North York, Ontario M9L 2X6. This arbitration provision
is governed by your applicable provincial or territorial
commercial arbitration legislation. Judgment may
be entered on the arbitrator’s award in any court of
competent jurisdiction. All issues are for the arbitrator
to decide, except that, issues relating to the scope and
enforceability of the arbitration provision and to the
arbitrability of the dispute are for the court to decide.
The arbitrator is bound by the terms of this provision.
Governing Law. The law of the province or territory of
your purchase shall govern this Limited Warranty and
any disputes between you and LG except to the extent
that such law is preempted by or inconsistent with
applicable federal or provincial/territorial law. Should
arbitration not be permitted for any claim, action,
dispute or controversy between you and LG, you and
LG attorn to the exclusive jurisdiction of the courts
of the province or territory of your purchase for the
resolution of the claim, action, dispute or controversy
between you and LG.
Fees/Costs. You do not need to pay any fee to begin
an arbitration. Upon receipt of your written demand
for arbitration, LG will promptly pay all arbitration
filing fees unless you seek more than $25,000 in
damages, in which case the payment of these fees
will be governed by the applicable arbitration rules.
Except as otherwise provided for herein, LG will pay
all filing, administration and arbitrator fees for any
arbitration initiated in accordance with the applicable
arbitration rules and this arbitration provision. If you
prevail in the arbitration, LG will pay your attorneys’
fees and expenses as long as they are reasonable, by
considering factors including, but not limited to, the
purchase amount and claim amount. Notwithstanding
the foregoing, if applicable law allows for an award of
reasonable attorneys’ fees and expenses, an arbitrator
can award them to the same extent that a court would.
If the arbitrator finds 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 applicable laws), then the payment of all arbitration
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