Waiver Of Arbitration Agreement for the United States

Waiver Of Arbitration Agreement Template for United States

A Waiver of Arbitration Agreement is a legal document used in the United States that formally revokes previously agreed-upon arbitration provisions. This document must comply with both federal laws (particularly the Federal Arbitration Act) and applicable state laws. It serves to document both parties' voluntary agreement to forego arbitration and instead allow disputes to be resolved through other means, typically through the court system. The document must clearly establish the knowing and voluntary nature of the waiver to be enforceable under U.S. law.

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What is a Waiver Of Arbitration Agreement?

A Waiver of Arbitration Agreement is utilized when parties who previously agreed to resolve disputes through arbitration mutually decide to abandon this arrangement. This document is particularly relevant in employment contexts, consumer contracts, or business relationships where mandatory arbitration was initially required. The waiver must be carefully drafted to ensure compliance with the Federal Arbitration Act and state laws, as courts scrutinize such waivers carefully. When drafting a Waiver of Arbitration Agreement, it's essential to clearly document the voluntary nature of the waiver and include specific acknowledgments of the rights being foregone.

What sections should be included in a Waiver Of Arbitration Agreement?

1. Parties: Identification of all parties involved in the waiver

2. Background: Context of the original arbitration agreement and reason for waiver

3. Definitions: Key terms used in the waiver document

4. Waiver Declaration: Express statement of waiver of arbitration rights

5. Acknowledgment of Rights: Statement acknowledging understanding of rights being waived

6. Governing Law: Applicable law governing the waiver

7. Signatures: Execution block for all parties

What sections are optional to include in a Waiver Of Arbitration Agreement?

1. Alternative Dispute Resolution: Preferred method of dispute resolution after waiving arbitration - include when parties wish to specify an alternative dispute resolution method

2. Scope of Waiver: Specific claims or disputes covered by the waiver - include when waiver applies to specific claims only

3. Consideration: Any consideration provided for the waiver - include when consideration is being exchanged for the waiver

What schedules should be included in a Waiver Of Arbitration Agreement?

1. Original Arbitration Agreement: Copy of the original arbitration agreement being waived

2. Legal Rights Notice: Detailed explanation of legal rights being waived

3. Related Agreements: Any other relevant agreements affected by the waiver

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

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U.S.-governed employment agreement establishing mandatory arbitration as the primary dispute resolution method, compliant with federal and state requirements.

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What is a Waiver Of Arbitration Agreement?

What sections should be included in a Waiver Of Arbitration Agreement?

What sections are optional to include in a Waiver Of Arbitration Agreement?

What schedules should be included in a Waiver Of Arbitration Agreement?

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Alex Denne

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