Drafting enforceable arbitration agreements presents a challenge, particularly for multi-state employers. This is because most states have specific, individual requirements governing arbitration agreements that can range from the technical (such as requiring that employees specifically initial the arbitration provision), to the more substantive (such as prohibiting certain claims from arbitration altogether). Drafting an Effective Arbitration Agreement. Having this agreement saves them from the hassle and the cost of going through a lawsuit. An arbitration agreement can come in many forms. It could be a clause at the bottom of an employment agreement. Look at these Sample Employment Agreements and see some arbitration clauses within.

1. How To Draft An Effective Arbitration Clause And Arbitration Agreement
2. How To Draft An Arbitration Agreement Pdf

File Format. PDFSize: 68 KBWhat Is an Arbitration Agreement?An arbitration agreement is an arrangement between two parties that when misunderstandings and disputes arise in the future, its resolution would be through an arbitration, that is, there will be no filing of lawsuit or going to court. Arbitration agreements can come in many forms. It could be part of a contract or a whole document of its own. There are for employment problems. To avoid disputes on, say, your lease, be sure to check your.

In an arbitration, an arbitrator or mediator is often present to hear the case and make a decision afterward. Arbitration Versus LitigationWhen talking it over in private with the parties involved does not work, the only way to resolve a legal dispute is through a litigation or an arbitration. Each has its own advantage and disadvantages. An arbitration is usually over in a few session while a litigation takes longer. An arbitration is cheaper than a litigation. An arbitration is confidential, so there will be no public records about the dispute.

An arbitrator’s decision is final while a litigation ruling can still be appealed. An arbitration offers a more limited amount of information than a litigation.Arbitration Submission Agreement. File Format. PDFSize: 15 KBDrafting an Effective Arbitration AgreementAn arbitration agreement serves as a protective clause for organizations in case disputes with people they are dealing with happen. Having this agreement saves them from the hassle and the cost of going through a lawsuit. An arbitration agreement can come in many forms.

It could be a clause at the bottom of an employment agreement. Look at these and see some arbitration clauses within.

July 2018 How do I draft my arbitration agreement to cater for the arbitration of IP disputes?1. Arbitration (Amendment) Ordinance 20171.1 In our, we discussed the implications of the Arbitration (Amendment) Ordinance 2017 and the factors to consider when deciding whether to settle Intellectual Property Right (' IPR') disputes by arbitration.1.2 Since arbitration can only take place with the consent of all parties, a crucial first step is to create a valid, enforceable arbitration agreement that reflects the consensus of the parties.

In the majority of cases this will be the 'arbitration clause' included in the parties’ agreements and contracts.1.3 A poorly drafted arbitration clause can cause time-consuming and costly delays to the arbitration process, and in a worst-case scenario, could even result in the clause being declared invalid or unenforceable.1.4 In this article we identify some key issues to note when drafting an arbitration agreement.2. Drafting of Arbitration Clauses2.1 A basic arbitration agreement should at least cover the following:(a) Scope of the arbitration agreementHave your arbitration clause wide to cover all disputes arising out of or in relation to the contract, including pre-contractual and tort claims, unless you intend to carve out disputes for separate determination e.g. If you want a mechanism for expert determination for pricing or technical disputes.Words such as 'disputes relating to' or 'arising in connection with' rather than 'arising under' are best used to avoid the risk that certain claims or disputes are found to be outside the jurisdiction of the arbitral tribunal, and to avoid unnecessary argument, although there is a presumption that parties intend to have a one stop adjudication of disputes.(b) Composition of the arbitral tribunalThe number of arbitrators, either one or three, should be specified. The choice of the number of arbitrators depends on the size and complexity of likely disputes, the need for technical expertise, and the importance of cultural representation - having a party appointed arbitrator that understands how companies from certain countries operate, and their systems and processes.(c) Method of selecting the tribunalThe method of selecting arbitrators is usually provided either in the institutional rules or in the arbitration clause.

How To Draft An Effective Arbitration Clause And Arbitration Agreement

A sole arbitrator is appointed by the institution in default of agreement by the parties. For a tribunal of three, the claimant and respondent (or joint claimants or joint respondents) nominate one arbitrator each, with the third arbitrator, who acts as the presiding arbitrator, nominated by either the two party arbitrators or the institution, for confirmation by the institution of their appointment. Consideration should be provided in the arbitration clause for the two party arbitrators or the parties to choose the presiding arbitrator if the institutional rules state that the presiding arbitrator shall be chosen by the institution.

How To Draft An Arbitration Agreement Pdf

Some institutional rules also require that the parties choose their party arbitrator from the institution’s list or panel of arbitrators. If that is the case, the parties should stipulate in their arbitration clause that they can appoint party arbitrators who are not on the institution’s panel. If there is no requirement for the sole arbitrator or presiding arbitrator to be a nationality other than that of the parties in the institutional rules, then this should be stated in the arbitration clause.(d) SeatParties should specify the seat of the arbitration: where the arbitration is conducted for legal purposes, and which determines the procedural law governing the arbitration (i.e.

If an arbitration is seated in Hong Kong, the Hong Kong procedural rules relating to arbitrations (the Arbitration Ordinance (Cap. 609)) apply).