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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 PCS Customer Solutions.
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 PCS
Customer Solutions, and (2) we may notify you by leaving a message for you on your PCS Phone,
answering machine or with your answering service. Notice addresses may be changed by giving
notice as provided in this section.
Choice of Law; Jurisdiction. This Agreement is governed by and must be construed under
federal law and the laws of the State of Kansas, without regard to choice of law principles.
Start Here.book Page 186 Monday, September 8, 2003 11:13 AM