Clean card in the Arbitration Agreement Template in a few clicks

Aug 6th, 2022
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All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of [insert state in which parties agree to arbitrate] or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction.
Townsend identifies seven deadly sins of an arbitration clause: equivocation, inattention, omission, over-specificity, unrealistic expectations, litigation envy, overdocHubing.
Example 1. Arbitration. All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of [insert state in which parties agree to arbitrate] or another location mutually agreeable to the parties.
Drafting an Effective Arbitration Clause Clear and Precise Language: Avoid complex legal jargon that could lead to misinterpretation. Use straightforward terms to outline the process. 2. Scope of Disputes: Explain the types of disputes covered and any exceptions to ensure all parties agree.
To draft a valid arbitration agreement, parties should also be conscious of the requirements imposed on specific parties or the inarbitrability of certain disputes. Some countries may impose requirements such as a formal authorisation for State entities to enter into arbitration agreements.
Use a model clause. Choose a suitable seat of arbitration with the necessary legal infrastructure. Consider the number of arbitrators based on the types of disputes that might arise. Decide whether to require non-binding alternative dispute resolution processes before commencing arbitration.
The Scope of the Clause. This section of the clause is critical; it sets the boundaries for which disputes the tribunal is authorised to determine. Choice of Rules. The Number of Arbitrators. Appointing Authority. Choice of Venue. The language of the proceedings. Finality. Exclusion of the right of appeal.
In general, a Request for Arbitration or a Notice of Arbitration must contain the names of each of the parties, the names of the parties representatives, a description of the dispute giving rise to claims, a statement of the relief sought, a description of the agreement containing the arbitration clause, the choice of
[The arbitration shall be conducted by a single arbitrator.] The arbitration shall be held in [city]. The arbitration shall proceed in ance with the provisions of the Arbitration Act (province). The decision arrived at by the arbitrator(s) shall be final and binding and no appeal shall lie therefrom.
Parties should treat the arbitration clause as a key element of the contract and take care to obtain appropriate legal advice when the contract is being negotiated to ensure the arbitration agreement is binding, fit for purpose, and that any corresponding arbitration award is enforceable.

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