This agreement contains a pre-dispute arbitration clause. By signing an arbitration agreement the parties agree as follows:
(A) All Parties to this agreement are giving up the right to sue each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a claim is filed.
(B) Arbitration awards are generally final and binding: a party's ability to have a court reverse or modify an arbitration award is very limited.
(C) The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration that in court proceedings.
(D) The arbitrators do not have to explain the reason(s) for their award.
(E) The panel of arbitrators will typically include a minority of arbitrators who were or are affiliated with the securities industry.
(F) The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court.
(G) The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this agreement.
Predispute Arbitration
The undersigned agree(s) that all controversies, which may arise between us, including but not limited to those involving any transaction or the construction, performance or breach of this or any Agreement between us, whether entered into prior, on or subsequent to the date hereof, shall be determined by arbitration.
Any arbitration under this Agreement shall be conducted before arbitration facilities provided by any exchange or the National Association of Securities Dealers, Inc.
You may elect in the first instance the arbitration forum, but if you fail to make such election by registered letter or telegram addressed to Newedge USA, LLC at the office where the customer maintains their account(s), before the expiration of five days after receipt of a written request from Newedge USA to make such election, then Newedge USA may make such election.
Judgment upon the award of arbitrators may be entered in any court, state or federal, having jurisdiction.
No person shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration Agreement against any person who has initiated in court a putative class action; or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: (i) the class certification is denied; or (ii) the class is decertified; or (iii) the customer is excluded from the class by the court.
Such forbearance to enforce an Agreement to arbitrate shall not constitute a waiver of any rights under this Agreement except to the extent stated herein.