Mass Arbitration
Use this clause when a large number of substantially similar claims could be filed against the same respondent, such as consumer or platform terms of service. It pairs the DecisionLayer Arbitration Clause with a mass arbitration protocol: the DecisionLayer Mass Arbitration Rules apply, DecisionLayer may batch and sequence claims for efficient administration, claimants may elect consolidated proceedings at a discounted fee, and each claim otherwise remains an individual arbitration. Enter your preferred contact address where opt-out notices should be sent.
Arbitration Clause with Mass Arbitration Protocol
Both paragraphs below should be included together in the body of the agreement.
Any controversy or claim arising out of or relating to this agreement, including the interpretation, formation, breach, termination, validity, arbitrability or enforceability thereof, shall be settled by binding arbitration administered by DecisionLayer in accordance with its rules then in effect at https://www.decisionlayer.ai/rules (the “Rules”). The substantive rights and obligations of the parties shall be governed by the internal laws of the State of New York. The Federal Arbitration Act, 9 U.S.C. §§ 1–16 (“FAA”), shall govern this arbitration provision, its interpretation and enforcement, all questions of arbitrability, and the arbitration proceedings. The FAA shall control over any conflicting provision of law. Judgment on any arbitration award may be entered in any State or Federal Court located in New York State or any other court of competent jurisdiction. Subject to the Rules, DecisionLayer arbitrations will be conducted by an arbitrator utilizing DecisionLayer artificial intelligence systems or, upon mutual agreement of the parties, by DecisionLayer’s artificial intelligence system itself. The parties agree that the arbitrator selection mechanisms set forth in the Rules constitute a substantial and valuable contract right, and the designated administration by DecisionLayer is an essential term of this agreement. THE PARTIES HERETO WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT ANY CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. EACH PARTY CONSENTS TO RECEIVE SERVICE OF PROCESS COMMENCING AN ARBITRATION VIA THE DECISIONLAYER WEBSITE (IF IT HAS AN ACCOUNT), BY EMAIL, BY REGISTERED OR CERTIFIED MAIL, OR IN ACCORDANCE WITH APPLICABLE LAWS. EACH PARTY HERETO WAIVES ANY OBJECTION TO SERVICE BY THESE MEANS. Any arbitration shall be conducted virtually via the DecisionLayer platform. Each litigant’s relationship with DecisionLayer is governed by the DecisionLayer Terms of Service available at https://www.decisionlayer.ai/terms. If DecisionLayer is disqualified, unavailable, or otherwise unable to administer or hear any dispute for any reason, the parties shall apply to a court of competent jurisdiction for appointment of an arbitrator pursuant to Section 5 of the Federal Arbitration Act, 9 U.S.C. § 5, and the agreement to arbitrate shall remain fully enforceable. The invalidity of any portion of this arbitration provision shall not affect the validity of any other portion, and any invalid provision shall be modified to the least extent necessary to render it valid. YOU MAY OPT OUT OF THIS ARBITRATION PROVISION BY SENDING WRITTEN NOTICE TO [INSERT EMAIL OR ADDRESS] WITHIN THIRTY (30) DAYS OF THE DATE YOU FIRST AGREE TO THIS PROVISION. THE NOTICE MUST IDENTIFY THE PARTY OPTING OUT AND CLEARLY STATE THAT THE PARTY ELECTS TO OPT OUT OF THIS ARBITRATION PROVISION. AN OPT-OUT APPLIES ONLY TO THIS ARBITRATION PROVISION AND DOES NOT AFFECT ANY OTHER PROVISION OF THIS AGREEMENT OR ANY SEPARATE ARBITRATION AGREEMENT BETWEEN THE PARTIES.
Mass Arbitration. If multiple substantially similar demands for arbitration are filed by different claimants relating to this Agreement or substantially similar agreements with the same respondent, this may constitute a “Mass Arbitration.” If a Mass Arbitration is commenced by either party the DecisionLayer Mass Arbitration Rules (the “Mass Rules”) then in effect shall apply. As set forth in the Mass Rules, DecisionLayer may administer Mass Arbitrations in such batches, groups, queues, sequences, or other procedural units, and in such order, as it determines reasonably appropriate for efficient administration. DecisionLayer may determine batch size and sequencing and may prioritize or resolve threshold, jurisdictional, procedural, administrative, or other preliminary matters before the individual merits proceedings within a Mass Arbitration. Batching, grouping, or sequencing claims for administrative purposes shall not, by itself, consolidate the claims or cause a determination of the merits of one claimant’s arbitration to bind a party in another arbitration. The parties asserting claims may elect to proceed with consolidated Mass Arbitration, where (i) such parties will receive the consolidation discounts set forth on the DecisionLayer Fee schedule then in effect, and (ii) a single Award may be issued for each consolidated group and applicable claims. DecisionLayer may consolidate some or all such relevant claims to the extent permitted by the DecisionLayer Rules, including for common submissions, common evidence, hearings, determination of common issues. Except to the extent claims are consolidated as permitted hereunder and pursuant to the Rules, each arbitration shall remain an individual arbitration and, if resolved by final adjudication, shall result in an individual award. Nothing in this provision authorizes class, collective, or representative arbitration. The parties will disclose to each other (i) all relationships with third-party litigation funders related to the Mass Arbitration and copies of all applicable litigation funding agreements; and (ii) any financial interest that a party has assigned or transferred to a third party (excluding either party’s counsel of record) in connection with the Mass Arbitration and any agreements governing that assignment or transfer.