Virginia Arbitration Agreement with Foreign Company

State:
Multi-State
Control #:
US-13162BG
Format:
Word; 
Rich Text
Instant download

Description

Process in which the disputing parties choose a neutral third person who hears both sides of the dispute and then renders a decision. Parties go into arbitration knowing they will be bound by the decision of the arbitrator.
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  • Preview Arbitration Agreement with Foreign Company
  • Preview Arbitration Agreement with Foreign Company
  • Preview Arbitration Agreement with Foreign Company
  • Preview Arbitration Agreement with Foreign Company

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FAQ

In Virginia, arbitration agreements are binding on all the parties involved. Any issue that two individuals decide on during arbitration will be upheld by the court.

Under the Armendariz standards, an arbitration agreement will not be enforced in California if it is both "procedurally unconscionable" and "substantively unconscionable." Any arbitration agreement required as a condition of employment (i.e., any mandatory arbitration agreement) is automatically considered procedurally

An arbitration clause can be either binding or nonbinding. A binding arbitration clause means that the arbitrator's decision on a specific dispute will be final. The courts will enforce that decision, and neither party can appeal or fail to act according to the decision.

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.

Perhaps the foremost advantage of international arbitration over litigation is that an international arbitral award is enforceable virtually worldwide, while a judgment from a national court is oftentimes only enforceable in the nation that issued it.

International arbitration is arbitration between companies or individuals in different states, usually by including a provision for future disputes in a contract.

Virginia Has Adopted the Uniform Arbitration Act Code §8.01-581.01 specifies that if parties agree in writing to submit an existing or future controversy to arbitration, that agreement is considered valid, enforceable and irrevocable unless there are contractual grounds that would make it unenforceable.

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.

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Virginia Arbitration Agreement with Foreign Company