Subject Matter Language
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Dispute Resolution

Arbitration. Any dispute or controversy arising out of this agreement and [SUBJECT MATTER OF THE AGREEMENT] will be settled by arbitration in [STATE], according to the rules of the American Arbitration Association then in effect, and by [NUMBER OF ARBITRATORS] arbitrators[s].

Judgment. Judgment may be entered on the arbitrator's award in any court having jurisdiction.

Arbitrator's Authority. The arbitrator will not have the power to award any punitive [or consequential] damages.


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Neutral Exchange Agreements Dispute Resolution
Dispute Resolution
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Dispute Resolution

Arbitration. Any dispute or controversy arising out of this agreement will be settled exclusively by arbitration in [STATE], in accordance with the rules of the American Arbitration Association then in effect by [NUMBER OF ARBITRATORS] arbitrator(s).

Judgment. Judgment may be entered on the arbitrator's award in any court having jurisdiction. The arbitrator will not have the power to award any punitive [or consequential] damages.


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Neutral Exchange Agreements Dispute Resolution
Short
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Dispute Resolution. Any controversy or claim arising out of this agreement will be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction.


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Exchange Agreements Dispute Resolution
Detailed
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Dispute Resolution

Arbitration. Any dispute or controversy arising out of this agreement will be settled exclusively by arbitration in [STATE], in accordance with the rules of the American Arbitration Association then in effect by [NUMBER OF ARBITRATORS] arbitrator(s).

Judgment. Judgment may be entered on the arbitrator's award in any court having jurisdiction. The arbitrator will not have the power to award any punitive [or consequential] damages.

Appointment of Arbitrators. Arbitration will be determined by three arbitrators, one appointed by [PARTY A], one appointed by [PARTY B], and the third will be appointed by the first two arbitrators.

Failure to Appoint Arbitrators. If either [PARTY A] or [PARTY B] fails to appoint an arbitrator within [NUMBER OF DAYS] of a request in writing by the other to do so, or if the first two arbitrators cannot agree on the appointment of a third arbitrator within [NUMBER OF DAYS] after the second arbitrator is designated, then such arbitrator will be appointed by the American Arbitration Association.

Procedure. The arbitration will be conducted promptly and expeditiously and in accordance with the rules of the American Arbitration Association.

Arbitration Expenses. The parties shall bears the expenses of the arbitrator(s) equally.


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Neutral Exchange Agreements Dispute Resolution
Mediation, Arbitration, Litigation
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Dispute Resolution

Mediation. Any disputes not resolved by negotiation will be subject to mediation under the [American Arbitration Association's Mediation Rules] as a condition precedent to the filing of any litigation.

Either party may commence the mediation process by providing to the other party written notice, listing the subject of the dispute, claim or controversy and the relief requested.

Within ten 10 days after the receipt of the foregoing notice, the other party shall deliver a written response to the initiating party's notice.

Mediation will be held at a mutually agreeable location[ within the State where the contract is performed].

The initial mediation session will be held within 30 days after the initial notice.

The parties agree to share equally the expenses of the mediation (which will not include the expenses incurred by each party for its own legal representation in connection with the mediation).

Arbitration. Any disputes not resolved by mediation within [45] days after initiation of the mediation procedure will be resolved by arbitration under the American Arbitration Association's Arbitration Rules in a court of competent jurisdiction where the [contract is performed]. 

The arbitration will be governed by the Federal Arbitration Act, 9 U.S.C. §§1 et seq., and judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof.

The arbitration will be conducted by an arbitrator experienced in [ARBITRATOR EXPERIENCE] and will include a written record of the arbitration hearing. The parties reserve the right to object to any individual who will be employed by or affiliated with a competing organization or entity.

The place of arbitration will be [CITY, STATE].

Litigation. If the dispute has not been resolved by non-binding means as provided herein within [90] days of the initiation of such procedure, this agreement does not preclude either party from initiating litigation [on [00] days written notice to the other party]; provided, however, that if one party has requested the other to participate in a non-binding procedure and the other has failed to participate, the requesting party may initiate litigation before expiration of the above period.


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Neutral Exchange Agreements Dispute Resolution
Reference to Underlying Agreement
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Dispute Resolution. The dispute resolution procedures under section [SECTION OF UNDERLYING AGREEMENT] in the [UNDERLYING AGREEMENT NAME] will govern any dispute arising out of this agreement[ and [SUBJECT MATTER OF THE AGREEMENT]].


Example Notes

This alternative should be used to avoid conflicting dispute resolution agreements between related or over-lapping agreements. Insert the name of the other agreement, section number of its dispute resolution procedures, and its subject matter for added clarity.


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Neutral Dispute Resolution

About

  • Clause Taxonomy: Dispute Resolution
  • Organization: Public
  • Updated: 01/23/2018
  • Rating

Overview

An Arbitration or Dispute Resolution clause provides that any dispute arising between contracting parties are to be settled by an arbitration tribunal. The principal considerations in drafting a dispute resolution clause are:

  • Binding or Non-Binding: Binding arbitration clauses are enforceable by the courts, meaning that the decision of the arbitrators is final. Non-binding arbitration clauses allow parties to ignore the tribunal's decision and take the dispute to court are possible but very rare.
  • Selection of Rules: A large number of domestic and international dispute resolution rules are available. In the US, the most popular are CPR Institute for Dispute Resolution, American Arbitration Association, JAMS/Endispute, and National Arbitration Forum.
  • Selection of Arbitrators: The clause may determine the number and qualifications of the arbitrators and which party has the right of selection or rejection.
  • Timing and location: The clause may define the schedule for submitting disputes and the location for the hearing.