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.
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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
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
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
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