Sample Arbitration Clause in Agreement
Please note that additional model clauses, including the Submission Agreement and the Multi-Level Clause, are available on the CpR`s website at www.cpradr.org/: "Any controversy or claim arising out of or in connection with this Agreement or its breach will be resolved by binding arbitration administered by Henning Mediation & Arbitration Service, Inc. (HMA) in accordance with its rules, and judgment on the arbitral award of the arbitrator(s) may be registered with any court of competent jurisdiction. thence. The arbitration hearing and all related proceedings will be held in Atlanta, Georgia. The arbitration will be conducted by one or more arbitrators selected by the parties to the HMA Panel of Arbitrators or, if they are unable to agree on the selection, by one or more arbitrators appointed by the HMA. The arbitration hearing shall be commenced within 90 days of the submission of a request for arbitration by one of the parties, and the award shall be rendered within 30 days of the conclusion of such a hearing. In proposing the contractual wording contained in this guide, JAMS does not provide any legal advice, but the legal effect of the clauses in question should be weighed by the parties in the specific context of the applicable law. The parties hereby submit the following dispute to mediation administered by the American Arbitration Association as part of its commercial mediation proceedings [the clause may also provide for the qualifications of the mediator(s), the method of apportionment of fees and expenses, the location of meetings, time limits, or other concerns for the parties]. In today`s highly competitive market, most companies can`t afford or don`t want to afford the time, cost, and negative business consequences of traditional litigation. Unfortunately, there is a risk of conflict in every business relationship through contractual agreements or business processes. When such conflicts arise, there is no need to bear the costs and costly delays associated with traditional litigation. There are readily available alternative dispute resolution procedures that allow you to resolve your disputes relatively quickly, fairly and at a lower cost.
Any dispute, controversy or claim arising out of or relating to this Agreement, including the establishment, interpretation, breach or termination of this Agreement, including whether the claims invoked are subject to arbitration, shall be submitted and finally resolved by arbitration in accordance with the Jams International Arbitration Rules. The tribunal shall be composed of [three arbitrators/one arbitrator]. The place of arbitration is [place]. The language to be used in arbitration is [language]. The judgment on the arbitral award of the arbitrator(s) may be entered in any court of competent jurisdiction. 9. Without prejudice to the availability of such remedies in support of arbitration available under the jurisdiction of a court of competent jurisdiction or other judicial authority, the arbitral tribunal shall have full power to issue interim security and award damages if either party fails to comply with the relevant orders of the arbitral tribunal. In Volt Information Sciences, Inc.
v Board of Trustees of Leland Stanford Junior University, 489 U.S. 468 (1989), the U.S. Supreme Court ruled that the Federal Arbitration Act ("FAA") does not prejudge the California Arbitration Act in an intergovernmental dispute in which the parties agreed that their contract would be governed by California law. Therefore, if the parties want to ensure that the FAA applies regardless of the legislation they have established on substantive issues, the arbitration clause should provide as follows: [11]. The parties agree that the arbitration shall be conducted in accordance with the IBA Rules of Evidence as they were in force at the time of [this Agreement/commencement of the arbitration]. The SCC`s website also includes model clauses that provide the following: Parties may also want to clarify in the arbitration clause: In recent years, criticism has become sharper that arbitration has become so costly and time-consuming that the distinction between arbitration and court proceedings has become blurred. In response, JAMS responded on January 6, 2010 to adopt the recommended arbitration discovery protocols for domestic commercial matters ("JAMS Discovery Protocols"), and on January 1, 2010. In October 2010, it amended the JAMS Arbitration Rules to add Rules 16.1 and 16.2. Rules 16.1 and 16.2 specify expedited arbitration, which may be included in the dispute settlement clause of the parties` commercial contract or in a post-judicial filing in arbitration.
Many of the changes brought about by expedited procedures are based on JAMS discovery protocols. .