The Arbitration Submission Agreement is used when parties have a dispute but no pre-existing arbitration clause, or when they wish to modify their existing arbitration arrangements. This document, governed by U.S. federal and state arbitration laws, specifies the precise terms under which the arbitration will proceed. The agreement typically includes details about the dispute's scope, arbitrator selection, procedural rules, costs, and the binding nature of the award. Unlike pre-dispute arbitration clauses, this agreement is created after a dispute has arisen, allowing parties to tailor the arbitration process to their specific situation.
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1. Parties: Identification and details of parties entering into the arbitration agreement
2. Background: Context of the dispute and reason for arbitration
3. Definitions: Key terms used throughout the agreement
4. Scope of Arbitration: Specific matters to be submitted to arbitration
5. Appointment of Arbitrators: Process and criteria for selecting arbitrators
6. Arbitration Procedures: Rules and procedures governing the arbitration process
7. Governing Law: Law applicable to the arbitration and reference to Federal Arbitration Act compliance
1. Costs and Fees: Allocation of arbitration costs and legal fees between parties
2. Confidentiality: Provisions for maintaining confidentiality of proceedings and documentation
3. Discovery Provisions: Rules regarding information exchange and discovery process
1. Schedule of Disputed Matters: Detailed list of issues to be arbitrated and specific claims
2. Arbitrator Qualifications: Specific requirements and qualifications for arbitrator selection
3. Procedural Timeline: Proposed schedule and key deadlines for arbitration proceedings
4. Institutional Rules: Applicable arbitration institution rules (if using institutional arbitration)
Is an arbitration submission agreement legally binding in the United States?
Yes, arbitration submission agreements are legally binding in the United States under the Federal Arbitration Act (9 U.S.C. §§ 1-16). Once signed by all parties, the agreement creates enforceable obligations to resolve disputes through arbitration rather than court litigation. Courts generally uphold these agreements and will compel arbitration when properly executed.
Do I need a lawyer to create an arbitration submission agreement?
While not legally required, hiring a lawyer is highly recommended for arbitration submission agreements. These documents involve complex legal considerations including arbitrator selection, procedural rules, and enforcement mechanisms. An attorney can ensure the agreement complies with federal and state laws and properly protects your interests in the arbitration process.
How does an arbitration submission agreement differ from an arbitration clause in a contract?
An arbitration submission agreement is created after a dispute has already arisen between parties who had no prior arbitration clause. In contrast, an arbitration clause is included in the original contract before any disputes occur. Submission agreements allow parties to voluntarily choose arbitration for existing conflicts rather than pursuing court litigation.
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