The Mutual Arbitration Provision serves as a critical legal framework for establishing clear dispute resolution procedures between parties in the United States. This document is commonly used when parties wish to avoid potentially lengthy and costly court proceedings by agreeing to resolve disputes through arbitration. The provision must comply with both federal laws (particularly the Federal Arbitration Act) and applicable state laws. It typically outlines the scope of covered disputes, arbitration procedures, cost allocation, and any specific exclusions. Recent legislative developments, such as the Ending Forced Arbitration Act of 2021, have impacted the scope of these provisions, particularly regarding sexual harassment claims.
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1. Parties: Identification of all parties entering into the arbitration agreement
2. Background: Context and purpose of the arbitration agreement
3. Definitions: Key terms used throughout the agreement
4. Scope of Arbitration: Detailed description of what disputes are covered by the agreement and which are excluded
5. Arbitration Procedures: Process for initiating and conducting arbitration, including selection of arbitrators
6. Cost Allocation: How arbitration costs and fees will be shared between parties
7. Governing Law: Specification of applicable law and jurisdiction
1. Class Action Waiver: Waiver of right to participate in class or collective actions
2. Confidentiality Provisions: Terms regarding the confidentiality of arbitration proceedings and outcomes
3. Discovery Procedures: Specific rules about information exchange during arbitration
4. Severability: Provision ensuring that if any part of the agreement is found invalid, the rest remains enforceable
1. Schedule A - Arbitration Rules: Detailed procedures and rules for conducting the arbitration
2. Schedule B - Fee Schedule: Detailed breakdown of arbitration costs and fee allocation
3. Appendix 1 - Excluded Claims: Comprehensive list of claims specifically excluded from arbitration
4. Appendix 2 - Forms: Standard forms for initiating arbitration and related procedures
Relevant legal definitions
Arbitration
Award
Claim
Claimant
Dispute
Effective Date
Excluded Claims
Governing Law
Mediation
Notice of Arbitration
Parties
Respondent
Rules
Tribunal
Arbitrator
Covered Claims
Class Action
Representative Action
Collective Action
Discovery
Written Notice
Business Day
Confidential Information
Costs
Fees
Hearing
Jurisdiction
Service
Venue
Clauses
Agreement to Arbitrate
Scope of Arbitration
Waiver of Right to Court Proceedings
Class Action Waiver
Arbitrator Selection
Arbitration Procedures
Notice Requirements
Cost Allocation
Confidentiality
Severability
Governing Law
Venue
Discovery
Time Limitations
Awards and Enforcement
Modification
Opt-Out Rights
Survival
Integration
Exclusions from Arbitration
Attorney Fees
Emergency Relief
Appeals
Representation Rights
Acknowledgment
Relevant Industries
Relevant Teams
Relevant Roles
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