This arbitration agreement is executed contemporaneously with, and as an Inducement and consideration for, an Installment or sales contract for the purchase of a manufactured home. It provides that all claims or disputes arising out of or relating in any way to the sale, purchase, or occupancy of manufactured home resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. This Agreement is an election to resolve claims, disputes, and controversies by arbitration rather than the judicial process. The parties waive any right to a court trial.
Alabama Arbitration Agreement
Category:
State:
Multi-State
Control #:
US-00416-1
Format:
Word;
Rich Text
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FAQ
Takeaway. When there is any dispute as to the validity of an arbitration agreement, parties shall decide whether they should go to the court or the arbitral tribunal by considering whether it is clear on the evidence and the construction of the agreements on the question of jurisdiction.
The arbitration agreement is valid only if signed by parties with full civil act capacity, and such parties must be competent, specifically: A person with full civil act capacity is at least 18 years old and does not lose or limit her/his civil act capacity or difficulties in perception, mastery of acts.
If an employee can show some substantial relationship between the fraud committed or the misrepresentation made by the employer and the arbitration agreement, a court will void the agreement.
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.
"Arbitration agreement" is an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not.
"Arbitration agreement" is an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not.
Arbitrationan introduction to the key features of arbitrationParty autonomy and procedural flexibility.Choice of seat or forum.Choice of decision makersthe arbitral tribunal.Privity and joinder.Separability of the arbitration agreement.Confidentiality and privacy in arbitration.More items...
Filing Fee - For arbitration at the Alabama REALTORS®, both the Complainant and Respondent must each pay a $250 filing fee for a total of $500. If the parties attempt mediation and resolve their dispute the filing fees will be refunded to the parties.
Thus, in order for the Arbitration Clause to be enforceable, it must be clear that the parties mutually agreed to Arbitration as an alternate forum, that the parties are affirmatively waiving any right to proceed in State Court, and finally, that the parties are waiving a right to a Trial by jury.
A defendant can waive the arbitration requirement by engaging in a court litigation that the consumer initiates, by refusing to pay arbitration fees or refusing to participate in the arbitration, or (according to some courts) by initiating collection litigation in a public forum against the consumer prior to the