The Enforcement of Arbitration Agreement is utilized when one party attempts to avoid arbitration despite a valid agreement to arbitrate disputes. This document is essential in the U.S. legal system, where both federal and state laws strongly favor arbitration enforcement. It's particularly relevant when a party files a lawsuit in court instead of proceeding with agreed-upon arbitration, or refuses to participate in the arbitration process. The document must comply with the Federal Arbitration Act and state arbitration laws, and typically includes details of the original agreement, demonstration of its applicability to the current dispute, and reasons why enforcement should be granted.
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1. Parties: Identification of parties seeking enforcement and opposing parties
2. Background: Context of the original arbitration agreement and current enforcement action
3. Definitions: Key terms used throughout the enforcement agreement
4. Original Agreement Reference: Details of the original arbitration agreement being enforced
5. Grounds for Enforcement: Legal basis for seeking enforcement under the Federal Arbitration Act and applicable state laws
6. Relief Sought: Specific enforcement actions requested from the court
7. Jurisdiction and Venue: Court's authority to enforce the agreement and proper venue for enforcement
1. International Enforcement: Additional provisions addressing cross-border enforcement requirements and procedures
2. Interim Measures: Provisions for temporary relief and protective measures during the enforcement process
3. Cost Allocation: Specific provisions regarding the allocation of enforcement costs and legal fees
1. Schedule A - Original Arbitration Agreement: Complete copy of the arbitration agreement being enforced
2. Schedule B - Related Correspondence: Key communications regarding the arbitration enforcement
3. Schedule C - Supporting Documentation: Evidence and documentation supporting the enforcement action
4. Schedule D - Arbitration Awards: Copies of any existing arbitration awards requiring enforcement
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