LG P506 - Manual (Page 32)

at http://att.com/arbitration-information.) The arbitrator is bound by the terms
of this Agreement. All issues are for the arbitrator to decide, except that issues
relating to the scope and enforceability of the arbitration provision are for the
court to decide. Unless AT&T and you agree otherwise, any arbitration hearings
will take place in the county (or parish) of your billing address. If your claim
is for $10,000 or less, we agree that you may choose whether the arbitration
will be conducted solely on the basis of documents submitted to the arbitrator,
through a telephonic hearing, or by an in-person hearing as established
by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will
be determined by the AAA Rules. Regardless of the manner in which the
arbitration is conducted, the arbitrator shall issue a reasoned written decision
sufficient to explain the essential findings and conclusions on which the award
is based. Except as otherwise provided for herein, AT&T will pay all AAA filing,
administration, and arbitrator fees for any arbitration initiated in accordance
with the notice requirements above. If, however, the arbitrator finds that either
the substance of your claim or the relief sought in the Demand is frivolous or
brought for an improper purpose (as measured by the standards set forth in
Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will
be governed by the AAA Rules. In such case, you agree to reimburse AT&T for
all monies previously disbursed by it that are otherwise your obligation to pay
under the AAA Rules. In addition, if you initiate an arbitration in which you seek
more than $75,000 in damages, the payment of these fees will be governed by
the AAA rules.
(4) If, after finding in your favor in any respect on the merits of your claim,
the arbitrator issues you an award that is greater than the value of AT&T’s
last written settlement offer made before an arbitrator was selected, then
AT&T will:
• pay you the amount of the award or $10,000 (“the alternative payment”),
whichever is greater; and
• pay your attorney, if any, twice the amount of attorneys’ fees, and reimburse
any expenses (including expert witness fees and costs) that your attorney
reasonably accrues for investigating, preparing, and pursuing your claim in
arbitration (“the attorney premium”).
If AT&T did not make a written offer to settle the dispute before an arbitrator
was selected, you and your attorney will be entitled to receive the alternative
payment and the attorney premium, respectively, if the arbitrator awards you
any relief on the merits. The arbitrator may make rulings and resolve disputes
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