If the claimant requests the dispute be settled in arbitration, the Tribe shall consent; provided, that the following apply:
(A) The claim shall be heard by a single arbitrator, who is a retired judge (“JAMS arbitrator”).
(B) The arbitration shall be conducted in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS (or, if those rules no longer exist, the closest equivalent).
(C) The arbitration shall take place within ten (10) miles of the Yreka City Hall, or as otherwise mutually agreed by the parties.
(D) Discovery shall be governed by California Code of Civil Procedure Section 1283.05.
(E) The cost and expenses of arbitration shall initially be borne by the Tribe. However, the arbitrator may award costs to the prevailing party not to exceed those allowable in a suit in California Superior Court.
(F) The decision of the arbitrator shall be binding on both parties.
(G) Any party dissatisfied with the award of the arbitrator may at the party’s election invoke the JAMS optional arbitration appeal procedure (or if those rules no longer exist, the closest equivalent); provided, that the party making such election must bear all costs and expenses of JAMS and the JAMS arbitrators associated with the appeal procedure, regardless of the outcome.
(H) The Tribe agrees not to assert, and will waive, any defense alleging improper venue or forum non conveniens as to any state court located within the county or any federal court located in the Eastern District of California in any such action brought with respect to the arbitration award.