This form is an Arbitration Reference Clause usable to compel arbitration in contracts where licensing, patents, or commercial trade secrets are a factor.
Washington Arbitration Reference Clause
State:
Multi-State
Control #:
US-TS10042A
Format:
Word;
PDF;
Rich Text
Instant download
Description
How to fill out Arbitration Reference Clause?
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FAQ
(1) 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 contract.
A business contract, lease or other written contract may contain an arbitration clause. By using such a clause, the parties to the contract agree to arbitrate any future disputes. As with any clause, all parties must agree to it's use in the contract before the contract is signed.
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.
A motion requests the court for a specific ruling, direction, or order. One such motion is the Motion to Compel Arbitration. You can compel arbitration as long as you have a valid and enforceable written agreement to force the other party to submit the dispute to arbitration.
Cases Subject to Civil Arbitration the relief requested is for money damages only; and. no claim exceeds the jurisdictional limit of $100,000, exclusive of attorney's fees, interest, or costs.
Motion to ComPel or Stay arBitration A party seeking to compel arbitration must file a motion that shows an agreement to arbitrate and alleges the other party's refusal to arbitrate under the agreement (RCW 7.04A. 070(1)).
Is Arbitration Enforceable in Washington State? Generally speaking, state and federal law favor arbitration as a dispute resolution process. If one party to the dispute doesn't believe an arbitration clause in a contract is enforceable, that party holds the burden of proving the clause is unenforceable.
(1) An arbitrator may award punitive damages or other exemplary relief if such an award is authorized under the applicable law in a civil action involving the same claim and the evidence produced at the hearing justifies the award under the legal standards otherwise applicable to the claim.
