The Arbitration Clause And Submission Agreement is essential when parties wish to resolve disputes outside the traditional court system. It complies with U.S. federal and state arbitration laws, particularly the Federal Arbitration Act, and can be used either prospectively in contracts or for existing disputes. The document typically includes provisions for arbitrator selection, procedural rules, cost allocation, and the scope of arbitrable matters. It's particularly valuable for maintaining confidentiality and achieving faster, more cost-effective dispute resolution compared to litigation.
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1. Parties: Identification of all parties entering into the arbitration agreement
2. Background/Recitals: Context and purpose of the arbitration agreement
3. Definitions: Key terms used throughout the agreement
4. Scope of Arbitration: Specific types of disputes covered by the agreement
5. Arbitration Rules and Procedures: Governing rules and procedures for the arbitration process
6. Appointment of Arbitrators: Process for selecting arbitrators and tribunal composition
7. Governing Law: Applicable law governing the arbitration agreement and proceedings
1. Class Action Waiver: Optional section for waiving right to participate in class actions, typically used in consumer or employment agreements
2. Costs and Fees: Optional section specifying the allocation of arbitration costs and fees between parties
3. Confidentiality: Optional section establishing confidentiality requirements for arbitration proceedings
4. Emergency Relief: Optional section detailing provisions for seeking emergency interim relief
1. Schedule A - Arbitration Rules: Detailed rules governing the arbitration process
2. Schedule B - Fee Schedule: Breakdown of arbitration fees and costs
3. Schedule C - Arbitrator Selection Process: Detailed procedure for selecting arbitrators
4. Appendix 1 - Notice Forms: Standard forms for initiating arbitration proceedings
5. Appendix 2 - Jurisdiction-Specific Requirements: Additional requirements based on applicable jurisdiction
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