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ATES OR OTHER REPRESENTATIVES, WHETHER SOUNDING IN
CONTRACT, STATUTE, OR TORT, INCLUDING FRAUD, MISREPRE-
SENTATION, FRAUDULENT INDUCEMENT, OR ANY OTHER LEGAL
OR EQUITABLE THEORY AND REGARDLESS OF THE DATE OF
ACCRUAL OF SUCH CLAIM, CONTROVERSY OR DISPUTE SHALL BE
RESOLVED BY FINAL AND BINDING ARBITRATION AS PRESCRIBED
IN THIS SECTION. THE FEDERAL ARBITRATION ACT, NOT STATE
LAW, GOVERNS THE QUESTION OF WHETHER A CLAIM IS SUBJECT
TO ARBITRATION. HOWEVER, NOTHING CONTAINED IN THIS
ARBITRATION PROVISION SHALL PRECLUDE THE CUSTOMER
FROM RESOLVING ANY CLAIM, CONTROVERSY OR DISPUTE IN
SMALL CLAIMS COURT HE OR SHE OTHERWISE WOULD HAVE THE
RIGHT TO PURSUE.
A single arbitrator engaged in the practice of law will conduct the
arbitration. The arbitrator will be selected according to the rules of
CPR or, alternatively, may be selected by agreement of the parties,
who shall cooperate in good faith to select the arbitrator. The
arbitration will be conducted by, and under the then-applicable rules
of the CPR Institute for Dispute Resolution. All expedited procedures
prescribed by the applicable rules will apply. Any required hearing
fees and costs shall be paid by the parties as required by the
applicable rules or as required by applicable law, but the arbitrator
shall have the power to apportion such costs as the arbitrator deems
appropriate.
The arbitrator's decision and award will be final and binding (subject
to the appeal clause below), and judgment on the award rendered by
the arbitrator may be entered in any court with jurisdiction.
An appeal may be taken under the CPR Arbitration Appeal Procedure
from any final award of any arbitral panel in any arbitration arising
out of or related to this agreement that is conducted in accordance
with the requirements of such Appeal Procedure. Unless otherwise
agreed by the parties and the appeal tribunal, the appeal shall be
conducted at the place of the original arbitration.
If any party files a judicial or administrative action asserting a claim
that is subject to arbitration and another party successfully stays such
action or compels arbitration, the party filing that action must pay
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