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The wording of an arbitration clause should include key elements such as an agreement to arbitrate, the types of disputes covered, and reference to the relevant arbitration rules. For example: 'All disputes related to the Georgia Agreement to Arbitrate Disputed Open Account shall be resolved through binding arbitration, conducted in accordance with the rules of the American Arbitration Association.' This wording ensures clarity and enforceability.
A mandatory arbitration agreement should identify the rules, procedures, and evidentiary guidelines to be applied. Many agreements opt for a particular forum's rules and procedures. If there are any rules that the parties want to opt out of (e.g., a limitation on discovery), state as much in the arbitration agreement.
The agreement must fulfil all the essentials of a valid contract as provided under section 10 of the Indian Contract Act, 1872. The parties must be major, of sound mind, not disqualified by law, with free consent, and for lawful object and consideration.
As to the requirements, an arbitration agreement must:sufficiently specify the parties (they must at least be. determinable);sufficiently specify the subject matter of the dispute in.sufficiently specify the parties' intent to have the.be contained either in a written document signed by the.
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...
10 essential elements for effective arbitration agreementsGoverning Law of the Arbitration Agreement.Existence of a Contract.Consideration.Mutuality.Class-Action Waiver.Opt-out Provision.Employees' Rights Under the Law.Waiver of Jury Trial.More items...?
The parties may also wish to stipulate in the arbitration clause:the law governing the contract;the number of arbitrators;the place of arbitration; and/or.the language of the 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 agreements under the Federal Arbitration Act need to be written, but not necessarily signed.
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.