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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 the
other party's costs and expenses incurred in seeking such stay or
compelling arbitration, including attorney's fees.
Notices. You may get our current address for written notice by calling
Sprint Customer Service. Written notice to you is sent to your last
known address in our invoicing records. Written notice is effective
three days after deposit in the U.S. mail, postage prepaid, and properly
addressed. Unless required by this Agreement or Applicable Laws, (1)
you may notify us by calling Sprint Customer Service, and (2) we may
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