Humans And Animals Inc. Arbitration Agreement
1. By execution of this document, you hereby agree that any dispute, controversy or claim arising out of or relating in any way to this agreement including without limitation any dispute concerning the construction, validity, interpretation, enforceability or breach of this agreement, shall be exclusively resolved by binding arbitration upon a Party’s submission of the dispute to arbitration. In the event of a dispute, controversy or claim arising out of or relating in any way to this agreement, the complaining Party shall notify Humans And Animals United, Inc. in writing thereof. Within thirty (30) days of such notice, both Parties shall attempt to resolve the dispute in good faith. Should the dispute not be resolved within thirty (30) days after such notice, the complaining Party shall seek remedies out of court exclusively through arbitration. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after thirty (30) days from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach.
2. This agreement to arbitrate shall be specifically enforceable. A Party may apply to any court with jurisdiction for interim or conservatory relief, including without limitation a proceeding to compel arbitration.
3. If the Parties are not able to agree upon the selection of an arbitrator, within five (5) business days of commencement of an arbitration proceeding by service of a demand for arbitration, the arbitrator shall be selected by the American Arbitration Association or a state/federal court judge in the state of Florida shall select the arbitrator in accordance with the terms of this agreement. For three arbitrators, each party shall select an arbitrator within five (5) business days of commencement of the arbitration who shall serve as a neutral arbitrator and the two designated arbitrators shall select a third neutral arbitrator within five (5) business days of their selection of the parties cannot agree on a third arbitrator. If the two arbitrators cannot agree on selection of a third arbitrator within five (5) business days of their appointment, American Arbitration Association or a state/federal court judge in the State of Florida shall select such arbitrator in accordance with the terms of this agreement.
4. The arbitrator(s) shall have five (5) years of experience in arbitration in the State of Florida, and also shall have served as an arbitrator at least three (3) times prior to their service as an arbitrator in this arbitration.
5. The arbitration shall be conducted in accordance with the commercial rules of the American Arbitration Association.
6. The arbitration shall be conducted in Hernando County, Florida, USA.
7. The laws of the State of Florida shall be applied in any arbitration proceedings, without regard to principles of conflict of laws.
8. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within ninety (90) business days from the date the arbitrator(s) are appointed. The arbitrator(s) may extend this time limit in the interests of justice. Failure to adhere to this time limit shall not constitute a basis for challenging the award.
9. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all parties.
10. The Parties shall not be entitled to discovery in the arbitration, except that any Party shall be entitled to request no more than one thousand (1000) pages of documents and to take three (3) depositions not to exceed eight (8) hours for each such deposition. Any Party shall be entitled to depose any expert who will testify in the arbitration proceeding but shall pay the regular hourly rate of such expert during such deposition. In addition to the foregoing, any Party shall be entitled to take the deposition of a witness who will testify at the arbitration but who is unavailable to testify at the hearing to preserve such witness’ testimony for the arbitration hearing.
11. The Parties shall exchange a copy of all exhibits for the arbitration hearing and shall identify each witness who will testify at the arbitration, with a summary of the anticipated testimony of such witness ten (10) business days before the arbitration hearing.
12. The arbitrator(s) shall have no authority to award punitive, consequential, special, indirect damages. The arbitrators shall not be entitled to issue injunctive and/or any other equitable relief.
13. The cost of the arbitration proceeding and any proceeding in court to confirm or to vacate any arbitration award, as applicable, including, without limitation, reasonable attorneys’ fees and costs, shall be borne by the unsuccessful party, as determined by the arbitrators, and shall be awarded as part of the arbitrator’s award. The parties agree that the arbitrator shall have authority to grant injunctive or other forms of equitable relief to any party. This Section shall survive the termination or cancellation of this Agreement.
14. Each party shall pay its own proportionate share of legal, attorney, representation and/or arbitrator fees and expenses, in addition to fees and expenses of the arbitrator it designated (if there are three arbitrators) and the arbitration fees and expenses of the American Arbitration Association. The arbitrator(s) shall be entitled to award the foregoing arbitration and administrative fees and expenses as damages in his/her discretion.