2019 PRCA Rule Book

under federal law. B12.6.7 Merger, Bar, Claim Preclusion, Collateral Estoppel and Stare Decisis. In any arbitration conducted pursuant to B12.6.6, the Arbitration Panel shall accord the award or awards of any prior arbitrations conducted pursuant to B12.6.6 the same merger, bar, claim preclusion and collateral estoppel effects as a final judgment entered by a United States District Court under federal law. Failure to do so shall be a ground for overturning or refusing to enforce the award, the provisions of the AAARules, the Federal Arbitration Act and/or the Colorado Arbitration Act to the contrary notwithstanding. In addition, the Arbitration Panel shall accord awards in prior arbitrations the same stare decisis effects as that accorded to decisions of the United States Supreme Court and the United States Circuit Courts of Appeal under federal law. Failure to properly apply prior awards for purposes of stare decisis shall not, however, be a ground for overturning or refusing to enforce an award. Any attempt to arbitrate claims, positions, facts or mixed questions of law and fact barred by the doctrines of merger, bar, claim preclusion and/or collateral estoppel as applied to all prior arbitration awards shall be deemed to lack substantial justification in law or fact for purposes of awarding attorneys’ fees and costs under B12.6.6. B12.6.8 Exclusive Remedy. Each Member agrees that the dispute resolution procedures set forth in this B12.6 shall be the sole and exclusive remedy and procedure for resolving Claims, and agrees that in any litigation instituted in violation of B12.6.2, the party instituting such litigation shall be liable to the other party for all expenses incurred in securing the stay or dismissal of such litigation, including, but not limited to, court costs, attorneys’ fees, reasonable compensation, if applicable, for time spent by PRCA officials and employees in securing such stay or dismissal, including court appearances, and travel expenses. B12.6.9 Suit to Compel Arbitration or Enforce or Set Aside Award. Any suit to compel arbitration or to enforce or set aside an arbitration award hereunder shall be brought in the District Court of El Paso County, State of Colorado. In any such suit, the Federal Arbitration Act and federal law shall govern the issue of the proper scope of judicial review of the arbitration award. The prevailing party in any suit brought to enforce or set aside an arbitration award entered pursuant to B12.6.6 shall be entitled to recover the fees, costs and expenses incurred by that party in prosecuting or defending such suit that are listed in B12.6.8.



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