This form brings together several boilerplate contract clauses that work together to outline the procedures for arbitration of any disputes and to establish the laws and legal jurisdiction that will govern such arbitration should it become necessary.
Illinois Putting It All Together - Arbitration Provisions
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Under California law, as well as the law of every other state, an employer can refuse to hire you (or can terminate you) if you refuse to agree to arbitrate all of your employment disputes. At the same time, California law requires that an arbitration agreement must include certain terms to be enforceable.
The request for arbitration shall designate each party to the dispute and provide their contact information, including electronic mail address, street address and telephone number.
Arbitration clauses are frequently paired with class action waivers, which prevent contracting parties to file class action lawsuits against each other. In the United States, arbitration clauses also often include a provision which requires parties to waive their rights to a jury trial.
The arbitrator's decision can give parties a realistic idea of the outcome of their case. If neither party appeals the decision, it will be binding, like an order by a judge. However, a party unhappy with the arbitrator's decision can request a new trial before a judge.
In turn, the standard LCIA arbitration clause reads as follows: ?Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be ...
Pros of Signing an Arbitration Agreement Avoids civil court hostility. Less expensive than civil litigation. Resolutions are generally faster. Process is more flexible than litigation.
Even if you don't currently have a dispute with the company, it is a good idea to opt out of the forced arbitration clause to preserve your options. You can always agree later to use an arbitrator to resolve any dispute. Moreover, if you have opted out, you will have more negotiating power if there is a problem.
Because of limited discovery, lack of a jury, and limited appeal rights, arbitration outcomes are riskier and more final than court litigation. It is hard to see why arbitration would be fairer than court litigation. Arbitration is litigation, just not in court. Arbitration might be the right choice for some cases.