Any dispute, claim, or controversy arising out of or relating to this Agreement, including its formation, interpretation, validity, breach, termination, enforcement, or any request for declaratory, injunctive, or other equitable relief, shall be resolved by binding arbitration conducted through the LAWCOURT platform available at www.arbitration.net. The arbitration shall be administered in the first instance by LAW COURT Inc. (“LAWCOURT”) in accordance with the LAWCOURT rules in effect on the date the arbitration is commenced, except as modified by this Agreement. If LAWCOURT is unavailable, unwilling, or unable to administer the arbitration, the parties shall attempt in good faith to select a substitute arbitrator within ten (10) days after notice. If they do not agree, any party may apply to a court of competent jurisdiction to appoint a substitute arbitrator, and the arbitration shall proceed under that arbitrator’s most analogous applicable rules, except as modified by this Agreement. As used in this provision, “Arbitrator” means LAWCOURT or any substitute arbitrator selected by agreement of the parties or appointed by a court. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision except to the extent superseded by non-waivable applicable law. The parties clearly and unmistakably delegate to the Arbitrator exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration provision, including any claim that all or part of this provision is void or voidable. This delegation shall survive any challenge to the validity of the Agreement as a whole.
The arbitration shall be conducted before a single neutral arbitrator selected under the Arbitrator’s applicable rules. The seat of arbitration shall be: (a) any location in the State of Idaho agreed to in writing by the parties; (b) if the dispute primarily concerns real or tangible property, the county in Idaho where that property is located; or (c) if subsection (b) does not apply, the county in Idaho of the respondent’s principal residence or principal place of business, unless the parties agree otherwise. The arbitrator shall apply the substantive law specified in this Agreement except to the extent superseded by applicable federal law or other non-waivable law.
A party may seek temporary or provisional relief from a court of competent jurisdiction solely to preserve property, collateral, priority, or the status quo pending arbitration, including foreclosure, appointment of a receiver, injunctive relief, attachment, or recording of a lis pendens where authorized by law. Seeking such relief does not waive arbitration, and the merits of the dispute shall remain for the arbitrator except as necessary for the court to rule on the provisional request.
Each party shall bear its own attorneys’ fees and costs incurred in connection with the arbitration, except as otherwise provided by applicable law or this Agreement. The Arbitrator’s administrative fees and the arbitrator’s compensation shall be apportioned in accordance with the Arbitrator’s applicable rules; provided, however, that if a party demonstrates that such costs would be prohibitively expensive relative to the amount in controversy, the Arbitrator may reallocate fees to ensure that the arbitration remains accessible. The arbitrator may award attorneys’ fees and costs to the prevailing party if authorized by applicable law or this Agreement.
A claim may be initiated through the LAWCOURT platform at www.arbitration.net/start/ or through any other filing method authorized by the Arbitrator. The arbitrator may award any remedy available under applicable law or this Agreement. The award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. Electronic signatures and electronically submitted documents shall have the same force and effect as originals, subject to any objection permitted by applicable law.
If any portion of this arbitration provision is found unenforceable, it shall be severed or limited only to the minimum extent necessary, and the remainder shall remain in effect to the fullest extent permitted by law. The unavailability of the designated Arbitrator shall not invalidate this provision, and the substitute-arbitrator procedure stated above shall apply.