If more than fifty (50) claimants (including You) assert similar claims against Samsung through the same or coordinated counsel or are otherwise coordinated (“Mass Arbitrations”), You understand and agree that the additional procedures in this Section 5 apply and that the resolution of Your Dispute might be delayed.
Stage One. Counsel for the claimants and counsel for Samsung shall each select twenty-five (25) claims (per side) to be filed first and to proceed in individual arbitration proceedings as part of a staged process. Any remaining claims shall not be filed or deemed filed in arbitration, nor shall any Arbitration Fees be assessed in connection with those claims unless and until they are selected to be filed as individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, the Parties shall engage in a global mediation of all remaining claims with a retired federal or state court judge, and Samsung shall pay the mediation fee.
Stage Two. If the remaining claims are not resolved at this time, counsel for the claimants and counsel for Samsung shall each select fifty (50) claims to be filed (per side) and to proceed in individual arbitration proceedings as part of a second staged process. The remaining claims shall not be filed or deemed filed in arbitration, nor shall any Arbitration Fees be assessed in connection with those claims, unless and until they are selected to be filed as individual arbitration proceedings as part of a staged process. After this second set of staged proceedings is completed, the Parties shall engage in a global mediation of all remaining claims with a retired federal or state court judge, and Samsung shall pay the mediation fee.
Stage Three. If the remaining claims are not resolved, the Parties shall meet and confer to discuss potential ways to streamline the proceedings, increase efficiencies, and conserve costs. Unless the Parties agree otherwise, counsel for the claimants and counsel for Samsung shall each select seventy-five (75) claims (per side) to be filed and to proceed in individual arbitration proceedings as part of a third staged process. The remaining claims shall not be filed or deemed filed in arbitration, nor shall any Arbitration Fees be assessed in connection with those claims, unless and until they are selected to be filed as individual arbitration proceedings as part of a staged process. After this third set of staged proceedings, the Parties shall engage in a global mediation of all remaining claims with a retired federal or state court judge, and Samsung shall pay the mediation fee.
In connection with each stage set forth above (i) each of the claims within that stage shall be assigned to a different, single arbitrator and (ii) each arbitrator shall aim to issue their award within one hundred twenty (120) days after their appointment.
If Your claim is not resolved after the three sets of staged proceedings and related mediations, either:
(i) You and Samsung may, separately or by agreement, opt out of arbitration and elect to have Your claim heard in a court of competent jurisdiction consistent with this Agreement. You may opt out of arbitration by providing The individual written notice of Your intention to opt-out to the arbitration administrator and to Samsung at disputeresolution@sea.samsung.com within thirty (30) days after the conclusion of the third mediation. Your written notice must be personally signed by You. Samsung may opt Your claim out of arbitration by sending written notice of its intention to opt-out to the AAA (or, if the AAA is not administering the arbitration, then to the alternative provider that is administering the arbitration) and to Your counsel within fourteen (14) days following the expiration of Your thirty (30) day opt-out period. Samsung’s written notice must be personally signed by a Samsung representative. Counsel for the Parties may agree to adjust these deadlines.
OR
(ii) If neither You nor Samsung elects to have Your claim heard in court consistent with (i), then You agree that Your claim will be resolved through additional staged proceedings as set forth below. Assuming the number of claims exceeds two hundred (200) claims, then two hundred (200) claims shall be randomly selected (or selected through a process agreed to by counsel for the Parties) to proceed in individual arbitration proceedings as part of a staged process. If the number of claims is fewer than two hundred (200), all of those claims shall proceed in individual arbitration proceedings. Each of these two hundred (200) claims (or fewer if the total number of claims is less than 200) shall be assigned to a different, single arbitrator. Each arbitrator shall aim to issue their award within one hundred twenty (120) days after the appointment. The remaining claims shall not be filed or deemed filed in arbitration, nor shall any Arbitration Fees be assessed in connection with those claims, unless and until they are selected to be filed as individual arbitration proceedings as part of a staged process. After each set of two hundred (200) claims are adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat consistent with these parameters. Counsel for the Parties are encouraged to meet and confer, participate in mediation, and engage with each other and the arbitration administrator to explore ways to streamline the adjudication of claims, promote efficiencies, conserve resources, and resolve the remaining claims.
Unless the Parties agree otherwise, an arbitrator may not be appointed to cases in consecutive sets of staged proceedings. An arbitrator may be appointed to cases in non-consecutive sets of staged proceedings. You and Samsung agree that the Parties have a mutual interest in reducing the costs and increasing the efficiency of arbitration, and as such, either Party may negotiate with the arbitration administrator for reduced Arbitration Fees and for streamlined or other procedures designed to reduce costs and increase the efficiency of arbitration.
Any relevant limitations period and filing fee or other deadlines shall be tolled for claims subject to these additional procedures that apply to Mass Arbitrations from the time that the first cases are selected for a staged process until the time Your claim is selected for a staged process, withdrawn, otherwise resolved, or opted out of arbitration.
You and Samsung agree to engage in the process in good faith. A court of competent jurisdiction shall have the authority to enforce this Mass Arbitration provision and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of Arbitration Fees.