Pre-Arbitration Agreement Drafting

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Categories: Dispute Resolution

Pre-Arbitration Agreement Drafting

A Pre-Arbitration Agreement is a legal document created before a dispute arises, outlining the terms and conditions under which the parties agree to resolve any future conflicts through arbitration rather than litigation. This type of agreement is essential in establishing a framework that governs the arbitration process, including procedural rules, selection of arbitrators, and the scope of issues to be arbitrated.

In drafting a Pre-Arbitration Agreement, parties typically address several key components:

  1. Scope of Arbitration: This specifies the types of disputes that will be subject to arbitration. For example, it may cover contractual disputes, tort claims, or even statutory claims.

  2. Arbitration Rules: The agreement often references specific arbitration rules from established organizations, such as the American Arbitration Association (AAA) or JAMS, which provide guidelines on how the arbitration process will be conducted.

  3. Selection of Arbitrators: The parties may agree on a method for selecting arbitrators, including qualifications and the number of arbitrators (often one or three), ensuring that the chosen arbitrators have relevant expertise.

  4. Location and Governing Law: The agreement should designate where the arbitration will take place and which jurisdiction’s laws will govern the arbitration process.

  5. Confidentiality Provisions: Many parties include stipulations regarding confidentiality to protect sensitive information disclosed during arbitration.

  6. Enforcement and Costs: The agreement often addresses how the arbitration award will be enforced and the allocation of costs associated with the arbitration process.

For example, a construction contract may include a Pre-Arbitration Agreement stating that any disputes arising from the project will be resolved through arbitration under AAA rules, with an arbitrator chosen from a panel with construction industry expertise. This proactive approach aims to minimize litigation costs, reduce time spent on disputes, and provide a more streamlined resolution process.

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