8.6 Construction Arbitration Rules The arbitration will proceed in accordance with the AAA’s rules applicable to the dispute. With respect to any portion of the dispute pertaining to a construction issue, the arbitration will proceed in accordance with the AAA's Home Construction Arbitration Rules. If those rules have been repealed or replaced at the time the arbitration claim is filed, the AAA’s rules then most applicable to residential construction will apply. However, we will be entitled to visually inspect and perform testing as to any component claimed to have a construction defect and no AAA rule shall apply if it is inconsistent with the provisions of this warranty. 8.7 Neutral, Experienced Arbitrator The arbitrator appointed pursuant to section 8.5 of the warranty shall be a neutral, impartial individual who is either a retired judge or an attorney licensed to practice law in California and having at least 15 years of experience with substantial experience in the type of matter in dispute and with a strong emphasis on the laws governing real estate matters, especially those dealing with residential real estate development and construction. The arbitrator shall not have any relationship to the parties to the dispute or any interest in the property or the project in which the property is located. The arbitrator shall be selected from a panel in accordance with the rules described in section 8.6, but in no event more than 60 days after written submission to arbitrate.
8.3 Arbitration con’t that you give up any claims simply by presenting those claims to an arbitrator. The parties’ rights will be determined by a neutral arbitrator and not by a judge or jury. An arbitrator’s decision is final and binding, subject to appeal as provided later in this warranty. If a party uses litigation to enforce the requirement to arbitrate, the court will award such party its court costs and reasonable attorneys’ fees. 8.4 Applicable Law This warranty, including, but not limited to, the arbitration provision, will be governed by the FAA (see section 3.6) which overrides and preempts certain California state, local or other laws concerning arbitration, including, but not limited to, laws that have the purpose of defeating or restricting arbitration. 8.5 Appointment of Arbitrator The arbitration will be conducted before an arbitrator appointed by the American Arbitration Association (the “AAA”). If the AAA declines to arbitrate a dispute, or if the AAA is not available the parties will agree to an alternative arbitrator or have a court appoint a new arbitrator whose experience and training in construction arbitration is similar to that of an AAA-trained arbitrator. Any disputes concerning the interpretation, the enforceability, or the unconscionability of this arbitration agreement, including without limitation, its revocability or voidability for any cause, the scope of arbitrable issues, and any defense, including, without limitation, defenses based upon waiver, estoppel or laches, shall be decided solely by the arbitrator.
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