Massachusetts Arbitration Submission Agreement

State:
Multi-State
Control #:
US-0010BG
Format:
Word; 
Rich Text
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Description

An agreement to arbitrate a dispute that has already arisen is sometimes called a ?ˆ?submission agreement.?ˆ A submission agreement is needed when the parties don?ˆ™t have an existing written contract or a clause in an existing contract that provides that arbitration will be used to settle disputes between them. The submission agreement is used to start the arbitration with the selected arbitrator.
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FAQ

What is binding arbitration? Binding arbitration involves the submission of a dispute to a neutral party who hears the case and makes a decision. Arbitration takes the place of a trial before a judge or jury.

A Submission Agreement is a post-dispute agreement to resolve an existing dispute through arbitration.

We noted that arbitration clauses are made before any dispute arises. Submission agreements, however, are agreements to arbitrate made after the dispute has arisen.

The Massachusetts Act adopted the central provision of the FAA, which makes both pre and post dispute agreements to arbitrate valid, enforceable and irrevocable, except on the grounds for the revocation of other contracts.

A submission agreement provides for the referral of disputes for resolution by arbitration. A submission agreement maybe used in circumstances where the parties have not previously included a dispute resolution clause in their contract and/or it may be used to supersede and replace prior dispute resolution agreements.

Arbitration is normally binding, although non-binding arbitration exists and is similar to a case evaluation. When an arbitrator makes a decision it is called an award. By binding, it means that the parties agree in advance to accept the decision of the arbitrator.

To enforce the right to arbitrate, the party must then file a motion to stay the lawsuit in favor of arbitration. If both parties to the agreement ignore the right to arbitrate, the right is waived.

In the submission agreement, the parties agree to submit only a specific dispute to arbitration. They can do so at the time the dispute arises, while the parties are engaged in negotiations for a resolution, or even if the dispute is already being actively litigated in court.

Arbitration agreements are presumptively valid, enforceable, and irrevocable in Massachusetts, unless grounds exist for revocation under contract law (M.G.L. ch. 251, §1 and Miller, 863 N.E.2d 537 at 543).

An arbitration clause is a clause in a contract that requires the parties to resolve their disputes through an arbitration process.

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Massachusetts Arbitration Submission Agreement