The Arbitration Addendum serves as a crucial modification to existing agreements, implementing alternative dispute resolution mechanisms. This document type is commonly used when parties wish to avoid costly and time-consuming court litigation by agreeing to resolve disputes through arbitration. Under U.S. jurisdiction, particularly governed by the Federal Arbitration Act, the Arbitration Addendum must clearly outline the scope of arbitrable matters, procedures for arbitrator selection, and other essential elements to ensure enforceability. It's particularly valuable for businesses seeking to manage risk and reduce potential litigation costs across various types of commercial relationships.
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1. Parties: Identification of all parties bound by the arbitration agreement
2. Background: Context of the arbitration agreement and its relationship to the main agreement
3. Definitions: Key terms used in the arbitration agreement including 'Arbitration', 'Dispute', 'Award'
4. Scope of Arbitration: Detailed description of what disputes are covered by and excluded from the arbitration agreement
5. Arbitration Process: Procedures for initiating and conducting arbitration, including notice requirements and timelines
6. Selection of Arbitrator: Process for choosing arbitrator(s), including number of arbitrators and selection procedure
7. Governing Law: Specification of applicable law governing the arbitration and jurisdiction
1. Class Action Waiver: Waiver of right to participate in class actions or collective proceedings
2. Cost Allocation: Specific provisions for how arbitration costs and fees will be shared between parties
3. Confidentiality: Provisions regarding confidentiality of arbitration proceedings and outcomes
1. Schedule A - Arbitration Rules: Detailed rules of chosen arbitration organization (e.g., AAA, JAMS)
2. Schedule B - Fee Schedule: Schedule of arbitration fees and cost allocation between parties
3. Schedule C - Arbitrator Qualifications: Specific requirements and qualifications for arbitrator selection
Relevant legal definitions
Clauses
Agreement to Arbitrate
Scope of Arbitration
Waiver of Jury Trial
Selection of Arbitrator
Governing Law
Venue
Confidentiality
Class Action Waiver
Cost Allocation
Notice Requirements
Discovery Rights
Award Enforcement
Severability
Amendment
Survival
Entire Agreement
Counterparts
Time Limits
Opt-Out Rights
Emergency Relief
Choice of Rules
Authority to Bind
Termination
Scope of Arbitration
Waiver of Jury Trial
Selection of Arbitrator
Governing Law
Venue
Confidentiality
Class Action Waiver
Cost Allocation
Notice Requirements
Discovery Rights
Award Enforcement
Severability
Amendment
Survival
Entire Agreement
Counterparts
Time Limits
Opt-Out Rights
Emergency Relief
Choice of Rules
Authority to Bind
Termination
Relevant Industries
Relevant Teams
Relevant Roles
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