This Arbitration Clause Employment Contract template is designed for use in Irish employment relationships where parties wish to establish arbitration as their primary dispute resolution mechanism. It addresses the growing need for efficient and private dispute resolution in employment relationships while ensuring compliance with Irish employment law and arbitration regulations. The document is particularly relevant in today's business environment where companies seek to manage litigation risks and costs while maintaining fair treatment of employees. It includes provisions for initiating arbitration, selecting arbitrators, conducting proceedings, and allocating costs, all while preserving statutory employment rights under Irish law. The clause is crafted to be enforceable under the Irish Arbitration Act 2010 and compatible with relevant employment legislation, including the Workplace Relations Act 2015.
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1. Parties: Identification of the employer and employee, including full legal names and addresses
2. Background: Context of the employment relationship and purpose of including the arbitration clause
3. Definitions: Key terms used in the arbitration clause including 'Dispute', 'Arbitration', 'Award', etc.
4. Scope of Arbitration: Clear specification of which disputes are covered by the arbitration clause and which are excluded
5. Agreement to Arbitrate: The core agreement between parties to submit covered disputes to binding arbitration
6. Arbitration Procedure: Process for initiating arbitration, selecting arbitrators, and conducting proceedings
7. Costs and Fees: Allocation of arbitration costs and fees between parties
8. Confidentiality: Provisions regarding confidentiality of arbitration proceedings and outcomes
9. Governing Law: Specification of Irish law as governing law and reference to applicable arbitration legislation
10. Severability: Provision ensuring remainder of clause remains valid if any part is found unenforceable
11. Execution: Signature blocks and date of agreement
1. Multiple Jurisdictions: Required when employment involves cross-border elements or multiple jurisdictions
2. Class Action Waiver: Optional provision waiving right to participate in class actions, subject to Irish law limitations
3. Pre-Arbitration Mediation: Optional requirement to attempt mediation before proceeding to arbitration
4. Emergency Relief: Provisions for seeking emergency interim relief from courts when necessary
5. Remote Proceedings: Provisions for conducting arbitration remotely or virtually
6. Language of Arbitration: Required when parties are from different linguistic backgrounds
7. Multi-Party Provisions: Required when agreement might involve multiple employees or related entities
1. Schedule 1: Arbitration Procedures: Detailed procedures for conducting the arbitration, including timelines and requirements
2. Schedule 2: Arbitrator Qualifications: Specific requirements and qualifications for arbitrators
3. Schedule 3: Fee Schedule: Detailed breakdown of arbitration fees and costs
4. Schedule 4: Notice Forms: Template forms for initiating arbitration and other necessary notices
5. Appendix A: Excluded Claims: Detailed list of claims that are excluded from arbitration
6. Appendix B: Mediation Procedures: Procedures for pre-arbitration mediation if included
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