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 are
subject to amendment and/or revision by Pep Boys:
- All Arbitrations will be held under the
auspices of either the American Arbitration Association (“AAA”) or Judicial Arbitration and
Mediation Services/ Endispute (“JAMS”), at the option of the party making a Demand for
- 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 fees
of 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.