Michigan Arbitration Reference Clause

State:
Multi-State
Control #:
US-TS10042A
Format:
Word; 
PDF; 
Rich Text
Instant download

Description

This form is an Arbitration Reference Clause usable to compel arbitration in contracts where licensing, patents, or commercial trade secrets are a factor.

How to fill out Arbitration Reference Clause?

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FAQ

Yes. The Federal Arbitration Act, or FAA, was passed in 1925 in response to a variety of court decisions that held arbitration agreements unenforceable. This law provides that arbitration agreements are generally valid and enforceable.

An arbitration clause is not enforceable if it is found to be unconscionable. Unconscionability is generally recognized to include an absence of meaningful choice on the part of one of the parties to a contract, combined with contract terms that are unreasonably favorable to the other party.

Under the MUAA, an arbitration agreement is valid, enforceable, and irrevocable unless there is a legal or equitable ground for revocation of the agreement under Michigan law. Like any contract, an arbitration agreement is unenforceable unless it is a contract that binds both parties (see Heurtebise v.

The Arbitrator is chosen pursuant to the agreement of the parties. The parties present proofs and arguments to the Arbitrator. The Arbitrator then determines the facts, decrees and outcome.

Staff Comment: The addition of new MRPC 1.19 and its Official Comment clarify that a lawyer may only include an arbitration provision in a lawyer-client representation agreement if the client provides informed consent in writing to the provision after being reasonably informed about the scope, advantages, and ...

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.

The Terms of Reference are a contractual instrument signed by the parties and the arbitrators after the arbitral tribunal is constituted. Its main objective is to define the dispute in a clear manner and to evidence the agreement of the parties in regard to procedural matters.

(5) The reference in a contract to a document containing an arbitration clause constitutes an arbitration agreement if the contract is in writing and the reference is such as to make that arbitration clause part of the contract.

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Michigan Arbitration Reference Clause