16
For any arbitration in which your total damage
claims, exclusive of attorney fees and expert
witness fees, are $5,000.00 or less (“Small Claim”),
the arbitrator may, if you prevail, award your
reasonable attorney fees, expert witness fees and
costs as part of any award, but may not grant
SAMSUNG its attorney fees, expert witness fees
or costs unless it is determined that the claim
was brought in bad faith. In a Small Claim case,
you shall be required to pay no more than half
of the total administrative, facility and arbitrator
fees, or $50.00 of such fees, whichever is less,
and SAMSUNG shall pay the remainder of such
fees. Administrative, facility and arbitrator fees
for arbitrations in which your total damage
claims, exclusive of attorney fees and expert
witness fees, exceed $5,000.00 (“Large Claim”)
shall be determined according to AAA rules. In
a Large Claim case, the arbitrator may grant to
the prevailing party, or apportion among the
parties, reasonable attorney fees, expert witness
fees and costs. Judgment may be entered on
the arbitrator’s award in any court of competent
jurisdiction.
This arbitration provision also applies to claims
against SAMSUNG’s employees, representatives
and affiliates if any such claim arises from the
Product’s sale, condition or performance.