Alaska Arbitration Reference Clause

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Multi-State
Control #:
US-TS10042A
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This form is an Arbitration Reference Clause usable to compel arbitration in contracts where licensing, patents, or commercial trade secrets are a factor.

The Alaska Arbitration Reference Clause refers to a legal provision commonly included in contracts and agreements where parties involved agree to resolve any disputes through arbitration in Alaska. This clause establishes that arbitration will be the chosen method for settling conflicts, instead of resorting to traditional litigation in court. The Alaska Arbitration Reference Clause proves to be a valuable measure as it promotes a more efficient and cost-effective dispute resolution process. It allows parties to avoid lengthy and expensive court procedures by appointing a neutral third-party arbitrator or panel to hear and resolve their disputes. There are various types of Alaska Arbitration Reference Clauses, each offering flexibility and customization to best suit the needs of the contracting parties. Some commonly used clauses include: 1. Mandatory Arbitration Clause: This type of clause explicitly requires parties to submit their disputes to arbitration. It outlines that all issues arising from the contract must be resolved through arbitration in Alaska, essentially making arbitration the only available option for dispute resolution. 2. Voluntary Arbitration Clause: Unlike the mandatory clause, the voluntary arbitration clause provides an option for parties to agree to arbitration as a means of dispute resolution. It allows parties to mutually decide whether they want to pursue litigation or arbitration. 3. Single Arbitrator Clause: This clause specifies that a single arbitrator will be responsible for reviewing and resolving the dispute. The parties involved usually agree on the selection process and qualifications of the arbitrator. 4. Multi-Arbitrator Clause: In some cases, parties may opt for a multi-arbitrator clause, which involves appointing multiple arbitrators to hear the dispute. The number of arbitrators can vary, and typically the clause outlines the appointment process and the preferred qualifications of the arbitrators. 5. Institutional Arbitration Clause: This clause refers to utilizing an established arbitration institution, such as the Alaska International Arbitration Center, to administer the arbitration process. It ensures a well-defined procedure, rules, and administration for the arbitration, providing parties with a structured framework for resolution. Overall, the Alaska Arbitration Reference Clause serves as a crucial component of contracts and agreements, allowing parties to choose arbitration as a preferred method for resolving disputes in Alaska. By specifying the type of clause relevant to their situation, the parties can establish a clear mechanism for addressing conflicts efficiently and effectively.

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FAQ

(5) The reference in a contract to a document containing an arbitration clause constitutes an arbitration agreement if the contract is in writing and the reference is such as to make that arbitration clause part of the contract.

The legal term for referring an issue to arbitration is. Submission. the decision of the arbitrator is an. award.

Parties can become involved in the arbitration process in one of three ways: judicial arbitration, contractual arbitration or by stipulation. Judicial arbitration is a statutory procedure (Code of Civil Procedure §§1141.10, et seq.) by which certain types of cases are directed to nonbinding arbitration before trial.

In any event, the takeaway is that when an arbitration clause is to be incorporated by reference, the principal contract should expressly state that fact in order to assure that the arbitration provision will be given full effect.

The Terms of Reference are a contractual instrument signed by the parties and the arbitrators after the arbitral tribunal is constituted. Its main objective is to define the dispute in a clear manner and to evidence the agreement of the parties in regard to procedural matters.

--(1) Where any industrial dispute exists or is apprehended and the employer and the workmen agree to refer the dispute to arbitration, they may, at any time before the dispute has been referred under section 10 to a Labour Court or Tribunal or National Tribunal, by a written agreement, refer the dispute to arbitration ...

First, any valid arbitration agreement must reflect the conscious, mutual and free will of the parties to resort to arbitration and not to other means of dispute resolution, including State courts. The consent of both parties to submit their dispute to arbitration is the cornerstone of arbitration.

An existing dispute can be referred to arbitration by means of a submission agreement between the parties. In contrast to mediation, a party cannot unilaterally withdraw from arbitration. Under the WIPO Arbitration Rules, the parties can select a sole arbitrator together.

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Digest: The Agency will order the parties to arbitrate the arbitrability of their dispute where their collective bargaining agreement contains a broad clause ... The arbitration request must be filed together with the appeal from the procurement officer's decision required by AS 36.30.625. (b) The arbitration request ...... the AAA may, on proof satisfactory to it, declare the office vacant. Vacancies shall be filled in accordance with the applicable provisions of these rules. (b) ... (b) If the total amount of the claim and any counterclaim is more than $1,000,000, and the agency agrees to arbitration, the commissioner may refer the appeal ... If an agreement falls under the FAA, the Alaska state court applies the federal standard for arbitrability when determining whether to compel or stay ... Online filing is a convenient way to file an arbitration claim. FINRA will make copies of your documents to serve on the respondents and for the arbitrators. Principle 1: The core of a citation to a codified federal statutory provision consists of three elements: Element (a) - The title number followed by a space and ... Jun 23, 2023 — Under the delegation clause, only an arbitrator could decide if there is merit to Respondent's contention that the sec- ond contract narrowed ... Complete check-in for your trip. Confirmation code: CONFCD. NEW! Not changing ... In addition, Alaska may sell tickets operated by one or more of our ... Jul 27, 2017 — asserts that the contract and the arbitration clause constitute a “constructive fraud” and that the arbitration provision is therefore voidable.

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Alaska Arbitration Reference Clause