An arbitration clause is a contract clause that binds signers to handle all disputes with a company through arbitration instead of going through the litigation process. Most importantly, it helps prevent class-action lawsuits.
Arbitration agreements are common in consumer contracts and employment contracts, but they can be proposed additions to any contract negotiation in which one or both parties would like to head off the possibility of a future lawsuit.
Arbitration has four types of functions: resolving contractual disputes between management and labor, addressing interests of different parties in bargaining situations such as public sector labor relations, settling litigated claims through court-annexed programs, and resolving community disputes.
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.
In turn, the standard LCIA arbitration clause reads as follows: “Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be ...
The arbitration clause contained in the original agreement is still valid and mere execution of a settlement agreement would not make the dispute non-arbitrable.
Under Section 171.001 of the TAA, written agreements to arbitrate are generally valid and enforceable in Texas.
The parties agree to mediate, in good faith, any claim arising hereunder and to refrain from pursuing arbitration hereunder until the parties have met with a mediator. The parties agree to select and mediate any claim or controversy within sixty (60) days of the date the claim or controversy accrues or first arises.
“Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration in ance with the UNCITRAL Arbitration Rules as at present in force.”
For an arbitration agreement to be comprehensive, it must cover the points including a clear reference to arbitration, the seat of arbitration, the scope of dispute, the language of the arbitral tribunal, and the law that will govern the substantive and procedural aspects of the arbitration.