement. This Arbitration Agreement will become effective on the date you sign it.
We will not invoke our right to arbitrate an individual claim you bring in small claims court or your state’s equivalent court, if any. We reserve our right to elect arbitration if a claim is transferred or appealed.
(1) Selection of arbitration Administrator and Location of Hearing.
Any Claim shall be resolved, upon the election of you or us, by arbitration pursuant to this Arbitration Agreement and the applicable rules of the American Arbitration Association (“AAA”); the AAA will also conduct administration, in effect at the time the Claim is filed. The rules of an arbitration administrator may change from time to time. The arbitration hearing shall take place in a location agreed upon both sides.
(2) No Class Action.
There shall be no right or authority for any Claims to be arbitrated on a class action or class-wide basis or for you to act in a private attorney general or similar capacity. To the extent you have the right to act in a private attorney general or similar capacity, YOU WAIVE THAT RIGHT. Arbitration can only decide your or our Claims, and neither of us may consolidate claims of another person or persons who may have similar claims.
(3) Assignment of costs.
Shipper will pay one-half of the total cost for instituting the arbitration. Each party shall bear their own expense of arbitration and that party’s attorneys’, experts’ and witness fees, regardless of which party prevails in the arbitration, In the arbitrator's decision, the arbitrator may determine which party must pay the cost or a portion of the cost of the arbitration proceeding, applicable. The AAA's Supplementary Procedures for Consumer-Related Disputes and applicable fee schedule will apply to all claims under $75,000.
(4) Applicable Law, Award of Arbitrator and Right to Appeal.
This Arbitration Agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. Sections 1 et. Seq. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations, shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the award. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Otherwise, the award shall be kept confidential. The arbitrator’s decision will be final and binding for claims of $5,000 or less, if the individual shipper requests arbitration. The arbitrator’s decision will be final and binding for claims of more than $5,000, if the individual shipper requests arbitration and the carrier agree to it.
This Arbitration Agreement shall survive repayment of all amounts owed under the Contract or any Prior Agreement with us, any legal proceeding by us collect a debt owed by you to us, any bankruptcy by you and any sale by us of your Contract or any Prior Agreement. If any portion of this Arbitration Agreement is deemed invalid or unenforceable under any law of statute consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Agreement, the Contract or any Prior Agreement, each of which shall be enforceable regardless of such validity. This Arbitration Agreement is incorporated by reference into, and shall be made a part of, the Contract. In the event of a conflict or inconsistency between the rules of the arbitration administrator and this Arbitration Agreement, this Arbitration Agreement shall govern.
CONTACTING ARBITRATION ADMINISTRATORS
If you have a question about the arbitration administrators mentioned in this Arbitration Agreement or if you would like to obtain a copy of their arbitration rules or fee schedules, you can contact them as follows:
American Arbitration Association
Arbitration Rules for the Resolution of Consumer-Related Disputes (applicable to Requests for arbitration filed by a consumer involving a claim under $10,000), Commercial Arbitration Rules (for all other claims).