This form is an Arbitration Agreement. The form provides that the agreement is an election to resolve claims, disputes, and controversies by arbitration rather than the judicial process.
Arizona Arbitration Agreement - Future Dispute
Category:
State:
Multi-State
Control #:
US-00416-2
Format:
Word;
Rich Text
Instant download
Description
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FAQ
Yes, it is possible for arbitration clauses to apply to claims that predate the contract containing the arbitration clause at issue. Retroactive application of an arbitration clause depends on the language of the arbitration provision and applicable substantive law.
You Can Be Compelled to Arbitrate Based on an Agreement You Didn't Sign. As a general rule, parties cannot be forced to arbitrate a dispute unless they signed a clear and binding agreement to arbitrate.
In 1991, the Supreme Court reaffirmed the position that an arbitration clause may survive expiration of the agreement containing the clause.
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.
In a nutshell, it can be concluded that claiming of arbitration clause after dispute varies according to situation. If the parties are not satisfied with the decision of mediation, conciliation or negotiation than they can opt for arbitration.
Under the Armendariz standards, an arbitration agreement will not be enforced in California if it is both "procedurally unconscionable" and "substantively unconscionable." Any arbitration agreement required as a condition of employment (i.e., any mandatory arbitration agreement) is automatically considered procedurally
The arbitration agreement is valid only if signed by parties with full civil act capacity, and such parties must be competent, specifically: (i) 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.
Following Lead of Federal Rulings, State Appeals Court OKs Retroactive Application of Arbitration Agreements. The Washington State Court of Appeals, confronting the issue for the first time and taking cues from several federal courts, has ruled that arbitration agreements can be applied retroactively.
As a form of alternative dispute resolution, arbitration proceedings can either be binding or non-binding. The former simply means the decision is final and enforceable, while the latter that the arbitrator's ruling is advisory and can only be applied if both parties agree to it.
