This form is an Arbitration Reference Clause usable to compel arbitration in contracts where licensing, patents, or commercial trade secrets are a factor.
Florida Arbitration Reference Clause
State:
Multi-State
Control #:
US-TS10042A
Format:
Word;
PDF;
Rich Text
Instant download
Description
How to fill out Arbitration Reference Clause?
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FAQ
Well, not everyone can be appointed as an Arbitrator as there are some restrictions in place. Section 11(1) of the Arbitration and Conciliation Act, 1996[1], hereinafter referred to as the (Act), says that a person of any nationality can be appointed as an Arbitrator.
Unless otherwise provided in an agreement of the Parties, (1) an Arbitrator should not discuss a case with any Party in the absence of every other Party, except that if a Party fails to appear at a hearing after having been given due notice, the Arbitrator may discuss the case with any Party who is present; and (2) ...
Rule 1.820 Hearing Procedures for Non-Binding Arbitration The chief arbitrator shall havehas the authority to commence and adjourn the arbitration hearing and carry out other such duties as are prescribed by section 44.103, Florida Statutes.
Arbitration can only take place if both parties have agreed to it. In the case of future disputes arising under a contract, the parties insert an arbitration clause in the relevant contract. An existing dispute can be referred to arbitration by means of a submission agreement between the parties.
An arbitrator shall observe all administrative policies, local rules of court, applicable procedural rules, and statutes. An arbitrator is responsible to the judiciary for the propriety of the arbitrator's activities and must observe judicial standards of fidelity and diligence.
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.
An arbitration clause may make the arbitration either mandatory or voluntary. A dispute that is subject to mandatory arbitration must go through arbitration. In voluntary arbitration, both sides submit their disagreement to arbitration after it arises. Arbitration may or may not be binding.
