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The obvious advantage of including an arbitration clause in your contract before the dispute arises is that once the dispute does arise, you can force the dispute out of the court system, and you can force the other side to arbitrate.
Provisions implied in arbitration agreement. An arbitration agreement, unless a different intention is expressed therein, shall be deemed to include the provisions set out in the First Schedule in so far as they are applicable to the reference. 4. Agreement that arbitrators be appointed by the third party.
Under the Federal Arbitration Act, arbitration agreements involving foreign commerce or interstate commerce are considered valid, irrevocable, and enforceable, except when there are legal or equitable grounds to revoke the contract.
When an arbitration clause allows for dispute resolution through arbitration or litigation, it will be invalid by its nature. The legal effect of this invalidity is that it fails to preclude the jurisdiction of the people's court.
The place of the arbitration shall be city, state, and state law shall apply. We further agree that we will faithfully observe this agreement and the rules, that we will abide by and perform any award rendered by the arbitrator(s), and that a judgment of any court having jurisdiction may be entered on the award.