Arbitration Submission Agreement Template for England and Wales

An Arbitration Submission Agreement is a crucial legal document that allows you to resolve disputes through arbitration when no pre-existing arbitration clause governs your relationship. This agreement becomes essential when you and another party wish to avoid costly and time-consuming court litigation, instead opting for a private, binding arbitration process tailored to your specific dispute.

When do you need this document?

You'll need an Arbitration Submission Agreement when a dispute has already arisen between you and another party, but your original contract lacks an arbitration clause. This commonly occurs in business partnerships where disagreements emerge over profit sharing, contract performance, or strategic decisions. The document is also essential when you want to modify existing arbitration arrangements to better suit the specific nature of your current dispute. Additionally, you may require this agreement when dealing with employment disputes, construction disagreements, or commercial transactions where traditional litigation would be prohibitively expensive or time-consuming.

Key legal considerations

Several critical legal elements must be carefully addressed in your Arbitration Submission Agreement. The scope of arbitration clause defines exactly which issues will be subject to arbitration, preventing future disputes about what matters the arbitrator can decide. Arbitrator selection provisions establish whether you'll use a single arbitrator or a panel, their qualifications, and the appointment process. You must also specify which arbitration rules will govern the proceedings, such as those from the American Arbitration Association or JAMS. Cost allocation clauses determine who pays for arbitrator fees, administrative costs, and legal expenses. The agreement should clearly state that the arbitration award will be final and binding, limiting grounds for appeal. Discovery limitations help control costs and timeframes, while confidentiality provisions protect sensitive business information from public disclosure.

Legal requirements in United States

Under United States law, your Arbitration Submission Agreement must comply with the Federal Arbitration Act, which governs arbitration agreements involving interstate commerce and ensures enforceability across state lines. The agreement must demonstrate mutual consent from all parties, with clear evidence that each party voluntarily agrees to submit their dispute to arbitration. State arbitration laws may impose additional requirements, particularly regarding notice provisions, arbitrator qualifications, and procedural safeguards. The document must specify the governing law that will apply to both the arbitration proceedings and the underlying dispute. For international elements, compliance with the New York Convention ensures enforceability of any resulting arbitration award in other countries. The agreement should also address jurisdictional issues, particularly when parties are located in different states, and ensure compliance with any applicable institutional arbitration rules that will govern the proceedings.