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Invoking Arbitration Clause for the United States

Invoking Arbitration Clause Template for United States

A formal document used in the United States to initiate arbitration proceedings as specified in an existing contract's arbitration clause. This document serves as the official notification that a party is exercising their right to resolve a dispute through arbitration rather than litigation. It must comply with both federal (Federal Arbitration Act) and applicable state laws, and typically includes specific details about the dispute, reference to the original agreement, and proposed arbitration procedures.

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Invoking Arbitration Clause

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What is a Invoking Arbitration Clause?

The Invoking Arbitration Clause document is utilized when a party wishes to resolve a dispute through arbitration rather than court litigation, as provided for in an existing agreement. This document is crucial in the United States legal framework, governed primarily by the Federal Arbitration Act and state arbitration laws. It serves as the formal trigger for arbitration proceedings, outlining the nature of the dispute, referencing the original agreement's arbitration provision, and proposing the arbitration process. The document must be carefully drafted to ensure compliance with both federal and state requirements, and to properly preserve the party's arbitration rights.

What sections should be included in a Invoking Arbitration Clause?

1. Notice of Intent to Arbitrate: Formal declaration invoking the arbitration clause from the original agreement

2. Reference to Original Agreement: Citation of the original contract and specific arbitration provision being invoked

3. Description of Dispute: Clear statement of the issues to be arbitrated, including relevant facts and timeline

4. Proposed Arbitrator/Process: Specification of proposed arbitrator or selection process as per original agreement

5. Relief Sought: Statement of desired outcome or remedy being sought through arbitration

6. Applicable Law: Reference to Federal Arbitration Act and other relevant legislation governing the arbitration

What sections are optional to include in a Invoking Arbitration Clause?

1. Interim Relief: Request for temporary measures pending arbitration, used when immediate action is needed to preserve status quo

2. Additional Choice of Law Provisions: Specification of governing law if not clearly stated in original agreement

3. Class Action Waiver: Explicit waiver of class action rights, if applicable to the dispute

4. Confidentiality Provisions: Additional confidentiality requirements for the arbitration proceedings

What schedules should be included in a Invoking Arbitration Clause?

1. Schedule A - Original Agreement: Complete copy of contract containing the arbitration clause being invoked

2. Schedule B - Supporting Documentation: Evidence and documentation relevant to the dispute

3. Schedule C - Proposed Arbitration Schedule: Suggested timeline for arbitration proceedings and key milestones

4. Schedule D - Relevant Correspondence: Prior communications between parties regarding the dispute

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Cost

Free to use
Clauses




















Industries

Federal Arbitration Act (FAA): Primary federal law (9 U.S.C. ยงยง 1-16) that establishes the validity and enforceability of arbitration agreements, provides framework for arbitration procedures, and preempts conflicting state laws

New York Convention: Convention on the Recognition and Enforcement of Foreign Arbitral Awards - crucial for international arbitration enforcement and recognition

State Arbitration Laws: Individual state-specific laws that govern arbitration procedures and requirements within state jurisdiction

State Contract Formation Requirements: State-specific rules and regulations governing how contracts, including arbitration agreements, must be formed to be valid

AT&T Mobility LLC v. Concepcion (2011): Key Supreme Court precedent supporting enforcement of arbitration agreements and addressing class action waivers in arbitration

Epic Systems Corp. v. Lewis (2018): Supreme Court decision upholding the enforceability of class action waivers in employment arbitration agreements

Unconscionability Doctrine: Legal principle that may void arbitration agreements if they are grossly unfair or one-sided

Industry-Specific Regulations: Particular rules and requirements for arbitration in specific industries or sectors

Consumer Protection Laws: Federal and state laws protecting consumer rights that may affect the enforceability of arbitration clauses in consumer contracts

Employment Law Requirements: Specific rules and restrictions governing arbitration in employment contexts, including federal and state workplace regulations

Class Action Waiver Rules: Regulations and precedents governing the inclusion and enforcement of class action waivers in arbitration agreements

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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