National Warranty manual
written agreement among the parties. To the extent not inconsistent with the FAA, all of the provisions of this paragraph are subject to the general qualification that state laws, requirements and rules, including, but not limited to, state filing limitations (such as statute of limitations and statutes of repose), may affect how and when arbitration may be initiated and administered. The following is a brief description of the steps to initiate arbitration and the arbitration process: (A) Step 1 – Filing a request, Selecting an Arbitrator. Any party may initiate an arbitration proceeding by giving notice to the other parties by certified mail, return receipt requested. The notice shall describe the nature of the controversy and the remedy sought. Following receipt of the notice, the parties shall attempt to mutually designate one arbitrator from AAA, but if they are unable to do so after 10 days from receipt of the notice, then AAA shall designate an arbitrator. If AAA declines to arbitrate a dispute, or if the AAA is not available, the parties will agree to an alternative arbitrator or have a court appoint a new arbitrator whose experience and training in construction arbitration is similar to that of a AAA-trained arbitrator. No Person may serve as the Arbitrator if that Person has any financial or personal interest in the result of the arbitration. Any Person designated as the Arbitrator shall immediately disclose in writing to all parties any circumstance likely to affect impartiality, including any bias or financial or personal interest in the outcome of the arbitration. If any Party objects to the service of the Arbitrator following the receipt of such a disclosure, the designated Arbitrator shall be replaced. (B) Step 2 - Hearing . The arbitration will probably be held at a location agreed to by the parties, usually in the metropolitan area where the home is located. The hearing typically will be scheduled by the arbitrator or the arbitration organization at a time mutually agreeable to all parties. At the hearing, the arbitrator will hear and consider evidence presented by all parties. If a party timely notifies the AAA of a request for a record of the hearing prior to the earlier of the hearing date or the date in the AAA’s rules, if specified, the arbitrator will preserve all evidence presented at the arbitration. Oral evidence will be preserved in a manner that it can be converted into a written transcript. The costs of the record will be paid by the party requesting the record. (C) Step 3 - Award. The arbitrator’s award will decide whether there is a construction defect covered by this Warranty and, if requested by a party, the scope and manner of correction. The arbitrator’s award will be based on applicable law and will include findings of fact and conclusions of law. Either party may request a written explanation of the award. Each party will bear its own attorney’s fees and costs. (i) Award final. The decision shall be rendered no later than 21 days from the close of the hearing, unless otherwise agreed by the parties. Once the award is final, it will be binding on and enforceable against all parties, except as modified, corrected, or vacated according to the applicable arbitration rules and procedures or to the extent not consistent with the applicable state law. Either party may present the final award to any court having jurisdiction over the dispute to enter that award as a judgment of the court.
Made with FlippingBook - professional solution for displaying marketing and sales documents online