Arbitration is an alternative means of settling a dispute by impartial persons without proceeding to a court trial. It is sometimes preferred as a means of settling a matter in order to avoid the expense, delay, and acrimony of litigation. There is no discovery and there are simplified rules of evidence in arbitration. The arbitrator or arbitrators are selected directly by the parties or are chosen in accordance with the terms of a contract in which the parties have agreed to use a court-ordered arbitrator or an arbitrator from the American Arbitration Association. If there is no contract, usually each party chooses an arbitrator and the two arbitrators select a third to comprise the panel. When parties submit to arbitration, they agree to be bound by and comply with the arbitrators' decision. The arbitrators' decision is given after an informal proceeding where each side presents evidence and witnesses. Arbitration hearings usually last only a few hours and the opinions are not public record. Arbitration has long been used in labor, construction, and securities regulation, but is now gaining popularity in other business disputes.
An Alaska Agreement to Submit to Arbitration — General is a legal document that outlines the parties' consent to resolve any disputes or conflicts through arbitration rather than going to court. It aids in avoiding the lengthy and costly litigation process by providing a more efficient and private means of resolving issues. In Alaska, there are various types of Agreement to Submit to Arbitration — General, including: 1. Employment Agreement to Submit to Arbitration — General: This type of agreement is commonly used in the employment sector, where employers and employees agree to settle any workplace-related disputes through arbitration. It covers issues such as wrongful termination, harassment, discrimination, or breach of contract. 2. Business Agreement to Submit to Arbitration — General: This form of agreement is often used in commercial contracts between businesses or corporations. It governs the resolution of contractual disputes arising from sales, services, partnerships, or any business-related matters. 3. Construction Agreement to Submit to Arbitration — General: Construction projects often involve complex agreements, and this specific type ensures that conflicts or claims arising from construction contracts are resolved through arbitration. It covers disputes related to delays, defects, change orders, or payment issues. 4. Consumer Agreement to Submit to Arbitration — General: This type of agreement is encountered in consumer transactions, such as online purchases, banking, or insurance services. It requires consumers to agree to arbitration as the preferred method to settle disputes with businesses, offering a more streamlined process for both parties. 5. Real Estate Agreement to Submit to Arbitration — General: In the real estate industry, this agreement is used to settle disputes between buyers, sellers, agents, brokers, or landlords and tenants. It covers issues like property damage, non-disclosure, eviction, or contract breaches. Key elements typically included in an Alaska Agreement to Submit to Arbitration — General are as follows: a. Identification of Parties: The agreement clearly identifies the individuals or entities involved, including their addresses and contact information. b. Arbitration Clause: This section states the intent of the parties to submit any disputes arising from their relationship to binding arbitration. It may specify the rules and procedures to be followed during arbitration, such as the choice of a specific arbitration institution or the appointment of an arbitrator. c. Scope of Disputes: The agreement defines the types of conflicts that will be subject to arbitration, ensuring that all potential issues are covered. d. Waiver of Litigation: It explicitly states the parties' decision to waive their right to pursue litigation in court, emphasizing the commitment to arbitration as the primary method of dispute resolution. e. Governing Law: The agreement may specify the governing law that will apply to the interpretation and enforcement of the arbitration agreement itself. f. Severability: This provision states that if any part of the arbitration agreement is deemed unenforceable, the remainder of the agreement remains valid. g. Execution and Date: The agreement must be signed and dated by all parties involved to indicate their consent and understanding of the terms outlined. In conclusion, an Alaska Agreement to Submit to Arbitration — General is a versatile legal instrument employed in various industries to ensure a streamlined and more cost-effective resolution of disputes. By consciously opting for arbitration, parties agree to minimize legal complexities and maintain confidentiality while seeking a fair resolution.
