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ALTERNATIVE DISPUTE RESOLUTION
1. Binding Arbitration.
Except as otherwise provided in the Agreement, the Parties agree that any controversy or claim
including, but not limited to, any alleged class actions, arising out of or relating to the Agreement or the
breach thereof, whether involving a claim in tort, contract or otherwise, that cannot be resolved by
informal means, shall be settled by final and binding arbitration as its exclusive remedy. A party
aggrieved by the alleged failure, neglect, or refusal of another to arbitrate under the Agreement for
arbitration may petition the applicable United States District Court of Texas
for an order directing that
such arbitration proceed in the manner provided for in the Agreement. The Parties expressly agree,
however, that the right of either party to terminate the Agreement pursuant to the Agreement and Bravo
Health’s right to withdraw from a service area is absolute and shall not be subject to arbitration. All
arbitration proceedings shall take place in the applicable State in which Provider is to provide Covered
Services under the Agreement.
2. Rules for Arbitration.
The Parties agree to adopt the Rules of Procedure for Arbitration (“Rules”) and the Code of Ethics for
Arbitrators (“Code”) of the American Health Lawyers Association Alternative Dispute Resolution
Service (collectively referred to as “AHLA”). The AHLA Rules and Code for Arbitration shall apply to
any arbitration under the Agreement unless otherwise specifically stated or supplemented in the
Agreement. In the event of any conflict between the AHLA Rules and Code for Arbitration and the
Agreement, the provisions of this language and the Agreement shall control.
3. Demands for Arbitration and Selection of Arbitrators.
The demand for arbitration shall be in writing and shall be served in the manner prescribed in Section
7.9 of the Agreement. The demand for arbitration shall set forth a detailed statement of the issue and
facts supporting the arbitration demand, shall specify the matters to be arbitrated, including
identification of the Section or Article of the Agreement in dispute, and shall identify the name and
address of the Arbitrator chosen by the Party making such demand. The other Party to the dispute shall
appoint an Arbitrator, shall give written notice of such appointment in accordance with Section 7.9 to
the other Party, and shall specify the name and address of such Arbitrator within forty-five (45) calendar
days after receipt of the demand,. If such Party fails to appoint an Arbitrator and notify the other Party
as herein provided within such forty-five (45) calendar day period, the Party making the arbitration
demand shall have the right to apply to the Chief Judge of the United States District Court of Texas for
the appointment of an Arbitrator. Each Arbitrator must have a minimum of ten (10) years of legal
experience or professional experience in the healthcare industry.
4. Procedure for Selection of Third Arbitrator.
The two (2) Arbitrators appointed or selected as set forth in Section 6.4 shall appoint a third Arbitrator
as soon as practicable, or if they do not do so within forty-five (45) calendar days after notice is given to
the Parties of the appointment of the second Arbitrator, any Party may apply to the Chief Judge of the
United States District Court of Texas
for the appointment of an Arbitrator. After the appointment of the
third Arbitrator, the Arbitrators shall hold a preliminary conference with the Parties within thirty (30)
days to define and narrow the issues and claims to be arbitrated. The arbitrator may, at the preliminary
conference, establish the extent of and schedule for the production of documents and other information,
identify the form of evidence to be presented, and limit discovery.
