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If you decide to include an arbitration clause in your legal agreement, you should do the following to make sure that your clause will be enforceable: Mention the clause early on. Provide users with a way to opt-out. Create a binding agreement with the clickwrap method. Be reasonable with your arbitrator choices.

The obvious advantage of including an arbitration clause in your contract before the dispute arises is that once the dispute does arise, you can force the dispute out of the court system, and you can force the other side to arbitrate.

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.

In the event a dispute shall arise between the parties to this contract, lease, etc., it is hereby agreed that the dispute shall be referred to United States Arbitration & Mediation for arbitration in ance with United States Arbitration & Mediation Rules of 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.

Necessary Elements Details of the Parties. Details of the relationship between the parties. Demand for Arbitration. The mention of agreement/contract (if any). The mention of already existing arbitration agreement between the parties pursuant to which the concerned notice of arbitration has been sent (if any).

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.

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.

Once the arbitral authority and corresponding rules are selected, the parties should use the model clause recommended by that institution or entity as a starting point for drafting their arbitration clause to ensure that all the elements required to make an arbitration agreement valid, enforceable and effective are ...