Commercial Lease Arbitration for the United States

Commercial Lease Arbitration Template for United States

A Commercial Lease Arbitration agreement is a legal document governed by U.S. federal and state laws, particularly the Federal Arbitration Act, that establishes the framework for resolving disputes between commercial landlords and tenants through arbitration rather than litigation. The agreement specifies the procedures, scope, and requirements for arbitration proceedings, including arbitrator selection, cost allocation, and the binding nature of arbitration decisions.

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What is a Commercial Lease Arbitration?

Commercial Lease Arbitration agreements are essential tools in modern commercial real estate relationships, providing an efficient alternative to traditional court litigation. These agreements, governed by U.S. federal and state arbitration laws, are typically implemented when parties want to ensure faster, more cost-effective, and private dispute resolution. The document outlines specific procedures for initiating arbitration, selecting qualified arbitrators, and conducting proceedings, while ensuring compliance with both federal and state requirements. Commercial Lease Arbitration is particularly valuable for maintaining business relationships while addressing disputes, as it typically offers more flexibility and expertise than traditional court proceedings.

What sections should be included in a Commercial Lease Arbitration?

1. Parties: Identification of landlord, tenant, and any other relevant parties

2. Background/Recitals: Context of the lease and reason for arbitration agreement

3. Definitions: Key terms used throughout the agreement

4. Agreement to Arbitrate: Explicit consent to arbitration and scope of arbitrable matters

5. Arbitration Procedures: Process for initiating and conducting arbitration

6. Selection of Arbitrators: Process for choosing arbitrators and required qualifications

7. Governing Law: Applicable federal and state laws governing the arbitration

What sections are optional to include in a Commercial Lease Arbitration?

1. Pre-Arbitration Mediation: Required when parties want to attempt mediation before proceeding to arbitration

2. Cost Allocation: Specific provisions for how arbitration costs will be shared between parties

3. Confidentiality Provisions: Special requirements for maintaining confidentiality of arbitration proceedings

What schedules should be included in a Commercial Lease Arbitration?

1. Schedule A - Arbitration Rules: Detailed procedures and rules for the arbitration process

2. Schedule B - Arbitrator Qualifications: Specific requirements for arbitrator selection

3. Schedule C - Fee Schedule: Breakdown of arbitration costs and fees

4. Appendix 1 - Forms: Standard forms for initiating arbitration and related processes

5. Appendix 2 - Reference Lease: Copy of the original lease agreement being referenced

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: Primary federal law (9 U.S.C. ยงยง 1-16) governing arbitration agreements, establishing their validity and enforceability, and setting procedures for federal arbitration in interstate commerce

Americans with Disabilities Act: Federal law requiring commercial properties to be accessible to individuals with disabilities, which must be considered in commercial lease disputes

Fair Housing Act: Federal law prohibiting discrimination in real estate transactions, which may impact commercial lease arbitration in mixed-use properties

State Arbitration Laws: State-specific statutes governing arbitration procedures and requirements, which must be considered alongside federal regulations

State Property Laws: State-specific landlord-tenant laws, commercial real estate regulations, and building codes that affect commercial lease relationships

AAA Commercial Rules: American Arbitration Association's specific rules and procedures for commercial arbitration, widely used in lease disputes

JAMS Rules and Procedures: Alternative set of arbitration rules and procedures provided by JAMS (Judicial Arbitration and Mediation Services) for commercial disputes

Environmental Regulations: Federal and state environmental laws that may impact commercial property usage and lease agreements

Enforceability Requirements: Legal requirements for arbitration agreements including clear consent, scope definition, arbitrator selection, and jurisdiction specifications

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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