This arbitration agreement is executed contemporaneously with, and as an Inducement and consideration for, an Installment or sales contract for the purchase of a manufactured home. It provides that all claims or disputes arising out of or relating in any way to the sale, purchase, or occupancy of manufactured home resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. This Agreement is an election to resolve claims, disputes, and controversies by arbitration rather than the judicial process. The parties waive any right to a court trial.
Pennsylvania Arbitration Agreement
Category:
State:
Multi-State
Control #:
US-00416-1
Format:
Word;
Rich Text
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FAQ
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.
(a) General rule. --An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable and irrevocable except upon a ground that exists at law or in equity for the revocation of a contract. (b) Court decision.
Are Arbitration Agreements Legally Binding? Arbitration agreements are legally-binding if the case is disputed through binding arbitration. If the arbitration is non-binding, then you can pursue the case in court. If the arbitration is binding, then it is enforceable under law.
While it has been held that arbitration agreements do not divest a court of jurisdiction, such agreements are binding upon the parties and will be enforced absent proof of duress, fraud or unconscionability.
In most cases, an arbitration award is binding, meaning that the decision is final and can be enforced. An arbitration will usually include the following steps: Agreement: To submit a dispute to arbitration, the parties must agree to arbitrate.
While parties are not required to have an attorney to participate in arbitration, arbitration is a final, legally-binding process that may impact a party's rights. As such, parties may want to consider consulting an attorney at any time before, during, or after the arbitration.
1 The jurisdictional limits for compulsory arbitration vary considerably with cases involving up to $50,000 being referred to arbitration in Philadelphia, Montgomery, Lehigh, Bucks, and Lancaster Counties, whereas the limit is set at $35,000 in Chester and Dauphin Counties (among others), $30,000 in York and
When parties choose to arbitrate, they hire an arbitrator to make decisions in their case. The parties can agree to binding or non-binding arbitration. The parties can decide the degree of formality that they want to follow with regard to presentation of witnesses and exhibits.