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Arbitration clauses are frequently paired with class action waivers, which prevent contracting parties to file class action lawsuits against each other. In the United States, arbitration clauses also often include a provision which requires parties to waive their rights to a jury trial.

General Requirements for Arbitration Clauses Scope of the Clause: This section of the clause is crucial since it defines the kind of issues that can be referred to Arbitration. Clarity is required because an award issued on matters outside the scope of the provision will be unenforceable.

The parties should consider adding: “The number of arbitrators shall be (one or three)”; • “The place of arbitration shall be city, (province or state), country”; • “The language(s) of the arbitration shall be ___.” The model negotiation-arbitration clause above provides a single negotiation “step”.

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.

Documents: • Notice of Arbitration and/or a Statement of Claim explaining the nature of the dispute and the relief requested. • The contract with the arbitration clause that refers to the AAA or ICDR or the Submission agreement signed by. all parties. • Any supporting documents or exhibits.

A Notice of Request to Arbitrate must contain: the name, place of business (if any), and mailing address, telephone number, fax number, and email address of each party to the dispute if known; an address, fax number (if any), and email address (if any) for delivery of Documents to the claimant;

Alternatively, you can be more specific in your arbitration clause. For example, you can say that arbitration must take place in a specified state. You can also designate a specific arbitration agency to handle the arbitration. The agency you choose will also mostly determine the rules of the arbitration.

Generally, any qualified person, regardless of nationality, can be appointed as an arbitrator unless the parties agree otherwise. Parties can also mutually decide on the arbitrator's appointment.

In Tennessee, arbitration clauses must also comply with the Tennessee Uniform Arbitration Act (TUAA) (T.C.A. §§ 29-5-301 through 29-5-320). Arbitration agreements are presumptively valid, enforceable, and irrevocable in Tennessee (T.C.A.