Retail Installment Contract Agreement With Arbitration Provision In Fairfax
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A Written Agreement to Resolve Disputes by the Use of Impartial Arbitration. Such a provision may be inserted in a contract for resolution of future disputes or may be an agreement to submit to arbitration an existing dispute.
In some instances, you may be able to sue if you signed a valid arbitration agreement. While courts generally favor arbitration agreements, they will allow you to file a lawsuit if either you didn't understand your rights or your claims fall outside the arbitration provision's scope.
A written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit to arbitration any controversy thereafter arising between the parties is valid, enforceable and irrevocable, except upon such grounds as exist at law or in equity for the revocation of any contract.
The parties should consider adding: “The number of arbitrators shall be (one or three)”; • “The place of arbitration shall be city, (province or state), country”; • “The language(s) of the arbitration shall be ___.” The model negotiation-arbitration clause above provides a single negotiation “step”.
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.