Agreement Arbitration Sample With Class Action Waiver In Phoenix

State:
Multi-State
City:
Phoenix
Control #:
US-0009BG
Format:
Word; 
Rich Text
Instant download

Description

The Agreement to Arbitrate Online is a comprehensive legal document that facilitates online arbitration services between parties involved in a dispute. This form is particularly relevant for individuals or businesses in Phoenix, as it includes a class action waiver, preventing parties from conducting class actions within the arbitration framework. Key features include the submission of disputes to a designated arbitrator, the stipulation that no oral presentations will occur, and the inclusion of provisions for sharing arbitration-related expenses. Parties remain bound by the arbitrator's decisions, which are final and enforceable in the state court. It also outlines the governing laws, necessary notifications, and the means of executing and modifying the Agreement. This form is essential for attorneys, partners, and legal professionals as it streamlines dispute resolution processes while ensuring compliance with arbitration laws. By using this form, legal practitioners can effectively advise clients on arbitration avenues without engaging in lengthy court procedures.
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FAQ

See 9 U.S.C. § 1. In Concepcion, the U.S. Supreme Court ruled that class action waivers in arbitration agreements are enforceable.

Arizona generally recognizes arbitration agreements as enforceable and irrevocable contracts, absent legal or equitable reasons to justify their unenforceability, where the following elements are present: (1) a mutuality of obligation; (2) formal requirements such as writing and signature; (3) consideration by both ...

"A dispute having arisen between the parties concerning , the parties hereby agree that the dispute shall be referred to and finally resolved by arbitration under the LCIA Rules. The number of arbitrators shall be one/three. The seat, or legal place, of arbitration shall be City and/or Country.

An arbitration clause should clearly set forth (1) whether the submission of a dispute to arbitration is mandatory or optional, (2) what disputes will be arbitrated, (3) whether a court or arbitrator will decide whether the arbitration agreement is enforceable, (4) the rules that will govern the arbitration, (5) ...

“Any dispute arising out of or incidental or in connection with this Contract / Agreement, including any question regarding its existence, operation, termination, validity or breach thereof, shall be referred to and finally resolved by Arbitration administered by 'Hyderabad Arbitration Centre' (HAC), in ance with ...

"A dispute having arisen between the parties concerning , the parties hereby agree that the dispute shall be referred to and finally resolved by arbitration under the LCIA Rules. The number of arbitrators shall be one/three. The seat, or legal place, of arbitration shall be City and/or Country.

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.

An example of a mandatory arbitration clause UberEATS imposes on its delivery workers: “This Arbitration Provision requires all such claims to be resolved only by an arbitrator through final and binding individual arbitration and not by way of court or jury trial.”

A class action waiver is what it sounds like: it is a clause in your Terms & Conditions (T&C) agreement that prevents the user from bringing claims by way of a class action lawsuit.

1 In the context of arbitration, waiver occurs when a party consciously and intentionally gives up its right to arbitrate a particular dispute, thereby choosing litigation as the preferred method of dispute resolution.

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Agreement Arbitration Sample With Class Action Waiver In Phoenix