A collateral contract is a contract to enter into an future contract. Part of the consideration for the collateral contract is the promise to enter into the second contract. This is similar to a conditional contract whereby the consideration for one party is conditioned on the other party doing something.
Examples of collateral documents are a security agreement, guarantee and collateral agreement, pledge agreement, deposit account control agreement, securities account control agreement, mortgage, and UCC-1s.
A “submission agreement” (also called an “agreement to arbitrate”) is a written agreement between two parties that establishes the use of arbitration to settle a dispute (or any and all disputes) that may arise between them.
Submission Agreement: The Submission Agreement lists the parties in the arbitration case and confirms that FINRA will administer it. It also establishes that, if the case ends with a hearing, the parties all agree to abide by the arbitrators' decisions.
We noted that arbitration clauses are made before any dispute arises. Submission agreements, however, are agreements to arbitrate made after the dispute has arisen.
A “submission agreement” (also called an “agreement to arbitrate”) is a written agreement between two parties that establishes the use of arbitration to settle a dispute (or any and all disputes) that may arise between them.
“While arbitration clause is included within a written agreement between the parties, an arbitration agreement is an agreement made after a dispute has arisen between the parties.
We noted that arbitration clauses are made before any dispute arises. Submission agreements, however, are agreements to arbitrate made after the dispute has arisen.