All disputes or disagreements with Pep Boys which are subject to Arbitration ('Arbitration Claims') are subject to the following arbitration rules, procedures and processes, which aresubject to amendment and/or revision by Pep Boys:
- All Arbitrations will be held under theauspices of either the American Arbitration Association ('AAA') or Judicial Arbitration and Mediation Services/ Endispute ('JAMS'), at the option of the party making a Demand forArbitration.
- All Arbitrations will be conducted before a single arbitrator and in accordance with the then-current commercial arbitration rules and procedures of AAA or JAMS, as applicable,except to the extent any such rules and/or procedures are in conflict with any express term herein,in which case such express terms will control.
- Insofar as allowed by the rules of AAA or JAMS, the party demanding arbitration can elect to participate in person, via telephone or other electronic means or by written submissions.
- Any filing fee or administrative fee required by AAA or JAMS shall be paid by the party making a Demand for Arbitration to the extent such fee does not exceed the amount of the initial filing fee to commence an action in a Court that otherwise would have jurisdiction. For all non-frivolous complaints, Pep Boys will pay (1) the amount of such fee in excess of that amount, (2) any administrative fees required by AAA or JAMS, and (3) the feesof the Arbitrator for his or her services.
- Each party will pay his or her own attorney's fees and except as specifically provided herein, his or her own costs and fees incurred in connection with the Arbitration.
- Except as set forth in paragraph 4 above, all costs and fees associated with the arbitration shall be determined by the rules or procedures of AAA or JAMS, unless limited by applicable law, and if not addressed by such rules or procedures, will be borne equally by each party.
- The Arbitrator will have the authority to entertain a motion to dismiss and/or a motion for summary judgment filed by any party and shall apply the standards governing such motions under the Federal Rules of Civil Procedure.
- The same statute of limitations which would have applied if the dispute or disagreement was sought to be adjudicated in an administrative or judicial forum will apply, so that any Arbitration Claim must be filed on or before the expiration of the statute of limitations period applicable to that Claim, subject to any applicable tolling of the limitations period. The date of filing is the date on which written notice by the party seeking arbitration stating that party's intention to arbitrate ('Demand for Arbitration') is received by AAA or JAMS.
- Any Demand for Arbitration filed with AAA or JAMS,must be served on the party against whom the Arbitration Claim is made, within ten (10) days of filing with AAA or JAMS, with service to Pep Boys directed to the Company's General Counsel, 3111 West Allegheny Avenue, Philadelphia PA 19132.
- All service hereunder must be made by United States certified or registered mail, return receipt requested.
- Any party may bring an action in any court of competent jurisdiction to compel Arbitration. If provided for by the laws of such jurisdiction, either party may bring an action in any court of competent jurisdiction to enforce or vacate an Arbitration Award in accordance with such laws.
- Arbitration Claims arbitrated hereunder are subject to the same limitations regarding damages and ability to obtain other relief,and affirmative rights to damages and other relief, as would have applied if the Claim was made, and proceeded, in a judicial forum.
- Arbitration Claims are governed by the Federal Arbitration Act and by the laws of the state where the Claim arose, to the extent those laws are not inconsistent with and/or preempted by the Federal Arbitration Act.
January, 2012
