Dispute Resolution & Arbitration

Terms of Service

Welcome to the WM webpage that provides the terms and conditions relating to Dispute Resolution – Arbitration under the various written service agreements executed by WM’s operating affiliates and their commercial customers (collectively, the “Agreement”). As provided in our Agreement, we have agreed that, except for those claims expressly excluded in our Agreement (EXCLUDED CLAIMS), ANY and ALL existing or future controversies or claims between us arising out of or related to our Agreement or any prior agreements between us, whether based in contract, law or equity, alleging any other legal theory, or arising before, in connection with, or after the termination of our Agreement or any prior agreements, shall be resolved by mandatory binding arbitration. (We may also mutually agree to arbitrate any Excluded Claims.)

For ease of reference, here is the relevant Agreement language:

• DISPUTE RESOLUTION—ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. BINDING ARBITRATION: Except for those claims expressly excluded below (EXCLUDED CLAIMS), the Customer and the Company agree that ANY and all existing or future disputes or claims between them arising out of or relating to this Agreement or any other agreements between the parties, whether based in contract, law or equity, alleging any other legal theory, or arising before, in connection with or after the termination of this Agreement or any prior agreements, shall be resolved through mandatory binding arbitration (see www.wm.com for details on arbitration procedures).

• CLASS ACTION WAIVER: Customer and Company agree that under no circumstances, whether in arbitration or otherwise, may Customer bring any claim against the Company, or allow any claim that the Customer may have against the Company to be asserted, as part of a class action, on a consolidated or representative basis or otherwise aggregated with claims brought by, or on behalf of, any other entity or person, including other customers of the Company.

• EXCLUDED CLAIMS: The following are not subject to mandatory binding arbitration: (A) either party’s claims against the other in connection with bodily injury or real property damage and for environmental indemnification; and (B) Company’s claims against Customer for collection or payment of Charges, damages (liquidated or otherwise) or any other amounts due or payable to the Company by the Customer under this Agreement or any prior agreements between the parties, but Customer and Company may mutually agree to arbitrate any Excluded Claims.
  

General Information

The material below provides information and describes the details of the terms and conditions of the agreed-upon arbitration process. Waste Management is committed to controlling costs so we can continue to provide you with the best overall value in waste-related services. Avoiding litigation and/or streamlining dispute resolution through arbitration will assist in this regard. For this and other reasons, including our efforts to amicably resolve any disputes with you, our customer, we have incorporated the binding arbitration process set out below into our Agreement. Before pursuing arbitration, Waste Management hopes that any concern can be resolved informally through local management and/or your Sales representative. Waste Management is also willing to explore mediation with you. Mediation is another alternative dispute resolution process in which a third party (a mediator) would help us resolve our dispute together. However, because mediation does not result in a binding decision, we must each consider the advantages and disadvantages of this alternative process. If the dispute is not resolved through mediation, nothing said during mediation may later be used in the arbitration process.

If we are unable to resolve a matter to your satisfaction, we have agreed upon the binding arbitration process below to resolve any remaining dispute that is subject to arbitration under our Agreement. Arbitration is an alternative dispute resolution process in which a neutral third party (an arbitrator) provides a fair hearing and decides a dispute. An arbitrator can make a decision based solely on documents submitted by the parties, can award the same relief as a court, and must honour the terms of our Agreement. Arbitration does not involve a judge or jury—it is an alternative to litigation in court. Proceeding with arbitration may result in limited discovery and may be subject to limited review by the courts. Arbitration is typically faster and less formal than a courtroom proceeding. Legal counsel is not required, but each of us has the option of using counsel. Of course, this process could save both sides time and money. If either party decides that it wants a hearing, including by telephone, the arbitrator will provide one.

How Does Either Party Begin Arbitration?

The party seeking arbitration under this arbitration provision shall first provide written notice to the other party (at the address and as provided in our Agreement). The notice must include a brief statement of the dispute, including the relief sought, and must be served at least thirty (30) days before arbitration is initiated. If we are unable to resolve the dispute within thirty (30) days after receiving the notice, either party may proceed to file an arbitration claim. The party initiating the arbitration proceeding would open a case with the American Arbitration Association – Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043, 877-493-4185, https://www.adr.org/ under the Commercial Arbitration Rules of the American Arbitration Association (AAA).

Dispute Resolution and the Arbitration Process

The parties will jointly appoint a single arbitrator who has at least ten (10) years’ experience actively practising commercial contract law. The arbitrator’s expenses and fees will be shared equally by the parties. If the parties cannot agree on the appointment of a single arbitrator, the matter will be submitted to the AAA for the appointment of an arbitrator who meets the requirements set out above. The appointment procedures and conduct of the arbitration will be in accordance with the AAA’s Commercial Arbitration Rules, except as otherwise provided herein. As noted, for more information about the arbitration process or the AAA, please consult the AAA website at adr.org or contact the AAA at:

American Arbitration Association - Customer Service Centre
335 Madison Avenue, 10th Floor
New York, New York 10017-4605
Phone: (212) 716-5870
Fax: (212) 716-5907
Toll-Free Phone: (800) 778-7879
AAA Website

We agree that by entering into our Agreement, we are each waiving any right to trial by jury, except to the extent that may apply to the Excluded Claims as defined in our Agreement. All disputes (other than Excluded Claims) relating to the interpretation, applicability, enforceability, or formation of this Agreement, including any claim that all or any part of this Agreement is void or voidable, are for the arbitrator to decide, except for issues relating to the scope, application, and enforceability of the arbitration provision, which are for a court of competent jurisdiction to decide, if necessary. The Federal Arbitration Act (FAA), not state arbitration law, shall govern the arbitrability of our disputes. However, applicable federal law or the law of the state consistent with our Agreement may apply to and govern the substance of our disputes. No state statutes pertaining to arbitration shall apply under this arbitration provision, except to the extent required by law. If there is a conflict between this arbitration provision and the rules of the AAA, this arbitration provision shall govern.

The arbitrator may award relief in favour of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. Neither party nor the arbitrator shall be entitled to join or consolidate claims in arbitration by or against the other party, other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity.

For claims of $10,000 or less, the party bringing the claim can choose to have the arbitration carried out so that the arbitrator will base his or her decision solely on documents submitted by the parties, or it may choose to have the arbitration conducted through an in-person or telephone hearing. The parties may also agree to proceed without a hearing for amounts exceeding $10,000. If an in-person hearing is held, the arbitration will take place at a location near the area where you receive our services, unless otherwise agreed. The arbitrator will honour claims of privilege recognized by law and will take reasonable steps to protect the customer’s account information and any other confidential or proprietary information.

The Arbitration Award. The arbitrator will make any award in writing but, to reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for their award unless requested to do so by both parties. The arbitrator’s award may be entered and enforced in any court having jurisdiction. An arbitration award and any judgment confirming it apply only to that specific case; they cannot be used in any other case except to enforce the arbitration award itself.

If an award granted by the arbitrator exceeds $100,000, either party may appeal that award to a three-arbitrator panel administered by the AAA by filing a written notice of appeal within thirty (30) days of the date the written arbitration award is entered. The members of the three-arbitrator panel will be selected in accordance with the AAA's rules. The AAA will then notify the parties that the award has been appealed and establish an expedited appeal schedule. The party challenging the award shall choose whether the appeal will be based solely on documents or on arguments presented in person or by telephone. The three-arbitrator panel will issue its decision within ninety (90) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any right of appeal available under the law.

Change in Arbitration Provider. If the AAA will not enforce this arbitration provision as written, it cannot serve as the arbitration organization to resolve our dispute. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall jointly petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this arbitration provision as written. If there is a conflict between this arbitration provision and the remaining terms of our Agreement, this arbitration provision shall govern. Waste Management reserves the right to amend this arbitration provision from time to time to substitute an alternative arbitration services provider where Waste Management has determined in good faith that such provider can provide equivalent arbitration services as set out herein at a lower cost to the parties.

Miscellaneous Provisions

Notices to each party will be deemed given when delivered in accordance with our Agreement. This agreement to arbitrate will survive the termination of our Agreement. If any clause in this arbitration provision is found to be illegal or unenforceable, that clause will be severed from this arbitration provision, and the remainder of this arbitration provision will remain in full force and effect. If the class action waiver clause is found to be illegal or unenforceable, the entire arbitration provision will be unenforceable, and the dispute will be decided by a court. If this entire arbitration provision is determined to be illegal or unenforceable for any reason, or if a claim (other than an Excluded Claim as defined in our Agreement) is brought in a dispute and a court finds that it falls outside the scope of this arbitration provision, we have each agreed to waive, to the fullest extent permitted by law, any trial by jury.