Arbitration Submission Agreement for the United States

Arbitration Submission Agreement Template for United States

An Arbitration Submission Agreement is a formal contract between parties who have agreed to submit an existing dispute to arbitration. Under U.S. law, particularly the Federal Arbitration Act, this agreement establishes the framework for resolving disputes through arbitration rather than litigation. It defines the scope of the arbitration, appointment of arbitrators, applicable procedures, and other essential terms governing the arbitration process.

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What is a Arbitration Submission Agreement?

The Arbitration Submission Agreement is used when parties have a dispute but no pre-existing arbitration clause, or when they wish to modify their existing arbitration arrangements. This document, governed by U.S. federal and state arbitration laws, specifies the precise terms under which the arbitration will proceed. The agreement typically includes details about the dispute's scope, arbitrator selection, procedural rules, costs, and the binding nature of the award. Unlike pre-dispute arbitration clauses, this agreement is created after a dispute has arisen, allowing parties to tailor the arbitration process to their specific situation.

What sections should be included in a Arbitration Submission Agreement?

1. Parties: Identification and details of parties entering into the arbitration agreement

2. Background: Context of the dispute and reason for arbitration

3. Definitions: Key terms used throughout the agreement

4. Scope of Arbitration: Specific matters to be submitted to arbitration

5. Appointment of Arbitrators: Process and criteria for selecting arbitrators

6. Arbitration Procedures: Rules and procedures governing the arbitration process

7. Governing Law: Law applicable to the arbitration and reference to Federal Arbitration Act compliance

What sections are optional to include in a Arbitration Submission Agreement?

1. Costs and Fees: Allocation of arbitration costs and legal fees between parties

2. Confidentiality: Provisions for maintaining confidentiality of proceedings and documentation

3. Discovery Provisions: Rules regarding information exchange and discovery process

What schedules should be included in a Arbitration Submission Agreement?

1. Schedule of Disputed Matters: Detailed list of issues to be arbitrated and specific claims

2. Arbitrator Qualifications: Specific requirements and qualifications for arbitrator selection

3. Procedural Timeline: Proposed schedule and key deadlines for arbitration proceedings

4. Institutional Rules: Applicable arbitration institution rules (if using institutional arbitration)

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Cost

Free to use
Industries

Federal Arbitration Act (FAA): Primary federal law (9 U.S.C. ยงยง 1-16) establishing validity and enforceability of arbitration agreements, setting basic procedural requirements, and governing interstate commerce arbitration

New York Convention: Convention on the Recognition and Enforcement of Foreign Arbitral Awards - crucial for international arbitration elements and enforcement of awards across borders

State Arbitration Laws: State-specific arbitration statutes including Uniform Arbitration Act variations that may provide additional procedural requirements and enforcement mechanisms

Institutional Arbitration Rules: Procedural rules of arbitration institutions (such as AAA, JAMS) that may be incorporated into the agreement

Federal Rules of Civil Procedure: Reference framework for procedural aspects, particularly relevant for enforcement and court interactions

Contract Law Principles: Fundamental principles including formation requirements, consideration, and capacity of parties that affect the validity of the arbitration agreement

Due Process Requirements: Constitutional and procedural safeguards including notice provisions and requirements for fairness in proceedings

Subject Matter Arbitrability Rules: Regulations determining which matters can be legally subjected to arbitration, including public policy considerations and restrictions

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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