DISPUTE RESOLUTION & ARBITRATION CLAUSE

 


1. Governing Law

This Agreement shall be governed by and interpreted in accordance with:

  • The laws of the Republic of South Africa for transactions processed through the South African entity; and

  • The laws of the State of [Insert U.S. State] for transactions processed through the United States entity.

The applicable governing law shall be determined by the contracting entity identified at purchase.


2. Good Faith Resolution

Before initiating formal proceedings, the parties agree to attempt resolution through:

  • Written notice of dispute

  • A 30-day good-faith negotiation period

Notice must be sent to:
📧info@elysiummanagementcompany.co.za


3. Binding Arbitration

If the dispute is not resolved within 30 days:

  • The dispute shall be resolved by confidential binding arbitration.

  • Arbitration shall be conducted by a recognized arbitration body (e.g., AFSA in South Africa or AAA in the United States).

  • Proceedings shall be conducted in English.

  • Arbitration shall occur in the jurisdiction of the issuing entity unless otherwise agreed.

The arbitrator’s decision shall be final and enforceable in any competent court.


4. Waiver of Class Actions

To the maximum extent permitted by law:

  • Disputes must be brought individually.

  • Class actions, collective actions, and representative proceedings are waived.


5. Exceptions

This clause does not prevent:

  • The Company from seeking injunctive relief

  • Regulatory reporting obligations

  • Enforcement of intellectual property rights