If arbitration before JAMS is unavailable or impossible for any valid reason, as determined by a court of competent jurisdiction, then such arbitration will be conducted by, and according to the rules and regulations then in effect of, the American Arbitration Association (AAA). In the event either party is required to seek and obtains an order compelling arbitration, the prevailing party is entitled to seek their reasonable attorneys’ fees and costs incurred with procuring the Order.