BINDING ARBITRATION
Any dispute arising out of or in connection with a member’s registration with and membership in the IDTANA shall be exclusively and definitively resolved through final and binding confidential arbitration. It is the intention of the IDTANA and its registered members that this agreement is designed to encompass all possible disputes, including any dispute, controversy, or claim (of any and every kind), arising out of membership in and registration with the IDTANA.
The arbitration shall be administered by the American Arbitration Association (“AAA”), in accordance with the Commercial Rules of the AAA (as then in effect) (the “Rules”). One arbitrator shall conduct the arbitration, who will be appointed in accordance with the Rules.
Seat of Arbitration
Unless otherwise agreed by all parties to the arbitration, the seat of the arbitration shall be Chicago, Illinois.
Costs and Attorneys’ Fees
The arbitrator is authorized to award costs and attorneys’ fees and to allocate them among the parties to the arbitration. The costs of the arbitration proceedings, including attorneys’ fees, shall be borne in the manner determined by the arbitrator.
Confidentiality
Any arbitration relating to a dispute, including but not limited to all documents exchanged during the arbitration, all briefs, memoranda and other pleadings submitted, any settlement and settlement discussions, any transcript of proceedings or correspondence prepared for the arbitration, shall be confidential and may not be disclosed by the parties to the arbitration except where required by law or necessary to enforce any arbitration award. This provision, however, will not prevent the parties from disclosing information to witnesses, consultants, or other third parties for the limited purpose of assisting with or participating in the arbitration.
Governing Law
Any dispute arising out of membership in and registration with the IDTANA, and any resulting arbitration, will be governed by the law of Illinois.