“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.
A whereas clause is a statement that is used in legal documents, such as contracts or agreements, to provide background information or context for the document. It typically begins with the word "whereas" and is followed by a description of the situation or circumstances that led to the creation of the document.
We noted that arbitration clauses are made before any dispute arises. Submission agreements, however, are agreements to arbitrate made after the dispute has arisen.
We noted that arbitration clauses are made before any dispute arises. Submission agreements, however, are agreements to arbitrate made after the dispute has arisen.
Rule 1.110(303.3) 'Whereas' clause of contract is prefatory, not binding.
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.
Each “whereas” clause should begin with that word in bold and all caps, followed by a comma, followed by a finding or declaration of fact, followed by a semicolon, followed by either “AND” (if LastupdatedAugust2017 Page 2 Page2 there are more “whereas” clauses after the current one) or “NOW BE IT THEREFORE” ...
In a legal document, the word "whereas" is often used to introduce recitals or background information that provides context for the main provisions of the document. The recitals typically describe the parties to the agreement, their respective interests, and the purpose and context of the agreement.
At the beginning of many contracts is a series of clauses beginning with “Whereas.” Besides giving us lawyers a chance to use a fancy word, these phrases actually have a purpose. They are called the “Recitals,” and they are used to provide context to the agreement.