This form is an Arbitration Reference Clause usable to compel arbitration in contracts where licensing, patents, or commercial trade secrets are a factor.
This form is an Arbitration Reference Clause usable to compel arbitration in contracts where licensing, patents, or commercial trade secrets are a factor.
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Examples of alternative dispute resolution include mediation and arbitration, both of which avoid the courtroom while attempting to resolve disputes between two parties.
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.
Drafting of Dispute Resolution Clauses. Dispute resolution clauses in any contract should be comprehensive and shall be in line with applicable Act or Rule being followed by the parties. All the portions where there are chances of dispute shall be linked to dispute resolution clause.
A mandatory arbitration agreement should identify the rules, procedures, and evidentiary guidelines to be applied. Many agreements opt for a particular forum's rules and procedures. If there are any rules that the parties want to opt out of (e.g., a limitation on discovery), state as much in the arbitration agreement.
To make the agreement appear more fair, some companies include a provision that allows you to opt out of the arbitration clause by sending them a letter, usually within a short time after you enter the contract.